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8.2. SR 11-17-2014 City of Elk Request for Action River To Item Number Mayor and City Council 8.2 Agenda Section Meeting Date Prepared by General Business November 17, 2014 Justin Femrite, City Engineer Item Description Reviewed by Stormwater Pond Dredging Suzanne Fischer,Director COD Reviewed by Cal Portner, City Administrator Action Requested Authorize,by motion,the acceptance of the bid from Frattalone Companies in the amount of $137,445.25 to dredge the Orono and Highland/Jackson stormwater ponds. Background/Discussion WSB and Associates was hired in 2013 to develop a stormwater maintenance plan on four municipal ponds that have reached, or are near,their treatment effectiveness. Included were the Orono,American Legion,McDonald's, and Highland/Jackson ponds. WSB also conducted sediment testing to determine if special disposal methods would be required. Of the four ponds,the American Legion and McDonald's ponds had levels of Benzo(a)Pyrene (BAP)/BAP triggering landfill disposal. Dredging of these ponds was moved to 2015 due to the increased cost. With the objective to dredge what ponds were feasible in 2014, staff obtained quotes to have Orono and Highland/Jackson completed this year. This project was advertised on our website. Six companies downloaded the plans and Frattalone Companies was the only respondent who submitted a bid. The contractor will remove and dispose of 1,134 cubic yards of sediment from the Orono pond and 823 cubic yards of sediment from the Highland/Jackson pond. The project has a completion date of December 20, 2014. Financial Impact This project will be funded through the 2014 Surface Water Management Fund. Attachments • Results for Stormwater Pond Surveys and Sediment Sampling • Bid from Frattalone Companies P a w E A E U s r NaA f RE] A WSB I I I N a,"1 0;5 1 C 10 701 Xenia Avenue South 1"vo, hir, f 8 Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Technical Memorandum To: Suzanne Fischer, City of Elk River From: Pete Willenbring PE, WSB &Associates,Inc. Erick Francis, WSB &Associates,Inc. Date: January IS, 2014 Re: Results for Stormwater Pond Surveys and Sediment Sampling City of Elk River,MN WSB Project No. 1992-06 The purpose of this technical memorandum is to summarize the stormwater pond sediment sampling and pond volume survey results for the ponds identified on figure A. Z-11) SEDIMENT SAMPLING RESULTS Sediment samples were collected from two locations from within each of the ponds,as shown on Figure 1, 4, 7, & 10. Samples were analyzed to determine if Polycyclic Aromatic Hydrocarbon (PAH)were present within the sediment and to identify the Soil Reference Value (SRV) in order to define the proper handling requirements for the excavation and disposal of the dredged material. The results of this sediment sampling are outlined below: Identified Soil Reference Value: • Orono Lake(Dam)Pond • Sample I SRV Level: 2.284 • Sample 2 SRV Level: 0.572 • Highland and Jackson Pond • Sample I SRV Level: 2.267 • Sample 2 SRV Level: 0.152 • McDonalds and Highway 169 Pond • Sample I SRV Level: 11.030 • Sample 2 SRV Level: 53.694 • American Legion and Rail Road Pond in Sample I SRV Level: 7.794 Sample 2 SRV Level: 24.162 St.Cloud• Minneapolis•St.Paul Equal Opportunity Employer wsbeng.com KAO I -IN010914.d- Ms. Suzanne Fischer January 15, 2014 Page 2 SURVEY RESULTS Surveys of the stormwater ponds were performed to measure the water and sediment depth within each basin to determine the percentage of lost storage volume due to sedimentation acumination overtime. Please note estimated pond volumes did not have the benefit of as-built grading plans to accurately determine the planned storage volumes for each pond. Storage volumes were based on a treatment volume of a four foot depth within the pond. The following table outlines the pond survey information, estimated volumes, and excavation volumes: Measured Estimated Average Average Estimated Estimated Estimated Estimated Pond Water Water Sediment Remaining Excavation Pond Name Area Volume Depth Sediment Volume Volume Treatment Volume (SgFtj (CuYd) (ft) Depth(ft) (CuYd) (CuYd) Volume (CuYd) Orono Lake Fond(loam) 16117.2 23877 2.1 3.7 1253.6 2208.7 47.8% 11342 Highland/Jackson Pond 7405.2 1097.1 1 1.3 274.3 274.3 25% 822.8 McDonalds Hwy 169 Pond 19602 2904 0 4 3.8 2904.0 2904.0 75% NA American Legion RR Pond 5662.8 838.9 0.3 1.1 62.9 62.9 7.5% 776.0 FINDINGS Sediment Sampling Findings • Orono Lake (Dam) Pond • SRV values ranged from 0.6 to 2.2 • Sediment within the pond consisted of sand, organic soil, and vegetative debris o Excavated sediment should be considered a SRV Level 2 o Soils with a SRV Level 2 is suitable for use on commercial or industrial land uses • Highland and Jackson Pond • SRV values ranged from 0.2 to 2.3 • Sediment within the pond consisted of sand and organic soil o Excavated sediment should be considered a SRV Level 2 o Soils with a SRV Level 2 is suitable for use on commercial or industrial land uses • McDonalds and Highway 169 Pond • SRV values ranged from 11.0 to 53.7 • Sediment within the pond consisted of sand and organic soil • Excavated sediment should be considered a SRV Level 3 • Soils with a SRV Level 3 or higher must be disposed of at an MPCA approved landfill K!V)19924K0ldnii.1D n 1)1992-06 T,,hM­._jX n I d-ig--ft,0;0914 d- Ms. Suzanne Fischer January 15,2014 Page 3 ® American Legion and Rail Road Pond • SRV values ranged from 7.8 to 24.2 • Sediment within the pond consisted primarily of sand • Excavated sediment should be considered a SRV Level 3 • Soils with a SRV Level 3 or higher must be disposed of at an MPCA approved landfill Pond Survey Findings • Orono Lake(Dam) Pond Survey data and field observations indicate that the remaining effective treatment capacity for this pond is 47.8%. There are significant sediment deltas on the westerly portion of the pond, consisting mostly of sand. Water depths range from 0.3 feet to 4.1 feet. Sediment depths range from 2.5 feet to 6 feet. • Highland and Jackson Pond Survey data and field observations indicate that the remaining effective treatment capacity for this pond is 25%. There are considerable amounts of sediment but there is a consistent water depth within the pond. Sediment within the pond consists mostly of sand. Water depths range from 2 feet to 3.2 feet. Sediment depths range from 1 foot to 4 feet. • McDonalds and Highway 169 Pond Survey data and field observations indicate that the remaining effective treatment capacity for this pond is 75%. There are significant sediment deltas throughout the pond and the easterly edge is completely filled in with sediment. Sediment within the pond consists mostly of sand. Water depths range from 2.6 feet to 6 feet. Sediment depths range from 3.6 feet to 6.9 feet. • American Legion and Rail Road Pond Survey data and field observations indicate that the remaining effective treatment capacity for this pond is 7.5%. This pond is completely filled in with sediment. There is a silt curtain present at the easterly and westerly ends of the pond that were not removed after reconstruction of the adjacent streets. Water depths range from 0.2 feet to 2 feet. Sediment depths range from 0.2 feet to 2 feet. RECOMMENDATIONS The Orono Lake,Highland, and American Legion Ponds are at their limit of treatment effectiveness and it is recommended that they be maintained if funding is available. The McDonalds Pond was observed to have a considerable amount of acuminated sediment but still has a uniform water depth that provides a reasonable amount of treatment. The McDonalds and American Legion Ponds both have a Level 3 or greater SRV level and the excavated material will be required to be disposed of in an MPCA approved landfill. The Orono and Highland Ponds both a Level 2 SRV and this material may be used in commercial or industrial areas. Based on these results, if funding and a disposal site is available, it is recommended that the Highland Pond be maintained by removing approximately 800 cubic yards of material to obtain a uniform depth of four feet,which will provide an adequate treatment for the watershed. If additional funds are available, the Orono Pond could be maintained. However,this pond has K:101992-OY,Admin'Jl.,\J 1993-0G_rc,hM�.,oJwnd 010914_d- Ms. Suzanne Fischer January 15,2014 Page 4 difficult access and would make it more cost intensive to complete the excavation. In addition, Orono Pond also needs maintenance to the outfalls and outlet structures and clearing of several trees that are overhanging the pond. The American Legion Pond does require maintenance due to the limited treatment effectiveness. However, due to the SRV level being greater than 3 and the excavated material being required to be disposed of at an approve landfill, it is recommended that this pond be maintained after the Orono and Highland Ponds have been maintained. If you have further questions about the contamination level or the sediment deposition of this pond, please feel free to contact me at 763-512-5251. Attachments: Sediment Sampling Location Figures Sediment Sampling Analysis Pond survey and sediment depths Laboratory Report CC M P A N t E 8 Excavating - Grading - Utilities - Demolition - Environmental - Field Services November 12, 2014 Hello, Please accept our bid for the City of Elk River Stormwater Pond Dredging project.We acknowledge the receipt of addenda#1 on November 7 th If you have any questions, please contact Cory Van Engen at 651-484-0448 or coryv@frattalonecompanies.com. Thanks You Cory Van Engen Division Manager-Earthwork 3205 Spruce Street a St.Paul,MN 55117 Phone 651.484.0448 Fax 651.484.7839 .........c Bid Schedule 11/12/14 Stormwater Pond Dredgiflg fr p DSCt1IQII �Ilttr tllttLCe Tt7c`T r Temporary and Permanent Turf 1-LS $ 33,235.00 33,235.00 Restoration Pond Excavation SRV Level 2 1957-CY $ 53.25 104,210.25 Orono and Highland/Jackson Total Bid $137,445.25 Frattalone Companies,Inc.acknowledges addendum#1 on November 7,2014. Bidder References This form will be used in assessing a bidder's qualifications and to determine if the bid submitted is from a responsible, qualified bidder. Factors such as past performance, financial stability, integrity of the bidder, conformity to the specifications, etc. will be used in evaluating bids. Attach additional sheets, if necessary. List at least three completed similar projects in nature to this Project that demonstrates your business's ability to perform the requirements of this bid. Description of:Projectt Tate(s).ofCairi pan}+Ageincyontc - P'e•oje+cti lnildr ation, Rosedale Square Storm Pond Summer 2014 KPERS Realty Holding 105-5th Ave SO#105 #41-Inc. Minneapolis,MN 55401 952-897-7859 Capital Region-Villa Park Winter 2013 Capital Region Watershed 1410 Energy Park Drive St.Paul,MN 55108 Bloomington Ponds Winter 2012 City of Bloomington 1700 West 98th Street Bloomington,MN 55431 � j Office of the Minnesota Secretary of State (( Cez tificate of Good Standing 1,Mark Ritchie, Secretary of State of Minnesota,do certify that: The business entity < listed below was filed pursuant to the Minnesota Chapter listed below with the Office of ' the Secretary of State on the date Iisted below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. .'1 t a ��r t Name: Frattalone Companies, Inc. j Date Filed: 12/13/1978 �! File Number: 31-191 j Minnesota Statutes, Chapter: 302A Home Jurisdiction: Minnesota This certificate has been issued on: 08149/2012 � I Mark Ritchie j Secretary of State = State of Minnesota i I �N i ��.r I llt� •.�J'`�' l��r`;�•'�-jgJ$� ,ti'''p' I f f lII F I f f I i s .............._ ..._ ......... .......................... 4.:i� A�i:��• ��t�S�i�L 44i4aTif.'wL'dyp. � }�'3 Document A31 Bond No. RB0058631- 201 0 Bid Bond CONTRACTOR: Varne, legal status and address) SURETY: Frattalone Companies,Inc. (Ncnne, legal status and principal place of This document has important legal 3205 Spruce St. business) consequences. Consultation with Saint Paul,MN 55117 an attorney is encouraged with Granite Re,Inc. respect to its completion or 14001 Quailbrook Drive modification. OWNER: Oklahoma City,OK 73134 Any singular reference to (Name, legal status and address) Contractor, Surety,Owner or other party shall be considered plural where applicable. City Of Elk River BOND AMOUNT:Five Percent of the Bid Amount(5%of Bid Amount) PROJECT:Angrimson Property Demolition (Name, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Suretv bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either (1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisicns conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 7th day of November,2014 t ` Frattallone C m ni nc / ' X (Principal) r" (Seal) (Title) Re,Inc 1 (Su f (Seal) (Witness) (T,t ) enmfer o les,Al to y i Fact bAUTICMII YOU ,! Ok_lki�9;n j,,..,..>rjgn,­s AIA Contract ocu �,. .,on v,,Hic-,J z h i s �:""V or, � � sr��iar.,<.JSEsrCd _rs� c s� rtcae-�:vv`il not cae aired. (nit AIA Document A330'"—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.;,,;,t g Fa s = A!;f ' Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. 06110 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of 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 ACKNOWLEDGMENT OF PRINCIPAL (Partnership) 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 ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) ltd ) County of ) td before me Y come(s) On this t day of °� � in the year personal) come s 4 to me known,who, being duly sworn,deposes and says that he is the of the a � �, the corporation described in and which execut 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. Notary Public Minnesota ary Public My Comm. Expires Jan 31, 2017 ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 7th day of November, in the year 2014, before me personally come(s) Jennifer Boyles, 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 Attomey(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;and 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 he signed said instrument as Attorneys)-in-Fact of the said company by like order. TOiti L P FCut3LtC q�f}TARY NitTtNESOtR `t S C MM sioriExpiresJan.Si,20M17 Notary PUbIIC GRANITE RE, .M. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES its true and lawful Attorney-in-Facts) for the following purposes,to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board'of Directors of the said GRANITE RE, INC,a certified copy of which is hereto annexed and made a part of this Power of Attorney;and the said GRANITE RE,INC.through us,its Board of Directors,;hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR;JENNIFER BOYLES may lawfully do in the premises by virtue of these' presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 3'day of July,2013. fd4Tco*smu� C Kenneth D.Whittington,President STATE OF OKLAHOMA ) s ETA L , ) SS, �tG�.. /I r ri Z° COUNTY OF OKLAHOMA 3 Kyle/0.McDonald,Treasurer On this'3`d day of July, 2013, before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said,that they, the said Kenneth D.Whittington and Kyle P.McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer,respectively,of the Company. My Commission Expires: �' ✓ % August 8,2017 Notaryry Public � Commission#:01013257 GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re, inc,an Oklahoma Corporation, HEREBY CERTIFIES' that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President,any Vice President,the Secretary,and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation'this 7th day of November,2014 Kyle P.McDonald,Secretary/Treasurer SEAL GRO800-1