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IP #834PROJECT NO. 834 Victory Park Softball field Res. 07-118 8/13/07 Continued discussion regarding options for improvement at Victory Park Softball field (improvement project 834). Option A from Nord Excavating $26,360.50) Voted against: Sommer Res. 07-144 9/27/07 Resolution authorizing the appropriation of funds of $8,100 for fencing for the Victory Park Ballfield project by Modern Fence & Construction, Inc. (improvement project no. 834) Res. 07-164 11/13/07 Resolution approving final pay request to Modern Fence & Construction, Inc. for Fencing installation for the Victory Park Ballfield Improvement Project (improvement project no. 834) Res. 07-184 12/10/07 Resolution approving final pay request to Nord Excavating, Inc. for grading work for the Victory Park ballfield improvement project (improvement project no. 834) COUNCIL Request for Action Originating Departments Approved for Agenda Parks and Recreation August 13,2007 Agenda Section Development & Planning Item No. 8.4 By: Shari French By: Continued discussion regarding options for improvement at Victory Park Softball field (Improvement Project 834) Requested Action Staff requests that the city council continue their discussion regarding the two options presented at the August 6 work session for the dirt work and grading portion of the Victory Park softball field project. Staff further requests a motion awarding the quote to the lowest responsible quote based on which option is selected. This will allow for the project to be undertaken and completed this fall. The attached resolution would then require completion based on council action this evening. A summary of quotes received is attached. The lowest responsible quotes received for each option for the dirt work and grading are as follows: Option A: $26,360.50 from Nord Excavating, Inc. Option B: $37,362.50 from Final Touch Excavating The plan is divided into two parts: grading and dirt work, and fencing. Separating the '''lork will allow the improvements to be completed in a timely manner and have the contractors complete work in their areas of expertise. The grading and dirt work portion of the project was quoted with two options. Option A corrects the swale in center field only and option B corrects the swale and raises the elevation in right field providing a uniformly graded outfield. Cow1cil will need to discuss the benefits and costs of the two options. Option A is lower in cost while Option B provides a higher quality field. Both options provide a safe field. Staff and engineers "vill coordinate the selected option and other project work. The second part of the project is fencing. The estimate for the fencing work depends on which option is selected w1der the grading part of the project. Engineering estimates for the fencing work are $8,400 for o tion A and $19,375 for 0 tion B. The Ian calls for fencino- to be installed once the o-radino- is com leted. Motion by 7ll}./'ie Second by To: /' (! '07:" '-;J, yVVl.fi./L _ I:\RFA \ P&R \ PARKS \ Q-834 Victory Quotes for Grading and Dirt Work.doc Background Discussion by the city council occurred regarding the Parks and Recreation CIP program on March 19, 2007, on April 16, 2007 and on April 23, 2007. Initially discussion regarding a project at Victory Park centered on City staff doing the necessary grading and dirt work for this project. After a discussion at the April 23, 2007 council meeting, the direction was to obtain quotes for outsourcing the work. A plan was written by the engineers and quotes were received August 2nd. Discussion at the August 6, 2007 council work session concluded with direction to bring both options for the dirt work and grading back tonight for more discussion and award of a contract for the lowest responsible quote for the chosen option. Victory Park was built in 1991 in a wetland area on what is more than likely peat soils. This is the first time that corrective work has been recommended due to settling which occurred over the past 16 years. The park was built as a second lighted athletic field complex for the city for use by both children and adults. The softball field is used by adult teams that play in the New Hope Park and Recreation sponsored summer and fall leagues. In addition to Victory Park these adult teams also use Lighted Field, Northwood, Lions, and Begin parks. Over the past five years the city has averaged 79 teams combined for the summer and fall adult leagues. Many of the players live in New Hope. The teams in this program pay all the direct costs including umpires and seasonal supervision costs, field attendant costs, equipment, supplies, league registration fees, tournament fees, trophies, and state mandated sales tax. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) The plans are attached. The summary sheet of all the quotes received for the grading and dirt work is attached. Council minutes from previous discussions regarding this project are also attached. I:\RFA \P&R \PARKS\Q-834 Victory Quotes for Grading and Dirt Work.doc City of New Hope Resolution No. 07-118 Resolution authorizing the project and appropriation of funds for the grading and dirt work for the Victory Park Softball field (Improvement Project 834) 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 Parks and Recreation Department recommends the grading and dirt work improvements for the Victory Park Softball field through Option A or Option B; and WHEREAS, the funds for this project have been provided within the Park Infrastructure Fund for the Parks and Recreation Department, by use of the annual levy. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Minnesota, to approve Option A and that the appropriation of $26.360.50 for payment to Nord Excavating Inc. from the Parks Infrastructure Fund account is authorized and the 2007Parks operating fund budget is hereby amended. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of August, 2007. Attest '7'fuuj~:{;u City Clerk 1lLI1AlJ ---~ Mayor I: \ RFA\P&R\PARKS \ Q-834 Victory Quotes for Grading and Dirt Work.doc .it- 1,- CJ o :::s m V1 1""'+ a o tJ:J _II c:L c:L ro ~ l/'l .... _II l/'l ,...-+ (') D -. C ..-+ -00 '< ..... ..-+ ~ -0.2. ro o a ro CJ (D' (D'!4 C !4(')!42ro 2 (0' 2 OJ ~ o :::::l 0 3 ..-+ :. !"'"!' :. ~ ~ CO(')O<-l W -. 0 -. :::J -/:::.-<to!4c ooot;:; -+-. W -< 0.. 27--oOJ ro 0 OJ '::< ~-.....J.....)> N^"" :r:ococ o 0 OJ LO -0 I = ~ roo.,..-+ -. N ro ~ 0.. 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U100WOOO..t::..-r-.J 0 OO-OOU1-..JNOW '" 0000000000"\ 0 OONOOOU,i...nO~ 0 OO~OOOOON 0 OOU'lOOOOOOU1 0 OOU100000U"l COUNCIL Request for Action Originating Departments Approved for Agenda Agenda Section Parks and Recreation August 6, 2007 Work Session Item No. By: Shari French 11.3 By: Discussion regarding Victory Park Ballfield Project if t 3 + Requested Action Staff requests that the city council discuss quotes received for the Victory Park ballfield project. Because the quotes are due August 2nd they are not available for this packet but will be shared on Monday evening, The plan was divided into two parts, dirt work and fencing. The project was further broken down into options with option A dealing with the swale in center field and option B dealing with both the swale and the raising of the elevation in right field, If the City Council is interested in proceeding with this project the quotes for the dirt work portion of the project would be brought forward to the August 13 meeting for approval. Staff and engineers would serve in the role of general contractor for this project. Background Discussion occurred regarding the Parks and Recreation CIP program on March 19, 2007, April 16, 2007 and April 23, 2007. Initially discussion centered on city staff doing the necessary grading for this project. After a discussion at the April 23, 2007 council meeting, staff understood that the direction was to obtain quotes for outsourcing the work. A plan was written by the engineers and quotes received August 2nd. Victory Park was built in 1991 in a wetland area on peat soils. This is the first time that corrective work has been recommended due to settling over the past 16 years. The park was built as another lighted athletic field complex for the city for both children and adults, The softball field is used by adult teams that play in New Hope Park and Recreation sponsored summer and fall leagues. In addition to Victory these adult teams also use Lighted Field, Northwood, Lions, and Begin parks. Over the past five years the city has averaged 79 teams combined for the summer and fall adult leagues, Many of the players live in New Hope but many do Motion by Second by To: '1 Ub;}:.J ILt1 tGUi/ J I: \ RF A \ P&R \ PARKS \ Q-Discussion re Victory project Aug 6 work session,doc not. All non-resident players pay an additional $10 per player fee. The participating teams in this program pay all direct costs including umpires and seasonal supervision costs, field attendant costs, equipment, supplies, league registration fees, tournament fees, trophies, state mandated sales tax, plus an additional $23,000 averaged over the past 4 years (2007 expenses are not yet completed). Funding The engineer's cost estimate for the grading work is $33,200 for the center field correction or $49,495 for both the center field and right field corrections. The engineer's estimate for the fencing work is $ 8,400 for the center field fence or $19,375 for both the center field and right field fences, Funds are available for this project in the Park Infrastructure Fund which contains almost $2,000,000 according to the finance manager, Attachment(s) The plans are attached, The quotes will be shared at tonight's work session. Council minutes from previous discussions regarding this project are attached. I: \ RF A \P&R \ PARKS \ Q-Discussion re Victory project Aug 6 work session.doc RESOLUTION 07-65 Item 11,1 PARKS & REC ClP Item 11,2 Council Member Nolte introduced the following resolution and moved its adoption: "RESOLUTION AUTHORIZING THE PURCHASE OF EQ1.JIPMENT A..ND APPROPRIATION OF FUNDS OF $27,561.60 FOR THE PURCHASE OF 204 ELECTRONIC WATER METER HEADS AND A METER READING DEVICE FROM HYDRO METERING TECHNOLOGY./I The motion for the adoption of the foregoing resolution was seconded by Council Member Sommer, and upon vote being taken thereon, the follovving voted in favor thereof: Opem, Hoffe, Nolte, Sommer, Stauner, and the following voted against the same: None; Abstained: None; Absent: None, whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to bv the citv clerk. " " Mayor Opem introduced for discussion Item 11.2, Discussion regarding Parks and Recreation Capital Improvement Program (ClF') for 2007 and 2008. Prior to the discussion regarding the parks and recreation CIP, Mr. Dan Donahue, city manager, shared capital improvement projects financing estimates (current balances and estimated balances through December 31, 2010) for the following funds: street infrastructure, water & sewer, storm water, park infrastructure, central garage, general fund (city hall/fire station), information technology, golf course, ice arena, and pool (liquor reserve account). He stated estimated balance of the park infrastructure fund as of December 31, 2006, is $1,267,698, and the anticipated 2007 revenue is $353,774. He reported that the 2007 park infrastructure expenses total $382,500 which would leave a balance of $1,238,972. The Council expressed concern regarding L~e negative balances projected for some of the funds. Mr. Donahue reported that one of the first assignments for the new finance manager will be to review the golf course, ice a:rena, and pool funds to prepare options for operating expenses and options for funding future improvements. Ms. Shari French, director of parks and recreation, was recognized. She stated at the April 16 work session Council requested a presentation regarding the Parks and Recreation ClP for 2007 and 2008. Ms, French explained that the ClP is prepared and reviewed every two years, and projects are funded on an individual basis after approval by the City Council. She explained there is approximately $1,626,000 in the parks infrastructure fund available for use. Due to existing available funding, Ms. French requested reconsideration for -----;:;- improvements to Victory Park including fencing, backstop, and field repairs. She reported that most of the work will be done in-house to strive to conserve resources. New Hope City Council Page 9 Ms. French presented a spreadsheet illustrating recommended projects and costs. She stated the funding sources for the projects would vary depending on the park or facility, Mayor Opem questioned whether it would behoove the city to outsource the April 23, 2007 IMP, PROJECT 820 Item 11,3 RESOLUTION 07-66 Item 11.3 IMP. PROJECT 814 Item 11.4 New Hope City Council Page 10 work ror Victory Park so that labor could be directed to inflow and infiltration abatement. :Mr. Guy Johnson, director or parks and recreation, pointed out that the work proposed to be done in-house would be undertaken in the rall when time permits and park maintenance staff becomes available. He noted the work will not be perrormed by the utility maintenance crew. He explained that $68,500 may be a high estimate ror the work as it may actually be closer to $35,000. Mr. Johnson offered to obtain quotations ror the work ror comparison purposes but noted it would be necessary to utilize engineering services to develop the specirications. Mayor Opem recommended obtaining quotes ror the soil work. Council Member Hoffe pointed out that the condition or the soccer field appears worse than the softball field. " Mr, Johnson explained that there are no games scheduled at the soccer field as the field was re-seeded last rall and the city is letting the soccer field "rest" this vear. J Council Member Sommer thanked starr ror the spreadsheet showing projects and costs and noted it will be a useful tool ror planning purposes. Council Member Nolte inquired regarding the use and cost or portable restrooms when park shelter bl:1ildings are available. Ms. French, director or parks and recreation, responded that park users such as baseball players use the portable restrooms when the shelters are not open. She commented that due to maintenance and liability issues, the shelter buildings are only open when staff is on site ror playground programs. Mayor Opem introduced ror discussion Item 11,3, Resolution authorizing the purchase and appropriation or funds or 57,150 ror painting or play equipment ror parks and the pool by Paul Norby Handyman (improvement project #820). Council Member Sommer introduced the rollo,.ving resolution and moved its adoption: "RESOLUTION AUTHORIZING THE PURCHASE A.ND APPROPRIATION OF FUNDS OF $7,150 FOR PAINTING OF PLAY EQUIPMENT FOR PARKS AND THE POOL BY PAUL NORBY HA1\lDYMAL"\J (IMPROV.tMENT PROJECT #820)." The motion ror the adoption or the roregoing resolution was seconded by Council Member Nolte, and upon vote being taken thereon, the rollowing voted in ravor thereor: Opem, Hoffe, Nolte, Sommer, Stauner, and the rollowing voted against the same: None; Abstained: None; Absent: None, whereupon the resolution ,.vas declared duly passed and adopted. signed by the mayor which was attested to by the city clerk. Mayor Opem introduced ror discussion Item 11.4, Resolution authorizing the purchase and appropriation or funds or $2,664 ror caulking/repair or control joints or the Milton C. Honsey Pool by VYhiterock Construction (improvement project #814). April 23, 2007 r ARKS crr Item 11,3 CHARDON COURT Item 11,4 City Council Work Session Page 3 6e on duty supervisor of t.~e police department. The Council requested J\1r. Link to make a formal presentation regarding 6e complaint process at 6e May 14 council meeting for 6e benefit of 6e general public. Discussion ensued regarding Mr. Link's guest column for 6e Sun Post. Mr. Link pointed out 6e article will explain crime statistics in New Hope. Mr. Link agreed to make a presentation at 6e April 23 council meeting in order to educate 6e public regarding New Hope's crime statistics. Mr. Link departed 6e meeting at 7:20 porn, Mayor Opem introduced for discussion, Item 11.3, Discussion regarding parks CIP for 2007. Mr. Dan Donahue, city manager, advised 6e Council 6at 6e fund balance for the park infrastructure fund is $1,553,000. He pointed out the incorrect figure was provided at the March 19 work session. Mr. Donahue asked the Council to reconsider the project for Victory Park ballfield ~- (repair/replace fencing material and backstop and make improvements to 6e field area). He stated the estimated cost is 568,500. Mr. Donahue also asked Council to consider 6e request by Sunny Hollow PTSO President for financial assistance to upgrade the play equipment at Sunny Hollow Elementary. He reported several years ago 6e city participated wi6 each of the elementary schools in New Hope by donating $3,000 to each school (either cash or in-kind) during the fundraising process. He stated in 1988 the city provided a contribution of $3,000 to Sunny Hollow, and staff proposes a contribution of $5,000 at this time. He noted it would be beneficial for the city to contribute t.he same amount to other schools as playground equipment upgrades are undertaken. The Council discussed the parks ClP and the importance of adequate funding for future years. Staff was directed to present additional information at the April 23 council meeting regarding Victory Park ballfield improvements and to report on anticipated expenses for 2008. Council Member Sommer questioned whether the city could utilize part of the $1.5 million of park infrastructure funds for the ice arena. Mr. Donahue commented that he will discuss the possibility with the new finance manager, Julie Linnihan, who begins employment with the city on May 7,2007. Mayor Opem cautioned against transferring funds to the ice arena (an enterprise fund) until the city receives a response from the state auditor's office, Mayor Opem introduced for discussion, Item 11.4, Discussion regarding rehabilitation loan request for Chardon Court Apartments, 5700 Boone April 16, 2007 City Council1\1inutes Work Session Meeting CALL TO ORDER ROLL CALL AGENDA ITEMS PARKS AND POOL CIP FOR 2007 Item 11.1 City Council Work Session Page 1 CITY OF NHV HOPE 4401 XYLON A VEN"1.TE NORTH NEW HOPE, ML.l\JNESOTA 55428 March 19, 2007 Council Chambers The New Hope City Council met in work session pursuant to due call and notice thereof; Mayor Opem called the meeting to order at 6:39 p.m. Council Present: Martin Opem Sr., Mayor Andy Hoffe, Council Member Karen Nolte, Council Member Steve Sommer, Council Member Daniel Stauner, Council Member Staff Present: Dan Donahue, City Manager Kim Berggren, Community Development Assistant Jerry Beck, Communications Coordinator Al Brixius, City Planner Shari French, Director of Parks and Recreation Guy Johnson, Director of Public Works Valerie Leone, City Clerk Kirk McDonald, Director of Community Development Steve Sondrall, City Attorney Vince VanderTop, City Engineer Mayor Opem pointed out the extensive list of agenda items and noted several items may take a substantial amount of time. He acknowledged the possibility of postponing some items to a future work session, Mayor Opem introduced for discussion, Item 11.1, Discussion regarding Parks and Pool crr for 2007. Mr. Dan Donahue, city manager, explained that the agenda packet contained a prioritized list of capital improvement program (CIP) items for parks and the pool for year 2007. He reported on available funding and the need to maintain an adequate reserve in the park infrastructure fund. Ms. Shari French, director of parks and recreation, reviewed the proposed crr items for 2007 including improvements for Holiday Park, Fred Sims Park, Victory Park, Northwood Park, Civic Center and Sunnyside Park, ~" Hidden Valley Park, and the swimming pool. Discussion ensued regarding the process proposed for Holiday Park. Ms. French reported that as usual the neighborhood would be involved so that the improvements meet the neighborhood demands. She recommended asking playground equipment representatives to make suggestions on March 19, 2007 STORM WATER PROJECTS IMP. PROJECTS 791, 808,809 Item 11,2 City Council Work Session Page 2 playground equipment and design based on a pre-determined dollar amount. Mr, VanderTop, city engineer, noted this method has been successfully used by other cities, He noted the city realizes a savings by having the equipment vendors vVTite the playground designs rather utilizing the city engineering firm. The Council was informed that storm water improvements are proposed in the area of 47th and Flag Avenue as part of the 2008 infrastructure project. In order to coordinate efforts and minimize disturbances, the Council unanimously agreed to begin the planning process for Holiday Park improvements with a targeted installation date of 2008 for the playground equipment. Ms. French responded to questions from Council Member Nolte regarding the softball fields and the income from teams that utilize the fields. Ms. French indicated the typical revenue from adult softball teams is approximately $20,000 to $25,000 above expenses. Ms. French pointed out that the Little League softball has already approached city staff to discuss providing financial assistance when the city upgrades the fields at Civic Center Park. Ms. French also reported staff's request to fund improvements for the lighted softball field in 2008. Mayor Opem recommended a skateboard park investment at Civic Center Park. He suggested delaying the softball field improvements at Victory Park so that funding may be available for installation of a skateboard park. The Council unanimously concurred with the Mayor's recommendation. Council Member Nolte pointed out a skateboard park would be a nice amenity for the city. It was also noted that the feature may draw additional patrons for the swimming pool and the nearby shopping centers. Ms. French explained the necessary repairs for the swimmiIl.g pool including repair and recaulk of the floor, mechanical equipment (if needed), and concrete decking replacement. She also stated the play equipment in the kiddie pool is in need of repainting. She noted the frequency of repainting is a two to three year cycle due to the harshness of the chlorinated water. Ms. French proposed expenditures for deck furniture and large umbrellas. She recommended using HRG grant funds to purchase 15 deck lounge chairs comprised of recycled plastic. Ms. French was excused from the meeting at 7:10 p.m. Mayor Opem introduced for discussion, Item 11.2, Discussion regarding storm water projects. 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OPTIm CITY PROJECT No. 83~ n w o N RESOLUTION 07-65 Item 11,1 PARKS & REC CIP Item 11,2 Council Member Nolte introduced the following resolution and moved its adoption: "RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS OF $27,561,60 FOR THE PURCHASE OF 204 ELECTRONIC WATER METER HEADS AND A METER READING DEVICE FROM HYDRO METERING TECHNOLOGY," The motion for the adoption of the foregoing resolution was seconded by Council Member Sommer, and upon vote being taken thereon, the following voted in favor thereof: Opem, Hoffe, Nolte, Sommer, Stauner, and the following voted against the same: None; Abstained: None; Absent: None, whereupon the resolution \vas declared duly passed and adopted. signed by the mayor ,vhich was attested to by the city clerk. Mayor Opem introduced for discussion Item 11.2, Discussion regarding Parks and Recreation Capital Improvement Program (CIP) for 2007 and 2008. Prior to the discussion regarding the parks and recreation CIP, Mr. Dan Donahue, city manager, shared capital improvement projects financing estimates (current balances and estimated balances through December 31, 2010) for the following funds: street infrastructure, water & sewer, storm water, park infrastructure, central garage, general fund (city hall/fire station), information teclmology, golf course, ice arena, and pool (liquor reserve account). He stated estimated balance of the park infrastructure fund as of December 31, 2006, is $1,267,698, and the anticipated 2007 revenue is $353,774, He reported that the 2007 park infrastructure expenses total $382,500 which would leave a balance of $1,238,972. The Council expressed concern regarding the negative balances projected for some of the funds. Mr. Donahue reported that one of the first assignments for the new finance manager will be to review the golf course, ice arena, and pool funds to prepare options for operating expenses and options for funding future improvements, Ms. Shari French, director of parks and recreation, was recognized. She stated at the April 16 work session Council requested a presentation regarding the Parks and Recreation CIP for 2007 and 2008, Ms. French explained that the ClP is prepared and reviewed every two years, and projects are funded on an individual basis after approval by the City Council. She explained there is approximately $1,626,000 in the parks infrastructure fund available for use, Due to existing available funding, Ms. French requested reconsideration for -------7 improvements to Victory Park including fencing, backstop, and field repairs. She reported that most of the work will be done in-house to strive to conserve resources. New Hope City Council Page 9 Ms. French presented a spreadsheet illustrating recommended projects and costs. She stated the funding sources for the projects would vary depending on the park or facility, Mayor Opem questioned whether it would behoove the city to outsource the April 23, 2007 IMP, PROJECT 820 Item 11.3 RESOLUTION 07-66 Item 11.3 IMP, PROJECT 814 Item 11.4 New Hope City Council Page 10 work for Victory Park so that labor could be directed to inflow and infiltration abatement. Mr. Guy Johnson, director of parks and recreation, pointed out that the work proposed to be done in-house would be undertaken in the fall when time permits and park maintenance staff becomes available. He noted the work will not be performed by the utility maintenance crew. He explained that $68,500 may be a high estimate for the work as it may actually be closer to $35,000. Mr. Johnson offered to obtain quotations for the work for comparison purposes but noted it vvould be necessary to utilize engineering services to develop the specifications, Mayor Opem recommended obtaining quotes for the soil work. Council Member Hoffe pointed out that the condition of the soccer field appears worse than the softball field. . Mr. Jolmson explained that there are no games scheduled at the soccer field as the field was re-seeded last fall and the city is letting the soccer field "rest" this year. Council Member Sommer thanked staff for the spreadsheet showing projects and costs and noted it will be a useful tool for planning purposes. Council Member Nolte inquired regarding the use and cost of portable restrooms when park shelter buildings are available. Ms. French, director of parks and recreation, responded that park users such as baseball players use the portable restrooms when the shelters are not open. She commented that due to maintenance and liability issues, the shelter buildings are only open when staff is on site for playground programs. Mayor Opem introduced for discussion Item 11.3, Resolution authorizing the purchase and appropriation of funds of $7,150 for painting of play equipment for parks and the pool by Paul Norby Handyman (improvement project #820). Council Member Sommer introduced the following resolution and moved its adoption: "RESOLUTION AUTHORIZING THE PURCHASE AND APPROPRIA TION OF FUNDS OF $7,150 FOR PAINTING OF PLAY EQUIPMENT FOR PARKS AND THE POOL BY PAUL NORBY HANDYMAN (IMPROVEMENT PROJECT #820)," The motion for the adoption of the foregoing resolution was seconded by Council Member Nolte, and upon vote being taken thereon, the following voted in favor thereof: Opem, Hoffe, Nolte, Sommer, Stauner, and the following voted against the same: None; Abstained: None; Absent: None, whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Opem introduced for discussion Item 11.4, Resolution authorizing the purchase and appropriation of funds of $2,664 for caulking/repair of control joints of the Milton C. Honsey Pool by VVhiterock Construction (improvement project #814). April 23, 2007 PARKS CIP Item 11,3 CHARDON COURT Item 11.4 City Council Work Session Page 3 the on duty supervisor of the police department, The Council requested Mr. Link to make a formal presentation regarding the complaint process at the May 14 council meeting for the benefit of the general public. Discussion ensued regarding Mr. Link's guest column for the Sun Post. Mr. Link pointed out the article will explain crime statistics in New Hope. Mr. Link agreed to make a presentation at the April 23 council meeting in order to educate the public regarding New Hope's crime statistics. Mr. Link departed the meeting at 7:20 porn, Mayor Opem introduced for discussion, Item 11.3, Discussion regarding parks ClP for 2007. Mr. Dan Donahue, city manager, advised the Council that the fund balance for the park infrastructure fund is $1,553,000. He pointed out the incorrect figure was provided at the March 19 work session. Mr. Donahue asked the Council to reconsider the project for Victory Park ballfield ~- (repair/replace fencing material and backstop and make improvements to the field area). He stated the estimated cost is 568,500, Mr. Donahue also asked Council to consider the request by Sunny Hollow PTSO President for financial assistance to upgrade the play equipment at Sunny Hollow Elementary, He reported several years ago the city participated with each of the elementary schools in New Hope by donating 53,000 to each school (either cash or in-kind) during the fundraising process. He stated in 1988 the city provided a contribution of $3,000 to Sunny Hollo,,,', and staff proposes a contribution of 55,000 at this time. He noted it would be beneficial for the city to contribute the same amount to other schools as playground equipment upgrades are undertaken. The Council discussed the parks ClP and the importance of adequate funding for future years. Staff was directed to present additional information at the April 23 council meeting regarding Victory Park ballfield improvements and to report on anticipated expenses for 2008. Council Member Sommer questioned whether the city could utilize part of the $1.5 million of park infrastructure funds for the ice arena. Mr, Donahue commented that he will discuss the possibility with the new finance manager, Julie Linnihan, who begins employment with the city on May 7, 2007. Mayor Opem cautioned against transferring funds to the ice arena (an enterprise fund) until the city receives a response from the state auditor's office. Mayor Opem introduced for discussion, Item 11.4, Discussion regarding rehabilitation loan request for Chardon Court Apartments, 5700 Boone April 16, 2007 City Council Minutes Work Session Meeting CALL TO ORDER ROLL CALL AGENDA ITEMS PARKS AND POOL CIP FOR 2007 Item 11.1 City Council Work Session Page 1 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 March 19, 2007 Council Chambers The New Hope City Council met in work session pursuant to due call and notice thereof; Mayor Opem called the meeting to order at 6:39 p.m. Council Present: Martin Opem Sr., Mayor Andy Hoffe, Council Member Karen Nolte, Council Member Steve Sommer, Council Member Daniel Stauner, Council Member Staff Present: Dan Donahue, City Manager Kim Berggren, Community Development Assistant Jerry Beck, Communications Coordinator Al Brixius, City Planner Shari French, Director of Parks and Recreation Guy Johnson, Director of Public Works Valerie Leone, City Clerk Kirk McDonald, Director of Community Development Steve Sondrall, City Attorney Vince VanderTop, City Engineer Mayor Opem pointed out the extensive list of agenda items and noted several items may take a substantial amount of time. He acknowledged the possibility of postponing some items to a future work session. Mayor Opem introduced for discussion, Item 11.1, Discussion regarding Parks and Pool CIP for 2007. Mr. Dan Donahue, city manager, explained that the agenda packet contained a prioritized list of capital improvement program (CIP) items for parks and the pool for year 2007. He reported on available funding and the need to maintain an adequate reserve in the park infrastructure fund. Ms, Shari French, director of parks and recreation, reviewed the proposed crp items for 2007 including improvements for Holiday Park, Fred Sims Park, Victory Park, Northwood Park, Civic Center and Sunnyside Park, ~. Hidden Valley Park, and the swimming pool. Discussion ensued regarding the process proposed for Holiday Park. Ms. French reported that as usual the neighborhood would be involved so that the improvements meet the neighborhood demands. She recommended asking playground equipment representatives to make suggestions on March 19, 2007 STORM WATER PROJECTS IMP, PROJECTS 791, 808, 809 Item 11.2 City Council Work Session Page 2 playground equipment and design based on a pre-determined dollar amount. Mr. VanderTop, city engineer, noted this method has been successfully used by other cities. He noted the city realizes a savings by having the equipment vendors write the playground designs rather utilizing the city engineering firm. The Council was informed that storm water improvements are proposed in the area of 47th and Flag A venue as part of the 2008 infrastructure project. In order to coordinate efforts and minimize disturbances, the Council unanimously agreed to begin the planning process for Holiday Park improvements with a targeted installation date of 2008 for the playground equipment. Ms. French responded to questions from Council Member Nolte regarding the softball fields and the income from teams that utilize the fields. Ms. French indicated the typical revenue from adult softball teams is approximately $20,000 to $25,000 above expenses. Ms, French pointed out that the Little League softball has already approached city staff to discuss providing financial assistance when the city upgrades the fields at Civic Center Park. Ms. French also reported staff's request to fund improvements for the lighted softball field in 2008. Mayor Opem recommended a skateboard park investment at Civic Center Park. He suggested delaying the softball field improvements at Victory Park so that funding may be available for installation of a skateboard park. The Council unanimously concurred with the Mayor's recommendation. Council Member Nolte pointed out a skateboard park would be a nice amenity for the city, It was also noted that the feature may draw additional patrons for the swimming pool and the nearby shopping centers. Ms. Frencl1 explained the necessary repairs for the swimming pool including repair and recaulk of the floor, mechanical equipment (if needed), and concrete decking replacement. She also stated the play equipment in the kiddie pool is in need of repainting. She noted the frequency of repainting is a two to three year cycle due to the harshness of the chlorinated water. Ms, French proposed expenditures for deck furniture and large umbrellas, She recommended using HRG grant funds to purchase 15 deck lounge chairs comprised of recycled plastic. Ms, French was excused from the meeting at 7:10 p.m. Mayor Opem introduced for discussion, Item 11.2, Discussion regarding storm water projects. Mr. Guy Johnson, director of public works, and Vince VanderTop, city engineer, reported on current storm water activities including the storm water impact from the May 8, 2006, rain event, the inlet pipe from Highway 169 to Northwood Lake and the removal of sediment in front of March 19, 2007 LESLIE A. ANDERSON GORDON L. JENSEN] AMY E, PAPENHAUSEN STEVEN A. SONDR>\LL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN & SONDRALL, P.A. Attorneys At Law August 30, 2007 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKL YN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail law@jensen-sondrall.com Re: 2007 Victory Ball Park Field Improvements Nord Excavating Inc, Our File No,: 99,10030 Dear Val: Enclosed please find four copies of the signature page for the Victory Ball Park Field Improvements contract and the Certificate of Insurance received from Nord Excavating, Inc. However, I have not reviewed any performance or payment bonds relating to this matter. If the bonds are in order the contractor would be good to go on this project from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A, Sondrall. City Attorney. City of New Hope JENSEN & SONDRALL, P,A, sas@jenseil-sonclrall,com Enclosures cc: Guy Johnson. Public Works Director Vince VanderTop. City Engineer LESLIE A. ANDERSON GORDON L. JENSEN' AMY E. PAPEl'iHAUSEN STEVEN A. SONDRALL MELANIE M. PERSELLIN 'Real Property Law Specialist Certified By The ivIinnesota State Bar Association JENSEN ANDERSON SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKL YN PARK, MINNESOTA 55443- 1 968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail law@jasattorneys.com IVriter's Direct Dial No.: (763) 201-0211 e-mail sas@jasattol71eys.com October 4, 2007 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Via e-mail to vleone@ci,new-hope.mn.us and by Regular Mail Re: Victory Ball Park Field Improvements Nord Excavating Inc, Our File No,: 99,10030 Dear Val: In follow up to my August 30th letter, enclosed please find four originals of the Performance Bond and Payment Bond received from Nord Excavating for the referenced project. All of the documents are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope EncIosure(s) cc: Guy Johnson Vince Vander Top P;\Attorn~'y\SASd Client Filcs\2 City of New Hope\99-10030 {Public Works generalr..Lcltcr V, Leone. Nord bonds ViL:rory park.doc October 11, 2007 Mr. Dale Nord Nord Excavating, Inc. 15265 209th Ave. NW Elk River, MN 55330 SUBJECT: Victory Park Softball Field Project (Improvement Project no. 834) Enclosed are two fully executed contract documents for New Hope Project No. 834. One contract 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 August 13, 2007, for $26,360.50. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Jason Quisberg, Assistant City Engineer, at 651-604-4938. S%in_cerel~ ~...., / Ii'~ Valerie Leone City Clerk, CMC Enclosures - Bid bond, Contract, IC-134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Jason Quisberg, Assistant City Engineer (File No. 34-0720e-0) Guy Johnson, Director of Public Works 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. 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 VICTORY PARK BALL FIELD IMPROVEMENTS For valuable consideration as set forth below, this contract dated the /3 day of IitJrust ,2007, is made and signed by the City of New Hope (hereinafter "City") and Nord Excavatinq In , hereinafter "Contractor"), 1. CONTRACT DOCUMENTS 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 these specifications and on the drawings. Any modifications to the work defined will be made in writing, 3, CONTRACT PRICE The City agrees to pay the contractor the total amount of the contract, determined by the sum of the verified quantities completed for each Bid Item multiplied by the appropriate Bid Unit Prices, 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 $100 per day for every calendar day that the contract remains uncompleted beyond the Contract Completion Date. STARTING DATE All work except sod installation may commence upon approval of Contracts or August 8,2007, whichever is later. Sod installation may begin when the fencing work by others is complete or September 24th, 2007, whichever is sooner. 4, COMPLETION DATE All work except placement of sod shall be completed in accordance with the Contract by September 8, 2007 (hereinafter "Completion Date"). Sod installation shall be completed by October 6, 2007. Contract Page 2 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City'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 City as a loss payee under the policies: a. General Contractor Liability: b. Automobile Liability for all Automobiles: c. Workman's Compensation: $1,000,000.00 $1,000,000.00 Statutory Amounts 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 City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials/Labor Bonds, each in an amount at least equal to the Contract Price as security for the faithful peJiormance 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 City, 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 City 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 City. Contract Page 3 9. NOTICE The address and,telephone number of ~~ontractor for purposes"o! giving notices al),d any other purpose under this contract shall be /1 ) ~ FiL(!.tLVt:1fiIiCi /5;14- 5- .~ oC{ -It CU-'-t' /IN..d d) ELk. I3ve..-r; fYLi1 S"$330 The address of the City for purposes of giving notices and any other purpose ~nder this contract shall be 5500 International Parkway, New Hope, MN 55428, The contact person for this contract is Shawn Markham, IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written, Its City Manager CONTRACTOR ~orJ E.,u:aUCL+: 'L~. ~ ~~ 110~ Its Representative By Contract Page 4 STATE OF MINNESOTA ) ) ss. ) COUNTY OF HENNEPIN )' The foregoing was acknowledged before me this / () "ff, day of " :Qj It .' r , 2007, by Martin E. Opem Sr, ana Kirk McDonald, the Mayor and Acting City Mana er, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation, fj~(.~fn( STATE OF MINNESOTA ) ) ss. ) 'JALERIE LEONE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 COUNTY OF HENNEPIN ~The foregoing w a sacknowledged before me on this [ z.. day r ,2007,by ~~.~ o~ ~<.xt- ..t::- \C~~ ~ \ , on behalf of ~~,~ Notary Public ~ G: ContracVBasic THE AMERICAN INSTITUTE OF ARCHITECTS Premium Amount Based on Final Contract Amount Bond No. GRMN26890A 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): Nord Excavating, Inc. 15265 - 209th Ave. NW SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 QUAILBROOK DRIVE Elk River, MN 55330 OKLAHOMA CITY, OK 73134 OWNER (Name and Address): CITY OF NEW HOPE - PUBLIC WORKS 5500 INTERNATIONAL PARKWAY NEW HOPE, MN 55428 CONSTRUCTION CONTRACT Date: 8/20/2007 Amount: $ 26,360.50 Description (Name and Location): GRADING - VICTORY PARK BALL FIELD IMPROVEMENTS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 9/06/2007 Amount: $ 26,360,50 (TWENTY SIX THOUSAND THREE HUNDRED SIXTY AND 50/100) Modifications to this Bond: [X] None U See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) Nord Excavatinq, Inc. ni,) /) 1 . /~ / /1\ Slgnature:L::::: ( f v--1 Name and T :tie: SURETY COMPANY: GRANITE RE, INC frf)ilzh1 Signature: Name an (Any additional s:gnatures appear on page 3) FOR INFORMATION ONLY-Name, Address and Telephone AGENT OR BROKER: Pate Bonding, Inc, 1276 South Robert Street West St. Paul, MN 55118 (651 )457-6842 OWNER'S REPRESENTATIVE (Architect, or Engineer or other party): BONESTROO, INC. 2335 WEST HWY, 36 ROSEVILLE, MN 55113-3819 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED" A1A@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N,W" WASHINGTON D,C, 20006 THIRD PRINTING, MARCH 1987 A 312-1984 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1, 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4,1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4,2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its rights to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6, After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4,1, 4,2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations, No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors, 8, The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9, Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years 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 available AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED" AlA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N.W" WASHINGTON D,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 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 Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12,1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tra ct. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12,3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or othelWise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: SURETY Company: (Corporate Seal) (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: A312-1984 3 AlA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D" AlA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE" N,W" WASHINGTON, D,C, 20006 THIRD PRINTING. MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. GRMN26890A AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Oymer or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Nord Excavating, Inc. 15265 - 209th Ave, NW Elk River, MN 55330 SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 OWNER (Name and Address): CITY OF NEW HOPE - PUBLIC WORKS 5500 INTERNATIONAL PARKWAY NEW HOPE, MN 55428 CONSTRUCTION CONTRACT Date: 8/20/2007 Amount: $ 26,360.50 Description (Name and Location): GRADING - VICTORY PARK BALL FIELD IMPROVEMENTS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 9/06/2007 Amount: $ 26,360.50 (TWENTY SIX THOUSAND THREE HUNDRED SIXTY AND 50/100) Modifications to this Bond: [x] None [ ] See Page 6 CONTRACTOR AS PRINCIPAL SURETY COMPANY: Nord Excavating, !!t.c. ~ \.'.... .,fJ/f. ./ ,,/ /7' /1 . .... Signature:, ." -::::1::- / '/(..0"""7" Name and TItle: (Corporate Seal) COMPANY: GRANITE RE, INC. o . c.;' -L I'r e fl t/ .en! Signature: Name and T," (Any additional signatures appear on page 6) FOR INFORMATION ONLY-Name, Address and Telephone AGENT OR BROKER: Pate Bonding, Inc, 1276 South Robert Street West St. Paul MN 55118 (651 )457 -6842 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): BONESTROO, INC. 2335 WEST HWY. 36 ROSEVILLE, MN 55113-3819 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED" AlA@ 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 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. 4. The Surety shall have no obligation to Claimants under this Bond until: 4,1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the addres described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and ,3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance, 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6,2 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 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 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED,. A1A@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N,W" WASHINGTON, D,C, 20006 THIRD PRINTING - MARCH 1987 A312.1984 5 Bond shall be construed as a statutory bond and not as a common law bond, 14, Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOllOWS: None Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (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 Address: SURETY Company: (Corporate Seal) Signature: Name and Address: AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. A1A@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W" WASHINGTON, D,C, 20006 THIRD PRINTING - MARCH 1987 A312-1984 6 State of ACKNOWLEDGMENT OF PRINCIPAL (Individual) ) ) County of On this day of in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) ) ) State of County of On this day of in the year , before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of l\A. \ IV\\) €--S> D"i'ift- ) ) County of {J.)..) c> KA- ) On this (0 DfK-.S- says that he is the day of 5~P1~~e,h:.P___ A.J 0 (2....D ? r C--"f;? 'd~"'I'.:\ in the year Zoo 7 , before me personally come(s) , to me known, who, being duly sworn, deposes and of the )JOiL--D E..~-kU~I.N G:::> LNe.... the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Boa ~~~ at he signed h~'s/name ti;J.ereto b li.kP.AA..e or~der. . KAREN R, EMERY Notary Public r Minnesota ~_____- My Commission EXPires January 31, 2010 Notary Public 0 ACKNOWLEDGMENT OF SURETY State of Minnesota) ) County of Dakota ) On this 6th day of September , in the year 2007, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE, INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in- Fact of GRANITE RE. INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it wa~ affixed by order of the Boprd of Directors of said company., and that he signed said inst rum.e.n.tasAttorneY(S)-in-Fact of the said co.m. P1t,y,b"y, like orcer...,.\.....---r.,/\ \ ~ ~ ( \. 'f" !C~ , ~~~~"':v \ '-. rC-L-.~<:J.: _'K.~ ~,_L/-'-Q;;.:-~. -, ,~ WANDA LEE FRANZ : Notary Public'---""" ~iiOTARY PUBLIC, MINNESOTA ] , ' ~ My Commission Expires Jan. 31. 2010 ).Ii ~~;;:?~~~~ GRANITE RE, INC, GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOrvl/\ and having its principal oftice at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M, FRANCOUR its true and lawful Attorney-in-Fact(s) for the following pllllJoses. to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds. and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certitied copy of which is hereto annexed and made a part of this Power of Attorney: and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratities and confirms all and whatsoever the said: JONATHAN PATE, WANDA FRANZ, TOM LAHL. LISA iv!. FRANCOUR may lawfully do in the premises by virtue of these presents, In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seaL duly attested by the signatures of its Vice President and Secretary/Treasurer, this 26th day of October. 2004. STATE OF OKLAHOIvlA ) ) SS: COUNTY OF OKLAHOrvIA ) ~~~~ei'~~f"~ ~~~- Rodrrmn A, Frates, Secretary/Treasurer On this 26th day of October, 2004, before me personally came R, Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A, Frates. Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they. the said R, Darryl Fisher and Rodman A, Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation: that the seal aftixed to said Power of attorney was such corporate seal, that it was so tixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company, My Commission Expires: May 9. 2008 Commission #:00005708 ~~~ Notary Public GR"-NITE RE, INC. Certificate TI-IE UNDERSIGNED. being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation. HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOL VED, that the President any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business, On any instrument making or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seaL or a facsimile thereof: may be impressed or aftixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking:' IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and aftixecl the corporate seal of the Corporation this 6th day of September, 2007. ~ ~ ~ ,~ odman A, Frates. Secretary/l reasurer :A CORDrn PRODUCER 763-441-2500 763-433-3800 DATE (MM/DDIYYYY) 08/23/2007 THIS 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 POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANCE First National Insurance Agency 812 Main Street Elk River, MN 55330 INSURED 763-263-0501 NORD EXCAVATING INC 15265 209TH AVE NW ELK RIVER, MN 55330 763-263-0501 I INSURERS AFFORDING COVERAGE WESTFIELD GROUP NAIC# INSURER E: 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, I~~: ~~~~ CI' I POLICY NUMBER Pt5'AI.{.~~~~~gg~E Pgk!fI/~1.ft~~N LIMITS GENERAL LIABILITY I I EACH OCCURRENCE $ 1,000,000 - ~~~~~~~9E~~~~r~nce) A X COMMERCIAL GENERAL LIABILITY TRA 3 318 914 07/01/2007 07/01/2008 $ 300,000 ! CLAIMS MADE 0 OCCUR I 10,000 I MED EXP (Anyone person) 1$ Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 _ Ops of Subs - Contingent GENERAL AGGREGATE $ 2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 2,000,000 'I !Xl PRO, Il I I ! I POLICY I JECT I LOC i mOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ 1,000,000 A ~ ANY AUTO TRA 3 318 914 07/01/2007 07/01/2008 I (Ea accident) I I I ~ '''O~'''"W, I BODILY INJURY i$ SCHEDULED AUTOS i (Per person) ! I X HIRED AUTOS I i I BODILY INJURY H ':"~:::":~o:".. '"'"' i (Per accident) i$ i i PROPERTY DAMAGE I 1$ O....ned .:'.ut.os OJT ?riv Pass. I (Per accident) I I i$ RGE LIABILITY AUTO ONLY, EA ACCIDENT ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG I $ I EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE 1$ 3,000,000 P OCCUR o CLAIMS MADE 07/01/2007 07/01/2008 I I A TRA 3 318 914 I AGGREGATE 1$ $ r----l I ~ DEDUCTIBLE I $ I I X . RETENTION $0 I $ I WORKERS COMPENSATION ANO I 07/Dl/2007 i i WC STATU- I 10TH-I I ! TORY LIMITS ; ER , " EMPLOYERS' LIABILITY 3 290 145 07/01/2008 I I 500,000 -.., ~'JCP , EL EACH ACCIDENT : S ANY PROPRIETOR/PARTNER/EXECUTIVE N r,;-,'L. DISEASE - EA EMPLOYEE I $ OFFICER/MEMBER EXCLUOED? 500,000 If yes, describe under I I 500,000 SPECIAL PROVISIONS below i E.L. DISEASE - POLICY LIMIT ! $ OTHER Per Schedule $1000 Oed. I i A Icont. Equipment TR.i\ 3 318 914 07/01/2007 I 07/01/2008 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS * This Certificate of insurance represents coverage as of the date of issuance and may or may not be in compliance with any written contract. * CERTIFICATE HOLDER CANCELLATION CITY OF NEW HOPE SHARI FRENCH / PARK & REC DIR, 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 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. AUTHORIZED REPRESENTATIVE ~f). @ ACORD CORPORATION 1988 ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COUNCIL /t&'3<-j " CAICiYlL~{: Request for Action Originating Departments Approved for Agenda Agenda Section Development and Planning Parks and Recreation September 24, 2007 Item No. 8.6 By: Shari French By: Resolution authorizing the appropriation of funds of $8,100 for Fencing for the Victory Park Ballfield Improvement Project by Modern Fence & Construction, Inc. (improvement project no. 834) Requested Action Staff is recommending that the City Council approve the low quote attached of $8,100 from Modern Fence & Construction, Inc. for the purchase and installation of concrete maintenance curbs and fence along a section of the outfield as shown in the attached drawing from the city engineers. The existing fence was removed as part of a previous project involving regarding of the swale in center field. Background Victory Park was built in 1991 in a wetland area on what is more than likely peat soils. This is the first time that corrective work has been recommended due to settling which occurred over the past 16 years. The park was built as a second lighted athletic field complex for the city for use by both children and adults. The softball field is used by adult teams that play in the New Hope Park and Recreation sponsored summer and fall leagues. Discussion by the city council occurred regarding the Parks and Recreation CIP program on March 19, 2007, on April 16, 2007 and on April 23, 2007. Initially discussion regarding a project at Victory Park centered on city staff doing the necessary grading and dirt work for this project. After a discussion at the April 23, 2007 council meeting, the direction was to obtain quotes for outsourcing the work. A plan was written by the engineers and quotes were received August 2nd. At the August 6 city council work session, two options were presented and discussed regarding needed repairs for the Victory Park softball field. At the August 13 city council meeting Option A was officially chosen for the radin ortion of this ro'ect and Nord Excavatin was awarded the uote as the low Motion by ~ I lJ1RIP Second by J/;'l^ , G.M-I-t'K {/f) To: I:\RFA \P&R\PARKS\Q-834 Victory Quotes for Fencing,doc submittal at $26,360.50. Option A corrects the swale in center field. Option B would have corrected the swale in center field and raised the elevation in right field. The plan for the ballfield was divided into two parts: 1) grading and dirt work, and 2) fencing. Separating the work allows the improvements to be completed in a timely manner and allows the contractors to complete work in their areas of expertise. The second part of the project, fencing, is before council tonight. The engineer's estimate for the fencing work was $8,400 for option A and the low quote received is $300 below that estimate. The plan calls for fencing to be installed once the grading is completed. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) The plans are attached. The summary sheet of all the quotes received for the grading and dirt work is attached along with a letter from the city engineer, I: \ RF A \ P&R \ PARKS \ Q-834 Victory Quotes for Fencing.doc City of New Hope Resolution No. 07- 144 Resolution authorizing the appropriation of funds of $8,100 for Fencing for the Victory Park Ballfield Improvement Project by Modem Fence & Construction, Inc. (Improvement project no. 834) 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 Parks and Recreation Department recommends the fencing improvements for the Victory Park Softball field; and WHEREAS, the funds for this project have been provided within the Park Infrastructure Fund for the Parks and Recreation Department, by use of the annual levy. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Minnesota, to approve the appropriation of $8,100 for payment to Modern Fence & Construction, Inc. from the Parks Infrastructure Fund account is authorized and the 2007Parks operating fund budget is hereby amended. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, fuis 24th day of September, 2007. ~ ii Attest: . / ; f A--U:C 1YLQ..... City Clerk 711~~ 11ayor ( I:\RFA \P&R\PARKs\Q-834 Victory Quotes for Fencing,doc 2335 Highway 36 W St. Paul, MN 55113 Tel 651,636-4600 Fax 651,636,1311 www.bonestroo.com September 18, 2007 .. Bonestroo Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Victory Park Ball Field Improvements - Fencing Quote Results City Project No. 834 Project No. 000034-07200-0 Quotes were received for the Project stated above on Tuesday, September 18, 2007. There were a total of 2 Quotes. The following summarizes the results of the Quotes received: Contractor Low Modern Fence & Construction, Inc. #2 Century Fence Company Bid Amount $8,100.00 $9,912.20 The low Bidder on the Project was Modern Fence & Construction, Inc. with a Base Bid of $8,100.00. This compares to the Engineer's Estimate of $8,400.00. If the City Council wishes to award the Project to the low Bidder, then Modern Fence & Construction, Inc, should be awarded the Project on the Base Bid Amount of $8,100,00. Should you have any questions, please feel free to contact me at 651-604-4938. Sincerely, BONESTROO ~J?~ Jason P. Quisberg. P.E. Enclosure ttJ g .l.~ ~1F a o 4' ..Q. C'P ~ 2 "" 3 ~ < C::;' ..... o "1:l "" ~ O:J ~ ..,., (D' is: 3' a < ('D 3 ('D ::l ..... VI I ..,., ('D ::l .., =.i' Q 15' ;;;\. 4' ..Q. C'P ~ 2 9 0:> W .l:> 4' ..Q. C'P ~ 2 9 o o o o W .l:> 6 -.J N o o 6 o c: o fO o c: C'P o ~ ~ -i c: C'P '" CL "" c.n C'P ...... C'P 3 C" ~ .... SX' N o o -.J ~ .... .... 6 o ;t> s:: o :f: ::l ~ Z;::;' .l:> W N.... c: ('D 3 3 -iz-i"1:lns:: Oc.n01:300 ~~~<~22 ;;:;FO:J~~::::i t;;~~\2<>;:;:j~ ""'~ozs::6 22)>S::c.n)>2 00 -i- .. ,.." ;;0 )> 2 o)>r--i O:J _ r- m i5 ~c:;~~ ~ ~~ ;::;' ~ O:J 2 nm ('D c: r- :J:n 3 ~ Z )>c: ^ z;;o 0 ..,., co m r- 2 2 Z n ^ m ..,., ..,., m )> 2 O:J n ;;0 m fi -0 0 c.n -i Y> c: r- r- r- r- ::l ..,., ..,., ..,., c.n ;::;: VI /::) N N N ...... .... .... .... 00 0.... c: ns:to ::l o 0 -. ;::;: ::l Co Co 4' ~CDC. "" "" "" C::;' 2 3 ~ "" .... .... co ('D ~..,., N 0:> 0:> co -. ('D Z 00 ~o g i'l 0 00 00 - ('D' -i = \2<>.... 0 " - "" "" 9I 0:> ""~ w :..., .l:> -.J Co"" 0 N 0:> o co 0 00 .... co 0 00 00 0 00 00 c: n to ::l ('D c: ;::;: ::l ..... 4' c: Co "" ..:< (l) "" "" U"1 C::;' ..,., ... "" N .... 0 CD w.... co 0 CD Z Co~ i:oo ::l P .., U"1 -.J 00 ('D d n '" 0 9I 3 - "" "" "C co ",,:!," :!,""" "" <0 0:> .l:> .... U"1 ~ .... o .l:> U"1 0 N 0:> U"1 0:> 0 N c..,,~ 00 0 00 00 n o ~ "" n Q 2 "" 3 C'P "" ::l CL )> CL CL it) '" -1:1. c::::;s:: ::+000 15"0g. Q~3 ::l "" ..,., "" ::l C'P ~~8 S:15\2<> 2 n o U"1 ::l U"1 '" .... q- .... c: -.J ~ o' ::l -r"1"'t:l ~ ("") S;;0.l:>~ C'OOJOOl""'t" V') 0 W C ;:: x :::-< Q,) N Q) -,., ~-.....I^C'O st> -.....J C'O ~ s:: S? C'P ..." -, n "" < 0 U"1 C'P 3 U"1 'C o "" N ::l U"1 '< n o -0 ::l ::r or -r"1 0 n "" ::l r7 ~ ~ ;;0 en en "" U"1 c..n ::l ........ CL . . '< .l:>.l:> ^ N N _enen C'P . . < c..n.l:> C'P W 0 W co c..n -.J or en en ::l U"1 c..n .... .... o1..~ <.Cl en en C'P .l:>.l:> ::l ' , '" -.J-.J co W W ::l -.J-.J -.J W U~//~\., - -'. , , . ' '-- " ~-" "'PI -' / C-.,/' '"":'" / ... ~ INSTALL 190 LF CONCREiE MAINTENANCE'> CURB &: ' FENCE POSTS AND TOP RAIL REINSTALL 190 LF SALVAGED FABRIC :~ ~~-' ~'_._~.__._----- " ~ ~ ~ "J'O'~ ""'f'" ""F" 99.0' ~ -:u> '" . '" 0, C L C C C"~ " ~ n /' '" , .9- .., o ;? '" '" ~ '" .~ ... "') /' ~ \\ .\ \\, \\ 'i' '\, \,,:>, \~\ \1 \\\\ q. ~~ 1':'-t-. ~"Y~ ~q, ,)...1': (" ~+ <( '?' o~ ~(:;v ~O,I~ ~v'~'<:' <('?' r~~N~t A~-20U-COf.lCREiE - MAINTENANCE CURB &: . FENCE POSTS AND TOP RAIL REINSTALL 20 LF SALVAGED FABRIC' -" --+..--.--.--.-.-..+.----"'.-- " c o '" " o '- '" EAST RESEARCH CENTER DRIVE o :lO 1......._ .r Seck! In feet eo , NEW HOPE, MINNESOTA VICTORY PARK BALL FIELD IMPROVEMENTS FIGURE 2 # Bonestroo PROJECT PLAN 340nOOF02.DWG DATE:SEPTEM!?iER 2007-;.,; ,:COMH:',000034-0nOO-o :,,;c i,,:p."r::i~~:'~~" ,. ::::.J/::' ~_'~y;:.' :.>~' .' uu' 2335 Highway 36 W S1. Paul, N1N 55113 Tel 651-636,4600 Fax 651-636-1311 www.bonestroo.com September 11, 2007 .tt Bonestroo Re: Victory Park Ball Field Improvements - Fencing City of New Hope Client Project No,: 834 Bonestroo File ~Jo.: 000034,07200-0 Dear Plan Holder, Enclosed is the project manual for the Victory Pa.rk Ball Field Improvements project in the City of New Hope. The project involves the installation of concrete maintenance curb and fence along a section of a ball field outfield, The existing fence was removed as part of a previous project involving re-grading of the outfield. Please complete the Quote Form and return by the due date listed on the Quote Form, SCHEDULE INFORMATION Below is an anticipated schedule for the progression of this project. This schedule should be used as a general guide only - dates could change as the project moves forward, Quotes due Present quotes to council/contract awarded Winning contractor notified Contracts approved/Precon meeting held Begin work September 18th September 24tn September 25th Week of October 1 It Week of October 8tn If you have any questions regarding the project or would like to meet on site to discuss the work, please contact me at 651-604-4938 or Jason.Quisberg@bonestroo.com. Yours truly, BONESTROO ~ab Jason Quisberg Enclosure s1. Paul S1. Cloud Rochester N1ilvvaukee Chicago FENCING QUOTE Victory Park Ball Field Improvements New Hope, Minnesota File No. 000034-07200-0 Quote Due: Tuesday, September 18, 2007, 11:00 A,M" C,S.T, Return to: Jason p, Quisberg Fax Number 651-636-1311 Office Number 651-604-4938 Cellular 651-775-5121 BO!\\"'ESTROO 1. UNIT ITEM UNIT QTY COST Mobilization LS 1 - Concrete Maintenance Curb LF 210 Provide & Install New Chain Link Fence Posts LF 210 - and Top Rail Install Salvaged Chain Link Fence Fabric LF 210 Total Quote 2. 3, 4. Company Name: Signature: Printed Name of Signer: Title: TOTAL COST Victory Pa ct Manual For Field Improvements Fencing New Hope, Minnesota City Project No. 834 September 2007 Project No. 000034-07200-0 ~t Bonestroo DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. ~~ JasonP. Quisberg, P.E, Date: September 11. 2007 Reg. No, 44315 END OF DOCUMENT 000034-07200,0 @ 2007 Bonestroo PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS VICTORY PARK BALL FIELD IMPROVEMENTS CITY PROJECT NO, 834 FILE NO, 000034-07200-0 NEW HOPE, MINNESOTA 2007 Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00400 Fencing Quote Form Contracting Requirements 00500 Basic Contract Specifications Division 1 - General Requirements 01100 Summary 01310 Proj ect Management and Coordination 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control Division 2 - Site Construction 02315 Excavation and Fill 02770 Concrete Curb 02821 Fences and Gates Figures Figure 1 - Project Location Figure 2 - Project Plan Figure B - Standard Details - Fence EJ\TD OF DOCUMENT 000034-07200-0 @ 2007 Bonestroo 00010-1 TABLE OF CONTENTS FENCING QUOTE Victory Park Ball Field Improvements New Hope, Minnesota File No. 000034-07200-0 Quote Due: Tuesday, September 18, 2007,11:00 A.M., C.S,T, Return to: Jason p, Quisberg Fax Number 651-636-1311 Office Number 651-604-4938 Cellular 651-775-5121 BONESTROO ITEM UNIT UNIT QTY COST LS 1 LF 210 LF 210 LF 210 Total Quote 1. Mobilization 2, Concrete Maintenance Curb 3, Provide & Install New Chain Link Fence Posts and Top Rail 4. Install Salvaged Chain Link Fence Fabric Company Name: Signature: Printed Name of Title: TOTAL COST CITY OF NEW HOPE CONTRACT FOR VICTORY PARK BALL FIELD IMPROVEMENTS - FENCING For valuable consideration as set forth below, this contract dated the is made and signed by the City of New Hope (hereinafter "City") and (hereinafter "Contractor"). day of ,2007, 1. ' CONTRACT DOCUMENTS The Contractor hereby promises and agrees to periorm 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 periormed by Contractor under this Contract (hereinafter the "Work"), is defined in these specifications and on the drawings. Any modifications to the work defined will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor the total amount of the contract, determined by the sum of the verified quantities completed for each Bid Item multiplied by the appropriate Bid Unit Prices, 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 $100 per day for every calendar day that the contract remains uncompleted beyond the Contract Completion Date. STARTING DATE Work may commence upon approval of Contracts or October 8,2007, whichever is later. 4. COMPLETION DATE All work shall be completed in accordance with the Contract by October 31,2007 (hereinafter "Completion Date"). Contract Page 2 5, INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City'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 City as a loss payee under the policies: a. General Contractor Liability: b. Automobile Liability for all Automobiles: c, Workman's Compensation: $1,000,000.00 $1,000,000.00 Statutory Amounts 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 City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials/Labor 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 City, 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 City 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 City. 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 The address of the City for purposes of giving notices and any other purpose under this contract shall be 5500 International Parkway, New Hope, MN 55428. The contact person for this contract is Shawn Markham. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By Its Mayor By Its City Manager CONTRACTOR By Its Representative Contract Page 4 STATE OF MINNESOTA ) ) ss. ) COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of ,2007, by Martin E. Opem Sr. and Kirk McDonald, the Mayor and Acting City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss, ) COUNTY OF HENNEPIN The foregoing was acknowledged before me on this ,2007, by day of of , on behalf of Notary Public G:ContracllBasic SECTION 0 II 00 SUMMARY PART I GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Victory Park Ball Field Improvements - Fencing for the City of New Hope, Minnesota, City Project No, 834. 1.03 PROJECT BACKGROUND A. This project involves the installation of new fence posts and top rail, concrete maintenance curb, and reinstallation of salvaged chain link fabric. B. This work is to replace a section of fencing and curb removed for completion of a recently completed project involving the re-grading ofthe outfield at this location, C. The restoration (sod) will be newly installed and likely not established (rooted). Protect sod by removing and reinstalling whenever possible to avoid damage during construction. If removal and reinstallation is not an option, take every precaution to protect turf and repair or replace sod where damaged by construction activities. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Basic Contract. B. Final Completion: Set forth in the Basic Contract. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Basic Contract. 000034-07200-0 @ 2007 Bonestroo 01100-1 SUMMARY .:,.-l ..". 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, stockpiles, material storage, and temporary construction shall be coordinated with Engineer and removed upon completion of Work. 2, Contractor responsible for snow removal from the Owner's property if necessary to maintain access and working space during construction. 3, Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B, Access to Site: 1. Victory Parking Lot accessed off East Research Center Road. Protect existing pavement and curb. PART 2 PRODUCTS Not Used, PART 3 EXECUTION 3,01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-07200-0 @ 2007 Bonestroo 01100-2 SUMMARY SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination, 1,02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site, B. Project Utility Sources: Coordinate Work with the following utility owners, 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy 5. Gas: CenterPoint Energy 6. Telephone: Qwest 7, Cable TV: Comcast C. Owner requires 48 hour notice for all utility interruptions. 1.03 PEfu\1ITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Proj ecL 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48 hours notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 000034-07200-0 i1:I 2007 Bonestroo o 13 1 0-1 COORDINATION 1,05 PROJECT MEETINGS A. Administrative Requirements: 1. Proj ect Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings, 2. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. A Preconstruction Conference will be coordinated upon award of the contract. 1.06 SUBMITTALS A. Submit a minimum of 4 copies of any shop drawings, plus the quantity of copies the Contractor wants returned. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs ofthis Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-07200-0 IQ 2007 Bonestroo 01310-2 COORDINATION SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART I GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures. 3,02 SIGNS, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the Site as directed by Engineer. ( 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work, Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. 000034-07200-0 <Q 2007 Bonestroo 01500-1 TEMPORARY FACILITIES AND CONTROLS B. Temporary Water for Construction: 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventor assembly from Owner. Return to Owner at completion, There is no charge for meter use during construction. 2. Owner will pay for the costs ofthe water. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Contractor may not use Owner's toilet facilities. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining, pumpIng, dewatering, and cleaning operations necessary to complete the Work. 3,06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic, All traffic control devices and other protective measures shall conform to MMUTCD. 3,07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary markers and barriers as necessary to protect Work. 3,08 MEASUREMENT A1'ID PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item, B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID, END OF SECTION 000034-07200-0 cg 2007 Bonestroo 01500-2 TEMPORARY FACILITIES AND CONTROLS SECTION 02315 EXCAVATION AND FILL PART 1 GENERAL 1,01 SECTION INCLUDES A. Excavation and fill for foundations and other areas. 1,02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec,): 1. 2105 - Excavation and Embankment. 1.03 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein: 1. Grading Grade: Bottom of the aggregate base as shown on the Drawings. 2. Common Excavation: In locations where the design cross section is in a cut section, common excavation shall be classified as all excavation above the grading grade. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A. 000034-07200-0 ~ 2007 Bonestroo 02315-1 EXCAVATION AND FILL 3.02 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein: 1. Perform excavations to the alignment, cross section, and grade as shown on the Drawings and as directed by Engineer. 2, Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 3. Provide and maintain temporary drainage facilities as required. 3.03 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein: 1. Excess material to be removed and disposed of off-site. 3.04 MEASUREMENT AND PAYMENT A. No Bid Item has been provided for common excavation. Excavation, including hauling and disposal, required for installation of fence and concrete maintenance curb will be considered incidental to the installation of said items. No additional compensation will be made for this work. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-07200-0 @ 200i Bonestroo 02315-2 EXCA V A TION AND FILL SECTION 02770 CONCRETE CURB P ART I GENERAL 1.01 SECTION INCLUDES A. Cast-in-place concrete curbs 1.02 REFERENCES A. American Society of Testing Materials (ASTM): 1, C260 - Air-Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): I. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3702 - Preformed Joint Fillers. 5. 3754 - Membrane Curing Compound. 1.03 SUBMITTALS A. Submit one 7 day and two 28 day concrete cylinder test results for all concrete pours in any given day, B. Submit design mix for each concrete mix designation used. 1.04 SEQUENCING AND SCHEDULING A. Concrete maintenance curb construction precedes installation of fencing. 000034-07200-0 @ 2007 Bonestroo 02770-1 CONCRETE CURB AND GUTTER PART 2 PRQDUCTS 2.01 MATERIAlS: A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec, 3101: a. Type 3 air-entraining concrete produced by using Type lA Air- Entraining Portland Cement. 2, Air-Entraining Admixtures: a, Conforming to ASTM C260. b, Not to be added to the concrete mixtures in the field without approval from Engineer. 3, Mix Designation and Classification for Concrete Curb and Gutter: a. Manual Placement Mix No. 3A32C. B. Pre-Formed Joint Filler: Conform to MnDOT Spec, 3702. C. Curing Compound: Conform to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site, . B. Construct concrete maintenance curb at the locations and elevations indicated on the Drawings, C. Construct the style or type ,of curb as shown on the Drawings. D. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints and edges shall show neat workmanship. E. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. 000034-07200-0 <<:i 2007 Bonestroo 02770-2 CONCRETE CURB AND GUTTER 3.02 FOUNDATION PREPARATIONS A. Support on a compacted subgrade: 1. Conform to Detail Plate, 3,03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C., 3.05 METAL REINFORCEMENT A. Conform to Detail Plate, 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3E and 2531.3F, except as modified herein: 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3,07 CONCRETE CURING Ai~D PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein: 1, All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane-curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G 1 blanket curing method or method approved by the Engineer. 5, The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 000034-07200-0 I1:l 2007 'Bonestroo 02770-3. CONCRETE CURB AND GUTTER 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3,08 BACKFILLING A. Conform to MnDOT Spec. 2531.3J, except as modified herein: 1. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 25313K, except as modified herein: 1. Acceptance of work by price reduction will not be allowed. 3.10 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Concrete Maintenance Curb. Measurement of curb shall be by the lineal foot measured along the length of the curb. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-07200-0 ibI 2007 Bonestroo 02770-4 CONCRETE CURB AND GUTTER SECTION 02821 ,CHAIN LINK FENCES AND GATES PART I GENERAL 1.01 SECTION INCLUDES A. Chain link fencing. 1.02 REFERENCES A. American Society for Testing and Materials (ASTM): 1. A491 - Aluminum - Coated Steel Chain - Link Fence Fabric, 2. C94 - Ready Mix Concrete. PART 2 PRODUCTS 2.01 CHAIN LINK F ABRlC A. 9 gauge steel wire. B. 2 inch mesh. C. Tensile Strength: Minimum 80,000 psi. D. Coating: Aluminum (0.40 ounce/sq. ft.) per ASTM A491. E. Fabric shall have barbed top and knuckled bottom edges, unless otherwise noted. F. Fabric Width: match existing. 2.02 RAILS MTO POSTS A. Top and Brace Rails: 1. 1-5/8 inch O.D. standard pipe, 2.27Ib/ft or 1-5/8 inch by 1-1/4 inch roll form section with a minimum bending strength of In lbs. 2. "Forest Green" rubberized coating, 3. Securely fastened as per manufacturer's recommendations. 000034-07200-0 @ 2007 Bonestroo 02821-1 CHAIN LINK FENCES AND GATES B, Line Posts: 1. 2-112 inch O.D. standard pipe weighing notless than 3.65Ib/ft or 1-7/8 inch by 1-5/8 inch roll form section with a minimum theoretical bending strength of 201 lbs, under a 6 ft. cantilever load. 2, "Forest Green" rubberized coating, 3. Minimum Length: match existing above finished grade. C. Bottom Tension Wire: 1. 7 gauge with minimum tensile strength of 80,000 psi. 2,03 MISCELLANEOUS A. Ties: 1. 9 gauge aluminum wire at 2 feet on center on top and bottom rod and 12 inch on center posts. B. Fittings: 1. Fittings shall be of malleable iron hot dipped galvanized after fabrication, 2, Provide caps on pipe posts and pipe gate stiles. C. Concrete Mix: 1. Conform to ASTM C94 Portland Cement Concrete with maximum 3/4 inch aggregate having a minimum compressive strength of3000 psi at 28 days, D. Galvanizing: 1. All fencing components, including post and all accessories, are to be hot dipped galvanized (2 oz./sq.ft, surface) or otherwise be corrosion resistant. E. Finish Coating: 1. All fencing components, including posts and top rails, are to be coated with a rubberized material generally matching the color of the existing posts and fabric. The existing fence color can be generally described as "forest green." 000034-07200-0 @ 2007 Bonestroo . 02821-2 CHAIN LINK FENCES AND GATES PART 3 EXECUTION 3.01 WORKMANSHIP A. All posts shall be set true to line and grade as shown on the Drawings to provide a neat appearance. B. All fabric shall be tightly stretched and neatly secured to posts and rails. C. Fence shall be complete in every respect, including items recommended by the manufacturer for first quality construction. 3,02 POST SETTING A. All end, comer, pull, and gate posts shall be set in concrete 12 inch diameter by 42 inches deep. B. Line posts may be driven to a minimum depth of 5 feet or set in concrete 12 inches diameter by 42 inches deep. C. Line posts shall be evenly spaced on maximum 10 foot centers. D. End, comer, pull, and gate posts shall have braces with the same material as top rail and trussed to line posts with 3/8 inch rods and tighteners. 3,03 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Install Salvaged Chain Link Fence Fabric. Measurement will be per lineal foot of salvaged fabric reinstalled, Payment will be considered compensation in full for all work and materials associated with installing the salvaged fabric with the new posts and top rail. B. A Bid Item has been provided for Install New Chain Link Fence Posts and Top Rail. Measurement will be per lineal foot of fence installed, as measured along the new concrete maintenance curb. Connections to existing top rail will be considered incidental to the installation of the fence. C. 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() 1 r!f~'LJLJ~: ~~\: ~i~: :~ _11liil",---"o'I' "I I~'" ~III' II" -I jj l! /i/~J.!~) Ipf-ii ,~~l~ff ~i. \i fi H ci:i1l1111 II 1U......::...Ji'li iL:32ndJ;Y,LNQIi' " .liL...JIIIII ~Ii !i;?.Jl CCJI inni ','.....,' =n i/ dine Ii f-'I" " Ir y\ ':" 0 !' II' I" 'i il II ., (( n- /1---;( :j iUL-;/ ././"<~\~\~i. \\ \~y II ii "\1 ]I II ~ i \j D 11 ii Ijl f~n!. 'I~""~\ r:=:===.V Ii ! iLJ i ! (~ I~! 1~(1~u\~~r;~i~~1 t I L.i~L--.-J!, ~, _r=-l.~d~~l LJ~~.J, .L___-5:.~~- ~,~ MEDICINE LAKEROAD ,~ CSAH 70~~~- - o 1250 ~ Scole In feet PROJECT LOCATION NEW HOPE, MINNESOTA FIGURE 1 VICTORY PARK BALL FIELD IMPROVEMENTS 340nOOLOCATION.DWG DATE:JUNE 2007 .COMM:000D3+07200-0 :,-",'C ;! ,; 2500 . .. Bonestroo ,-; '-.'~ . l- e u ::l; c.. ,.., e ;..: '" N f:; o N '- o .:::::. '" '" ,. "0 N o u. o o N .... o ... ,. '" ,. 9- "0 o ~ o o N .... 5f ,.., /' ... ,.., /' '.".y' " 0::\, ".',/ \ , , . '\. " ., , , , , , , , " , , , , , --'--, ~':l.' ~/ ~ INSTALL 190 LF CONCRETE MAINTENANCEn CURB &: FENCE POSTS AND TOP RAIL REINSTALL 190 LF SALVAGED FABRIC,~ ) ;" ., Ii; t:!i ~ er.--f5 ~ ~ ) ~~ ( / ! ( ~,..., ~3 "sjlO ~ ~~ ~....D --G?:., o " I':':::" I INSTALL 20 [t-CO!ilCREJE ~ MAINTENANCE CURB &: ' FENCE POSTS AND TOP' RAIL REINSTALL 20 LF SAlVAGED FABRIC (\ ........ l i -:t- :.A ~~ ~~ ~~ 7~ A-y: (" EAST CENTER DRIVE RESEARCH PROJ ECT PLAN o 30 ",--- Scole In feet .. Bonestroo eo , NEW HOPE, MINNESOTA VICTORY PARK BALL FIELD IMPROVEMENTS FIGURE 2 3407200F02. DWG DATE:SERTEMBER 2007-: ,,-,.:COMM:,000034-07200-0 - ;:0;"';":::;:':-", TOP RAI FABRIC TO'w'ARD PLA YING FIELD rft,. I r"RIC BLO'W-UP OF TOP SECTION MID RAIL AROUND DUGOUT ONLY . .~. ~ ~o. FENCE SECTION BLO'W-UP OF BASE SECTION No Sco.le f- a <..l :::;; <( 0"> I') N It') Oi CONTROL JOINT (1-1/2' DEEP) 2-#3 BARS 1'-0' r-- o o N "'- It') N "'- <0 SECTION CUT JOINT 1/2 CL TO CL POST DISTANCE '" ;l: "0 vi -' ~ w a o o N r-- o "<t I') ./ '" ;l: a ./ "0 o <..l ./ o o N r-- o "<t I') ./ "<t I') ./ 2-#3 BARS fl..Ati CONCRffi MAINTENANCE CURB No Scale STANDARD DETAILS - FENCE NEW HOPE, MINNESOTA FIGURE B VICTORY PARK BALL FIELD IMPROVEMENTS 3407200DETAILS,DWG DATE: JUNE 2007 " CQ,MME000034..:.:07200-Q,,, ..'J.;- ;,' .. Bonestroo :-..,.. ~,.:.:-,.~: . ,'" r.',.t:"" '.'~'. --:::-." .. .; '-,~ ~'; . \o.::J';'~~-:'._:;"~.L.-,. :,'-<,' LESLIE A. ANDERSON GORDON L. JENSEN! AMY E. PAPENHAUSEN STEVEN A. SONDRALL MELANIE p, PERSELLlN 'Real Propeny Law Specialist Cenified By The Minnesota State Bar Association JENSEN ANDERSON SONDRALL, P.A. Attorneys At Law October 17, 2007 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Victory Park Ball Field Fence Improvements Our File No, 99,10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKL YN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail law@jasattorneys.com lYriler's Direcl Dial No,: (763) 2(Jf-()2!! e-mail sas@jasaltorneys.com Via e-mail to vleone@ci.new-hope.mn.us and by Regular Mail Enclosed please find four copies of the contract, the payment a'.1d performance bonds and a Certificate of Insurance for the referenced project. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondral!, City Attorney, City of New Hope Enclosures cc: Shari French. Park and Rec Director Vince Vander Top, City Engineer P:\t\nornt.:y\'sAS\ 1 Client Files\2 City of New Hope\99-10030 (Public Works generaJl.J.t:ont: lif 2il\)";' vkrory par); fer1l't' dOl m!!!t!!~E!!t~!~ 8401 Greenway Blvd, Suite 1100, Middleton, WI 53562 Bond No. 0521508 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Modern Fence & Construction of 3180 Ryan Lane, Little Canada, MN 55117 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope, 5500 International Pkwy, New Hope, MN 55428 (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of Eight Thousand, One Hundred Eight Thousand, One Hundred Dollars and Zero Cents Dollars ($ 8,100.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated 10/04/2007 entered into a contract with Owner for installation of fencing around ballfield at Victory Park in the City of New Hope in accordance with drawings and specifications prepared by Bonestroo, 2335 Highway 36 West, 5t Paul, MN 55113 (Full name and address of Architect or Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's Obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of com- pletion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor, Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due, No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and Sealed this 4th day of October 20 07 Principal: ::derat:;;:~c: Name Typed: I Randy Kleve Witness: ?ki/&b:- 7m1Av2--/ (SEAL) President Title Surety: , wes,t Ben,d Mutuallns~,',r r~~~.n,c, e Compan~ J.! ,~ t ' : " By:~~\.~'.6tf~./lU)CU (SEAL) Witness: <f\G \;, LU q~j (tcdr r tt s U(,'" Name Typed: Susan Rieschl ,Attorney in Fact , ~ (\ Title MICHIGAN ONLY: This Rolicy IS exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500,2236, - NB 0012 01 07 Page 1 of 1 >........'.. :.:,:';,:'~\:f:"":';:/::",';; .... ;... ,: .~,;:.::;::,'> -;:;'.={ ,':::~:, ',' '~'. '~.'~ '.':.Y;':'::i,:,=-;"'?"': :-? ~",'.;f".:~<' .::<-.;....' ')) ~'::F~\::':.--;;:,~~,' , ';'::':;':;~~::'; : :~:.: >:i~[ ~2~:' , "..~~;::,::~.;::;:.~.."..:,..-.:, ,',::, ,,;-,--'<, -"," ..:{~. /~,:.:~;~>;:'/~~~;~:"~: ".:: " .....~: :-L:> ,,',..' .' ;';" ';.,:':::':<:<,;:; ,-'/.';'>' ....:-.:J,:';:'. .., ..,:.;.:~;~~'.:';::~ '. .:' ':".' ~ ~ .~.~ ' " . ':,:::': -. ,>;,-::}:,:>>: "~>::~',~;:::,'~;:::,f;:'.,} .... >,..,;,.;..,';.c.... ",',:::", ......., )':-::'7:/';':;: ':;~t~~t~~~ ., ,_. :.::;~::;'--;:~~:::,::>~~:"t\l;,;~,:"::"_. : ,," _ , '- ,,::-:. .,' .:,~:)/~~.;,;,,:: '. :';:,:;,".::.' --.c"- ~~~~,1~~~~::t~~~M&Y .. . Dehnis J. Phen6WKi3 n A, ~'. ;;E~~~~~~!~?;:1i~~~:!;~!=~t~i~~!*~~~~~~~!~~~g 0'&' .uu..~~~ofui~~r~J~~\~~:~;~~g$t~~j~~i;~~~r~eg{~~k'f:~~%~Dt~l~~~r~~~~~Q&~~~~~f . " .., CJi1th.~11$tday of Decetrlber) 999. .....,.......... .....,.. ....<> '.>.' '...i>.i\' ..' Appbintmentof Attorney"ln-Fact}he president or any vice president, or anyotheFoffice(of West BfJ/1d:MI1t.u?' Inswal)qe .. COmpanY maYappointbYvvtitten certificate A ttbfn eys;.fij-Facn6 act on behalfd(the qotrq:Jtjny rn theex~S9tt&n:()t ancf.u '.' .. aftestingof bonds arid underiakingsandotherwritteifobligat6ty'instruments of/rise natijre,... ThesignatiJrfi:ofahyofficf::.r authorizedhetebya!7d the corporateseaJ maybe affixed by facsjmileto $ny such pOwerofattoif7eyor to ahYc.ertificiJfii. relating therefore and any such power of attorney or certificate bearing such fadsimflesignaturesorfacsimifesealshaff be vafidand binding upon the company, and any such power so executed and certified byfacsimilesignaturei and ....' facsimile seal shalf be valid and binding upon the company in the future with respectto any bond orundertaking Or other writing obligatory in nature to which it is attached, Any such appointment may be revoked, for caLise, orwithout cause; by any said officer at any time, . . -,' In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate ,al to be hereto duly attested by its secretary this 1 st day of March, 2002, Attest ...;.)=\\)!+.'i~~~. a;-Lwaj~ Ja fl'bOr>ro"'~~~~\ An;~~ ~r~n Se ~~\ SEAL ffilJ Chief Executive Officer I President State of Wisconsin "'~,:~~t:l?:~,./': County of Washington ..'.". ,-, ,."... On the 1st day of March, 2002 before me personally came Anthony J, Warren, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument: that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order ,...'....f:..OU.....,. ....x-~t-z;~.., r-I --- 0 (. .....~/<;...., .....---1 (j Vl/v\....-l. V)'\/v\!-L(.J f * i NOTARY.. * \ Jofurr.:-duwell \ '1 PUBLIC · ~ i Sr. Vice President ......;~/of....: Notary Pu?li~, W~shington Co, WI ".J?f..y!.~'?9,." My CommISSIon IS Permanent The undersigned. duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company. a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force, Signed and sealed at West Bend, Wisconsin this day of :,~~~~&'i~~~6" f'g~ORPORAT~'~\ 'm' ,0. \~\~ SEAL t !5) ...,-;.'~1\1 cO,~'l ....,.'~':l.../ .,/ ~...."...~=:......... Reproductions are not binding on the company, Any questions concerning this Power of Attorney may be directed to the Bond Manager at National Specialty Insurance, a division of West Bend Mutual Insurance Co, / //i ( !/vJ; '"'. .20 ,..---;-- ( ~~.....-<---- Kevin A. Steiner Sr, Vice President Notice: m!!'m!!~!E~s!!!!~ 8401 Greenway Blvd. Suite 1100, Middleton, WI 53562 Bond No. 0521508 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Modern Fence & Construction of 3180 Ryan Lane, Little Canada, MN 55117 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope, 5500 International Pkwy, New Hope, MN 55428 (Name and address of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Eight Thousand, One Hundred Dollars and Zero Cents Dollars ($ 8,100,00 ), (Insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 10/04/2007 for installation of fencing around ballfield at Victory Park in the City of New Hope entered into a contract with Owner in accordance with drawings and specifications prepared by Bonestroo, 2335 Highway 36 West, St Paul, MN 55113 (Full name and address of Architect/Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the conditions outlined on the reverse side of this bond: Signed and Sealed this 04 day of October 20 07 Principal: ~:dera::;1 !;~:~ion Name Typed: I' Randy Kleve (SEAL) Witness: 7l1Zd;; "'h>fd7~~ President Title Witness: Surety: West B. !.,nd Mutuallns~ra. nf~ Company By: ~0bLLLVVlj1'i0{ C/i.Cd (SEAL) Name Typed: Susan Rieschl , Attorney in Fact Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236, NB 001101 07 Page 1 of 2 CONDITIONS 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Prin- cipal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly ap- plicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claim- ant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant. a. Unless claimant, other than one having a direct contract with the Principal, shall have given writ- ten notice to any two of the following: The Princi- pal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fur- nished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regu- larly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid pro- ject is located, save that such service need not be made by a public officer. Page 2 of 2 b. After the expiration of one (1) year following the date on which Principal released work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a state court of competent jurisdic- tion in and for the county or other political subdi- vision of the state in which the project, or any part thereof, is situated, or in the Untied States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, NB 0011 01 07 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYVYY) 1M 10/04/2007 pRODUCER (763) 574-7447 FAX (763)574-7504 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Insurance Mart ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6875 Highway 65 NE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fridley, MN 55432 Sue Rieschl INSURERS AFFORDING COVERAGE NAIC# INSURED Modern Fence & Construction, Inc INSURER A: Western National Insurance 15377 3180 Ryan Lane INSURER B: Little Canada, MN 55117 INSURER C INSURER 0: INSURER E: 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, I~.?: M~l?;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~~,u" CP30000409904 04/15/2007 04/15/2008 EACH OCCURRENCE S 500,000 COMMERCIAL GENERAL LIABILITY ~~~6~~J9~~ENTED'^Q S 100,000 CLAIMS MADE 0 OCCUR MED EXP (Anyone person) S 5,000 A PERSONAL & ADV INJURY S 500,000 - GENERAL AGGREGATE S 500,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 500,000 I nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY CA30000479704 04/15/2007 04/15/2008 COMBINED SINGLE LIMIT - S X ANY AUTO (Ea accident) 500,000 - ALL OWNED AUTOS BODILY INJURY - S SCHEDULED AUTOS (Per person) A - HIRED AUTOS BODILY INJURY - S NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ~ ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY CU300001713 04/15/2007 04/15/2008 EACH OCCURRENCE S 2,000,000 ~ OCCUR D CLAIMS MADE AGGREGATE S 2,000,000 A s ~ DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND I T~~-7T~J#;,; I 10J~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E,L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? E,L DISEASE - EA EMPLOYEE S If yes, describe under EL DISEASE - POLICY LIMIT S SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER City of New Hope 5500 International Pkwy New Hope, MN 55428 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT A TI' E I @ACORD CORPORATION 1988 Sue Rieschl ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ::Jep C::J 1::007 11: I~HM BUN!:.STROO E3 6516361311 p,2 CITY OF NEW HOPE CONTRACT FOR VICTORY PARK BALL FIELD IMPROVEMENTS - FENCING /1" For valuable consideration as setforth below, this contract dated the if'::-' day of UJ..i).1J-f ,2007, 5 made and signed by the City of New Hope (hereinafter 'City") and Modem Fence & Construction. Inc, (hereinafter ~Contractor"). . COhJTRACT DOCUMENTS 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 oiher shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The wort<. to be performed by Contractor under this Contract (hereinafter the "W ork"), is defined in these specifications and on the drawings. Any modifications to the work defined will be made in writing. ':l CONTRACT PRICE The City agrees to pay the contractor the total amount of the contract, determined by the sum of the verified quantities completed for each Bid Item multiplied by the appropriate Bid Unit Prices, 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 $100 per day for every calendar day That the contract remains uncompleted beyond the Contract Completion Date. STARTING DATE Work may commence upon approval of Contracts or October 8. 2007, whichever is later d COMPLETION DATE All work shall be com pleted in accordance with the Contract by October 31, 2007 (hereinafTer .Completion Date"). ~ep c:~ 2007 11: 15AM BONESTROO E3 6516361311 p,3 Contract Page 2 o. INSURANCE/BOND Before beginning actual work under this Contract, thlit C(:mtr"lc:.tpr ..hqll <1ubmit to tho c'!y elnd 001"'r1 the City's approval of a certificate of insurance on Standard Form C.I.C,C,-701 or ACORD 25 foms. showin';:l the fallowing insurance coverage and listing the City as a loss payee under the policies: a, General Contractor Liability: b, Automobile Liability for all Automobiles: c. VVorkman's Compensation: $1.000,000,00 $1,000,000,00 Statutory Amounts This certifiea te 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 City of intent to cancel. The certificate must furiher provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the seiVices described herein. The Contractor shall furnish Performance and Materials/Labor Bonds, eacn 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 shail be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are ficensed 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 Acceptabie 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 ciauses (A) or (8) in the previous paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to City, All bonds and insurance are subject to the review and approval of the New Hope City Attomey, 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all la\NS, ordinances, rules and regulations applicable to performance under this Contract -, , INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fess, 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 1he performance cf or with relation to any of the work or services performed or furnished by the contractor under tnis Con tract. 8. ASSIGNMENT The Contr3ctor 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 City, ~ep c::l cUll"l 11: I::,HM J:lONESTROO E3 6516361311 p.4 Contract Page 3 g, NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be c;5/ ,- ~~ - "yt:J97 The address of the City for purposes of giving notices and any other purpose under this contract shall be 5500 International Parkway, New Hope, MN 55428, The contact person for this contract is Shawn Markham, IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the cay and year first above written, By ~'- f \ ;~~~.~~~~'\\ Its City Manager CONTRACTOR mt-'DERAl FEA...lc..€ By Sep 25 2007 11: 15RM BONESTROO E3 6516361311 p.5 Contract Page 4 STATE OF MINNESOTA ) ) 55. ) COUNTY OF HENNEPIN 02 d j() Ihe/foregoing was acknowledged before me this d i\,~ day of cJ-.a~t7JI:2-t/( ./ , 2007, by Martin E, Opem Sr. and Kirk McDonald. the Mayor and Acting City Manager, respectively, of the City of New Hope, a Minnesota municipal corpOration, on behalf of said municipal corporation. LEOj\JE ..'f ,,/J fJ~. ~YLL- Notaiy Public - ! STATE OF MINNESOTA ) ) 55. ) COUNTY OF HENNEPIN j I,?e foregping was acknowledged bF'fo~ m~ ,on thip }J (1! I, t'~: L-Vl _ . ,2007 bv , '-1'\ Ctf Lf-Lv, t.:.f JU--t -; 1 I A eLf / { ;/ \ --ff/>"j fj" ,J / \ , day of of , on behalf of ( IJV./LJ:.:!A)/itLf"7 DJ\ ftJlf.: ~~~.J'#~#~~ i . GINA M. BALLWEBER ~ ) Notary Public-Minnesota , u" " My Commission expires Jan 31, 2008 ~ i!'il \l\NV'IVVVVVVvvvvvvvvvvvvvvvvvvvvV' . G:c.:'''''C''ac::!iOaSl: October 22, 2007 Mr. Randy Kleve Modern Fence & Construction, Inc. 3180 Ryan Lane Little Canada, MN 55117 SUBJECT: Victory Park Softball Field Project - Fencing (Improvement Project no. 834) Enclosed are two fully executed contract documents for New Hope Project No. 834. One contract 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 September 24, 2007, for $8,100. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Jason Quisberg, City Engineer, at 651-604-4938. Sinc~rely, V:! , i ~ Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Jason Quisberg, Assistant City Engineer (File No. 34-07200-0) Guy Johnson, Director of Public Works 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" TDD: 763-531-5109 City Hall Fax: 763-531-5136" Police Fax: 763-531-5174" Public Works Fax: 763-592-6776 COUNCIL (j!C0 C/)ZLCi" ; Request for Action Originating Departments Approved for Agenda Agenda Section Consent Parks and Recreation November 13, 2007 Item No. 6.5 By: Shari French, P&R Director By: Resolution approving final pay request to Modern Fence & Construction, Inc. for Fencing installation for the Victory Park Ballfield Improvement Project (improvement project no. 834) Requested Action Staff recommends that the City Council approve a resolution to accept the Victory Park Ballfield fence installation as part of the Victory Park Ballfield Improvement Project (project #834) and authorize final payment to Modern Fence & Construction, Inc., in the amount of $7,920.00. Background Victory Park was built in 1991 in a wetland area on what is more than likely peat soils. This project #834 is the first time that corrective work has been recommended due to settling which occurred over the past 16 years. The park was built as a second lighted athletic field complex for the city for use by both children and adults. The softball field is used by adult teams that play in the New Hope Park and Recreation sponsored summer and fall leagues, Discussion by the city council occurred regarding the Parks and Recreation CIP program on March 19, 2007, on April 16, 2007 and on April 23, 2007. Initially discussion regarding a project at Victory Park centered on city staff doing the necessary grading and dirt work for this project. After a discussion at the April 23, 2007 council meeting, the direction was to obtain quotes for outsourcing the work. A plan was written by the engineers and quotes were received August 2nd. The plan for the ballfield was divided into two parts: 1) grading and dirt work, and 2) fencing, Separating the work allowed the improvements to be completed in a timel manner and allowed the contractors to com lete work in their areas of ex ertise. Motion by !j.'. '. .'. \: ..' J" .", ,f,f'" /' ,/: ., ,~- /tT) JL,j J;1...f:::-./C Second by -1m. j , \i 7-fJL. \ ";,: n To: MAU7-IIoC; I: \ RF A \ P&R \ PARKS \ Q-834 Victory Fencing FinaI.doc At the August 13th city council meeting, Nord Excavating was awarded the quote for the grading portion of the project and Modern Fence & Construction, Inc. was awarded the fence installation portion of the plan at the August 27th council meeting. The approved plan corrected the swale in center field and replaced portions of the outfield fence. The engineer's estimate for the fencing work was $8,400, and the low quote received is $300 below that estimate. The plan called for fencing to be installed once the grading was completed. Final concrete quantities associated with the fence installation were less than estimated, bringing the total cost for fencing to $7,920.00. The grading portion of this project will be completed soon; perhaps by November 13th's council meeting. As soon as the fencing was completed the sod was to be laid the week of November 5th and, after that, final warranty issues will be in process, Final payment approval will be brought back to the city council at the appropriate time for Nord Excavating. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) Attached is copy of the contractor's original quote in the amount of $8,100.00, a copy of the contractor's invoice in the amount of $7,920.00 and a letter from the city engineer, I:\RFA \P&R\PARKS\Q-834 Victory Fencing FinaI.doc City of New Hope Resolution No. 07- 164 Resolution Approving Final Payment Request to Modern Fence & Construction, Inc. for Fencing installation for the Victory Park Ballfield Improvement Project (Improvement project no. 834) WHEREAS, the city has entered into a contract with Modern Fence & Construction, Inc., for the installation of fencing at Victory Park Ballfield; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the fencing installation as part of improvement project 834 and approve final payment to Modern Fence & Construction, Inc., in the amount of $7,920.00; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Modern Fence & Construction, Inc. 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 fencing at Victory Park Ballfield, improvement project #834 from Modern Fence & Construction, Inc. 2. That the city manager is hereby directed to authorize the final payment of $7,920.00 to Modern Fence & Construction, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 13th day of November 2007. Attest: ~~ '~ /"1 . ._-. :- 0" ,--.' 7. !Il~~Z~. .. Mayo~ City Clerk I: \ RF A \ P&R \ PARKS \ Q-834 Victory Fencing FinaI.doc 09/18/2007 TOE 08:26 ~~ 651 426 5335 MODERN FENCE FENCING QUOTE Victory Park Ball Field Impro\'ements New Hope, Minnesota File No, 000034-07200-0 Quote Due: Tuesday, September 18,2007,11 :00 A.M., C.s,T, Return to: Jason p, Quisberg Fax Number 651-636-1311 Office Number 651-604-4938 Cellular 651-775-5121 BONESTROO 141002 1. UNlT ITEM UNIT QTY COST Mobilization LS 1 .3L if Concrete Maint.enance Curb LF 210 /e.& Provide & Install New Chain Link Fence Posts, LF 210 Ja:. 1'op & Bottom Rails Install Salvaged Chain Link Fence Fabric LF 210 ~ Total Quote 2, 3. 4, Company Name: tn6DG:RA/ ;;:~ Signature: ~~ Printed Name of Signer: RAVDV KL.€VE ~ ~ Title: TOTAL COST qq. ~ .3&lJ I. 3720. " 4,J(), ~ 11- "1m.'" - 11/05/2007 MON 13:08 FAX 651 426 5335 MODERN FENCE 141 001 Modern Fence 8r Consl., Inc. 3180 RYAN LN. · LITTLE CANADA, MN 55117. 651/426-4097 FAX 65';426-5335 FAX TRANSMITTAL DATE: //-~~ -(')7 TIME: TO: ,~ cQt.J/5BG~ FROM: !<:ANDy SUBJECT: VA:::72Jtey PARk' ~ N€w ~ NO, OF PAGES: ~ REMARKS: ~ -R6V/.~D 6:JAffR~Jr 7ZJ7AL. pg-R. Kb"V/AI 11/05/2007 MON 13:08 FAX 651 426 5335 MODERN FENCE 141002 Modern Fence IE Const., Inc. 3180 RYAN LN. * LITTLE CANADA, MN 55117 · 651/426.4097 FAX 651/426-5335 INVOICE SOLD TO . Date /1 - 5- - 07 DESCRIPTION AMOUNT ~ OJ {:cwt~~ .; V/cmI<Y PA1'<K ;- P/<()-J~T #- 831 - /N.5TALL O(.lr-F/eL..b Ft'Alt:.€ ~P.L6/G: 7C;~ f ". 2335 Highway 36 W St. Paul, MN 55113 Tel 651,636,4600 Fax 651-636-1311 www.bonestroo.com November 5, 2007 .. Bonestroo Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Victory Park Ball Field Improvements - Fencing Quote City Project No. 834 Project No. 000034-07200-0 Dear Shari, All work involved in the project mentioned above has been completed in accordance with specification. The contractor, Modern Fence Company, has requested final payment for the project in the amount of $7,920.00. Enclosed are copies of the original quote form submitted and the request for final payment submitted by the contractor. The original quote was for $8,100.00. A small reduction in concrete maintenance curbing required resulted in a savings of $180.00 (2.2%) on the contract. It is recommended that final payment in the amount of $7,920.00 be approved and made to Modern Fence Company for the Victory Park Ball Field Fencing Improvements project. Should you have any questions, please feel free to contact me at 651-604-4938. Sincerely, BONESTROO ~p~ Jason P. Quisberg, P.E. Enclosures 11/05/2007 MO~ 12:17 FAX 651 426 5335 MODER~ FENCE l4J 002 IC134 M,INNESOTA,: REVENUE Withholding Affidavit for Contractors .' , T:~is affidavit must be approved by the Minnesot3 Depa'iment of Revenue before tle State at MinnesoLa 0' any Cl ;',S s,;!:Jj vision,:> con ;'na,;e f!nal payment to contrac~ors. PIO;;,.;: ;:ype cr >:lri;-" CIG~rly. Thi~ will bt; yOi,l! n1iillli"g '<lO"t for returni"g :he completed jo:n~, .._------. Da)'tHne a non e G5/ --1"'~ - ." 'l Total :;)ntr~'l ~mO\,lr'lt S 8/0(). ,.- A""'o~n: ;till :lue $; E~J06. -- -----..- .- C;::::~O:;:::n\' r.~f"~= mODERN ;CtfFA,lC€ . :'cor~ss , 8/bO Krj/'-rl,'JPJ. : '~', S:6tS Zip Cc~e LiI: C~I .t7?/J. 56-//'7 ! "'_ _. _ ___ _____ __-;--_...."J ~'-'~- j ~Aonth/yc~~ w()!'~ De:~~) eyer u'7 . MO:'it:",i)'ecr "'.urY. er,er.:..: Ct?:7 c '.7 , '6 +' - l.J ... %'! - ~ ~ ;; -~ mlJ. 6?)~.,1B ::"~'E'';':' f "i"O~" .v , . 'B34 O:.';:)!cc: ~wr.:t ~Q,'::HI?S;S; .,. ~ - AlELJ ' ")'~ ;: ~,~ .~::"'Ofk ~~ 'O'~i. ;)'C>jt:et? Ci'j '-.N, ;';[r.if: :;;'J!::x;!; ,;:;!1ec;, ~()c: oox rh?: oescribe5 YOl!r involvement i,l chi: project and fill in a/j informction req(1e.st':10', ~ Sole contractor ,-' SLibcontractor N~t;)~ c:~ ':Cj~\!;;~tor ....,:-tiJ hH!:(; you: .cc::!'nr.~ ;;.; E ~ Cl ,.. E ... :;> (,"; - Prime contra.ctor-!f Y:l! slJbcomrac:ed OUi: any worto, on this proj=ct, a:1 of your subcc,,;rOlotc.lIS 1":';\.I5t ii!:;l trldir '~\\r~ iC~_3; "ffioE;vi:s, and have i:hel'" cc:ftiJi.,c! by :hf: D,q);Jf l!;:ent ::;If Re'/anus before you can fie yovr ef'ids'v!t. Fo' !'!scM 5,:bcor.l'cr;W' yOu (lad, fill in the il1for:na~ion below arid attacl a cor;y of each S~bC:;,l:ractor's cel'1ified :C13L" !" 'iOL: !""::;c:d ;nore ;:~~c::, att:.ch eseparate she~:. 9U~;I'!:~~ '\:::I~"E: Ad~t953 O,'~nf:!/:)~~i:r ~ ~ C'::::I~"C ti;~i t./J i,:- ,~or.'T.znior I nQ,.i; fiU::a I:~ on Ufi~ torm I;:; ~rue21'l~ compJtr:t; tC me ;/e$i 01 my itt.cw;edge ar.a b::i~et. i au:horize :li:? Ce;:.a!":i7iar;: :;f f->:-::.-. ;:;.'t/~ :? O;:;~l'C:;C r.,~rrit'j\;i.'t infonis-dor. (=:a~ftl.€ reo r!Jj~ PT':Ijt:f;L rnc!'.:oJr.5sEndJr:g copi~cl~!lfs 7orm, to UH.: ,,:'ims comractOj if ~ an a .=:"'."=~;::iQC::;t, c'.,: .~ :.;.~~~~C~~(! .:t i :::1'1.,8 e;:~me contn;;'c:or~~~~~. ~~~n:. CCl!irfJl;ting~g~:,c;}', ~:N;;3C:Or'$ sign,';ur~ t ,/ ' __.~"..~"!.jl1r. ~ U; ~ e, Mail Station 661O"St. Paul, M\i 55146-6610 Det~ /0 -?7-o.Z Ce(tificate of Compli<l.4'lce ,:;.~,~:,:: "'" ree:;:c:s (":1 the [,,)jIl;1esotf: C::~f,l$rtll1efjt c:f Reven~e, i CEW,i:'y that the contl'aC;:Ol' WhCll)~s signEd thi:; G:;l-tiij,,;=;t.? I')~s "_1',11::13:1 t:a: r:.:ql.oirenent:s of Minnesota Statu:F.s /'90,92 and 270C,66 c::lncemirg the withholding e1 i\l;irme:ota inccmia ;?X f:c';~'; ...,flg;,;s peic :0 employees rel,nlng tQ contrac: services with the s:ci:'? of tvihl'lEl$ota 5rd/oi its subdivisions, =- 0::::'::: ~:rl=:~; :Jf h'~/~,.V~ ~:?i'''ova.1 Date ......<......--._.,._..,.~ .j......... .........---..... .. -. .-., t,;.;.,~.. .,';.; !=.:.:"':~-:. ;:.: .:f...J, ::..,..-;;-:.. NOV-05-2007 11:39AM FAX:651 426 5335 ID:NEW HOPE PUBLIC WORK PAGE:002 R=95% COUNCIL Request for Action Originating Departments Approved for Agenda Agenda Section Consent Parks and Recreation December 10, 2007 Item No. By: Shari French, P&R Director By: 6.10 Resolution approving final pay request to Nord Excavating, Inc. for grading work for the Victory Park Ballfield Improvement Project (improvement project no. 834) Requested Action Staff recommends that the City Council approve a resolution to accept the Victory Park Ballfield grading work as part of the Victory Park Ballfield Improvement Project (project #834) and authorize final payment to Nord Excavating, Inc., in the amount of $24,459.40, to be released upon receipt of necessary IC-134 forms, Background Victory Park was built in 1991 in a wetland area on what is more than likely peat soils. This project #834 is the first time that corrective work has been recommended due to settling which occurred over the past 16 years, The park was built as a second lighted athletic field complex for the city for use by both children and adults. The softball field is used by adult teams that play in the New Hope Park and Recreation sponsored summer and fall leagues. Discussion by the city council occurred regarding the Parks and Recreation CIP program on March 19, 2007, on April 16, 2007 and on April 23, 2007. Initially discussion regarding a project at Victory Park centered on city staff doing the necessary grading and dirt work for this project. After a discussion at the April 23, 2007 council meeting, the direction was to obtain quotes for outsourcing the work. A plan was written by the engineers and quotes were received August 2nd. The plan for the ballfield was divided into two parts: 1) grading and dirt work, and 2) fencing, Separating the work allowed the improvements to be completed in a time I manner and allowed the contractors to com lete work in their areas of ex ertise, To: 11 oJlLG , o 7-IJ4 Second by (1"//", ^' U t"UULVv Motion by I:\RFA \P&R\PARKS\Q-834 Victory Grading FinaI.doc At the August 13th city council meeting, Nord Excavating was awarded the quote for the grading portion of the project and Modern Fence & Construction, Inc. was awarded the fence installation portion of the plan at the August 27th council meeting. The approved plan corrected the swale in center field and replaced portions of the outfield fence. The engineer's estimate for the fencing work was $8,400, and the low quote received is $300 below that estimate. The plan called for fencing to be installed once the grading was completed. Final concrete quantities associated with the fence installation were less than estimated, bringing the total cost for fencing to $7,920,00 and that portion of the project was accepted on November 13, 2007. The grading portion of this project is now complete. The work was quoted at $26,360.50. The final work was completed at $24,459.40 or $1,901.10 (7,2%) under the quote. Savings are largely due to the larger than anticipated volume of topsoil on the site able to be salvaged and reused, This allowed completion to the project with less topsoil borrow material being hauled on site. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) Attached is copy of the contractor's original quote in the amount of $26,360.50, a copy of the contractor's invoice in the amount of $24,459.40, and a letter from the city engineer. I:\RFA \P&R\PARKs\Q-834 Victory Grading FinaLdoc City of New Hope Resolution No. 07-184 Resolution approving final pay request to Nord Excavating, Inc. for grading work for the Victory Park Ballfield Improvement Project (improvement project no. 834) WHEREAS, the city has entered into a contract with Nord Excavating, Inc., for the grading work at Victory Park Ballfield; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the grading work as part of improvement project 834 and approve final payment to Nord Excavating, Inc., in the amount of $24,459.40; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Nord Excavating, Inc. 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 grading work at Victory Park Ballfield, improvement project #834 from Nord Excavating, Inc. 2, That the city manager is hereby directed to authorize the final payment of $24,459.40 to Nord Excavating, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 10th day of December 2007. # F Attest: '-I. ~~. ldeW: . 1;77L City Clerk I: \ RF A \ P&R \ PARKS \ Q-834 Victory Grading FinaI.doc 2335 Highway 36 W St. Paul. MN 55113 Tel 651,636,4600 Fax 651-636-1311 www.bonestroo.com December 3,2007 . Bonestroo Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Victory Park Ball Field Improvements - Grading Final Payment City Project No. 834 Project No. 000034-07200-0 Dear Shari. The work included in the Victory Park Ball Field Improvements project was divided into two contracts: grading and fencing. The contract involving the grading and restoration on the project was awarded to Nord Excavating. All work included in this contract has been completed and final payment has been requested. The contractor's submitted invoice is enclosed. The contract amount for this work was $26,360.50. The value of the work completed is $24,459.40, or $1,901.10 (7.2%) less than the budgeted amount. The savings are largely due to the larger than anticipated volume of topsoil on the site able to be salvaged and reused. This allowed completion of the project with less topsoil borrow material being hauled on site. It is recommended that final payment in the amount of $24,459.40 be made to Nord Excavating for the Victory Park Ball Field Grading Improvements project. Payment could be released upon receipt of the necessary IC-134 forms. Should you have any questions, please feel free to contact me at 651-604-4938. Yours truly, BONESTROO ~"o~ Jason P. Quisberg, P.E. Enclosures Bill To )) )~~l ~~t;\ ~40~ @ ~ Invoice Nord Excavating, Inc. 15265 209thAve. NW Elk River, MN 55330 Office (763) 263.0501 Fa-x (763) 263~5969 Date Invoice! # 11/13/2007 4941 City of New Hope: 4401 Xylon Ave. N. New Hope, MN 55428 P.O. No. Terms Project 2725 Victory park Ball Field Qty De$cription Rate Amount 1 Mobilization 3,000.00 3,000,00 75 Install Silt Fence 2,00 150.00 200 Remove Chain Link Fence Posts & Top Rail 3,00 600,00 1&0 Remove Concrete Maintenance Curb 3.00 540,00 350 Salvage & Re.Spread Topsoil 4.50 1,575,00 I Adjust Irrl&ation System 4,200,00 4,200,00 362 Haul & Place Common (Clay) Borrow 4.50 1,629,00 221 Premium Topsoil Borrow (LV) 13 .40 2,961.40 3,440 Sod, 'I}-pc La",n 2,85 9,804.00 0,00 REVISED REVISED REVISED Total $24,459.40 l 'd 19lt 'ON 8N i1 V^VJX3 O~ON V'JdLS:ll LOOl l ')ao NORD. EXCAVATING, INC. 15265 209m AVE. N.W. ELK ~R, lv.IN 55330 PHONE: (763) 263~0501 FAX: (763) 263-5969 FAX COVER SHEET TO: k.f.{/r~h FROM: ([}(f /'-1 FAX: 15'/- (, X-I) II PAGES: 2 PHONE: . DATE: . ill ~/t17 . . o URGENT ~RREVIEW 0 PLEASE COMMENT 0 ~LEASE~PLY COMMENTS: ' . . l 'd G9lv'oN 8N IlVAVJX3 O~ON ~d9S: G l LOOG 'S OJ ~a ~ GRADING QUOTE - OPTION A Victory Park Ban Field lmprovements New Hope, Mlnnesota File No, 000034-07200-0 Quote :Oue: Thursdl\Y, August 2, 2007,11:30 A.M" C,S,T, Return to: Jason P. Quisberg Fax Number 651-636-1311 Office Null)ber 651-604-4938 Cellular 651-115.5121 BONESTROO ~. UNlT TOtAL ITEM IJNIT QTY COST COST Mobilization lS 1 ]Oa1 3.00d , Install Silt Fence LF 50 ~ 100 Remove Chain Link Fence Posts Ilnd Top Rail LF ZOO 1.00 ~O() Remove Concrete Maintenance Curb LF ZOO '3, 00 (.. 00 Salvage and Re-spread Topsoil CY 200 if, 5'0 9 DO Adjust Irrigation System LS 1 ~~(X) 4.;1.00 . Haul & Place Common (Clay) Borrow CY 115 if, f'() 1 ~') so Premium Topsoil Bm'row (LV) CY 4Z0 (3, '10 5', '.28' I Sod, Type Lawn SY 3,700 lE. -1.2;. r) 'I S- Total Quote 2L.1CO, fe) . Company Name: nor) [;)1. r..IH'/1 h~" lJ? l... Signature: c-- A:lP /'Jz--1 . ' Printed Name of Signer: 04/-1 )J(/rl . 'HUe: j?t.f'5Id.tn7 2. 3. 4. 5. 6. 7. 8. 9. Dec.20. 2007 12:03PM No. 0872 M,~~is~~. REVENUE f-tiY:,'11tJ~5'3/.; '5)j~ Withholding Affidavit for Contractors ihis affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors_ p, Ie,., Please type or print clearly. This will be your mailing l,lb(~1 for. retuming the compleled form. ,...----- - --- ---:---- - - -...- ( Compl1ny name I /v'oltl:) 6. ttCIl1.A-1/tJ(0 . ~c.. Address I /52-&5 2d1tWtL4i... N, I City -- ,. Sl<lle Zip Code lY-l /{.. !~V~ _ MIV _ 6533(2p 1 nay{lme phone I 1 {U3:.:Z.tD 3 ~D5o t Totill conlract amount I p$ ~4~ S7,t./O I Amount ;~Il due . J $ ~ 'il t.f5,7/'IP__, Minnesota taxlD numlJer ?:/5 I 't" 3?. 7 1- Month/year INOrllllet(an ~ 1..00'7 I Month/ " r wort< ende!:! ;U 0 (,I '2. 0 C> -, Project number ~34- _...n.'. PmJP.Gt owner _C.ll Did you It,,v I pmJer.t locallo" V \ c.. TO (L'f Pk(L~. ~<-:t- FLG-f-D C'it-y 0 F tJf3w /tore. Address city. StutEl Zb coat! G'~ 'P--W f;. 6- 161.4).)kTI~~~ ;Ji:t.v ~Pe:,~A.) ..~1I2-~ es 0 No If no. whO (lid tile work? Check the box thf.Jt describes your involvement in the project and fill in all information requested, D Sole contractor o Subcontractor N~mc of contractor who hired you Address )(. Prime contractor-If you subcorltrocled o~~ any w;~k on this ~~~ject, all of your subcontractors rnu::; L me th~ir o~ IC134 affidavits and have them certified by Lhe 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 certrlied IC134, If you need more space, attach a sepmclte sheet. . [l.u~iness ni:ll1lc ^!1ctre!'1R Owner/Officer I q 0 l,k\ oY\d ~K e.. D f. JJe, ~;,~.a:t&~~l. /1110 . '65IJ// flvtt Jordr&~~~~ I declare /.hat all information I h"vp. filled in on this form is "ilue anO cOIllPlete to lIlC bl:sr ul my knowledge and bp./ip.f, I.,IJrhori7e the Depa(WwlIl 01 Rcv- enue .ra disclase penineM Informarion relating to this P(Q/cc;L including sending copi€;s or /.his form, to the prime COnT/Clcror If I am a sUDconLrocror, <lnd to any!'.ubcom/Clc<ors If I alll a pr1rne CO'I~c;ror. alld Lo the con!r.lcring agency, Con C't s 5i~natllr !alion 6610, St. Paul, MN 55146-6~ , Dille; I~/O .P'7_,_ { Certificate of Compliance Based on record::; of the Minnesota Department of Revenue, I certify that the COntractor who ha~ signed this certificate hus fulfilled all the requirements of Minnesota Statutes 290.92 and 270C,66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services wiLh the state of Minnesota and/or its subdivisions. DepilTtment;of Revenue approval Dare <:._..."~~ ()~ DEe 2 0 2007 lDec. 20. 2007,:12:03P~6147862355 , RAY JUl<DAN ANU ;iU~' No. 0872 IP. 2 ~L MINNESOTA. REYEN:UE' IC134 Withholding Affidavit' for Contractors This affidavit must be approved by the Minnesota Department of R~venue before the state of Minnesota or any of its $ubdMslons can make final, payment to contrllctofS. ' ' *1 Please ~ or pmt c1ea~ This wnlt>e ~U, mailing 18be11or, tttt\Jmlna the completeCI foIm. I ~l\Y-;"'~ ~,~ - -: - - - - - - - - \ tl~~"Q"lt I ~~ ~ ~."": ~ So1'\.'S ~c.. ", I 7&... :r.. Al\&t!laa . 'lOt;al cantriI::t In1Clunt . II V10 ( 4.<.~ Dr'\~\.<..-e.. "Co N €:.. ,1\' $ '~UJ t.~ CIl)' 0 $1411 2111 eCldt AmOllllt. stlll dUe l_~~.I_2U~ My_5'501LJ .! 74712.1.0 (/~ 'Mlnnastllli USIID n\ll'l'\tllll .LJ . q./ MQ,rth/ye" _l'lIlloeC!ln AI~ V ~t)D 7 IM:J~~:, - ~ J PrtljeCI. 10Cll\l0'1 n . V l c...bJJ...J:f. t' fn'2..i( ~~ f, IS L..l) tJ i. W ~ i' E. lit. t.J ~~!!r' 'Adl.1rnl City Stall! :ZIp oode , ~i:1f IY~W ~ 5i?oO ~fv,\'tloAh!l- p~~ N&\~ IWG~~Z.'l Old JPl . emlllarees WQI'l\ on UlJIJ "'~w::t'r Yea J:l ~ 0 If !Ill, 1II1'-.lllSld r:ho! 1ICJ'k? . . ~l!I:I. number Chet::k tJie box ti'lat describes your involvement in the projeCf and fill In a/l fnfoffTIBtion reQuagt~d. O' 6alo'coanWc:tor.' . ~.~r ~_ of ClIIItt'Kl:Of wno hi",:!. )':lU l'.1) i2.;D ~C 'AU/t1/ N ~ 1WtC-' :-t '51.-/J; '5 ~~ .A:LJL. AJW ~~ K, 1<. \ \J ~ 1 M. A.,) e; 'e; ~ ~ t) o Prime contractG.......lf you subc:onttsctad out any work on this projec~1 all of )'Our subcol'ltrectors must 111e their own IC134 affidBvitB and have them eer1lfied by the Department of Revenue before you call file ytllJr affld8vit, For ~ subcontractor you had. Till in the Infomi.ation ~elow and e'tta'ch a copy ofeaeh allbcontraCtor's certifiedlC134. If you need mors spa~e. <J6aeh Ii se;la,me sheet. . EuSlnElBS namll Addnr.ss '~/Offleer .. . ' I (lee/are that an infllrmarIOl1' hirJs llIIed In 011 this rorm is ITUI! 8M ccmlll.re ~Q t/'ra Mal at m'j kn{)llfledge and 1:Je1ia!.1 aL1l.1l1Xae the De~ftm~nl of rlfNo '1W8 ll:l dlil;:1D5e J;l!lftll'lf:1lt lrI1lY11ll100n ~ to !Ills proJe=t 1rK:/ul1lnt &fZI1rJll'lt. ;opJlIS of r/lki form. fa tt>c prime COOtnlr::!lY ", em s subclm!!=tOl', end ttJ 1l/1Y suboollt18l:tor5 If I am a pnme ~r;lZll, IJM (0 me oonrrar::rJng 3g.noy.. 51 LIre Certfflcate of Compliance Bill$$d QR records of the Mlt\Nlsata Deoartrrlent 01.~ev8n1..:e. I csrtif)! the'!. t!'lll eot\Vlildor wno has sigJ1ed this. cenificate has fulfilled aU the reQulteml!ll'lt.S of Minnesota SUlwtes 290.92 and 2700,66 ooncerning the wl'thholdln, of Minnesota income taX wm wages paId to employees relatlng to contJ'Bct sel'\llces ....Itl\ the state of Minnesota and/or Its subdlvlslons. O@l,~.ppNMl/' . ' OIItB t.;:'~' DEe 202007 su,;. No. eCOl:l:l.:l4IJ:lco. :.1/)7)