IP #994 Letter to Sunram re concrete sidewalk . ■ ° 1 \:I S 0 N WOODS
L L 85255 EDINBROOK CROSSING,STE.201
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PERSELLIN' ODDS BROOKLYN PARK,MINNESOTA 55443-1968
TELEPHONE(763)424-8811 • TELEFAX(763)493-5193
■ P.A., ATTORNEYS AT LAW www.jspwlaw.com
Writer's Direct Dial No.:(763)201-0265
e-mail saw@jspwlaw.com
April 6, 2020
Attn: Ryan Sunram
Sunram Construction,Inc. Via Certified Mail and E-Mail
20010 75th Avenue North
GORDON L.JENSEN' Corcoran, Mn 55340-9459
MELANIE P.PERSELLW ryan@sunramconstructioninc.com
STEVEN A.SONDRALL
STACY A.WOODS'
Re: New Hope Civic Center Park—Park Amenities,Parking Lot
City Project Nos. 941 and 994
Stantec File No. 193804337
Our File No.: 99.11433
Notice of Defective Work under the Contract Documents
Dear Mr. Sunram:
I am contacting you regarding issues involving the concrete installed at the New Hope
City Hall. This letter serves as written notice of defective Work under Article 13 of the
Contract Documents. The city is in the process of closing out their contract with the
City Hall contractor. Therefore,it is timely to address several aspects of the concrete
work on the sidewalks in front of New Hope City Hall that are defective and
unacceptable. The city of New Hope ("city") and city engineer are rejecting the
defective Work pursuant to Article 13 of the Contract Documents. The city engineer
has already discussed these issues with you in detail. To summarize,these defects are as
follows.
The current concrete issues involve the following:
Police Entrance
Issue 1 - This entrance was poured late in the season. To protect the concrete,
insulated blankets were used. Portions of the blankets touched the concrete leaving a
discoloration in the surface (sometimes referred to as"leopard spotting").
Issue 2 — Heated walk sensor placed in the center of the concrete entrance was
damaged during construction and does not work properly. A new sensor could be
placed adjacent to the police entrance to control the heated walk. However, if the
Real Property Law discoloration is not resolved to the city's satisfaction, the city would prefer the
Specialist Certified By heated walk be removed and replaced. In that situation, the sensor in its original
The Minnesota State
Bar Association location could be properly repaired.
2Licensed in
Illinois/Colorado
'Qualified Neutral Mediator
under Rule 114 Issue 3 —Pop-outs at the Police entrance.
Page 2
City Hall Entrance
Issue 1 — The contractor poured the colored diamond section of the heated entrance
walk right next to the impact bollard last fall. Looking at the area this spring, there
are pop-outs showing in that panel. In looking at the other larger areas, there may be
one or two locations, but not as many as seen on the impact bollard section of
concrete.
The purpose of this letter is to put you on notice that the city and city engineer are not
accepting this concrete work in its current condition. Sunram must correct this defective
work and provide a concrete sidewalk with an acceptable appearance which properly
functions pursuant to the Contract Documents. The city reserves all rights to assert a claim
or utilize the Performance Bond if these defects are not corrected in an acceptable and
timely manner by Sunram.
Relevant provisions in the Contract Documents are as follows:
¶6.19: Contractor warrants and guarantees to Owner that all Work will be in accordance
with the Contract Documents and will not be defective.
Supplementary Conditions -¶9.03 C. 8 a and b. Review of Work and Rejection of Defective
Work
¶9.05: Rejecting Defective Work: Engineer will have authority to reject Work which
Engineer believes to be defective, or that Engineer believes will not produce a completed
Project that conforms to the Contract Documents or that will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
119.08: Engineer will be the initial interpreter of the requirements of the Contract
Documents and judge of the acceptability the Work thereunder.
¶ 13.01: Prompt notice of all defective Work of which Owner or Engineer has actual
knowledge will be given to Contractor.
¶ 13.06 A: Promptly after receipt of written notice, Contractor shall correct all defective
Work,whether or not fabricated, installed, or completed, or, if the Work has been rejected
by Engineer,remove it from the Project and replace it with Work that is not defective.
¶ 13.06 B: When correcting defective Work under the terms of this Paragraph 13.06 or
Paragraph 13.07, Contractor shall take no action that would void or otherwise impair
Owner's special warranty and guarantee, if any, on said Work.
Section 32 13 14 Concrete Walks, Medians, and Driveways
Page 2
¶3.01 H. The completed concrete work shall give the appearance of uniformity in surface
contour and texture, and shall be accurately constructed to line and grade. The required
joints, edges, and flow lines shall show neat workmanship.
¶3.06 A. 3. Unacceptable Work shall be removed and replaced with acceptable Work as
directed by the Engineer.
Thank you for your prompt attention to correcting this defective concrete Work.
Sincerely,
. 0 usrt,
Stacy A. Wo e ds, Assistant City Attorney,
City of New Hope
cc: Steven A. Sondrall, City Attorney
Kirk McDonald, City Manager
Bernie Weber,Public Works Director
Dan Boyum, City Engineer
Susan Rader, Parks and Recreation Director
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11433 Pool and Civic Center Park Contracts\Letter to Sunram Construction,Inc.
regarding reserving rights.docx