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IP #769 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Parks and Recreation July 25, 2005 Consent Item No. By: Shari French 6.11 RESOLUTION APPROVING CHANGE ORDER NO.1 FOR ELM GROVE PARK (IMPROVEMENT PROJECT #769) REQUESTED ACTION At the June 27, 2005 council meeting, council discussed the projects involving Elm Grove Park. Tonight, staff is recommending that the Council approve Change Order No.1 to the contract with Minnesota Wisconsin Playground, me. for the play equipment project approved on May 23, 2005. The original amount of the contract with Minnesota Wisconsin Playground, Inc. for the Elm Grove Park play equipment project was $44,420. The dollar amount of this change order is a savings of $1,600. The revised contract amount including this change order becomes $42,820.00. The equipment does need to be ordered now in order to stay on time. Part one of this change order involves a modification to the design. The design becomes one in which there is a single play circle. This allows for a more accessible final design. Some grading alterations will need to be made to accommodate the new container involving the contractor from project 779. The engineer will be in attendance to discuss the changes. Part two of this change order revises the completion date from September 30 to October 28, 2005. Unavoidable delays in the 2005 Street, Park and Utility Improvements project 779 have caused the estimated date to have the site ready for this contract to be shifted to a later date. The final part of this change order deletes the existing play equipment removal. In an attempt to facilitate construction activities between projects 769 and 779, the removals were completed by the contractor for project 779. Therefore, the quoted price for the existing equipment removals, $1,600, will be subtracted from this contract. Payment for the removals will be later added to project 779 via change order. A TT ACHMENTS The en ineer's memorandum, the chan osed new la out, and resolution are attached. TO: f; (J / /Yl:~-;0;V~ // t! SECOND BY MOTION BY ~ .-, ~. 1:\RFA\P&R\PARKS\R-769 Change Order No. 1.doc CITY OF NEW HOPE RESOLUTION NO. 05-93 RESOLUTION APPROVING CHANGE ORDER NO.1 FOR ELM GROVE PARK (IMPROVEMENT PROJECT #769) WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and/or projects listed therein; and WHEREAS, the funds for this equipment have been provided within the Park Dedication Fund; and WHEREAS, the City Council of the city of New Hope authorized a contract in the amount of $44,420 to Minnesota Wisconsin Playground, Inc. for project 769 on May 23, 2005; and WHEREAS, after the contract was awarded it was determined that a change was desired to enhance the accessibility of the design for play equipment for Elm Grove Park; and WHEREAS, unavoidable delays with project 779 have caused the estimated date to have the site ready for this contract to be shifted to a later date; and WHEREAS, in an attempt to facilitate construction activities between projects 769 and 779, the removals of the existing equipment were completed by the contractor for project 779. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of New Hope approves change order number 1 to the contract with Minnesota/Wisconsin Playground, Inc. as part of Improvement Project number 769 (Elm Grove Park Upgrade) which includes a revised play equipment layout, a change in the completion date to October 28, 2005, and a deletion of the existing equipment removal for a reduction of $1,000 to this contract putting the revised contract amount at $43,420. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of July, 2005. i .~ Attest: III /LAA I.J C. ':Am..t City Clerk 1:\RFA\P&R\PARKS\R-769 Change Order No. 1.doc . fl. Bonestroo e Rosene '\i\lI AnderJik & 11 \J 11 Associates Engineers & Architects 2335 West Highway 36 . St Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 wwwbonestroocom July 19,2005 Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Elm Grove Park Play Equipment, City Project No. 769 Change Order #1 Recommendation BRAA # 000034-05170-0 Dear Shari: A revised play area layout, involving the construction of a single play area container, as opposed to two containers, to house all the play equipment to be installed in Elm Grove Park, has been proposed. The revised design involves both a change in the equipment configuration as well as change in some ofthe components used. A copy of the layout is attached for your review. This change in design will have no affect on the contract amount. Upon initial review, it appears the new layout will not cause significant issue to the design of Elm Grove Park. Some grading alterations will need to be made to accommodate the new container. The design modifications will be looked at in more detail and depicted in drawings for Council review prior to the July 25th meeting. Unavoidable delays in the 2005 Street, Park and Utility Improvements project have caused the estimated date to have the site ready for this contract to be shifted to a later date. Therefore, MN/WI Playground has requested an extension on the completion date. It has been proposed that the completion date be shifted by one month, from September 30th to October 28th, Removal of the existing play equipment in Elm Grove Park was originally part ofthis contract. In attempt to facilitate construction activities between projects, the removals were completed by the contractor working on the 2005 Street, Park and Utility project. Therefore, the Bid Price for the existing equipment removals, $1,600, will be subtracted from the contract. Payment for the removals will be later added to the 2005 Street, Park and Utility project via change order. We recommend Council approve Change Order #1 at the July 25th Council meeting. Upon approval, the contractor will order the new equipment. Sincerely, BON EST ROO ROSENE ANDERLIK & ASSOClA TES, INC. 7~~y Vincent T. Vander Top Enclosures St. Paul. St Cloud. Rochester. MN . Milwaul<ee. WI · Chicago. IL Affirmative Action/Equal Opportunity Employer and Employee Owned 62'-0' 70'-0' N * SAFETY SURFACE / BY CITY .... ~ @> 1 J,lS" O.D. .... IIEII -- ICI 1~'Clf 10741 6"~~ SAFETY ZONE TYPICAL 107411 ~~@ ..... """"""" TOT """"""""" 2 J,lS" o.n. l \ .(" 10189 RB.CICf<1E ISP~ L \ 2 o 1 I 10 20 40 I SCALE IN FEEr . flj Bonestroo ~ Owner: City of New Hope, 4401 Xylon AYe. N., New Hope, MN 55428 -=- Rosene '1\11 Anderlik & Contractor: Minnesota/Wisconsin Playground, P.O. Box 27328, Golden Valley, MN 55427 . \J. Associates Engineers & Architects Bond Company: Date July 19,2005 Bond No: CHANGE ORDER NO. 1 ELM GROVE PARK PLAY EQUIPMENT CLIENT PROJECT NO. 769 BRA FILE NO. 34-05-170 Description of Work Revised Plav EQuipment Lavout The original play area design called for two containers, one to house 5-12 year-old equipment and the other to house pre 5 year-old equipment. This layout was modified to consist of a single container to be used for all of the play equipment. Modification of the layout includes a revised list of equipment to be used along with a new configuration of the equipment. The new layout will include the equipment shown on the attached drawing. The contract amount does not increase nor decrease due to this change. Chan2ed Completion Date The completion date will be changed from September 30th, 2005 to October 28th, 2005. This change is to allow a feasible time for the play areas to be constructed given unavoidable delays that have occurred in other City projects. The change in completion date will have no effect on the contract amount. Deleted EQuipment Removal The existing play equipment in Elm Grove Park was originally to be removed under this contract. In attempt to facillitate construction efforts, the removals were performed by the contractor working under a separate City contract. Therefore, the costs to remove and dispose of the existing equipment will be subtracted from this contract and added to the contract under which the work was actually performed. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.1 2 REVISED PLAY EQUIPMENT LAYOUT (SEE ATTACHED DRAWING) CHANGED COMPLETION DATE LS SO.OO SO.OO LS SO.OO SO.OO 3 DELETED EQUIPMENT REMOVAL LS -SI,600.00 -S I ,600.00 Total CHANGE ORDER NO.1: -SI,600.00 3405170CHO I.xis Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date: $44,420.00 $0.00 -$1,600.00 $42,820.00 Approved by Contractor: MN/WI PLAYGROUND Approved by Owner: CITY OF NEW HOPE Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 3405170CHO 1.xIs Date '.11' Bonestroo ~ Rosene '1\11 Anderlil< & . \j 1 Associates Engineers & Architects Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date July 2 1, 2005 Contractor: Minnesota/Wisconsin Playgoumd, P. O. Box 27328, Golden Valley, MN 55427 Bond Company: Bond No: CHANGE ORDER NO. 1 ELM GROVE P ARK PLAY EQUIPMENT CLIENT PROJECT NO.769 BRA FILE NO. 000034-05170-0 Description of Work Revised Plav EQuipment Lavout The original play area design called for two containers, one to house 5-12 year-old equipment and the other to house pre 5 year-old equipment. This layout was modified to consist of a single container to be used for all of the play equipment. Modification of the layout includes a revised list of equipment to be used along with a new configuration of the equipment. The new layout will include the equipment shown on the attached drawing. The contract amount does not increase nor decrease due to this change. Changed Completion Date The completion date will be changed from September 30th, 2005 to October 28th, 2005. This change is to allow a feasible time for the play areas to be constructed given unavoidable delays that have occurred in other City projects. The change in completion date will have no effect on the contract amount. Deleted EQuipment Removal The existing play equipment in Elm Grove Park was originally to be removed under this contract. In attempt to facillitate construction efforts, the removals were performed by the contractor working under a separate City contract. Therefore, the costs to remove and dispose of the existing equipment will be subtracted from this contract and added to the contract under which the work was actually performed. Spiral Slide Handrails The existing spiral slide to be reused in the revised layout does not have the proper hand rails. Supplying and installing the correct handrail on this piece of equipment will be added to the contract to ensure the safety of this component. The contractor has provided a price of $600.00 to supply and install the rails on the existing slide. This cost will be an addition to the contract amount. Contract Unit Total No. Item CHANGE ORDER NO.1 Unit Quantity Price Amount DELETED EQUIPMENT REMOVAL LS ($ I ,600.00) ($ I ,600.00) 2 SUPPL Y Al\TI) INSTALL SPIRAL SLIDE HAl\TI)RAIL: LS $600.00 $600.00 TOTAL CHANGE ORDER NO.1: ($1,000.00) 3405170CHO I.xls Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $44,420.00 $0.00 ($1,000.00) $43,420.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for [mal Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for [mal Payment (days or date): Contract Time withal! approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date: ~~~ '?-ZS:-o:) Approved by Contractor: MINNESOT A1WIS 1 T ------77 ~~ c:/ '7- ?--F ~S- Approved by Owner: CITY OF NEW HOPE jI! . .?'.,"\ nJ /) ~! (Xj j{ k ..1. .,$' V /c / ~v~;g;K~u,) . Date '7 /d 7/0 5" Date / I cc: Owner Contractor Bonding Company Bonestroo & Assoc. 3405I70CHO I.xIs COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section By: 5/23/05 Development & Planning Item No. Parks and Recreation By: Shari French 8.3 RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS FOR THE PURCHASE OF PLAY EQUIPMENT FOR ELM GROVE PARK (IMPROVEMENT PROJECT #769) REQUESTED ACTION Staff is recommending that the City Council review the options on the attached memo from the city engineer. After review, staff recommends choosing the quote that best meets the city's needs for this project and then approving a resolution and awarding the chosen quote for new play equipment for Elm Grove Park. BACKGROUND Project 769 includes the new play equipment portion of the Elm Grove Park improvement plan. Overall plans for the park include new play equipment for two separate age groups (2-5 year old children and 5-12 year old children); site preparation, curbing, etc. for the new play equipment; an improved trail which will lead from 55th A venue through the park to the parking lot of St. Raphael's church; and landscaping. Meetings have been held with the neighborhood to get input as to the plan they would like to see for their park. On November 8, 2004 the City Council approved the preparation of plans and specifications for this project. On January 18, 2005 Council met with staff and engineers to discuss the project and to give direction. Direction included purchasing new play equipment for this park and omitting the existing basketball court. After discussion at the April 18 work session, Council directed staff on April 25th to advertise for quotes for new play equipment. The 2005 Street, Park, and Utility Infrastructure Improvement Project #779 was approved on May 9 and speaks to additional work to be done in this park and surrounding area. Part of the park improvement work to be done is similar to the street and utility work to be done in this area and so was included as a part of this infrastructure project, 779. The park portion of the contract awarded to DMJ Corporation on May 9 for project 779 totaled $29,076. MOTION BY [7 /d07 )Ui'j ji ~ SECOND BY TO: L/ej tjUJ. / 1:\RFA\P&R\PARKS\R-Elm Grove Park Quotes 769.doc ATTACHMENTS Attached is a letter from the city engineer outlining the quotes received for the new play equipment from four different manufacturers' representatives. FUNDING Funding for this project is available through the Park Dedication Fund. I:\RFA\P&R\PARKS\R-Elm Grove Park Quotes 769.doc CITY OF NEW HOPE RESOLUTION NO. 05-76 RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS FOR THE PURCHASE OF PLAY EQUIPMENT FOR ELM GROVE PARK (IMPROVEMENT PROJECT #769) WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist \vith the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and/or projects listed therein; and WHEREAS, the Parks and Recreation Department recommends the acquisition of new play equipment for Elm Grove Park from Minnesota Wisconsin Playground, Ine.; and WHEREAS, the funds for this equipment have been provided within the Park Dedication Fund. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Minnesota, that the appropriation of $44,420 for payment to Minnesota Wisconsin Playground, Inc. from the Park Dedication Fund is authorized and the 2005 Parks operating Fund budget is hereby amended. Adopted by the City Council of the city of New Hope, Hennepin County, I\IIinnesota, this 23 day of May, 2005. 1Jtc~~ Mayor l '/l;J7:;{1 v . ,/-" Attest: .. ~.Lf C.... fJ:YU..--. City Clerk I:\RFA\P&R\PARKS\R-Elm Grove Park Quotes 769.doc Ji]J Bonestroo I!I:liiI Rosene 1l\II Anderlik & " \J 1 Associates Engineers & Architects 2335 West Highway 36 · St. Paul, MN 55113 Office: 651-636-4600. Fax: 651-636-1311 www.bonestroo.com May 17,2005 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Elm Grove Park Play Equipment City Project # 769 File No. 000034-05170-0 Quote Results Quotes were received for the Project stated above on Friday, May 13, 2005 at 4:00 P.M., C.D.S.T. The quote submitted quote forms are attached. Copies will also be distributed to each Bidder. Quote Form Background The quote form was constructed to receive specific prices for certain items. The bid items were as follows: Bid Items #1 through #4 represent furnishing and installing the play equipment materials Item # 1 - Furnish Play Equipment - The actual cost of the equipment. Item #2 - Install Play Equipment - The labor to install the equipment. Item #3 - Salvage and Reinstall Swing Set - The cost to salvage and reinstall the existing swing Item #4 - Resilient Surface - The cost for the "rubber" surface required for ADA accessibility. Bid Item # 5 provided the bidder the opportunity place an additional cost in the quote to meet the extended warranty. Bid Item #6 provided the bidder the opportunity rebate the City for any trade-in value for the existing equipment. This bid item included the complete removal of the existing play equipment. There were two alternates in the bid: Alternate # 1 - Existing Equipment Removal and Disposal - This represented the cost of removal of the existing equipment in the event that the bidder did not include that under Bid Item #6 - Trade-in value. Alternate #2 - Furnish and Install Rock Climber - A rock climbing equipment piece was bid as an alternate. It was anticipated that the bids would be close to the MN statute quoting limit of $50,000. In the event that the bids are over $50,000, this piece of the play equipment would not be awarded. · St. Paul, St. Cloud, Rochester, Willmar, MN · Milwaukee, WI · Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned Quote Summary There were a total of 4 Quotes received. The quotes were received directly from the manufacturer's local representatives. A summary of the quotes follows: T bl 1 Q t S a e- uo e ummary Bid Item Miracle Little Gametime Landscape Tikes Structures Play Equipment Materials $40,356 $40,525 $40,940 $46,702 (Bid Items 1-4) Extended Warranty Cannot do $0 $ 5,350 $0 (Bid Item 5) Play Equipment $40,356* $40,525 $46,280 $46,702 Existing Equipment Trade-In $0 -$5,000 -$8,120 -$3,915 (Bid Item 6) Existing Equipment Removal $ 1,850 $0 $ 1,600 $0 (Alternate 1) Play Equipment wi Removal of Existing $42,206* $35,525 $39,760 $42,787 Equipment Rock Climber-Alternate 2 $ 2,158 $16,752 $ 4,660 $ 9,385 Play Equip. wi Removal of Ex. Equip. and $44,364* $52,277 $44,420 $52,172 Rock Climber * No extended warranty included. Review of Quotes The Quotes were reviewed by staff in three areas: o Quoted Price o Extent of Warranty o Equipment provided Quoted Price The submitted quotes are summarized in Table 1. The following could be noted: Miracle quoted the lowest price for the play equipment; however, they could not provide the extended warranty Little Tikes quoted the lowest price ($40,525) for the play equipment with the extended warranty. o Little Tikes quoted the lowest price ($35,525) for the play equipment and the removal of the existing play equipment. The Trade-in value lowered their bid by $5,000. If the Rock Climber is included, Miracle quoted the lowest price; however, Gametime submitted the only quote under the limit of $50,000 with the extended warranty. Extent of Warranty An emphasis was placed on the warranty in the bid package. The base warranty in the bid includes: . A I OO-year warranty on structural parts . A I5-year warranty on other plastic and steel components . A 5-year warranty on paints and coatings A 3-year warranty on plastic moving and rocking parts All quotes commit the manufacturer to this base warranty. The extended warranty increase the 5-year warranty on paints and coatings to a I5-year warranty. Miracle submitted that they would not meet this warranty. Gametime indicated that the extended warranty would be met at a cost of $5,350 and Little Tikes and Landscape Structures will meet the extended warranty at no additional cost. Equipment Provided A specific list of equipment was provided in the bid package. The equipment list was based on Landscape Structure equipment as City staff worked with that manufacturer in the preliminary layout of the park. Other manufacturers were asked to submit equal play equipment to the components listed in the plan. Staff can provide further detail on each component if desired. Each manufacturer submitted a rendering of the play equipment layout. The following summarizes the comparison of the equipment provided: T hI 2 PI E c a e- ay ~QUlpment ompanson Equipment Feature Miracle Little GameTime Landscape On Bid Plan (5-12 yr-old Equipment) Tikes Structures Triple Ring Fling X X X X Horizontal Ladder w/2-24" decks Xw/l X X X deck Corner Climber win" deck X w/60" X Rock wall X deck Climber1 Pod Climber w/40" deck X w/36" X X w/24" X deck deck Side Winder slide w/96" deck X X X X Stand-up SeeSaw X X Walk the X Plank2 Stand-up Spinner X X X X Transfer module X X X X 3 steps X X 4 steps X Rock climber w/64" deckl X w/78" X X w/66" deck deck Age Appropriate Si!lI1 X X X X I Gametime supplied a rock wall climber in lieu of the corner climber. A volcano climber was included under Alternate 2 in lieu of a rock climber. The Little Tikes and Landscape Structures natural stone rock climbers should not be compared to the Gametime volcano climber. The natural stone rock climbers are more expensive for all manufacturers. 2 Gametime submitted a "walk the plank" in lieu of a stand up see saw. Gametime does not have a stand up see saw. The "walk the plank" can be described as a low balancing board on springs. The stand up see saw was a piece of equipment requested at an open house. Equipment Feature Miracle Little GameTime Landscape On Bid Plan (5 yr-old and under Equipment) Tikes Structures Pre-K Play Equipment Driver Panel X X X X Spring Rider Frog Whale Stallion Dolphin Double wave slide w/48" deck X X X X w/44" w/36" deck deck COZY climber X X X3 X Sound Chimes panel w/40" deck4 X X X X w/48" w/36" w/36" deck deck deck Tunnel slide wi a view tube and w/48" deck5 X X X X 36" deck Transfer module X X X X Super scoop X X X X Tot swing (2 swings) X X X X Sil:m X X X X 3 Gametime submitted a Wave climber in lieu of an Arch climber. An Arch climber could be substituted at no additional cost. Gametime submits a wave climber is more age appropriate 4 Little Tikes submitted a 7-station play factory; Gametime submitted a Gizmo panel 5 Only the Landscape Structures Tunnel has a view window into the tunnel allowing parents to see children inside the tunnel; however, the tunnel will be short and can be considered not necessary . in this layout. The most notable difference in the play equipment by manufacturer is the climbing rock under Alternate 2. The rock submitted by Little Tikes and Landscape Structures is different level of climbing rock than the volcano climber submitted by Gametime. Alternative Playground Designs We did not request that manufacturers submit alternative playground layouts. However, Gametime did submit an alternative layout. The base design in the plan includes two play areas: 5-12 year-old and an under 5-year old. Separate age appropriate play areas is an increasing trend in play ground design and was used most recently in Liberty Park. Gametime submitted an alternate design combining the two play areas into one. This is also an acceptable approach. By combining the areas, they were able to increase the amount play equipment and the ADA accessibility while keeping the costs below $50,000. The alternative design raises some additional items that the City Council and staff may want to discuss; however, the quotes should first be evaluated on an equal basis or the plan design. After the project award is made, the Council could consider layout modifications and cost saving measures with the selected contractor. Any changes after the award could be accommodated via a change order. Considerations for Contract Award The City Council could approach the award differently depending on immediate goals: · Because of the submitted trade-in values and the low cost (or rebate) to have the existing equipment removed, staff is recommending that the existing equipment be removed under this contract. · If the extended warranty is desired, the low quote was submitted by the Little Tikes rep ($35,525). · If the extended warranty is not desired, the low quote was submitted by the Gametime rep ($39,760 - $5,350 = $34,410). The rock climber (alternate #2) cannot be awarded as it increases the Little Tikes and Landscape Structure bids over $50,000. . Alternate #2 (Gametime volcano climber) could be awarded to Gametime keeping the award quote below $50,000 ($44,420). The Miracle bid with Alternate #2 is slightly lower but it does not include the extended warranty. It is recommended that Council discuss these options and consider an award based on that discussion. City staff will assist the Council in that discussion further identifying the benefits of specific options. Should you have any questions, please feel free to contact me at (651) 604-4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. Vincent T. Vander Top, P.E. Enclosures V '.~~!~;~:.~. .~!!~(:,. ;t~.,.; : ~~;i>" ;i,M. Ii .11 ':&;.'-; ';:y .21m ~~ "..1'..' '.~-j ";._. ':F;1! ~.1:.' if ~'1 if ;.'Jl ..-'It \] .ltlJ: .~ -iil ,. .1 I '1' ,,~ 'c' :~ ~ ~l ~ iill -c<i ;~n "-it; ,~ '~.' .,; llJ :~ ~ I fr!. ~~ ;~! ~j 1~ ~~ if~ ~ I '2 !.? ~ ~ %'i ~~ :MJ .~ i~ '~gll , ~. 1!;l }~ ~ tii m ~ ~! j! j ~ QUOTE Elm Grove Park Play Equipment New Hope, Minnesota City Project No. 769 File No. 34-05-170 Quote Due: Wednesday, May 11, 2005, 1 :30 P.M., C.S.T. Return to: Vince Vander Top @ Bonestroo Fax Number 651-636-1311 Office Number 651-604-4790 Cellular 651-775-5093 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 0\ \ (0-C\e- 'Ii II TOTAL COST Zq/ Y.30rOO I) t/tJO ,00 Q(10 J ()O r d{ ~;{6P' ()O ~f:- r; -~:.;?) fT. u5 Vti / [fICf0 3Wo - Iii -(J - 11 Va lP $1;'" Ox {/.i:\ 1:1 To'" Quo" 33Jl- 4-l-lb ~ ~b ~ () 0 II / f5{) 00 I~ ) II Ii I 1 ITEM UNIT QTY UNIT COlT 1. Furnish Play Equipment LS 1 2. Install Play Equipment LS I / 1 /Lio liY/tt 1 3. Salvage and Reinstall Swing Set LS 1 4. Resilient Surface LS 5. Extended Warranty (faint) C! C<./) /') CJ dO . Existing Equipment Trade-In Value (Refer to Section 02860.3.03) LS LS 1 6. ALTERNATE #1 1. Existing Equipment Removal and Disposal (Refer to Section 02860.3.03) LS 1 ALTERNATE #2 LS 1 fZJS5/ L BLuFF ~ /IU8ER.. 2. Furnish and Install "Rock Climber" 1J1-/7306b ;'Submit Quote information consistent with Section 02860.1.05. II I .. " II Ii I: ! /vIR 2/ S8. 0 0 :bi::- / I i I ! Comp,", Nam~ UJ:b~! !Ztare OHDffi /.f;es '!in r1 he Signature~ e.. fLCft&I<[(-t ;t; ..A/ Pdut'd&~SigU'''' ~f;:1m Kv/fck ~Title: (St.tJ!Jc:v2. ~/ q/J!!r I I-ldderJdoun 112 re(!e;'vecL QUOTE Elm Grove Park Play Equipment New Hope, Minnesota City Project No. 769 File No. 34-05-170 '- \ ~ \ -e.. "\~ V-e'S Quote Due: Wednesday, May 11, 2005, 1:30 P.M., C.S.T. Return to: Vince Vander Top @ Bonestroo Fax Number 651-636-1311 Office Number 651-604-4790 Cellular 651-775-5093 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. UNIT TOTAL ITEM UNIT QTY COST COST 1. Furnish Play Equipment LS $31,218.00 2. Install Play Equipment LS 1 $5,925.00 3. Salvage and Reinstall Swing Set LS 1 $490.00 4. Resilient Surface LS 1 $2,892.00_ 5. Extended Warranty (Paint) LS tfl.(O SLS" 1 -O- r 6. Existing Equipment Trade-In Value LS (-"i,nnn nn) (Refer to Section 02860.3.03) Total Quote $35,525.00 ALTERNATE #1 1. Existing Equipment Removal and Disposal LS (Refer to Section 02860.3.03) ALTERNATE #2 2. Furnish and Install "Rock Climber" LS 1 $16,752.00 *Submit Quote information consistent with Section 02860.1.05. Printed Na e of Signer: s e y Title: S ale s R e pre s e n t a *Addendums #1 and #2 - acknowleged Flanagan Sales, Inc. (;,zCtMe{.{cMe QUOTE Elm Grove Park Play Equipment New Hope, Minnesota City Project No. 769 File No. 34-05-170 :;~::>~;. D Z ~ 8 8 H: ~?::/ .,.".~~~ PlAt-J DW<i, Quote Due: Wednesday, May 11,2005,1 :30 P.M., C.S.T. Return to: Vince Vander Top @ Bonestroo Fax Number 651-636-l311 Office Number 651-604-4790 Cellular 651-775-5093 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. UNIT TOTAL ITEM UNIT QTY COST COST ]. Furnish Play Equipment LS 31, 9'00 2. Install Play Equipment LS !:J e e a 3. 't.Salvage and Reinstall Swing Set LS 7Z0 4. Resilient Surface LS 1 :2-, 3 ~ 0 *~ 5 Extended Warranty (Paint) LS S3~ 1 R{;CO,'1;'1!=NO ep 6. Existing Equipment Trade-In Value LS 1 8/20 (Refer to Section 02860.3.03) Total Quote 38/ Ira () AL TERJ"'lA TE #1 ~ 1. Existing Equipment Removal and Disposal LS (~ 0 (Refer to Section 02860.3.03) ..J ALTER.NA TE #2 lh 2. Furnish and Install "Rock Climber" LS 1:0 6 () L I *Submit Quote information consistent with Section 02860.1.05. Company Name: I1INJJc::5oTA WISCONSIN PLINt:,f'ol/Nt>, jNc.. Signature: ~ ~ Printed Name'ofSigner: !I;:JRl...AIV LeH.t'1I'lN Title: vice ff?13'.'S/iJpAlr S,Al.c...s '* GfI/l&nffE ,!;:.q UII',.41E:.",r wAtNW1{ ,ltT/,ACItED i._€.AD$ /N{;J()$rt? 't 5rA-~MS S'l.Tc!JDe/) ~/'1h/~/ON 'itELtJ5 /J/fOt:.. 8/ D g>vo 17S' TO r ..A-L ~ /rJo.D.fq:,t"t~ It'1rcrk'(\' I ~tiiDlqt10 - iQt(b ., J i i I I Ii II " .It' /- f , QUOTE Elm Grove Park Play Equipment New Hope, Minnesota City Project No. 769 File No. 34-05-170 ~()./ljdsca~ 5ffrJc1o~ Quote Due: Wednesday, May 11, 2005, 1:30 P.M., C.S,T. Return to: Vince Vander Top @ Bonestroo Fax Number 651-636-1311 Office Number 651-604-4790 Cellular 651-775-5093 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. UNIT TOTAL ITEM UNIT QTY COST COST 1. Furnish Play Equipment LS 1 $33,142.00 2. Install Play Equipment LS 1 8,960.00 3. Salvage and Reinstall Swing Set LS 1 1,500.00 4. Resilient Surface LS 3,100.00 i' 5. Extended Warranty (paint) LS 1 0.00 --;;'4 ( to z. 6. Existing Equipment Trade-In Value LS 1 (3,915.00) ., (Refer to Section 02860,3,03) Total Quote $42,790.00 ALTERNATE #1 1. Existing Equipment Removal and Disposal LS 0.00 (Refer to Section 02860.3.03) ALTERNATE #2 2. Furnish and Install "Rock Climber" LS 9,385.00 *Submit Quote information consistent with Section 02860.1.05. ., ~~ Company Name;-.--EARL..J;. AND~, INC. ==;-' ~ Signature:~ . \ :^,./ ^ ~ "\> C"'-=-;' _ Printed Name of Signer: BILL BACH Title: SALES CONSULTANT '. THE AMERICAN INSTITUTE OF ARCHITECTS . Premium Amount Based on Final Contract Amount Bond No. 929373560 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural "Where applicable. CONTRACTOR (Name and Address): MINNESOTA /WISCONSIN PLAYGROUND, INC. P.O. BOX 27328 SURETY (Name and Principle Place of Business): WESTERN SURETY COMPANY, GOLDEN VALLEY, MN 55427 P.O. BOX 5077, SIOUX FALLS, SO 57117-5077 OWNER (Name and Address): CITY OF NEW HOPE, 4401 XYLON AVENUE N., NEW HOPE, MN 55428 CONSTRUCTION CONTRACT Date: July 11th, 2005 Amount: FORTY FOUR THOUSAND FOUR HUNDRED TWENTY AND 00/100 $ Description (Name and Location): City Project #769 Elm Grove Park - Play Equipment New Hope, Minnesota 44,420.00 BOND Date (Not earlier than Construction Contract Date): July 11th, 2005 Amount FORTY FOUR THOUSAND FOUR HUNDRED TWENTY AND 00/100$ Modifications to this Bond: [ X] None 44,420.00 [ ] See Page 3 CONTRACTOR AS PRINCIPAL SURETY } (Corporate Seal) COMPANY: (Corporate Seal) .}t YGROUND, WESTERN SURETY .~OMP ANY, /? I /! ~-- ~./P' // i I~A ../,P*.. //'. /1 .,>% .('f./2. ,,' ).Oii" . . ""'//* . ,"(/ /i.1 l." ..~ij///.il . i 1./40, I) Signature: /'; 7/&'$'t. I ~7/vi~/ "- Name ana-Title: I Gary McBride, Attorney-in-Fact (Any additional signatures appear on page 3) OWNER'S REPRESENTATIVE (Architect, or Engineer or other party): N/A FOR INFORMATION ONLY-Name, Address and Telephone AGENT OR BROKER: R.J. AHMANN COMPANY 7555 MARKET PLACE DRIVE EDEN PRAIRIE, MN 55344 (952)941-9452 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AlA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 A 312-1984 1 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. 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 therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 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 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. 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 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: 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. 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 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: 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. 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 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. 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 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. 4.4 Waive its rights to perform and complete, arrange for completion, or obtain a new contractor and with 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 aftter 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 avail- AJA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AlA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, 0.C.20006 THIRD PRINTING. MARCH 1987 A 312.1984 2 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 perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- fonning 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: 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- fonn or otherwise to comply with the tenns 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 perfonn and complete or comply with the other tenns thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Name and Title: Signature: Address: AlA DOCUMENT A312 PERFORMANE BOND AN PAYMENT BOND DECEMBER 1984 3D., AlA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS . Bond No. 929373560 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): MINNESOTA /WISCONSIN PLAYGROUND, INC. P.O. BOX 27328 SURETY (Name and Principle Place of Business): WESTERN SURETY COMPANY, GOLDEN VALLEY, MN 55427 P.O. BOX 5077, SIOUX FALLS, SO 57117-5077 OWNER (Name and Address): CITY OF NEW HOPE, 4401 XYLON AVENUE N." NEW HOPE, MN 55428 CONSTRUCTION CONTRACT Date: July 11th, 2005 Amount: FORTY FOUR THOUSAND FOUR HUNDRED TWENTY AND 00/100$ Description (Name and Location): City Project #769 Elm Grove Park - Play Equipment New Hope, Minnesota BOND Date (Not earlier than Construction Contract Date): July 11th, 2005 Amount: FORTY FOUR THOUSAND FOUR HUNDRED TWENTY AND 00/100 $ Modifications to this Bond: [ X] None 44,420.00 44,420.00 [ ] See Page 6 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) ~~ESOTA fWISCONS~/;PLA.[/ iGROUND, / I /' . j .jl ____ Signaturef: i,/. #KJ,c1p:< Name an' / COMPANY: (Corporate Seal) WESTERN SURETY COMPANY, Signature: Name and-Title: Gary McBride, Attorn (Any additional signatures appear on page 6) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): N/A FOR INFORMATION ONLY-Name, Address and Telephone AGENT OR BROKER: R.J. AHMANN COMPANY 7555 MARKET PLACE DRIVE EDEN PRAIRIE, MN 55344 (952)941-9452 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AlAO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 A312-1984 4 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 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, 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. 3. 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. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor 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 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 ofthe previous written notice furnished to the Contractor. 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 herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this 5. If a notice required by Paragraph 4 is gven by the Owner to the Contractor or to the Surety, that is sufficient compliance. A312-1984 5 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AJAO 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. 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. 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. 15.1 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 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. DEFINITIONS 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. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Attorney-in-Fact AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AlAO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 6 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Richard J Ahmann ill, Gary McBride, Mary Jo Dingwall, Andrew P Krane, Dean R Hildebrandt, Individually of Eden Prairie, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confinned. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 27th day of May, 2005. ~"~:\Rv..' """'~~'" ~tfF -0" ,'\o\. s/!iIQ~~ I?~~,~" ~=i<i (ft)~i -~, . .-: \"'1-..~~A"'/ifj ....r"u'>---.....:\~.. ~~' WESTERN SURETY COMPANY ~~';"Vk'P''';d~' State of South Dakota County of Minnehaha } ss On this 27th day of May, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +~~~~~~~~~~~~~~~~~~~~~~~~+ $ D. KRELL $ r r $~NOTARY PUBLIC~$ r~SOUTH OAKOTA~r r $ + "'Cot c.,. " " "'"c.,........." ",.,.,,,..,,,,,,,,,,,,c.,. + ~ ~P"blk My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11 t h day of J ul y , 2005 \,,""11....."<...._ <>""'c:,\)IlEl1'?< "'<t;--...... 0"- !}jA:.<<-",ol?~XiA i=t(l l'}~J \\\.s~A..,/...t ,+{0(;1i.'ft'':~. ~ WESTERN SURETY COMPANY Cf ~{~~s,,-, Form F4280-0 1-02 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS QF WESTERN SURETY CaMP ANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACKNOWLEDGEMENT OF SURETY State of Minnesota) County of CARVER) On this 11 th day of July, 2005 , before me personally appeared Gary McBride to me known, who, being by me duly sworn, did depose and say: that s/he is resides at OAKDALE. MN, that s/he is the Attorney-in-Fact of WESTERN SURETY COMPANY. , the corporation described in and which executed the annexed instrument; that s/he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that is was so affixed by order of the Board of Directors of said corporation; that s/he signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. ~ CRYSTAL M. ERTL Notary Public Minnesota ,1y Commission Expires January 31, 2010 ACKNOWLEDGEMENT OF CORPORATION State of Minnesota) County of ) On this 11th day of July, 2005, before me personally appeared .J-krv~ ~'11ny- , to me known, who being by me first duly sworn, did depose and say that s/he resides in }-kvv~"" 0v~7 ' that s/he is the LA c { ,Prql~ of MINNESOTA /WISCONSIN PLA YGROUND. INC., the corporation described in and which executed the foregoing instrument; that s/he knows the corporate seal of said corporation, that the corporate seal affixed to said instrument is such corporate seal, that is was so affixed by order and authority of the Board of Directors . corporation, and that s/he signed his/her name thereto by like order and authori . ~~ 'i2lANV'AAMJ\lIJIM/'MMliil 6"".--c:A /'~ I . TODD M. LEHMAN J No ub ic . NOTARY PUBLlC.MINNESOTA My Commission Expires Jan. 31, 2010 'ii!J\I\I'.,N'", \iVI!'JV"'NVVV\N\I\NtfV~lil NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies \vritten by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, P A, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suret;dinsurer deductible. Form F7310 ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP 10 S~ DATE (MMlDDIYYYY) MINNE12 07/12/05 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJ Ahmann Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7555 Market Place Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Eden Prairie MN 55344 Phone: 952-947-9700 Fax: 952-947-9793 jlNSURERS AFFORDING COVERAGE NAIC# INSUREO i INSURER A: Nautilus Ins. Co. ! INSURER 8: Mt. Hawley Insurance Co. Minnesota,Playgroundp Inc. dba INSURER C: Cincinnati Insurance Company ~nnesota Wisconsin layground P.O. Box 27328 INSURER D: Golden Valley MN 55427 i INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRO TYPE OF INSURANCE i POLICY NUMBER i '6l~~'f"r,:;r6'~r}!j)t: i P5'k~1rr~~,'fb'b"~~N LIMITS GENERAL UABIUTY EACH OCCURRENCE S 1,000,000 - A X ~ COMMERCIAL GENERAL LIABILITY BK0010081-0 10/26/04 10/26/05 ~~'O'."\"'=. - i s 50 ,000 PREMISES (Ea occurence) =::::J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) I 5 Excluded PERSONAL & ADV INJURY 5 1,000,000 GENERAL AGGREGATE 52,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG 52,000,000 i pel PRO- nLOC POLICY X i J ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 51,000,000 - B X ANY AUTO CCA6824116 01/20/05 10/26/05 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - 5 SCHEDULED AUTOS (per person) - HIRED AUTOS BODILY INJURY - (Per accident) S NON-OWNED AUTOS - PROPERTY OAMAGE S (per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S :=] ANY AUTO OTHER THAN EA ACe 5 AUTO ONLY: AGG S exCESS/UMBRELLA LIABILITY EACH OCCURRENCE 51,000,000 ~ OCCUR - 10/26/04 10/26/05 C L-J CLAIMS MADE MXL0351745 AGGREGATE 51,000,000 i Excess 5 ~ DEDUCTIBLE Liability S j RETEIWON S 5 \VORKERSeOMPENSATIONAND X ITORYLIMfr'S I iVER- EMPLOYERS' LIABILITY ISSUED BY BERKLEY ApM12/15/04 12/15/05 E.L. EACH ACCIDENT i5 ANY PROPRIETORIPARTNERrcXECUTIVE OFFICERIMEMBER exCLUDED? (MINNESOTA WC) i EL DISEASE - EA EMPLOYEEi S If yes, d...o.scribe under ! E.L DISEASE - POLICY LIMIT i 5 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 exCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Elm Grove Park Play Equipment City Project #769. For this project, the City of New Hope is included as Additional Insured for General Liability on a Primary and Non-Contributory basis as required by contract per form SC2154 (02/03) . (*10 days for premium non-payment) CERTIFICATE HOLDER CANCELLATION CITYN.EW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIL.lTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of New Hope 4401 Xylon Ave North New Hope MN 55428 @ ACORD CORPORATION 1988 ACORD 25 (2001/08) POLICY CHANGES POLICY NUMBER I POLICY CHANGES COMPANY I EFFECTIVE BKOO10081-O I 10J26/2004 Nautilus Insurance Comnan\l NAMED INSURED AUTHORIZED REPRESENTATIVE Minnesota Playground. Inc. ~. .J, .~ a' I . A'~ COVERAGE PARTS AFfECTED Policy Change Number 1 COMMERCIAL GENERAL LIABILITY CHANGES In consideration of an additional premium of S500.00, it is agreed this policy is amended. in part, to include the following effective 10/26/2004: SC-2154 (02-03) - Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization .1 I All other terms and conditions remain unchanged. KHT 121;?1j20lH Includes copyrighted material of Insurance Services Office, fnc. with its permission. SC.1200 (07-00) Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ....~PtJttj(jt;J;t.'i~~$U~E.D7.:O'W:f'4~~~j':L.~S~f:r:S9ft~9rj~$.,.9~$'f: ........ -.'. ,::.:SCHEOULEtrPERSONPFtORGANlZA'tI(QN;: ". - ..' ~ ,'. - . . ~ . _ _: .' ;~","~":.'; '. . . .~'. H'.n".... ,. ..-.'",:,::'~ This endorsement modifies inwrance proVided under the folloWil19; COMMERCIAL GENERAlllA81L1TY COVERAGE PART SCHEDULE I Name of Person or Organization: I "Where required by written contract." Who is An Insured (Section III is amended to include as an insured any person or organization from whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such parson or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. Includes copyrighted material of Insurance Services Office, Inc. with its permission. SC-2154 (02-O3) Page 1 of 1 &>rac Minnesota Workers' Compensation Assigned Risk Plan Standard Workers' Compensation and Employers' Liability Policy Contract Administrator Berkley Risk Administrators Company, LLC P.O. Box 59143 Minneapolis, Minnesota 55459-0143 Phone (612) 766-3000 NCCI Carrier Code 21466 CERTIFICATE OF INSURANCE Berkley Risk Administrators Comparr/. llC 1. The Insured: ~,,~innesota Playground Inc Policy Number: WC-22-04-106294-04 Association File Number: 0895318 PO Box 27328 Golden Valley, MN 55427 Tax ID#: F 411382118 UIC #: 1737956000 Policy Period: From: 12/15/2004 To: 12/15/2005 Date of Mailing: 7/13/2005 The Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the Policy listed below. This is to certify that the Policy of Insurance described herein has 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 Policy described herein is subject to all the terms, exclusions and conditions of such Policy. Part One Workers' Compensation Statutory Part Two Employers' Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease $1,000,000 each accident. $1,000,000 policy limit. $1,000,000 each employee. Should the above Policy be canceled before the expiration date thereof, the Company will endeavor to mail 30 days written notice to the below named Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company. Certificate Holder's Name and Address: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Aqencv Name and Address Ahmann RJ Company 7555 Market Place Dr Eden Prairie, MN 55344 ~~~,. GORDON L. JENSEN! CLARISSA M. KLUG GLEN A. NORTON AMY E. PAPENHAUSEN STEVEN A. SONDRALL ARIc T. STIENESSEN STACY A. WOODS OF COUNSEL LoRENS Q. BRYNESTAD IReal Property Law Specialist Certified By The MinnesOla State Bar Association JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEF.~'( (763) 493-5193 e-mail law@jensen-sondrall.com Writer's Direct Dial No.: (763) 201-0211 e-mail sas@jensen-sondrall.com July 18, 2005 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Elm Grove Park Play Equipment Contracts New Hope City Project No. 769 Our File No. 99.10030 Dear Val: Enclosed are the following documents in connection with the referenced project: 1. Four (4) short-form Contracts with Minnesota Playground, Inc.; 2. ACORD 25 Certificate of Liability Insurance; 3. Certificate of Insurance/Minnesota Workers' Compensation Assigned Risk Plan; and 4. Performance Bond and Payment Bond in the amount of $44,420.00 with attached Power of Attorney and Acknowledgement of Surety. The Contracts can now be signed by the Mayor and City Manager and distributed in accordance with the City's policy. Send the contractor the copy they forgot to sign. Please return a copy of the Contract for my file. Also, keep the Performance and Payment Bonds in the City's file. I am assuming you have the original ACORD Certificate of Liability Insurance and the BRAC Minnesota Workers' Compensation Assigned Risk Plan Certificate of Insurance. The documents are in order from a legal perspective. Contact me if you have any questions or comments regarding the enclosed documents or the content of this letter. Very truly yours, ~--- .::.~ ~-, Steven A. Sondrall, City Attorney, City of New Hope Enclosure( s) cc: Daniel J. Donahue Guy Johnson Vince Vander Top P:\Anomey\SAS\l Client Files\2 City of New Hope\99.10030 (Public Works general)\Val Ltr Sending Contracts.doc July 28, 2005 Mr. Harlan Lehman Minnesota Wisconsin Playground, Inc. PO Box 27328 Golden Valley, MN 55427 SUBJECT: ELM GROVE PARK PLAYGROUND EQUIPMENT (IMPROVEMENT PROJECT NO. 769) Enclosed are two fully executed contract documents for New Hope Project No. 769. One set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on May 23, 2005, for $44,420. Also enclosed is change order no. 1 for a $1,000 credit - the change order was approved at the Council Meeting of July 25. Also enclosed is a "Withholding Affidavit for Contractors" (lC-1 34 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Shari French, Director of Parks and Recreation, at 763-531-5152. Sincerely, ~y' f (JJt1J)/lL- Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Vince VanderTop, Assistant City Engineer (File No. 34-05170-0) Shari French, Director of Parks and Recreation CITY OF NEW HOPE 4401 Xylon Avenue North · New Hope, Minnesota 55428-4898 . vvww. 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 ELM GROVE PARK PLAY EQUIPMENT CITY PROJE'CT #769 For valuable consideration as set forth below, this contract dated the A3 made and signed by the City of New Hope (hereinafter "OWNER") and /nl7 i/U/sc flla'(J m"Ui1li,. IYtc (hereinafter "CONTRACTOR"). 1. CONTRACT DOCUMENTS day of lYlai' 2005, is 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 $44,420 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 30TH day of September, 2005. Total amount of this contract shall not exceed $44,420. 4. COMPLETION DATE CONTRACTOR shall complete his performance under this Contract by the 30TH day of September, 2005 (hereinafter "Completion Date"). 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 $1,000,000.00 c. Workman's Compensation: Statutory Amounts 34-05-170 Basic 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. 34-05-000 Basic 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 f!O.&'1i ;q73/Afl 0(JlCUJ1.. ()~.Jleu Inn &:j~'f;;l7 . I I The address of the OWNER for purposes of giving notices and any other purpose under this contract shall be.4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is # J~Cl.r-" h--e I) U, 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 CONTRACTOR 1/1/:- ;147 jjOV~,J; ~(. i/ '1.1~,~_2---~ fJit,vfP- Its Representative By 34-05-000 Basic Contract Contract Page 4 STATE OF MINNESOTA ) ) ss. ) COUNTY OF HENNEPIN foregoing was acknowledged before me this d -'j- day of ~ 'l.{j ,2005, by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and City Manage .: resp ctively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE LEONE NOTARY PUBLIC - illNNESOTA My Commission Expires j1 201 n ku~ ~YLL Notary Public STATE OF MINNESOTA ) ) ss. ) COUNTY OF HENNEPIN TODD M. LEHMAN NOTARY PUBLIC-MINNESOTA My Commission EXjliresJan. 31, 2011l Il1 N\'~ll!l ! ':) day of i:1::J1-nYyV of The_foregoing was acknowledged before 1+v. on this j' ill'1 ,2005, by J.A"'> M. h""'",-.l'i'4 RL...~ /".,:.1..,~ ,r,./{ . I -" ~ II 34-05-000 Basic Contract ACORDN CERTIFICATE OF LIABILITY INSURANCE OP ID S~ DATE (MMlDDNYYY) MINNE12 10/10/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJ Ahmann Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7555 Market Place Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Eden Prairie MN 55344 Phone: 952-947-9700 Fax:952-947-9793 INSURERS AFFORDING COVERAGE NAlC # INSURED INSURER A: Nautilus Ins. Co. INSURER B: Scottsdale Ins.Co. Minnesota Playground, Inc. dba INSURER C: Cincinnati Ins.Co. Minnesota~Wisconsin Playground P.O. Box 7328 INSURER D: Golden Valley MN 55427 INSURER E: I 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN:>K jAUu'l.i L TR INSRQ TYPE OF INSURANCE I GENERAL LIABILITY A ! X COMMERCIAL GENERAL LIABILITY BKO 010081- 01 I CLAIMS MADE ~ OCCUR ! i I ! POLICY NUMBER 10/26/05 10/26/06 LIMITS 1$1,000,000 PREMISES (Ea occurence) $ 50, 000 MED EXP (Anyone person) ,$ Exc 1 uded PERSONAL & ADV INJURY 1$ 1,000,000 GENERAL AGGREGATE $ 2, 000, 000 PRODUCTS. COMP/OP AGG 1 $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY !xl f~8T nLOC AUTOMOBILE LIABILITY B X ANY AUTO CCA6824116 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS I i GARAGE LIABILITY r--l W ANY AUTO I , EXCESS/UMBRELLA LIABILITY C OCCUR n CLAIMS MADE BINDER 10/26/05 COMBINED SINGLE LIMIT I $ 1, 0 0 0 , 0 0 0 10/26/06 {Ea accident} BODILY INJURY (Per person) $ $ 1$ 10/26/05 10/26/06 DEOUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDEO? If yes, describe under SPECIAL PROVISIONS below OTHER ISSUED BY BERKLEY (MINNESOTA WC) I ADH12!15/04 I 12/15/05 E.L. EACH ACCIDENT S E.L. DISEASE. EA EMPLOYEE $ E.L. DISEASE. POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / ~PECIAL PROVISIONS Project: Elm Grove Park Play Equipment City Project #769. For this project, the City of New Hope is included as Additional Insured for General Liability on a Primary and Non-Contributory basis as required by contract per form SC2154 (02/03). (*10 days for premium non-payment) CERTIFICATE HOLDER CANCELLATION CITYNEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A City of New Hope 4401 Xylon Ave North New Hope MN 55428 @ACORD CORPORATION 198 ACORD 25 (2001/08) COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Parks and Recreation November 14, 2005 Agenda Section Development and Plannin Item No. By: Shari French By: 8.2 Resolution approving change order no. 2 For Elm Grove Park (Improvement Project #769) for $4,900 REQUESTED ACTION Staff requests that council approve change order #2 for Elm Grove Park play equipment (improvement project 769). BACKGROUND On May 23, 2005 a contract with Minnesota Wisconsin Playground, Inc. was approved for new play equipment for Elm Grove Park. The original amount of the contract with Minnesota Wisconsin Playground, Inc. for the Elm Grove Park play equipment project was $44,420. On July 25, 2005 the Council approved Change Order No. 1. The dollar amount of that first change order was a savings of $1,000. The revised contract amount became $43,420.00. Change order #2 is for installation of fabric and sand. Originally this was omitted from the original quote for the equipment. Quotes were obtained from two contractors with MN WI Playground, Ine. providing the lowest quote for fabric and sand. (DMJ's quote was $14,000; they are the contractor awarded the 2005 Street, Park, and Utility Infrastructure Project.) With change order #2 the contract amount with Minnesota Wisconsin Playground, Inc. will become $48,320.00. ATTACHMENTS The change order is attached. FUNDING Funding for this project is available through the Park Dedication Fund. MOTION BY 1/ C/t.1' ('I. i I > -:::... I) f //,.../, ",. u./ V SECOND BY TO: 1:\RFA\P&R\PARKS\R-769 Change Order No. 2.doc CITY OF NEW HOPE RESOLUTION NO. 05- 151 Resolution approving change order no. 2 For Elm Grove Park (Improvement Project #769) for $4,900 WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and/or projects listed therein; and WHEREAS, the funds for this equipment have been provided within the Park Dedication Fund; and WHEREAS, the City Council of the city of New Hope authorized a contract in the amount of $44,420 to Minnesota Wisconsin Playground, Ine. for project 769 on May 23, 2005; and WHEREAS, after the contract was awarded it was determined that a change was desired to enhance the accessibility of the design for play equipment for Elm Grove Park; and WHEREAS, change order #1 in the amount of ($1,000) was approved on July 25, 2005; and WHEREAS, after that change was awarded it was determined that a second change became necessary to provide fabric and sand to the project; and WHEREAS, Minnesota Playground Inc. was the low quote for the second needed change. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of New Hope approves change order number 2 in the amount of $4,900 to the contract with Minnesota Wisconsin Playground, Inc. as part of Improvement Project number 769 (Elm Grove Park Upgrade) which includes furnishing and installing fabric and sand to the play area; bringing the contract amount to $48,320. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of November, 2005. 1l!~ Mayor . Attest ~~ City Clerk 1:\RFA\P&R\PARKS\R-769 Change Order No. 2.doc n Bonestroo ~ Rosene 1i\iI Anderlil< & ~ \j" Associates Engineers & Architects 2335 West Highway 36 · St. Paul, MN 55113 Office: 651-636-4600 · Fax: 651-636-1311 www.bonestroo..com November 8, 2005 Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Elm Grove Park Play Equipment, City Pr~ject No. 769 Change Order #2 Recommendation BRAA # 000034-05170-0 Dear Shari: Find enclosed Change Order #2. The extra work included in this change order involves the supplying and installation ofthe play area sand and fabric used to separate the sand and the underlying clay. This work was originally part of the play equipment contract It was deleted prior to the bidding in attempt to keep the contract amount under $50,000 and allow an invitational bids process to be used. Pr~ject timelines did not allow the work to be added to the 2005 Street, Park and Utility Improvements project prior to bidding. Two contractors submitted costs that would be charged to complete the work. OM] Corporation quoted $14,000 to complete the work; MN/WI Playground quoted $4,900. MN/WI Playground completed the work for the $4,900 quoted. Including this cost in the contract keeps the total cost below $50,000 and therefore in accordance with regulations regarding the invitational bids process. We recommend Council approve Change Order #2 at the November 141h Council meeting. This would change the total contract amount from $43,420 to $48,320. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INe. ~~ Jason Quisberg Enclosure · St. Paul, St. Cloud, Rochester, MN · Milwaukee, WI · Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned f f1 J Bonestroo R Rosene "1\11 Anderlil< & " \J. Associates Engineers & Architects Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date October 31, 2005 Contractor: Minnesota/Wisconsin Playground, 5101 Hwy. 55. Suite 6000, Golden Valley, MN 55422 Bond Company: Bond No: CHANGE ORDER NO. 2 ELM GROVE P ARK. PLAY EQUIPMENT CLIENT PROJECT NO.769 BRA FILE NO. 000034-05170-0 Description of Work Installation of Fabric and Sand The play area material, sand, was eliminated from the original quote in attempt to keep costs under the $50,000 max.imum amount for invitational quotes. The current contract price for the project is $43,420. The contractor has agreed to furnish and install the play area sand, along with the fabric used to separate the materials, for $4,900. This will keep the total project cost under the maximum allowable amount for invitational quotes. Contract Unit Total No. Item CHA1'lGE ORDER NO.2 Unit Quantity Price Amount FURi'HSH Ac".'D INSTAl-L PLAY AREA SA1'\'D Ai"lD FABRlC TOTAl- CHAJ'IGE ORDER NO.2: LS $4,900.00 $4,900.00 $4,900.00 3405170CH02.xls Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $44,420.00 ($1,000.00) $4,900.00 $48,320.00 CHAl~GE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for [mal Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, Ai~DERLIK & ASSOCIATES, INC. v~~ Date: /tJ-3/- tJS Approved by Contractor: MINNESO~r.. ISCO~. IN PLAYGROUND /lv~ ~ .II- / Lj -Q5~- /0' )/- Or Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 3405 1 70CH02.xls November 17, 2005 Minnesota/Wisconsin Playground 5101 Hwy. 55, Suite 6000 Golden Valley, MN 55422 Subject: Change Order No.2 - Project No. 769 (Elm Grove Park Play Equipment) 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 is $4,900. This change order was approved by the New Hope City Council at its meeting of November 14, 2005. Sincerely, -.....Y54/; /'- j'-'\" .r->. / I V -1;,' /'~ Valerie Leone, CMC City Clerk Enc. cc: Shari French, Director of Parks and Recreation Vince Vander Top, Assistant City Engineer (BRAA #34-05170-0) 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. roD: 763-531-5109 City Hall Fax: 763-531-5136. Police Fa,'(: 763-531-5174. Public Works Fax: 763-592-6776 COUNCIL Ilk!, '-I REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Parks and Recreation \ February 27, 2006 Consent Item No. By: Shari French By: 6.11 Resolution Approving Final Payment Request to Minnesota/Wisconsin Playground, Inc for Elm Grove Park Improvement Project (Improvement Project 769) Requested Action Staff recommends that the City Council approve a resolution to accept the Elm Grove play equipment project (#769) and authorize final payment to Minnesota/Wisconsin Playground, Inc., in the amount of $7,489.00. Background On May 23, 2005 a contract with Minnesota Wisconsin Playground, Inc. was approved for new play equipment for Elm Grove Park. The original amount of the contract was $44,420. On July 25, 2005 the City Council approved Change Order No. 1. The dollar amount of that first change order was a savings of $1,000. The revised contract amount became $43,420.00. Change order #2 was approved on November 14, 2005 and was for installation of fabric and sand. With change order #2 the contract amount with Minnesota Wisconsin Playground, Inc. became $48,320.00. Funding Funds for this project are available from the Park Infrastructure Fund. Attachments Attached are the resolution and a copy of the engineer's memorandum recommending the acceptance of the project and the final pay request. The IC-134's have been submitted. MOTION BY '--Il~ . ;, ! I L{~-t!u SECOND BY )Jry;uL \j L/ f; _ J .r' / . TO: a.tU!f1vt i7.fl:J () {,;; 4 L t 1:\RFA\P&R\PARKS\R-769 final out.doc City of New Hope Resolution No. 06-42 Resolution Approving Final Payment Request to Minnesota/Wisconsin Playground, Inc for Elm Grove Park Improvement Project (Improvement Project 769) WHEREAS, the city has entered into a contract with Minnesota/Wisconsin Playground, Inc, for the installation of play equipment at Elm Grove Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 769 and approve final payment to Minnesota/Wisconsin Playground, Ine., in the amount of $7,489.00; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Minnesota/Wisconsin Playground, Ine. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the installation of play equipment at Elm Grove Park, improvement project #769 from Minnesota/Wisconsin Playground, Inc. 2. That the city manager is hereby directed to authorize the final payment of $7,489.00 to Minnesota/Wisconsin Playground, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 27th day of February 2006. Attest: ~ /;z{;,/~ City Clerk (/# tal '-r- ttvU ~ ~ tyayor ~ 1:\RFA\P&R\PARKS\R-769 final out.doc JL]J Bonestroo I!II:llIlI Rosene 11\11 Anderlik & '1 \I, Associates Engineers & Architects 2335 West Highway 36. St. Paul, MN 55113 Office: 651-636-4600 · Fax: 651-636-1311 www.bonestroo.com February 17,2006 Shari French City of New Hope 4401 Xylon Avenue North NewHope,1f.N 55428 Re: Elm Grove Park Play Equipment, City Project No. 769 Final Payment Recommendation BRAA # 000034-05170-0 Dear Shari: Find enclosed the signed [mal pay request, documentation of the extended paint warranty, and the necessary IC-134 form for the abovementioned project. All work has been completed and the appropriate documentation submitted. The revised contract amount is for $48,320. Final payment is for $7,489, giving a total project cost, equal to the budget, of $48,320. We recommend Council approve the request for final payment in the amount of$7,489. Please feel free to call me at 651-604-4938 if you have any questions. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. ~~ Jason Quisberg Enclosure · St. Paul, St. Cloud, Rochester, MN · Milwaukee, WI · Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned MINNESOTA Department of Revenue Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. IC-134 Please type or print clearly. This will be your moiling label for returning the completed form. ir-----------------\ Company name ~) : Add,~11V Al FSC1)il- fh4; ~"'!2o 'LiVe : 176')1 l---v' 0 Q1 [.> 2 7 J 2-f5 I $ qC! Y1~O I City ,( State Zip Code, I An:aun{ ftill due "- ~l' ~ BJ -tkLL1; J1-.!.~ _D'"Y ~ /_ _ ./ $Ljt/, if '2-0 Daytime phone 51([., - 7)J7 Total contract amount i Minnesota withholding tax ID number ')9 J- CJ 2- CJ 1<<fIJ- Month/year work began SOT 2.c/() s----- i Month/year work ended 0' C/I 7. ",er) Project number Project location cZn Address /6C/ G~OL-"~ ~It , Project owner J . I C J \;-- J &1 )Vf51-J) t Did you h ve emh>yees w~rk on'thi City )J}:-w J-hl'r' ( ... t:5 (II State Zi p code LJoJ 'X ,,}C)"/ J4L/c )J 'Yes '0 No' Ifio, who did the work? 1)-1 t.J S-rY'-') Check the box that describes your involvement in the proiect and fill in all information requested. Jxl Sole contractor o Subcontractor contractor you Address o Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own 1C-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified 1C-134. If you need more space, attach a separate sheet. o Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval Date OCT 2 8 2005 Stock No. 5000134 (Rev. 11/96) Printed on recycled paper with 10% post.-consumer waste using soy-based ink. Instructions for Form IC...134 Who must file? If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions - such as a county, city or school district - you must file Form IC-134 with the Minnesota Department of Revenue. This affidavit must be certified and rehlrned before the state or any of its subdivisions can make final payment for your work. When to file The IC-134 cannot be processed lmtil you finish the work. If you send it in for certification before the project is completed, it will be returned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when you have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of your subcontractors. H@w t@file If you have fulfilled the requirements of Minnesota withholding tax laws, the Department of Revenue will sign your affidavit and rehlrn it to you. If any \vitl1holding payments are due to the state, Milmesota law requires that payment be made by money order, cashiers check, certified check or cash (M.5. 290.97). Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. Are you a prime contractor and a subcontractor on the same proiect? If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contractor as well. Fill out both the subcontractor and prime contractor areas on a single form. Where to file Mail to: MN Dept. of Revenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146-6610 Minnesota tax 10 number You must fill in your Mumesota withholdu1g tax ID number on the form. You must have a Minnesota tax ID number if you have employees who work in Milmesota. If you do not have a MiImesota 10 number, you must apply for one. Call (612) 282-5225 or 1-800-657- 3605. Or write to the following address to request an application (Form ABR). Milmesota Tax Forms Mail Station 1421 St. Paul, MN 55146-1421 If you have no employees and did all the work yourself, you do not need a Minnesota tax ID number. If this is the case, fill U1 your Social Security number in the space for Minnesota tax ID number and explain who did the work. Use of information The Department of Revenue needs all the information, except your phone number, to determine if you have met all state income tax withholding requirements. If all required information is not provided, the IC-134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law. Information and assistance If you need help or additional information to fill out this form, call (612) 282-9999 or 1-800-657-3594. Hearing, speech or visually impaired? TOO /TTY users may contact the department through the Mumesota Relay Service. Call 1-800- 627-3529. If you need u1formation iI1 an alternative format, such as Braille, large pru1t or audio tape, we will provide it. To get more Ie> 1 34 forms If you need more IC-134 forms, call (612) 296-4444 or 1-800-657-FORtvL Or write to: Milmesota Tax Forms Mail Station 1421 St. Paul, MN 55146-1421 HB, -' [HJi~ "Cf,' I _ ~ 1 0 J'.. 9:03 AM MN. WI PLAYGROUND FAX NO, 71335465050 p, 1 J[}j Bonestroo II::. Rosene ~ Anderlik & ~ \J ~ Associates Engineers & Ar(;hite:ct~ 2335 West Highway 36 · St Paul. MN 55113 Office: 651-636-4600 · Fax: 651-636-1 311 www.bonestroo.com February 3, 2006 Re: City of New Hope Elm Grove Park Play Equipment City Project No. 769 BRA #000034-05170-0 'Warranty Agreement The warranty coverage for the play equipment installed in Elm Grove Park is in accordance with the contract documents for the abovementioned project. The optional extended warranty for the paint has been accepted and will be covered for the fu1lIS years in accordance with the specifications. All warranty coverage terms shall commence upon receipt of a signed copy of this form. The contractor responsible for supplying and installing the play equipment in accordance with the project specifications is MNIWI Playground. The signature below represents acceptance of the warranty terms presented here and in the contract documents. riL vI fife> Position 1J... - 10" o?:> Date MNfWI Playground Representative . St. Paul, St. Cloud, Rochester, MN · Milwaukee, WI · Chicago, IL Afflrma~lve ActlonJEQllal Opporlunlty Employer and Employee Owned J1j Bonestroo -=- Rosene 1i1 Anderlik & . ~. Associates Engineers & Architects e, MN 55428 Date: Februa 17,2006 Owner: Cit For Period: Contractor: 1/10/2006 to 2/17/2006 Re uest No: 3 AND FINAL Minnesota/Wisconsin Pia round, 5101 H . 55, Suite 6000, Golden Valle ,MN 55422 CONTRACTOR'S REQUEST FOR PAYMENT ELM GROVE PARK PLAY EQUIPMENT BRA FILE NO. 000034-05170-0 CITY PROJECT NO. 769 SUMMARY 1 Original Contract Amount $ 44,420.00 2 Change Order - Addition $ 4,900.00 3 Change Order - Deduction $ 1,000.00 4 Revised Contract Amount $ 48,320.00 5 Value Completed to Date $ 48,320.00 6 Material on Hand $ 0.00 7 Amount Earned $ 48,320.00 8 Less Retainage 0% $ 0.00 9 Subtotal $ 48,320.00 10 Less Amount Paid Previously $ 40,831.00 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 AND FINAL $ 7.489.00 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. ~~ Approved by Contractor: MINNESOTAlWISCONSIN PLAYGROUND C~ ,~\<,G.~ (G,,;( ~.\%( . I . 0 Approved by Owner: CIJ'YBF NEW HOPE ,/ /11 /J F e Specified Contract Completion Date: Date: ')/'J'FJ /..' . c;:-.. ~> '~{j,l/ () (.-:; I i 3405170REQ3FinaLxls Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 FURNISH AND INSTALL PLAY EQUIPMENT LS 35120.00 $35,120.00 2 RESILIENT SURFACE LS 2360.00 $2,360.00 3 EXTENDED WARRANTY (PAINT) LS 5340.00 $5,340.00 4 EXISTING EQUIPMENT REMOVAL AND DISPOSAL (REFER TO SECTION 02860.3.03) LS 1600.00 $0.00 Total BASE BID: $42,820.00 CHANGE ORDER NO.1 1 DELETED EQUIPMENT REMOVAL LS -1600.00 $0.00 2 SUPPLY AND INSTALL SPIRAL SLIDE HANDRAILS LS 600.00 $600.00 Total CHANGE ORDER NO.1 $600.00 CHANGE ORDER NO.2 1 FURNISH AND INSTALL PLAY AREA SAND AND FABRIC LS 4900.00 $4,900.00 Total CHANGE ORDER NO.2 $4,900.00 Total BASE BID: Total CHANGE ORDER NO.1 Total CHANGE ORDER NO.2 $42,820.00 $600.00 $4,900.00 TOTAL WORK COMPLETED TO DATE $48,320.00 3405170REQ3Final.xls PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 769 BRA FILE NO. 000034-05170-0 CONTRACTOR MINNESOTA/WISCONSIN PLAYGROUND CHANGE ORDERS No. Date Description Amount 1 7/20/2005 This Change Order provides for revisions and adjustments on this project. See Change Order. -$1,000.00 2 10/31/2005 This Change Order provides for adjustments to this project. See Chanqe Order. $4,900.00 Total Change Orders $3,900.00 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 10/03/2005 10/21/05 33,934.00 1,788.00 35,722.00 2 10/22/2005 01/09/06 6,897.00 2,149.00 42,980.00 3 AND FINAL 01/10/2006 02/17106 7,489.00 48,320.00 Material on Hand Total Payment to Date $48,320.00 Oriqinal Contract $44,420.00 Retainaqe Pay No. 3 AND FINAL Chanqe Orders $3,900.00 Total Amount Earned $48,320.00 Revised Contract $48,320.00 3405170REQ3Final.xls Bonestroo IIIiICfII Rosene "" Anderlik & . \J. Associates Engineers & Architects 2335 West Highway 36 · St. Paul, MN 55113 Office: 651-636-4600 · Fax: 651-636-1311 ~ U..J1UVLiUXif ill-fV -h (vJuV'c.- ~Od d- (J -:=::::====- www.bonestroo.com fS~~~fQ) ;! ,... February 3, 2006 Re: City of New Hope Elm Grove Park Play Equipment City Project No. 769 BRA #000034-05170-0 Warranty Agreement The warranty coverage for the play equipment installed in Elm Grove Park is in accordance with the contract documents for the abovementioned project. The optional extended warranty for the paint has been accepted and will be covered for the full 15 years in accordance with the specifications. All warranty coverage terms shall commence upon receipt of a signed copy of this form. The contractor responsible for supplying and installing the play equipment in accordance with the project specifications is MNIWI Playground. The signature below represents acceptance of the warranty terms presented here and in the contract documents. // /J ~/ (I ~ X____ / tV',,- ~ MN/WI Playground Representative V{ J<; k., Position '%,-/0-01,;; Date · St. Paul, St. Cloud, Rochester, MN · Milwaukee, WI a Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned J1j &t;;t'~b'iU<&1 ___ F,):)~1fe" 171 hli"..~~ \.11 ~alX!S ~~~,;)~ ADDENDUM NO.1 For ELM GROVE PARK PLAY EQUIPMENT CITY PROJECT NO. 769 FILE NO. 000034-05170-0 NEW HOPE, MINNESOTA May 4, 2005 Number of Pages ~ (includes this sheet) To: All Planholders of Record From: Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604--4790- Vince Vander Top, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo & Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date 000034-05170-0 Al-l ADDENDUM NO. I CONTRACT - COMPLETION DATE 1. The Completion Date will be changed from May 27th, 2005 to September 30, 2005. The actual start time will be dictated by the progress of work by others on the site. It is anticipated that the work will commence late Mayor later. SECTION 2860 - PLAYGROUND EQUIPMENT 1. ADD the following in Section 2986.2.01.A.2: 2. If Alternate #1 - Furnish and Install "Rock Climber" is not awarded with the project, a "Climbing Pole" (Loop Pole 123538) is to be installed in place of the "Rock Climber." The furnishing and installation of the "Climbing Pole" shall be included in the Base Quote. The unit price for Alternate #1 shall include the additional cost for substituting a "Rock Climber" in place of a "Climbing Pole." 2. ADD the following in Section 2860.3.01.D: D. Upon com'pletion of the play equipment installation, the Contractor will schedule and complete an on-site audit by the equipment manufacturer. The Manufacturer will review the installation to confirm that it is installed per manufacturer's specifications. Any deficiencies in the installation will be identified in writing to the Owner. Corrections will be completed by the Contractor and reviewed by the Manufacturer to confirm that the installation meets the manufacturer's installation requirements and warrantee requirements before payment is made to the Contractor. END OF ADDENDUM 000034.05170.0 AI-2 ADDENDUM NO. I