07-008
CITY OF SHOREWOOD
RESOLUTION NO 07-Qilli
A RESOLUTION ACCEPTING FINAL IMPROVEMENTS AND AUTHORIZING
FINAL PAYMENT FOR THE COUNTY ROAD 19 INTERSECTION
RECONSTRUCTION PROJECT, S.A.P. 216-101-02; S.A.P. 27-619-18
WHEREAS, on November 22, 2004, the City of Shorewood entered into a contract
for construction with Eureka Construction, Inc. for the County Road 19 Intersection
Improvement Project, S.A.P. 27-619-18; and,
WHEREAS, additional work has been completed by Eureka Construction Inc. in
accordance with Supplemental Agreement 8, Attached hereto as Exhibit A; and
WHEREAS, the Contractor has petitioned for final acceptance of the project and
final payment based on work performed to date; and,
WHEREAS, the Project Manager has made a final inspection of the project and
recommends acceptance and final payment be made by the City.
NOW, THEREFORE BE IT RESOLVED:
1. Supplemental Agreement 8, as proposed and shown in Exhibit A to this document,
is hereby approved.
2. The City hereby does accept the work completed pursuant to said contract and
authorizes final payment to the Contractor, and the two-year guarantee shall
commence as of the date of this resolution, subject to the following items:
a. The Contractor furnish the City a two-year maintenance bond pursuant to
the contract.
b. The Contractor must make satisfactory showing that he has complied with
the provisions of Minnesota Statutes 290.92 requiring withholding of State
Income Tax.
c. Evidence in the form of an affidavit that all claims against the Contractor
by reasons of the contract have been fully paid or satisfactorily secured.
ADOPTED by the City Council of the City of Shorewood this 22nd day of
January, 2007.
Christine Lizee, Mayor
ATTEST:
. awson, City Administrator/Clerk
SUPPLEMENTAL AGREEMENT
HENNEPIN COUNTY
TRANSPORTATION DEPARTMENT
CONSTRUCTION DIVISION
SUPPLEMENTAL AGREEMENT NO. 08
CONTRACT NO. 9821
COUNTY PROJECT NO. 9821
S.A.P. 27-619-18
COUNTYSTATEAIDIDGHWAY 19
LOCATION: On CSAH 19 in Shorewood & Tonka Bay
CLASS OF WORK: Grading, Surfacing, Storm Sewer,
Sanitary Sewer, Watermain, Signal, Signing, and
Appurtenant Work.
CONTRACTOR: Eureka Construction Inc.
8500 210th St. W.
Suite 130
Lakeville, MN 55044
This contract is amended as follows:
WHEREAS: This contract provides for, among other things, grading, surfacing, storm sewer, sanitary
sewer, watermain, signal system, signing, and appurtenant work, and
WHEREAS: The Contractor has filed certain claims relating to work preformed under the Contract; and
WHEREAS: The Engineer has reviewed these claims and determined that some of the claims asserted
by the Contractor are valid; and
WHEREAS: Hennepin County and the Contractor have reached an agreement to fully and completely
settle all claims that have been or could have been brought by the Contractor on this
project.
NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
1. This Supplemental Agreement constitutes a full and final settlement of all claims for additional
compensation that the Contractor submitted, could have submitted or might otherwise hereafter
submit in any form whatsoever, not only for itself but also on behalf of any subcontractor or supplier.
2. The Contractor releases and covenants not to sue Hennepin County, or any of its representatives,
based on any claims, demands. Charges, suits and action that the Contractor and its suppliers may
now or in the future have against Hennepin County, or any of its representatives, whether known or
unknown, for damage losses, charges, expenses, delays, or compensation of whatever nature or kind
based upon, or in any way arising out of any work preformed by the Contractor or any subcontractors
or suppliers in the performance of the Contract.
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3. In consideration of the settlement of all of the Contractor's pending and potential claims and its
release and covenant not to sue, Hennepin County agrees to pay and the Contractor agrees to accept
the negotiated lump sum settlement payment of $54,000.00
4. The Contractor shall not make claim of any kind or character whatsoever for any other costs or
expenses which he may have incurred or which he may hereafter incur in performing the work and
furnishing the work and materials provided for in this agreement.
5. The contract time will not be revised except as may be provided under the contract provisions of
Mn/DOT specification l806; 1903 does not apply.
ESTIMATE OF COST
2000 SPECIFICATIONS
Total Increase of Supplemental Ae:reement 8
G 1
$54.000.00
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ITEM NO. ITEM UNIT OUAN. UNIT PRICE AMOUNT
2016.601/00030 Final Claims Resolution Lump Sum 1 $54,000.00 $54,000.00
Subtotal Increase $54,000.00
Net Increase Group 1
$54,000.00
Cost Distribution S.A.P. 27-619-18 = 100% Hennepin County
Except as provided herein, all terms and conditions in said Contract thereto shall remain in full force and
effect.
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SUPPLEMENT AL AGREEMENT
Contractor, having signed this contract, and the County having duly approved this contract on
, 2006, pursuant to such approval and the proper County official having signed this
contract, the parties hereto agree to be bound by the provisions herein set forth.
COUNTY OF HENNEPIN
ST ATE OF MINNESOTA
Approved as to form:
Approved:
By:
Assistant County Attorney
By:
Assistant County Administrator, Public Works
Date:
Recommended for approval:
Approved as to execution:
By:
By:
Assistant County Attorney
Director, Transportation Department and
County . neer
Date:
CITY OF SHOREWOOD
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STATE OF MINNESOTA EUREKA CONSTRUCTION INC.
DEPARTMENTOFTRANSPORTATION By: ~ ~ "/'/06
For Funding Approval Only:
Its: P~o.)6;.,... ~A.~
By: And:
Metro District State-Aid Engineer
Date: Its:
EUREKA CONSTRUCTION INC.
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA)
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[VOl}. .,
DEANNA MARIE lESEMAN
NOTARY PUBUC. MINNESOTA
My Commlsslon ExpIres Jan. 31, 2010
,2006
This foregoing instrument was acknowledged before me on
by rv1a.#~(t.J Th~ as ~y ~ and by as
of ElJftl/A,. Q,n.~Ot'l~ A1C. . Notary Public ~ MOA.U ~M
My commission expires: /:)f /.J ,!JlJ
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