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IP #746COUNCIL V V 6 REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works September 8, 2003 Consent Item No. By: Guy Johnson By: 6.12 RESOLUTION AWARDING CONTRACT FOR SITE RESTORATION OF THE STORM WATER CHANNEL AND UTILITY IMPROVEMENT PROJECT (PROJECT NO. 746) REQUESTED ACTION Staff requests approval of a resolution awarding the contract to the lowest responsible bidder, Minnesota Native Landscape, in the amount of $16,476.59. POLICYIPAST PRACTICE Earlier this summer, the City Council approved the installation of watermain and storm sewer pipe from the future site of the regional pond to be constructed south of St. Joseph's Church, to the storm water pipe running under 36th Avenue. That installation work is being done at this time. Trees in the area have been removed and the installation of the pipe will begin very soon. BACKGROUND At a meeting with area residents, staff was requested to protect as many of the trees in the area as possible and to maintain the natural character of the channel. To this end, the layout of the pipe was changed, moving the pipe towards the church parking lot, protecting additional trees and maintaining the current path of the channel. However, the pipe installation will have an impact on the appearance of the channel. This project provides for the cleaning and restoration of the channel through the project area. The restoration and erosion control work was quoted separately from the pipe installation work to companies that specialize in this type of work. Two quotes were received, the second, from Dave Giles Contracting in the amount of $17,137.65 FUNDING Funds for the proposed Channel and Site Restoration Project are available through the Storm Water Fund. ATTACHMENTS The engineer's memorandum, bid tabulation sheet, and Resolution are attached. SECOND BY MOTION BY s Z� I:\RFATUBWORM2003 \746 Channel Restoration (St. Joseph's).doc CITY OF NEW HOPE RESOLUTION NO. 03- 131 RESOLUTION AWARDING CONTRACT FOR THE SITE RESTORATION OF THE STORM WATER CHANNEL AND UTILITY IMPROVEMENT PROJECT (PROJECT 746) WHEREAS, the City deems it desirable to restore the utility improvement and the channel behind St. Joseph's after the installation of a new storm water pipe running from the new regional pond to 36` Avenue; and, WHEREAS, this site restoration and erosion control work was quoted separately from the pipe installation work; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the City has accepted quotes for work described in the plans and specifications and has identified the lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW HOPE, MINNESOTA: 1. That the contract between the City of New Hope and Minnesota Native Landscaping in the amount of $16,476.59 is approved. 2. That the mayor and city manager are authorized to sign the contract documents. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 8th day of September, 2003. c' Mayor ro tem Attest: City Clerk Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 -4898 Re: St. Joseph Channel and Site Restoration Bonestroo File No. 34 -02 -148; City Project 746 Recommendation of Contract Award Honorable Mayor and City Council: Quotes were received for the project stated above on Wednesday, August 27, 2003. Transmitted herewith is a copy of the bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of 2 quotes. Six quotes were requested. The following summarizes the results of these quotes: Contractor Quote Amount Low Minnesota Native Landscape $16,476.59 #2 Dave Giles Contracting $17,137.65 The low bidder on the project was Minnesota Native Landscape with a quote of $16,476.59. This compares to the Engineer's Estimate of $20,000.00. The quote is below the cost anticipated at the time of the approval of Hidden Valley Park project Change Order #2 which included the storm sewer work. These quotes have been reviewed and found to be in order. This quote follows the award of the storm sewer utility work to Veit & Company. The restoration and erosion control work was quoted separately from Veit's to companies that specialized in this work. This was the best approach for this project to complete the work in a timely and quality manner. All of the above Contractors have proven they are capable of performing the work associated with this type of project. The City Council should award the project to the low bidder, Minnesota Native Landscape based on the Quote Amount of $16,476.59. Should you have any questions, please feel free to contact me at (651) 604 -4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. 2335 West Highway 36 ■ St. Paul, MN 55113 n 651 - 636 -4600 a Fax: 651-636-1311 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer ' Bonestroo and Employee Owned Rosen R ®sene Principals: Otto G. Bonestroo, PE. • Marvin L. Sorvala, PE. - Glenn R. Cook, P.E. - Robert G. Schunicht, PE, Jerry A. Bourdon, RE. - Mark A. Hanson, RE. A noderlik f / . 1 I� CX Senior Consultants: Robert W. Rosene, P.E. - Joseph C. Anderlik, P.E. • Richard E. Turner, PE. - Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferle, PE. • Richard W. Foster, P.E. • David O. Loskota, P.E. A ssociates Michael T. Rautmann, BE. - Ted K. Field. PE. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. - David A. Bonestroo, M.B.A, - Sidney P. Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. - Allan Rick Schmidt, P.E. - Thomas W. Peterson, RE. - Eng ineers &Architects James R. Maland, P.E. • Miles B. Jensen, P.E. - L. Phillip Gravel III, PE. • Daniel J. Edgerton, PE. - Ismael Martinez, P.E. 9 Thomas A. Syfko, P.E. - Sheldon J. Johnson • Dale A. Grove, PE. • Thomas A. Roushar, PE. - Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN - Milwaukee, Wt - Chicago, IL September 2, 2003 Website: www.bonestroo.com Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 -4898 Re: St. Joseph Channel and Site Restoration Bonestroo File No. 34 -02 -148; City Project 746 Recommendation of Contract Award Honorable Mayor and City Council: Quotes were received for the project stated above on Wednesday, August 27, 2003. Transmitted herewith is a copy of the bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of 2 quotes. Six quotes were requested. The following summarizes the results of these quotes: Contractor Quote Amount Low Minnesota Native Landscape $16,476.59 #2 Dave Giles Contracting $17,137.65 The low bidder on the project was Minnesota Native Landscape with a quote of $16,476.59. This compares to the Engineer's Estimate of $20,000.00. The quote is below the cost anticipated at the time of the approval of Hidden Valley Park project Change Order #2 which included the storm sewer work. These quotes have been reviewed and found to be in order. This quote follows the award of the storm sewer utility work to Veit & Company. The restoration and erosion control work was quoted separately from Veit's to companies that specialized in this work. This was the best approach for this project to complete the work in a timely and quality manner. All of the above Contractors have proven they are capable of performing the work associated with this type of project. The City Council should award the project to the low bidder, Minnesota Native Landscape based on the Quote Amount of $16,476.59. Should you have any questions, please feel free to contact me at (651) 604 -4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. 2335 West Highway 36 ■ St. Paul, MN 55113 n 651 - 636 -4600 a Fax: 651-636-1311 Bonestroo Bose 0 Project Name: St. Josephs Channel and Site Restoration I hereby certify that this is an exact Anderlik & Project No.: File No.: 34 -03 -148 reproduction of bids received. Associates CATEGORY 4 INSTALLATION SY Engineers &Architects Bid Opening: Friday, August 29, 2003, at 12:00 P.M., C.D.S.T. Owner: City of New Hope $2.15 $2,216.65 2 EROSION CONTROL BLANKET Vincent T. Vander Top, .E. Registration No. 25770 CATEGORY 3 INSTALLATION Bidder No. 1 Bidder No. 2 $1.28 BID TABULATION Minnesota Native Dave Giles Contracting 3 BIOROLL INSTALLATION LF Landscape $9.95 $1,194.00 Item $1,200.00 4 MACHINE SLICED SILT FENCE Num Item Units City I Unit Price Total Unit Price Total BASE BID: 1 EROSION CONTROL BLANKET CATEGORY 4 INSTALLATION SY 1031 $2.36 $2,433.16 $2.15 $2,216.65 2 EROSION CONTROL BLANKET CATEGORY 3 INSTALLATION SY 880 $1.28 $1,126.40 $1.80 $1,584.00 3 BIOROLL INSTALLATION LF 120 $9.95 $1,194.00 $10.00 $1,200.00 4 MACHINE SLICED SILT FENCE INSTALLATION LF 1200 $2.79 $3,348.00 $2.50 $3,000.00 5 SHADE SEED MIX AC 1.9 $1,918.62 $3,645.38 $1,500.00 $2,850.00 6 MULCH - TYPE 3 AC 1.5 $1,641.09 $2,461.64 $950.00 $1,425.00 7 BARE ROOT SHRUB PLANTING EA 121 $9.18 $1,11078 $22.00 $2,662.00 8 MOWING MAINTENANCE EA 2 $578.62 $1,157.24 $1,100.00 $2,200.00 TOTAL BASE BID $16,476.59 $17,137.65 TOTAL BASE BID $16,476.59 $17,137.65 Contractor Name and Address: Minnesota Native Landscape Dave Giles Contracting 14088 Hwy 95 NE 2110 Alcana Ln. Foley, MN 56329 Burnsville, MN 55306 Phone: (320) 968 -4222 (612) 685 -5863 Fax (320) 968 -4223 (952) 888 -6447 Signed By: John Garry Dave Giles Title: Vice President President/Owner Addenda Acknowledged: None None 3403148BT.xls BT -1 3101 October 13, 2003 Minnesota Native Landscapes, Inc. 14088 Hwy. 95 NE Foley, MN 56329 SUBJECT: ST. JOSEPH CHANNEL AND SITE RESTORATION IMPROVEMENT PROJECT NO. 746 Enclosed is a fully executed contract document for the site restoration work as part of New Hope Project No. 746. This contract was awarded by the New Hope City Council on September 8, 2003 for $16,476.59. Should you have any questions regarding the project, please contact Guy Johnson or Tom Schuster at the New Hope Public Works Department (763)592-6777. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Vince VanderTop, Assistant City Engineer 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 CITY OF NEW HOPE CONTRACT FOR St. Joseph Channel and Site Restoration City Project 746 N ® For valuable consideration as set forth below, this contract dated the 24 day of September, 2003, is made and signed by the City of New Hope (hereinafter "OWNER ") and Minnesota Native Landscapes (hereinafter "CONTRACTOR "). 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 Exhibit A (request for proposal). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The OWNER agrees to pay the CONTRACTOR $16,476.59 dollars, 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 $200 per day for every calendar day that the contract remains uncompleted beyond the 15 day of June, 2004. Total amount of this contract shall not exceed $16,496.59. 4. COMPLETION DATE CONTRACTOR shall complete his performance under this Contract by the 1 st day of December, 2003 (hereinafter "Completion Date "). CONTRACTOR shall complete all shrub installation by the 15 day of June, 2004. 5. INSURANCE /BOND Before beginning actual work under this Contract, the CONTRACTOR shall submit to the OWNER and obtain the OWNER'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 OWNER as a loss payee under the policies: a. General Contractor Liability: b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts 34 -03 -150 Contract 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 OWNER 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 OWNER that may apply to injury or damage relating to the maintenance or repair of the OWNER's streets or right -of -ways by either the OWNER or any employee, agent, independent contractor or any other person or entity retained by the OWNER to perform the services described herein. This certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the OWNER that may apply to injury or damage relating to the maintenance or repair of the OWNER's streets or right -of -ways by either the OWNER or any employee, agent, independent contractor, or any other person or entity retained by the OWNER 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 OWNER. 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 OWNER 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 OWNER. 34 -03 -148 Contract 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 iy0 b' u 95 /L / t Fold 1nV1 The address of the OWNER for purposes of giving notices and any other purpose under this contract sh II be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is n oLy1So n IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. OWNER, CITY OF NEW HOPE Y Its Mayor By Its City Man " CONTRACTOR 6&4 a Its epresentative �CI 6L ri f 34 -03 -148 Contract Contract Page 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN } d he foregoing was acknowledged before me this /6 HI day of c l o— , 2003, by W. Peter Enck 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 �< j • NOTAPY PUBLIC _.�n STATE OF MINNESOTA ) ) ss. COUNTY OF-HflMOi£ iN BENTON ) Notary Public The foregoing was acknowledged before me on this 3rd day of October , 2003, by John Garry of Minnesota Native Landscapes Inc. , on behalf of Minnesota Nati LandGra= Pc Inc. /S Notary Public BEVERLY SANDY a � NOTARY PUBLIC - MINNESOTA �a..,.+ My Comm. Exp. Jan. 31, 2005 d� 34 -03 -148 Contract Bonestroo ® Rosene Anderiik & Associates Engineers & Architects Bidder: Total Quotation Address: 1$088 Hwy 95 NE Telephone No. City, State, Zip: Foley, MN 56329 Fax No. QUOTATION FORM ST. JOSEPHS CHANNEL AND SITE RESTORATION FILE NO. 34 -03 -148 NEW HOPE, MINNESOTA AUGUST 2003 THIS QUOTATION IS SUBMITTED TO: CITY OF NEW HOPE ATTENTION: TOM SCHUSTER 5500 INTERNATIONAL PARKWAY NEW HOPE, MN 55428 Dear Council Members: The undersigned, being familiar with your local conditions, having made the field inspection and investigations deemed necessary, having studied the drawings and specifications and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposed to furnish all labor, tools, materials, skills, equipment, and all else necessary to completely construct the project in accordance with the specifications, as follows: No. Item Units Qty Unit Price Total Price BASE BID: 1 EROSION CONTROL BLANKET SY 1,031 $2.36 $2,433.16 CATEGORY 4 INSTALLATION 2 EROSION CONTROL BLANKET SY 880 $1.28 $1,126.40 CATEGORY 3 INSTALLATION 3 BIOROLL INSTALLATION LF 120 $9.95 $1,194.00 4 MACHINE SLICED SILT FENCE LF 1,200 $2.79 $3,348.00 INSTALLATION 5 SHADE SEED MIX AC 1.9 $1,918.62 $3,645.38 6 MULCH - TYPE 3 AC 1.5 $1,641.09 $2,461.64 7 BARE ROOT SHRUB PLANTING EA 121 $9.18 $1,110.78 8 MOWING MAINTENANCE EA 2 $578.62 $1,157.24 TOTAL BASE BID $16,476.59 3403148BIDFORMals Page I OP ID DATE (MMIDDIYYYY) ACt 7RD CERTIFICATE OF LIABILITY INSURANCE NATIV -1 10/ 02/03 rRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF.INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Mahowald Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 129 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW St. Cloud MN 56302 Phone: 320 -251 -3751 Fax: 320 - 251 -2373 ' INSURERS AFFORDING COVERAGE I NAIC # INSURED INSURER A: St. Paul Companies INSURER B. Minnesota Native Landscapes, � Inc. INSURER C 14088 NE Highway 95 INSURER D Foley MN 5629 I 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 PAY HAVE BEEN REDUCED BY PAID CLAPAS, LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MMIDDJYY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1$10000 A X COMMERCIAL GENERAL LIABILITY BKO1232306 10/15/02 10/15/03 ' °— PREM occurence) i $ 300000 CLAIMS MADE OCCUR MED EXP (Any one person) 1$10000 PERSONAL & ADV INJURY I $ 1000000 � GENERAL AGGREGATE $- 200 0000_ GEN'L AGGREGATE LIMIT APPLIES PER: --j PRODUCTS - COMP /OP AGG 1$2000000 POLICY PE° LOC A AUTOMOBILE X LIABILITY ANY AUTO BA01232305 I 10/15/02 ( 10/15/03 � COMBI accident} dent) NGLE LIMIT CO $ 1000000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) a i $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1 $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A X OCCUR D CLAIMSMADE _ BK01232306 10/15/02 10/15/03 AGGREG $ 1000000 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE WVA2432699 10/15 /02 10/15/03 TORY LIMITS ER E.L. EACH ACCIDENT $ 500000 E. L. DISEASE - EA EMPLOYE $ 500000 OFFICERtMEMBEREXCLUDED? ff yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 500000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS L7 MflilIN L"1 T17.\ -1"-I "� A• \ \�IN������lill� CI TY119 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Ci r W Hope NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 5500 n In t e rnational Parkway IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR New Hope MN 55428 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gregory G. Hurr CIC AUUKLI ZO (ZOOiiO 6) © ACORD CORPORATION 1988 F� COUNCIL Elm Originating Department Public Works Approved for Agenda i Agenda Section July 26, 2004 ' Consent Item No. 6.11 By: Guy Johnson I B : ' RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR THE SITE RESTORATION OF THE STORM WATER CHANNEL AND UTILITY IMPROVEMENT PROJECT (IMPROVEMENT PROJECT NO. 746) REQUESTED ACTION Staff is recommending that the Council approve Change Order No. 1 to the contract with Minnesota Native Landscape for the restoration of the storm water channel and utility project at the St. Joseph's Church site in the amount of $1,641.52. BACKGROUND At a meeting with area residents last year, staff was requested to protect as many of the trees in the area as possible and to maintain the natural character of the channel. To this end, the layout of the storm water pipe was changed, moving the pipe away from the channel, protecting additional trees, and maintaining the current path of the channel. However, the pipe installation had an impact on the appearance of the channel. The project provided for the cleaning and restoration of the channel through the project area after the pipe installation. While completing the restoration and planting of the storm water channel this year, it became necessary to redo some of the restoration that had been completed last fall. Change Order No. 1 is for redoing some of the restoration work. This work became necessary when the St. Joseph's Church contractor failed to install adequate soil erosion control on the church's project that abuts the storm water channel. FUNDING If the Council approves Change Order No. 1, staff recommends that the city invoice the church in the amount of the change order, $1,641.52. The church does have the option to negotiate retribution from their contractors for not installing or maintaining adequate soil erosion control on their project. Staff has discussed the issue with church representatives and sent a copy of Minnesota Native Landscape's invoice for the additional work. ATTACHMENTS Copies of the engineer's memorandum, Change Order No. 1, Minnesota Native Landscape's invoice, and the resolution are attached. MOTION BY TO IRF 46 Chancre Order No 1 SECOND BY RESOLUTION NO. 04 -135 RESOLUTION APPROVING CHANGE ORDER NO. 1 ST. JOSEPH'S CHANNEL AND SITE RESTORATION (New Hope Public Improvement Project No. 746) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, Minnesota Native Landscape (hereafter Contractor) has a contract for landscape restoration of the storm water channel in connection with New Hope Public Improvement Project No. 746, and WHEREAS, part of Contractor's work needs to be redone resulting from a failure to provide for adequate soil erosion control by St. Joseph Church's contractor during its work on the Church's property abutting the channel, and WHEREAS, the cost to redo the necessary work is $1,641.52 as indicated on the City Engineer's July 19, 2004 memo, and WHEREAS, The Church of St. Joseph should reimburse the City for the cost of this change order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofNew Hope as follows: 1. That Change Order No. 1 in the amount of $1,641.52 relating to Minnesota Native Landscape's contract for New Hope Public Improvement Project 746 is hereby approved. 2. That the City Manager and/or the Public Works Director or their designees are directed to take all necessary action to require the Church of St Joseph to reimburse the City for the cost of Change Order No. 1 resulting from their contractors failure to install adequate soil erosion controls on the Church's abutting property that necessitated the need for this change order. Dated the 26 day of July, 2004. Attest: / 6 u" 1 Valerie Leone, City Clerk D n ollier, Mayor P. ATTORNEY,CNH RESOLUTIONS \CNH99 - 10030 - 001 -RESO APPROVING CO NO. 1 PRO7 746.DOC —1— Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action[Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. - Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. - Robert G. Schunicht, P.E. - Jerry A. Bourdon, P.E. - Mark A. Hanson, P.E. Senior Consultants: Robert W. Rosene, P.E. - Joseph C. Anderlik, P.E. - Richard E. Turner, P.E. • Susan M. Ebedin, C.P.A. Associate Principals: Keith A. Gordon, P.E. - Robert R. Pfelferle, P.E. - Richard W. Foster, P.E. • David O. Loskota, P.E. - Michael T. Rautmann, P.E. - Ted K. Field, P.E. - Kenneth P. Anderson, P.E. - Mark R. Rolfs, P.E. - David A. Bonestroo, M.B.A. - Sidney P. Williamson, P.E., L.S. - Agnes M. Ring, M.B.A. - Allan Rick Schmidt, P.E. - Thomas W. Peterson, P.E. - James R. Maland, P.E. • Miles B. Jensen, P.E. - L. Phillip Gravel 111, P.E. - Daniel J. Edgerton, P.E. - Ismael Martinez, P.E. - Thomas A. Syfko, P.E. - Sheldon J. Johnson - Dale A. Grove, P.E. - Thomas A. Roushar, P.E. - Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN - Milwaukee, WI - Chicago, IL Website: www.bonestroo.com July 19, 2004 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: St. Joseph's Channel and Site Restoration, City Project No. 746 Change Order 91 BRAA # 34 -03 -148 Dear Guy: Due to a space and timing conflict between the city work and the private work on the St. Joseph's property, a delay was encountered in completing the city project. During this delay, a portion of the restoration work that was done last year was damaged due to the lack of erosion control by St. Joseph's contractor. The contractor for the city project came in, after the site was cleaned up by St. Joseph's contractor, and completed the work. The completion of this work included the repair of the damaged portion of the channel. The work involved in this repair was documented by the city's contractor and gives an additional cost of $1,641.52. It is recommended that the City Council approve the enclosed Change Order #1 for the amount $1,641.52. Because the work required was due to St. Joseph's contractor, the cost for this change order should be the responsibility of St. Joseph's. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Jason Quisberg Enclosure 2335 West Highway 36 • St. Paul, MN 55113 . 651 -636 -4600 • Fax: 651- 636 -1311 14088 Highway 95 NE Foley, Minnesota 56329 CUSTOMER NAME City of New Hope Attn: Tom Schuster 5500 International Parkway New Hope, MN 55428 BILLING DATE INVOICE # 7/14/2004 1339 TERMS DUE DATE Net 30 8/5/2004 VENDOR # P.O. NO. QTY ITEM DESCRIPTION UNIT PRICE EXTENTION CHANGE ORDER FOR CHURCH CONTRACTOR for work that was re -done due to contractor disturbance. 1 Project Installation Mobilization 500.00 500.00 300 Eros. Blanket Install Erosion control blanket, category 4 install 2.36 708.00 32 Bioroll Bioroll installation 9.95 318.40 0.06 Seeding Shade seed mix 1,918.62 115.12 6.50% 0.00 Thank you for your business. Total $1,641.52 Any amount unpaid beyond 30 days, will incur a 1.5% per month finance charge. 320 - 968 -4222 • Fax # 320 - 9684223 • www.mnnativelandscapes.com • amy @mnnativelandscapes.com Using native seed & plants to create ecologically sound landscapes— August 6, 2004 Minnesota Native Landscape 14088 Hwy. 95 NE Foley, MN 56329 Subject: Change Order No. 1 — Project No. 746 (St. Joseph's Channel and Site Restoration) Enclosed for your records are two fully executed copies for the above - referenced Change Order. Please forward one copy to your bonding company. The change order amount was $1,641.52. This change order was approved by the New Hope City Council at its meeting of July 26, 2004. Sincerely, I k- �t Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA 4401 Xylon Avenue North • New Hope, Minnesota 55428 -4898 e 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