Loading...
IP #886For the full report on City Council agenda pa ckets I 0 0 M Planning Commission agenda packets, PROJECT NO. 886 Cleaning Northwood wetland Item 8.4 11/8/10 Motion authorizing preparation of plans and specifications for the proposed cleaning of the Northwood wetland (improvement project 886) Res. 2010 -163 11/22/10 Resolution approving plans and specifications, and authorizing the solicitation of bids for cleaning of the Northwood wetland (improvement project no. 886) Res. 10 -169 12/13/10 Resolution awarding a contract to Sunram Construction, Inc. for $82,995 for cleaning the Northwood wetland (improvement project 886) Res. 211 -123 9/12/11 Resolution accepting the Northwood wetland cleaning project and approve the final payment request (improvement project 886) COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works December 13, 201 DeveloEment & Planning Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 8.2 Resolution awarding a contract to Sunram Construction, Inc. in the amount of $82,995 for cleaning the Northwood wetland (improvement project 886) Requested Action Staff recommends Council approve a resolution awarding a contract to Sunram Construction, Inc. in the amount of $82,995 for cleaning the Northwood wetland and channel restoration within the wetland. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background Over the years the storm water flow through the wetland area has become restricted due to vegetation and sediment. The very west portion of the wetland was partially cleaned out and a channel defined in 1997, in conjunction with improvements to Northwood Park and a change in the routing of the creek through the park. After a rain event in August of this year, the city had a contractor remove a portion of the buildup of filamentous algae and vegetation on the very west end of the wetland. This summer, staff noticed that the restrictions in the wetland are beginning to impact Northwood Lake's elevation for a much longer period, even after normal rain events. The concern is that, with multiple rain events over one or two weeks, we could possibly see property damage and erosion around Northwood Lake. Staff believes the proposed project would alleviate the impact to Northwood Lake after rain events and recommends the cleaning project for the winter of 2010/2011. Council authorized the preparation of plans and specifications at its November 8, 2010, meeting. Council approved the plans and specifications, and authorized soliciting quotes for the project at its November 22 meeting. The city received five bids on December 9 and the bid submitted by Sunram Construction, Inc. was identified as the lowest responsible bid. Second by or�..-CC,(-� To: J:\RFA\PUl3VV0RKS\2010\886 Northwood Wetland Cleaning Award Contract.doc Request for Action December 1.3, 2010 Page 2 Funding The engineer's construction cost estimate is $85,000 for the project. Funding for the project would initially be from the city's storm water fund. The city would be able to reimburse the storm water fund with the city's portion of future Bassett Creek Watershed Management Commission's channel maintenance funds. Attachments The engineer's memorandum, a copy of the resolution, and a copy of the bid tab are attached. I: \RFA \PUBWORKS \2010 \886 Northwood Wetland Cleaning Award Contract.doc City of New Hope Resolution No. 10- 169 Resolution awarding a contract to Sunram Construction, Inc. in the amount of $82,995 for cleaning the Northwood wetland (improvement project 886) WHEREAS, the city requires the assistance of a contractor for improvements to the Northwood wetland including vegetation and sediment removal and restoration of the wetland channel; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the city has accepted bids for work described in the plans and specifications and has identified the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: That the contract for cleaning the Northwood wetland and channel restoration within the Northwood improvement project is awarded to Sunram Construction, Inc., in the amount of $82,995. That a contract between the city of New Hope and Sunram Construction, Inc. is approved, and 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 December, 2010. 1� Mayor Attest: City Clerk 2335 Highvmy 36 w St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651 -636 -1311 vvviv cc) m December 7, 2010 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: Northwood Wetland Cleaning Project City Project No. No. 886 Project No. 000034 - 10230 -0 Bid Results Dear Honorable Mayor and City Council: E=1 Bids were received for the Project stated above on Tuesday, December 7, 2010, Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 5 Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Sunram Construction, Inc. with a Total Base Bid Amount of $82,995.00. This compares to the Engineer's Estimate of $85,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Sunram Construction, Inc. should be awarded the Project on the Total Base Bid Amount of $82,995.00. Should you have any questions, please feel free to contact me at (651) 967 -4629 or Jason Quisberg at (651) 604 -4938. Sincerely, BONESTROO Katie Warner, P.E. Enclosure St. Paul St, Cluucl Rochester Milwaukee Chicago Contractor Total Base Bid Low Sunram Construction, Inc. $82,995.00 #2 Veit & Company, Inc. $86,620.00 #3 Doboszenski & Sons, Inc. $90,00150 #4 Rachel Contracting, LLC $98,924.00 #5 Dave Perkins Contracting, Inc. $99,825.00 The low Bidder on the Project was Sunram Construction, Inc. with a Total Base Bid Amount of $82,995.00. This compares to the Engineer's Estimate of $85,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Sunram Construction, Inc. should be awarded the Project on the Total Base Bid Amount of $82,995.00. Should you have any questions, please feel free to contact me at (651) 967 -4629 or Jason Quisberg at (651) 604 -4938. Sincerely, BONESTROO Katie Warner, P.E. Enclosure St. Paul St, Cluucl Rochester Milwaukee Chicago 2L 0 O O z O 0 0 t 0 z C5 E t 0) p co 11 ,n V M z m w C 0 O z O 0 0 r m E 0 C ; z E a W z 2 LG fL :L NNY >.uu I z C)'< < V z zz E > 52 z 0 Z < co 0 �D XO z U < Z to 0 02:0 0 0 zuu— E E 0 C� < 0 E 0 O 00000000 0 q 0 q 0 0 q 0 0 n U ' 9 Z 00-0000 u W 6 6 of L'i 1: 6 6 z2 65--o . , S �q t5 r Q,N > O Z Lr� C6 rn ! o cn Z (v 6 � 06 -4 00 o m ti V VR z= z L jN N :� t oj o m d z jq LQ i D 01 c� "i � O 00 6 � o o LQ V vv Z o r o o 8 'y o 6 V 6 0 6 O rn o q o t5 V> W c M > ift c O O r� 0 > z o E r C O , = � � 2 o 8 w Ln " c z :L NNY >.uu I z C)'< < V z zz E > 52 z 0 Z < co 0 �D XO z U < Z to 0 02:0 0 0 zuu— E E 0 C� < 0 E 0 O � \. C"'Y' \�e January 7, 2011 Mr. Lee Sunram Sunram Construction, Inc. 20010 75�h Avenue North Corcoran, MN 55340 SUBJECT: Northwood Wetland - Project No. 886 At its meeting of December 13, 2010, the New Hope City Council approved the contract with your company for project no. 886 for $82,995. Enclosed please find two contract documents. Please submit one to your bonding company. 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 per Minnesota Statute 290.97). Please contact Jason Quisberg at Bonestroo at 651- 604 -4938 if you have any questions regarding the project. Sincerely, L� Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Guy Johnson, director of public works Jason Quisberg, city engineer 4401 Xylon Avenue North e New Hope, Minnesota 55428 -4898 . www. ci.new- hope.mn.us City Hall: 763- 531 -5100 e 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 o Public Works Fax: 763- 592 -6776 CITY OF NEW HOPE CONTRACT FOR NORTHWOOD WETLAND CLEANING Bonestroo Project No: 000034- 10230 -0 City Project No: 886 For valuable consideration as set forth below, this Contract dated the /3 day of ec.- , 2010, is made and signed by the City ofNew Hope, a Minnesota municipal corporation (hereinafter "City ") and Sunram Construction Inc (hereinafter "Contractor "). CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract, the November 2010 Plans and Specifications prepared by Bonestroo, the Northwood Wetland Cleaning site figures and the Request for Proposal, all of which are incorporated hereby by this reference for the wetland cleaning improvements at the Northwood Wetland area. This Contract, the Request for Proposal, the attached plans and the November 2010 Plans and Specifications shall comprise 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 contract documents and shall include the entire completed construction to be furnished under this Contract. As part of the Work, the Contractor agrees to remove all excess material from the project site. CONTRACT PRICE The City agrees to pay Contractor the total amount of the contract, determined by the sum of the verified quantities completed for each bid term multiplied by the appropriate Bid Unit Prices, payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. The agreed upon unit prices are set out in Section 00 05 00 Quote Form. The estimated cost for the completed work is $82,995.00 However, the final cost may be more or less than the estimate based on quantities of materials used. The work included in this project can not begin until approval of this contract is received and the notice to proceed is given by the Engineer. —1— 4. COMPLETION DATE/LIOUIDATED DAMAGES All work under this Contract shall be completed by May 20, 2011 (hereinafter "Completion Date "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date of May 20, 2011 the Contractor shall pay the City $100.00 per day as liquidated damages. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of 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 This certificate must provide for the above coverage's 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 streets or rights -of -way 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 Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in a form as 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 requirements of clauses (A) and (B) above, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. IPA 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. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of givin notices and any other purpose under this Contract shall be {pp / 0 ')5 t I ,rfi /` U -�A 1 } 3 q0 The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By:c It ayor By: Its City Manager —3— STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN A5 The foregoing was acknowledged before me this day of 2010, by Kathi Heniken and Kirk McDonald, the Mayor and City Manager, respectively, ofthe City ofNew Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Notary Public C' L010A � Contractor Its: _5,A .o LION Its: The foregoing instrument was acknowledged before me this I'l dayof 126CEMP- ER- 201 by I- E t < 30 WR rAf _, the P R i i) E�J I respectively, of Se_ NaNm ION a Minnesota corporation, on behalf ofsaid corporation. s - -ILL Notary Public ANNETTE SHIERTS NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2015 t A m AAA A A AAA A okAAAA&NNAAAAAAA#VAAAA0V 0 M THE AMERICAN INSTITUTE OF ARCHITECTS �11k 11filil, I O KI, Premium Amount Based on Final Contract Amount Bond No. GRMN32122A AIA Document A312 • i • •r Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SUNRAM CONSTRUCTION, INC. 20010 - 75th Ave. No. Hamel, MN 55340 OWNER (Name and Address): City Of New Hope 4401 Xylon Ave No. Minneapolis, MN 55428 -4898 CONSTRUCTION CONTRACT Date: 12/20/2010 Amount: $82,995.00 Description (Name and Location): Donestroo Project No: 000034 - 10230 -0 - City Project No SURETY (Name and Principal Place of Business): Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 886 - Northwood Wetland Cleaning, New Hope, Minnesota BOND Date (Not earlier than Construction Contract Date): 12/21/2010 Amount: $82,995.00 (EIGHTY TWO THOUSAND NINE HUNDRED NINETY FIVE AND 00 1100) Modifications to this Bond: [X] None L] See Page 3 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) COMPANY: (Corporate Seal) SUNRAM CONSTRUCTION, INC. Granite Re, Inc. „ - - - - 1 Signature: V �r t Signature Name and Title: lI,_ Name and Title' Jonathan Pate, Attorney -in -Fact (Any additional signatures appear on page 3) FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): Pate Bonding, Inc. Bonestroo, Inc. 1276 South Robert Street 2335 West Hwy. 36 West St. Paul, MN 55118 St. Paul, MN 55113 (651)457 -6842 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312 -1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 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 rights 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 determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 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 written 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 liability, 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 of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by 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 Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 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- perfor- 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 any 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 years after the Contractor ceased working or within two years 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 available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA 0 A 312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 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 here from 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 BOND ARE AS FOLLOWS: None 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 PRINCIPA SURETY Company: Qi� it ND ra Company: (Corporate Seal) (Corporate Seal) Signature: cap G-) W' V"I Signature: Name and Title: ; ,�� o r- Name and Title: Address: ( y 3 yp y Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D., AIA ® A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 Bond No. GRMN32122A AIA Document A312 • • Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SUNRAM CONSTRUCTION, INC. 20010 - 75th Ave. No. Hamel, MN 55340 SURETY (Name and Principal Place of Business): Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 OWNER (Name and Address): City Of New Hope 4401 Xylon Ave No. Minneapolis, MN 55428 -4898 CONSTRUCTION CONTRACT Date: 12/20/2010 Amount: $82,995.00 Description (Name and Location): Bonestroo Project No: 000034 - 10230 -0 - City Project No. 886 - Northwood Wetland Cleaning, New Hope, Minnesota BOND Date (Not earlier than Construction Contract Date): 12121/2010 Amount: $82,995.00 (EIGHTY TWO THOUSAND NINE HUNDRED NINETY FIVE AND 00/100) Modifications to this Bond: [ ] None [X] See Page 6 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) SUNRAM CONSTRUCTION, INC. Signature: �Q ' Name and Title: U� A_�� SonvTrn : SURETY COMPANY: (Corporate Seal) Granite Re, Inc. Signature: Name and Ti Tonaffiad Pate, Attorney -in -Fact (Any additional signatures appear on page 6) FOR INFORMATION ONLY -Name, Address and Telephone AGENT OR BROKER: Pate Bonding, Inc. 1276 South Robert Street West St. Paul MN 55118 (651)457 -6842 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Bonestroo, Inc. 2335 West Hwy. 36 St. Paul, MN 55113 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 THIRD PRINTING - MARCH 1987 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. 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 addres 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 sufficient 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 Pay or 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 here from and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® A312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 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 or with 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. Paragraph 6 of the Bond is deleted in its entirety and replaced with the following provision: Within a reasonable time (1) after the claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: rN Y Company: (Corporate Seal) (Corporate Seal) Signature: � , ,I . 1� " ;\ Signature: Name and Title: � � V - ; , s Name and Title: Address: � a � Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA® A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 State of County of On this day of r in the year before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of ) County of ) On this day of in the year before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public 1711 7��� State of // 1'1e' �Gx ) County of On this 411:�- day of /c:rt''r' in the year /? before me personally come(s) to me known, who, being duly sworn, deposes and says that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ��'=:� ANDREW EARL BENNARDUS Notary Public Y — Minnesota otary Public My ommission Expires Janua 31, 2013 ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 21st day of December in the year 2010, before me personally come(s) Jonathan Pate Attorney(s) -in -Fact of Granite Re. Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s) -in -Fact of Granite Re. Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; a d that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that h signed said instrume t as A ney(s) -in -Fact of the said company by like order. / I--- WANDA LEE IRAN' Notary .. fi 4p PUBLIC MINNESOTA ful4 �omrnrs'Jor� Expsfes Jan. 31, 2015 IAi..-.® CERTIFICATE OF LIABILITY INSURANCE �-^'"� DATE (MM /DD 12/20/20 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CONT M i c hele Mill CI PHONE Ex : (651) 227 -8405 I A Not tes> >z27 Bearence Management Group Post Office Box 64016 E -MAIL A DDRESS: mmiller @bearence.com LIMITS PRODUCER 0000 Sl$T.OLEIID-- INSURER(S)AFFOR NAIC Saint Paul MN 55164 INSURED INSURER A: Tra Inde C of 25666__ INSURER B:Cha_r Oak Fire Insurance 5615 DAMAGE TO RENTED PREMISES Ea occurrence) Sunram Construction Inc 20010 75th Avenue North _ INSURER C:Travelers Indem Company 565 INSURERD:The Builders Group of MN $ 2,000 ,000 INSURER E X Contract Corcoran MN 55340 -9459 INSURER F: COVERAGES CERTIFICATE NUMBER :10.11 All Line NF RFVISInN NI IMRFR: THIS IS TO CERTIFY THAT 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, EXCL AND CONDITIONS OF SUCH POLICIES. LIMI SHOWN M A Y HAVE B EEN REDUCED BY PAID CLAIMS. INSRT LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMlDD/YYYY POLICY EXP MM /DDlYYYY LIMITS A GENERAL LIABILITY X_j_ COMMERCIAL GENERAL LIABILITY - -- CLAIMS -MADE X j OCCUR ! � �0- 0351L370- TIA -10 1 4/1/2010 !4/1/2011 EACH OCCURR I s 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence) $ 300, 000 MED EXP (Any one person) $_ 5,00 PERSONAL & ADV INJURY $ 2,000 ,000 X Contract X,C,U - - — A , GEN E R AL AGGREGA �$ - GENT AGGREGATE LIMIT APPLIES PER: PRO - POLICY FX] T LOC [ PR ODU - CO MP /OP AGG -- - - _ - $ 4 , 0 00, 0 00 -- - is j I B AUTOMOBILE X X_1 LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS � i 61 00351L370- COF -10 ( I I 4/1/2010 I � /1/2011 1 COMBINED SINGLE LIMIT (Ea acciden BODILY INJURY (Per person) BODILY INJURY (Per accident) � - - $ 1 , 000 , 000 $ $ -- - - - - -- PROPERTY DAMAGE (Per accident) $ HIRED AUTOS I X NON -OWNED AUTOS i PIP -Basic $ Uninsured motorist BI- single $ X UMBRELLA LIAB X OCCUR EAC OCCURRENCE Is 5,000 C X I EXCESS LIAB _ CLAIMS -MADE DEDUCTIBLE RETENTION $ 10,000 UP03SIL370- IND -10 /1/2010 4/1/2011 AGGREGATE 1$ 5,000,000 - $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? El (Mandatory in NH) If yes, describe under NIA,. I 07 -0465 4/1/2010 /1/2011 WC STATU- OTH- X_ TORY�MIT4 E.L. EACH AC CIDENT _.._._ _ _ $ 2 l OOO 000 E.L DISEASE - E AEMPLOYE $ 2,00 000 E.L. DISEASE - POLICY LIMIT ' - $ 2,000,000 DESCRIPTION OF OPERATIONS below I A Contractor Equipment I QT- 660 - 28720970- TIL -10 /1/2010 4/1/2011 Scheduled Equipment 638,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Northwood Wetland Cleaning. The City of New Hope is named as Additional Insured in regard to the General Liability Form CGD246 & CGD316 where required by written contract on a primary and non contributory basis including completed operations. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Miller, CISR /MILLER - 'A rit.vmu ca tcuua/uu) V 1958 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD A`C'QR" CERT L I AB ILIT Y I NSURANCE ®a.® DATE (MM /DDNYYY) 3/31/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) must be endorsed. 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 endorsements). PRODUCER Bearence Management Group Post Office Box 64016 Paul MN 55164 CO N TA CT E: Michele Miller, CISR NA A /C Ext: (651)227 -H4O5 A/C No; (651)227 -0507 ADDRESS: mmiller @bearence.com PRODUCER .00002340 CUSTOM E 10 00002340 INSURERS AFFORDING COVERAGE NAIC # INSURED Sunram Construction Inc 20010 75th Avenue North Corcoran MN 55340 -9459 INSURERA:Travelers Indemnity C c of 2 5666 INSURERB:Charter Oak Fire Insurance 25615 INSURERC:Travelers Indemnity Company 5658 INSURERD:The Builders Group of MN $ 300,000 INSURER E: $ 5,000 INSURER F: $ 2,000,000 COVERAGES CERTIFICATE NUMBER:CL1133109692 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL '.I SUBR POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD /YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR X Contractual O- 03511,370- COF -11 /1/2011 /1/2012 EACH OCCURRENCE $ 2,0 DAMAGE PREM SES oocur ence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 X X,C,U GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JP LOC PRODUCTS - COMP /OP AGG $ 4,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 8100351L370 COF - 11 /1/2011 /1/ 2012 COMBINED SINGLE LIMIT (Ea accide $ 1,000,000 X BODILY INJURY (Per person) $ - __...._. - ,. BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X PIP -Basic $ Uninsured motorist BI- single $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UP03511,370 IND - 11 /1/2011 /1/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ 10,000 $ X $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �, / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? FYI (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 08 - 0465 /1/2011 /1/2012 WC STATU OTH- X .S4gY_1 E.L. EACH ACCIDENT $ 2 E.L. DISEASE - EA EMPLOYE $ 2,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 2, 000,000 A Contractor Equipment T6602872C970 -TILll /1/2011 /1/2012 Scheduled Equipment Limit 617,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Northwood Wetland Cleaning. The City of New Hope is named as Additio a l Insured in regard to the General Liability Form CGD246 & CGD316 where required by written contract on a primary and non contributory basis including completed operations. CERTIFICATE HOLDER CANCELLATION City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Miller, CISR /MILLER ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 12, 2011 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.8 Resolution to accept the Northwood wetland cleaning project and approve the final payment request (improvement project 886) Requested Action Staff recommends that Council approve a resolution to accept the cleaning of the Northwood wetland and channel restoration within the wetland, and authorize final payment to Sunram Construction Inc. in the amount of $2,497.12. Policy /Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. Background Over the years the storm water flow through the wetland area had become restricted due to vegetation and sediment. The very west portion of the wetland was partially cleaned out and a channel defined in 1997, in conjunction with improvements to Northwood Park and a change in the routing of the creek through the park. After a rain event in August of 2010, the city had a contractor remove a portion of the buildup of filamentous algae and vegetation on the very west end of the wetland. Last summer, staff noticed that the restrictions in the wetland were beginning to impact Northwood Lake's elevation for a much longer period, even after normal rain events. The concern is that, with multiple rain events over one or two weeks, we could possibly see property damage and erosion around Northwood Lake. Council authorized the preparation of plans and specifications at its November 8, 2010, meeting. Council approved the plans and specifications, and authorized soliciting quotes for the project at its November 22 meeting. The city received five bids and the Council awarded a contract for cleaning the Northwood wetland to Sunram Construction Inc. on December 13, 2010. Motion by Second by To: L \ RFA \ PUBWORKS \ 2011 \ 886 Northwood Wetland Cleaning Final.doc Request for Action September 12, 2011 Page 2 Funding The engineer's preliminary construction cost estimate was $85,000. Sunram Construction Inc.'s original bid for the project was $82,995. Because the actual quantity of sediment and vegetation that was necessary to remove was less than the specification's removal estimate, the final amount earned by Sunram Construction Inc. was $47,257.75. Funding for the project was from the city's storm water fund. Some funding is also available to reimburse the storm water fund from the city's portion of future Bassett Creek Watershed Management Commission's channel maintenance funds over an extended period of time. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final invoice. l:\RFA\PUl3WORKS\20ll\886 Northwood Wetland Cleaning Final.doc City of New Hope Resolution No. 11 - 123 Resolution to accept the Northwood wetland cleaning project and approve the final payment request (improvement project 886) WHEREAS, the city has entered into a contract with Sunram Construction Inc. for cleaning the Northwood wetland located in Northwood Park west of Winnetka Avenue North; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 886 and approve final payment to Sunram Construction Inc. in the amount of $2,497.12; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Sunram Construction Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: That the City Council accepts the Northwood east sediment pond project from Sunram Construction Inc. 1. That the city manager is hereby directed to authorize the final payment of $2,497.12 to Sunram Construction Inc., subject to submittal of the required IC -134 forms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of September, 2011. 4JU41-1 Mayor t� rl Attest: City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com September 2, 2011 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Northwood Wetland Cleaning — Final Payment Client Project No.: 886 Bonestroo File No.: 000034 - 10230 -0 Dear Guy: W : I ^ I I All work under the Northwood Wetland Cleaning project contract has been completed and accepted. The contractor, Sunram Construction, has requested final payment in the amount of $2,497.12. The original contract was for $82,995.00. The requested final payment brings the total construction costs to $47,257.75, or $35,737.25 (43 %) less than the original contract amount. The savings was due to significantly less material needing to be hauled off site to accomplish the desired results; the project objectives were met. We recommend approval of the final payment to Sunram Construction in the amount of $2,497.12 for the Northwood Wetland Cleaning Project. A copy of the final info is attached. The IC -134 documents were previously submitted and should be on file at City Hall. Sincerely, BONESTROO Mark . Hanson, PE 651.604.4838 Enclosure: Invoice #9132870REV BILLED TO: CITY OF NEW HOPE INVOICE #9132870REV 4401 XYLON AVENUE NORTH DATE 0812912011 MINNEAPOLIS MN 55428-4898 ATTN: KEVIN MATTSON BONESTROO PROJECT: 000034-10230-0 NORTHWOOD WETLAND CLEANING CITY MAINTENANCE PROJECT: 886 FINAL INVOICE FOR WORK COMPLETED: 1. MOBILIZATION LUMP SUM $3,500.00 2. CLEAR AND GRUB LUMP SUM - $11,900.00 3. COMMON EXCAVATION 2075 CY @ $14.13 = $29,319.75 5. EROSION CONTROL BLANKET 940 SY @ $2.70 = $2,538.00 SUB-TOTAL $47,267.75 LESS PAYMENTS -$44,760.63 RETAINAGE DUE $2,497.12 PLEASE REMIT TO: SUNRAM CONSTRUCTION INC 20010 75TH AVENUE NORTH CORCORAN MN 55340 T �I* QK i t a Z e ti i K Page I of I MINNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation SUNRAM CONSTRUCTION INC ID 1870470 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment Confirmation number 401336 Thu Sep 08 13:09:33 CDT 2.011 Project owner CITY OF NEW HOPE Project number (886 Project begin date January 2011 Project end date August 2011 Project location NORTHWOOD WETLAND CLEANING NEW HOPE MN Subcontractors No subcontractors listed. https://www.mndor.state.nm.us/we/action/confinnationPrint 9/8/2011