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IP #850COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Consent Parks and Recreation July 27, 2009 Item No. By: Shari French, P &R Director By: Kirk McDonald, City Manager 6.9 Resolution approving final pay request to Blackstone Contractors, LLC for the 2009 Milton C. Honsey Pool drains rehabilitation project in the amount of $13,838.55 (improvement project No. 850); Requested Action Staff recommends that the City Council approve a resolution to accept the pool drains rehabilitation project (improvement project #850) and authorize payment to Blackstone Contractors, LLC in the amount of $13,838.55. All necessary paperwork has been received from the contractor including an IC 134. Staff recommends approval. Background Council approved this project on March 23, 2009 and the estimated cost was $20,000 to $25,000. Staff has worked with the city's engineers since last summer to comply with the new state and federal laws. The Virginia Graeme Baker Pool and Spa Safety Act was passed and became effective on December 19, 2008 to help prevent drain entrapment and entanglement in public swimming pools and spas. This federal law requires that all public pools and spas replace their existing drain covers with new ASME /ANSI approved covers that meet the new requirements. For compliance with the new federal regulations, New Hope needed to make some modification to the suction drain sumps and install approved covers in both the shallow pool and the main pool. The shallow pool required modifying the suction drain sump and installing four (4) new 18" X 18" ASME /ANSI approved covers. The main pool also required making modifications to the suction drain sumps and installing four (4) new —18" X 18" covers over the existing main drain and two (2) 26" x 26" covers over the drop slide suction outlets. Funding Funding is available in the Park Infrastructure Fund which is levy funded each year. This fund was established in 2001 by city council action. Attachments A letter from the city engineers and an invoice from the contractor. Motion by Eh Second by ��L.GClf. , To: C i�L I: \RFA \P &R \POOL \R -final out pool drains rehab 09.docx 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com July 21, 2009 Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Swimming Pool Suction Outlet Modifications —Final Payment Client Project No.: 850 Bonestroo File No.: 000034 - 09000 -0 Dear Shari, :1 ' I1 All work under the contract has been completed and approved for the abovementioned project. The contractor, Blackstone Contractors, has requested final payment. Enclosed find the IC -134 forms and final invoice. The work completed under this contract was required to be compliant with new regulations relating to suction outlet drains for swimming pools. The final value of work completed under the contract is $13,838.55. We recommend approval of final payment, in the amount of $13,838.55, to Blackstone Contractors. Please contact me at 651.604.4938 with any questions regarding the work or recommendation for final payment. Yours truly, BONES — TTROO Jason Quisberg, PE Enclosures City of New Hope Resolution No. 2009- 94 Resolution approving final pay request to Blackstone Contractors, LLC for the 2009 Milton C. Honey Pool drains rehabilitation project in the amount of $13,838.55 (Improvement project No. 850) WHEREAS, the city has entered into a contract with Blackstone Contractors, LLC for the pool drains rehabilitation project at the New Hope Milton C. Honsey Pool; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the improvement project #850 and approve final payment to Blackstone Contractors, LLC in the amount of $13,838.55; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Blackstone Contractors, LLC. 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 pool drains rehabilitation improvement project at the Milton C. Honey Pool, improvement project #850 from Blackstone Contractors, LLC. 2. That the city manager is hereby directed to authorize payment of $13,838.55 to Blackstone Contractors, LLC. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 27th day of July 2009. Mayor Attest:�� u- City Clerk t:AI�F��_AP� R' \R -final out pool drains reliab 09.docx Blackstone Contractors, LLC 7775 Corcoran Tr, E Corcoran, MN 55340 City of New Hope 4401 Xylon Ave. N New Hope. MN 55428 Invoice Date Invoice # 6/30/2009 149 Phone # 763.291.7728 P.O. No. Terms Quantity Description Rate Amount Swimming Pool Suction Outlet Modifications New Hope, MN File No. 000034- 09000 -0 1 Total Base Bid 13,238.55 13,238.55 1 Additional work: 600.00 600.00 Remove existing formwork. reinstall formwork to allow access to pop off structures. add one truck delivery Total $13,838.55 Phone # 763.291.7728 OTE FORM (:!i Suction Outlet Modifications Nope, Minnesota o. 000034- 09000 -0 Quote Due: Thursday, April 2.2009.2:00 P.M., C.S.T. Return to: Jim Maland Fax Number 651- 636 -1311 Office lumber 651 - 6044759 Cellular 612 -819 -6332 BON ESTROO UNIT TOTAL ITEM UNIT QTY' COST COST 1. Total Base Bid LS 1 � 3ti SS l'a,a3g,.S S t ( Total Quote Company !Same: '� t+'� �SCb�E (- Signature: �`4-A-9- Printed )I meofSigner Title: cp A Po8 c� Page 1 of 1 MINNF.SOT.A• RFVFNl1F Contractor's Withholding Affidavit Confirmation BLACKSTONE CONTRACTORS LLC ID 9381216 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 258722 Wed Jul 15 11:25:36 CDT 2009 CITY OF NEW HOPE 000034- 09000 -0 April 2009 May 2009 4401 XYLON AVE N, NEW HOPE, MN 55428 No subcontractors listed. httr)s: / /www.mndor. state. mn .us /wc /action/confirmationPrint 7/15/2009 0") C) 04 O 0 O z w - i UJ Z Cj L) c e. IL M z < 2 0 z D LL Z LLI '? Z 0 00-- 0 co 0 - r 9 ti c) 00 to 00 r C) t z L Z CD 1 9 04 LLJ r'l LU LL LN 0 0 12 or C: 0 C) ry 0 0 "71 w CV z 0 F- CL of tU Cl) C) w CD r) C14 rl: C 14 .0 O 0 0 E c) C: .2 w LO C: 00 ca a) C 0 CL CL z U') :D L q 0 co Cf) cc� co 60. W CL ml IV 6� bi W > Z < z W (1) W W a) E N CL EE a) r) 0 T— § F— 0 M — < a) LL M 1 CITY OF NEW HOPE CONTRACT FOR VIRGINIA CRAF,i IE BAKER SUCTION OUTLET MODIFICATIONS ~t � #°or ,� luable conside. ition as set firth belmN • this Contract daatcd the ' _ ciao of 2009, is made and signed by the City o1 . 'Ne"! Hope, a Minnesota municipal corporation CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions o this Contract, the March 2009 flans and Spec ii ications prepared by Bonestroo, the suction outlet modifications plans attached hereto as Exhibit A and the Request for Proposal. all of which are incorporated hereby b% this reference for the swimming pool suction outlet modifications. ']'his Contract, the Request tear Proposal, the attached modification plans and the March 2009 Plans and 5pecil icatiorts ,hall compriyc t.ltc 101a agreeIncm. of the parue> lie mo. Nu oral order. ob ur claim by any party to the ether shall affect or modify any of the terms or obligations contained in this Contract. ". THE ""ORK The cvirk to be performed h� Contractor under this Contract the.reinaflier the "N 'ork "l. is defined in the contract documents and shall include the.cntire completed construction to be furnished under this (contract. \s part.ol' the A ork. the Contractor agrees to re:mot e all eycess material from the project site, CONTltXCTPRWE The City agrecs to pay Contractor the to tal arnount ol't.he contract. payable in accordance. Ah the payment terms of the City of Neye Hope instruction to Bidders. The agreed upon unit prices are set out in Exhibit 13 attached. The estimated cast Vor the cornpie°ted \ork is ..... ... - - -- The - work included in this project can not begirt until approval of this contract is received and the notice to proceed is iN Tty1 the Engineer. C;()i4tl'LI TIC) I }a► )UIDAJ'ED DA All planting and restoration vvork tmdc:r this {`()ntract shall he completed bv- Mav ?I. ?Cittc, (hereinafter "Completion Date "). Due to the difficult in ascertaining and establishing the actual darnaLl"which the t, its would sustain. liquidated dan�a21tes are specified as toIlows for faiIUrC ot'the Contractor to complete his performance under this Contract hv the Completion Date: for ererv: calendar day that the Comract shall remain uncompleted beyond the Completion I ?ate of lv1av 21. 2009 the Contractor shall pay the City SC(UO per day a Iiduidated damages, �. INS U RA N C'E /I)ON D Betbre beginning actual work udder this Contract, the Contractor shall subunit to the City and obtain tile 01 1v' s approvul o facertificateof'insurance oil Standard Form C.I,C.C. - 7QI orACORD25 forms. shovv.ing the foilor king insurance coverage and listing the. City as a loss payee under the policies: a. General Contractor Liability: Slat }O.OUO.Cf0 Automobile Liability for all automobiles: - S I 1000J)00.00 \klorkrnan`s Compensation: Statu Amounts This certificate must provide for the above coveragle's to be in effect from the date of the contract until 30 days after the Completion Date. and must provide the insurance covera tiv�ill not be canceled by the insurance company lvithcurt 0 dav-s kk rinen notice to the (:'itvi of intent to eaneef. The certificate must further provide that the C ontractor %; insurance coverrr�Oc is primary covt:ragt note ithstandine any insurance co\ eraige carried by the City that may apply to in.jur}' or datnage relating to the n7aintenance or repair of the City streets or ri.ihts -of' -way b-% either the CIt) or any employee. a�. ent. independent contractor or any ether person or entity retained be the City t") perflorm the services described herein. 'The Contractor shall furnish Perlbi-mance andMaterials!t.abor r'ayrnent E3onds. each in an amount equal to the contract amount. as security for the faithful performance and payment o1 Contractor's 61)lii.ptions under the contract docurnents. These bonds shall remain in effect until one ear after the date of final payment, except as othenv Ise provided by Iavv. All Bonds shall be in a. form as prescribed hy° the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota and (8) are teamed in the current fist of Comptulies Iloldin{a. Certificates of Authority as Acceptable Sureties on Federal Bonds and As :acceptable Re.insurin4u Companies" as published in Circular S70 (amended) by the Audit St:rft' Bureau of Accounts. ti. S. Treasury Department All b onds signed by an ap;unt must be accompanied by a ccrtiified cop\ of the authority t act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its rittht to do business is terminated in the State of Minnesota or it ceases to meet the requirements of clauses (A) and (13) above, Contractor shall within five days thereafter substitute another Bernd and Surety. b xh ��f which shall he acceptable to the Citc. 1111 bonds and insurance are subject to the review and approval of tile New lfope City ,Attornev. €i. LAi'1'S, RE(�I LA.TIC)�'S AND SAFETY The Contractor shall live all notices and compiv with a►1 lau5, ordinances. rules and regulations applicable to pert'ortnanee under this Contract. The Contractor shall provide adequate signs and /or barricades_ and w i l l take all necessary precautions 1br the protection of the work and the safety of the public. 7. 1 NDEMN[FICA"I`ICl,Nr To the fullest extent permitted by la�.e, the Contractor shall irtcfernni i'� ant ht harnlicss iltc City. its agents and employees from and against all claims, damanes_ lasses and expenses. including but not firnited to attorney's fees. arising out ofor resulting from the performance of'Wo rk. provided that any such claim. dttrn a,le. loss kar expense { 11 is attributable to bodily in iu V, sickness. disease or death. or to injury. or to destruction of tan2;ible prolxrty (other than the Work itself) the lass of use resulting there from. and ('2) is caused in whole or in part i)v any negiliggent act or omission of the Contractor. an% Subcontractor. anyone directly or indirectik- emplo ed by any of them or anyone for \-vhose acts any of them ma4 be liable, regardless of whetheror not it is caused in part by a (tarty indemni '(red hereunder. 8. ASSIGIVMFAT The Contractor shall not aSSi,'Yrt Or 11 whLther by an assignment or novation or . �thcr« isc anectfiis NS. dUtICS, henCtlt s. ohli��ati liabilities orr - cslxansihifities�vithcuit prier \.vritten consent of the City. j- ()TICE The address and telephone number of the Contractor for purposes of 6, wing notices and anv ot her purpose underthis Contract shall be I T Pb L _ �ik�1i to 'The address of'the Cite for rurposes of' <,ivittQ notices and any ether purposes under this Contract shall be 4401 Xytoil :'lvenue. 'earth. Ne'c'k Ffof�c. M\ 55428 IN NN ITNESS WHEREOF. the: parties to this (.'rxtu`s�ct hay c hereunto sct their hands and seals as of the da% and year first above: v rittell. -3- N EW W CITY OF NE H PE L BY: I S Mayor , � Bv: Its City Manager ) ss. COUNTY OF HENNEPIN } The fiWe&'Oin_14 uas ackno'wledged before me this A day of ��}�'� 1, 2009. by Kathi Hernken and Kirk McDonald, the Mayor and City N4anager, respectiv of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE LEONE NOTARY PUBLIC - MINNESOTA Notary Public MY Commission Expires Jan. 31, 201 �4C.t? SAC! 1��' �..�,cs i C cJJ�? "� `�— �-1�._ Contractor Bv: its: By- STATE 01: MINNES01"A COLJNTY OF 14ENNEPIN 1 foregoing instrument was ack.novviedg k ed . before me this tS. Af_!L_,( __.2009.bv �,-v,,,7' 'the rcspectivelv.or j?j,k-'S . . ...... . .. dav of a Minnesota corporation, on behalf said corporation. ...... ....... — ------- Notary Public THE AMERICAN INSTITUTE OF ARCHITECTS Premium Amount Based on Final Contract Amount Bond No. GRMN29165A AIA Document A312 Performance Bond Any singular reference to contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): BLACKSTONE CONTRACTORS, LLC 7775 CORCORAN TRAIL EAST CORCORAN, MN 55340 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 OUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 CONSTRUCTION CONTRACT Date: 4/06/2009 Amount: $ 13,238.55 Description (Name and Location): SWIMMING POOL SUCTION OUTLET MODIFICATIONS: VIRGINIA GRAEME BAKER SUCTION OUTLET MODIFICATIONS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 4/10/2009 Amount: $ 13,238.55 ( THIRTEEN THOUSAND TWO HUNDRED THIRTY EIGHT AND 55/100) Modifications to this Bond: [X] None [_] See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) BLACKSTO E CONTRA TORS, LLC Signature: Name and Title: (Any additional signatures appear on page 3) SURETY COMPANY: (Corporate Seal) GRANITE RE, INC. L.. Signature Name and Title: Tom Lahl , Attorney -in -Fact FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): Pate Bonding, Inc. BONESTROO, INC. 1276 South Robert Street 2335 WEST HWY. 36 West St. Paul, MN 55118 ROSEVILLE, MN 55113 -3819 (651)457 -6842 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312 -1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its rights to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non- perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACT R A PRINCIPAL SURETY Company: "CS Company: QQ {Corporate Seal) Signature: �lL� •� Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D., AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 (Corporate Seal) A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. GRMN29165A AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): BLACKSTONE CONTRACTORS, LLC 7775 CORCORAN TRAIL EAST CORCORAN, MN 55340 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 CONSTRUCTION CONTRACT Date: 4/06/2009 Amount: $ 13,238.55 Description (Name and Location): SWIMMING POOL SUCTION OUTLET MODIFICATIONS: VIRGINIA GRAEME BAKER SUCTION OUTLET MODIFICATIONS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 4110/2009 Amount: $ 13,238.55 ( THIRTEEN THOUSAND TWO HUNDRED THIRTY EIGHT AND 55/100) Modifications to this Bond: [ ] None [X] See Page 6 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) BLACKSTONE CONTRA TORS, LLC Signatur t* Name and Title: (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 SURETY COMPANY: (Corporate Seal) GRANITE RE, INC. Signature: Name and Title: Tom Lahl, Attorney-In-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): BONESTROO, INC. 2335 WEST HWY. 36 ROSEVILLE, MN 55113 -3819 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 THIRD PRINTING - MARCH 1987 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly, or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials, or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 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 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® A312 -1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 of the Bond is deleted in its entirety and replaced with the following provision: Within a reasonable time (1) after the claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA® A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of , in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of County of ACKNOWLEDGMENT OF PRINCIPAL (Partnership) 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 AA A n S Y'f 2 ) County of 0e.�nzer, )) On this S day of A P r ' � in the year before me personally come(s) 3 r iA c z , to me known, who, being duly sworn, deposes and says that he is the �� p S e of the F (0,c, k s k "' Q �' " fa �r LC c_ the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. t BZB;ARA F KARVONEN i NOTARY PUBLIC MINNESOTA Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 10th day of April , in the year 2009 before me personally come(s) Tom Lahl 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 was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorneys) -in -Fact of the said company by like order. Ej9 :N ,0 ' TAP\ ISA M. FRANCOUR Notary Public PUBLIC • MINNESOTA M'. ,d i= Expires San. 31, 2010 COUNCIL clea Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation March 23, 2009 Development and anning Item No. By: Shari French, P &R Director By: Kirk McDonald, City Manager 8.1 Motion to authorize expenditure for Milton C. Honsey Pool drain rehabilitation Requested Action Staff requests authorization to seek quotes and expend the necessary funds to bring the swimming pool drains into compliance with the new federal law. Background The Virginia Graeme Baker Pool and Spa Safety Act was passed and became effective on December 19, 2008 to help prevent drain entrapment and entanglement in public swimming pools and spas. This federal law requires that all public pools and spas replace their existing drain covers with new ASME /ANSI approved covers that meet the new requirements. Additional measures may also be required to comply depending on the configuration of each drain outlet sump. For compliance with the new federal regulations, New Hope will need to make some modification to the suction drain sumps and install approved covers in both the shallow pool and the main pool. The shallow pool will require modifying the suction drain sump per the attached Bonestroo drawings and installing four (4) new 18" X 18" ASME /ANSI approved covers. The main pool will also require making modifications to the suction drain sumps as shown in attached drawings and installing four (4) new —18" X 18" covers over the existing main drain and two (2) 26" x 26" covers over the drop slide suction outlets. Staff has been working with the city's engineers since last summer to comply with the new state and federal laws. While there are covers available, manufacturer production of approved covers for large size drain covers has remained limited primarily due to the certification testing procedure which is slow moving. Stainless steel covers are available in sizes appropriate for the New Hope pools however they are expensive. A more cost effective alternative is plastic which was just approved last week at the Federal level. Motion by Second by h I: \RFA \P &R \POOL \Q - authorize pool drains rehab 09.doc Request for action March 23, 2009 Page 2 If the pool is not brought into compliance, Hennepin County will not allow it to be opened for the 2009 season. Funding Based on conversations that the engineers have had with manufacturers, the total cost to bring the pools into full compliance with the new federal regulations appears to fall in the range of $20,000 to $25,000. Funds are available in the Park Infrastructure Fund which is levy funded each year. This fund was established in 2001 by city council action. Attachments Email and plan drawings from the city engineers; article from POST regarding the Crystal pool drains project. I: \RFA \P&R \POOL \Q - authorize pool drains rehab 09.doc From: Maland, Jim R [ mailto :Jim.Maland @bonestroo.com] Sent: Monday, March 16, 2009 2:58 PM To: French Shari Cc: Ehleringer, Jeff J; Schroeher, Mark; Quisberg, Jason P Subject: VGBA Pool Suction Drain Evaluation Shari, We have evaluated the main and shallow pools for conformance requirements for the VGBA using the approved Lawson 18' x 18' plastic grates. The attached partially completed drawings show the concept that we feel would best provide compliance. The side wall intakes for the drop slide in the main pool are not included in the drawings but have been evaluated as part of our effort. The 18" x 18" Lawson drains proposed for this work are formally approved by the Consumer Products Safety Commission but have not yet appeared on their web site (they were just approved last week). We had previously talked about using 24" x 24" with you but those drains are not yet approved yet it appears this may happen soon. As it turns out the 18° drains work well. I am going to call you shortly to review our findings. I have worked up a cost estimate for the work which indicates a project cost of somewhere between $20,000 and $25,000. This type of work is difficult to estimate for it is not a very large project and highly dependant on the availability of qualified labor to do the work. The work could begin immediately on the project with drain grate frames available within days and the grates themselves delivered in several weeks. It will be important to get the concrete work done ASAP to allow proper cure time (28 days) to apply paint. Paint requires 9 —12 days of curing before immersion. Our proposed timeline would be as follows: • March 25 order Frames and Grates (Frames should be accelerated delivery (3 day) to allow placement into cast -in -place concrete. • March 30 through April 10: perform work outlined in drawings • April 10 through May 8: concrete cure time • May 9: paint new exposed concrete in the pool • May 21: Pool to be filled with water no later than this date Please call me anytime if you have questions. Jim Jim Maland, PE Principal Tel 651- 604 -4759 Cell 612- 819 -6332 jim.maland @bonestroo.com eo 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651- 636 -1311 www.bonestroo.com For Stimulus Plan Assistance contact: matt.shands@bonestroo.com CONFIDENTIALITY NOTICE; The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to, or receipt by, any unauthorized person. The use, distribution, transmittal or re- transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e -mail. If you are not the intended recipient of this e -mail, please delete it from your system without copying it and notify the above sender so that our e- mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney - client or work - product privilege. Under the gun, Crystal approvesmoney for updated pool drains BY SARAH WOLFE ° SUN NEWSPAPERS o: at pK1,c13r) Under the gun to comply with new state and federal regulations, the Crystal City Council on Tuesday, March 3, approved $35,000 for new drain covers at the Crystal Cove Aquatic Center before it opens this year. Counci|membera Garry Grimes and Laurie Ann Moore opposed the resolution, expressing frustration over vague specifications for the new covers and what Grimes called another unfunded mandate. "I'm not going to support this," Grimes said. ''I think it's kind of jnke. If they're going to do this, the government ought to have s1andards." City Engineer Tom Na1hisen said the state law, signed by Gov. Tim Paw|enty last May, does contain drain requirements, but on a smaller scale than public pools. The state law is named after Abigail Taylor of Edina, who was disemboweled by a wading pool drain in the summer of 2007 at the Minneapolis Golf Club in St. Louis Park. She died in March 2008 of complications from the accident. The law requires all public and commercial pools to be equipped withASME/ANSI complaint drain covers to prevent suction entrapment. Daily inspections by pool operators are also mandatory. Former President Bush signed a similar federal |avv in December 2007. While Mathisen shared the frustrations of Grimes and Moore, he said Crystal must have the new drain covers in place prior to the 2009 swimming season or the pool will not open. "If the pool is not compliant with these laws by the opening inspection, Hennepin County will refuse to grant an operating permit and could enforce substantial financial penalties for non-com p|iance," Recreation Director Gene Hackett wrote in a memo to the council. Grimes suggested waiting several weeks on the resolution to express the council's concerns to state and federal legislators, but City Manager Anne Norris said the customized drain covers must be ordered now to receive them in time for the Aquatic Center's opening. Norris estimated the covers for the pool's five drains/outlets will cost about $25,000 and labor an additional $10,000. In other business, the City Council: - Unanimously approved a resolution allotting $1,000 in charitable gambling proceeds to both the NEAR and PRISM food shelves. - Amended the 2OO8 operating budgets tm reflect unanticipated costs and expenses. . s __a 13Wommm -119>I«aW3 _mn , _ƒ V o kew' o NON § H | || ■ § . (. 9 §y R L ) ! 5 § , _ % § /¥ §y §} :. 3 5 7 § $§§ . ■ | . / d ,§ � q 2 ; §$ §!§ . | § § § § § LV . y |■ °\ (( - 0 VINIMA o �'��""" SNOLDOIJIGOW LTUO NOLOnS -'dg)IVS �WaV "fir o V-LOSgNNIW '3dO no ME ■SEE Gf m z I I W .—Im eo — SNOILY)I=IIGOW 19WO NoLions - 2I3 VG 3W3V'd9 VINIEMIA V-LOSDNNIW '3dOH AIGN lag PL-U Al �2 Ho E17KIAl 6 I... I SNOLLVOOGOW ITUflO NOLMS 100d NIVW z 0 z NOILVOI=IICIOW IgUnO -dgws ]WgV'dE) VINID*dIA ViOS3NNIW 'AdOH M3N z 0 0 R 0 1 I z tA O Ln CY 0 Ln I? t O duo 9 I? t O duo SN011V�IUIGOW IgUnO NOUDnS 100d U31VM MOTWS o N - - SNOLLVO CIOW i9linO NouonS - N3NVS 3W3VdE) MNIE)dM € VIOS3NNIW'3dOH MAN 3� fl — C., a �a N a� 3 a 3 a t z z v * §* g 8 $ z8g� � zs g{ .b -_ Qz _ - - HIS[�RNS 60PUiF/f aW'G6000 M.VwYAYWMY.PnO UO�g51�a��01W70W60N�M:i 'RJOTE FORM S -ill 1 Suction Outlet Modifications New Hope, Minnesota F'ile No. 000034-09000-0 Quote Due: nmrsday, April 2, 2009, 2:00 P.M., C.S.T. Return to: Jim Maland 1 Number 651-636-1311 Office Number 651-604-4759 Cellular 612-819-6332 BONESTROO UN 11' TOTAL I T E NII UNIT QTY COST COST Total BRSC Bid LS I V� Total Quote Signature, Title: RPR- 02- 2009(THU) 10001 Global Specialty (FRX)651 406 8242 P.002l006 QUOTEFORM Swimming Pool Suction Outlet Modifications Nov Hope, Minnesota File No. 000034 - 09006 -0 Quote Due: Thursday, April 2, 2009 2;00 P.M., C.S.T. Return toe Jim Maland Fax Number 651 - 636 -1311 Office Number 651. 604 -4739 Cellular 612. 819.6332 BONESTROO UNIT TOTAL ITEM UNIT QTY COST COST / �6 1. Total Ease Did LS 1 4 4. 20 , Total Quote 60. I y .it �YL Memorandum To: New Hope City Council, Management Team cc: Jason Quisberg, Mark Hanson, Steve Sondrall, Jerry Beck, Scott Crandall From: Kirk McDonald, City Manager Date: April 3, 2009 Subject: Weekly Couricil Update Council /Work Session Follow Up West Metro Fire Joint CoLmcil Meeting The date has been set for April 29. I sent out m - L email to you earlier this week. More details will follow. 2. US Senate Race From Val: Per the March 30 court order, the state will be coLmting approximately 400 absentee ballots (originally rejected). New Hope only has one rejected absentee ballot to provide to the Secretary of State's office which will be counted on April 7. Pool Drains Here is an update from Jason: "Grates: The 8 —18" x 18" grates have been ordered from a company in Florida. We expect the grates to be delivered next week. We are working to confirm the delivery date. The grates will be delivered to Public Works. The 2 — 26" x 26" grates can be purchased locally (St. Paul) and are currently in stock. The grates were picked up on Thursday afternoon and delivered to the city on Friday morning. Contractor Quotes: Quotes for the work have been requested from three contractors. The information was sent out Tuesday. The quotes are due at 2 p.m. Thursday. The following quotes were received: a Blackstone Contractors $13,238.55 Pool Construction Inc. $20,900.00 `. The city manager authorized the award `o Blackstone Contractors, upon the recommendation of the city engineer. Schedule: The antdcipated schedule is slightly delayed from that shared at the March 23 Council meeting. However, it is still expected the work will be completed in time to allow the pool to be filled and open by the scheduled date. THE AMERICAN INSTITUTE OF ARCHITECTS Premium Amount Based on Final Contract Amount Bond No. GRMN29165A _ � - 1 ' ♦ �J AIA Document A312 • i •; �' Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): BLACKSTONE CONTRACTORS, LLC 7775 CORCORAN TRAIL EAST CORCORAN, MN 55340 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 CONSTRUCTION CONTRACT Date: 4/06/2009 Amount: $ 13,238.55 Description (Name and Location): SWIMMING POOL SUCTION OUTLET MODIFICATIONS: VIRGINIA GRAEME BAKER SUCTION OUTLET MODIFICATIONS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 4/10/2009 Amount: $ 13,238.55 ( THIRTEEN THOUSAND TWO HUNDRED THIRTY EIGHT AND 55/100) Modifications to this Bond: [X] None [_] See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) BLACKSTO,W CONTRACTORS, LLC Signature: < Name and Title: SURETY COMPANY: (Corporate Seal) GRANITE RE, INC. Signature: Name and Title: Tom Lahl , Attorney -in -Fact (Any additional signatures 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 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its rights to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non- perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING . MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: (Corporate Seal) SURETY Company: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1964 3D., AIA O A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 # Bond No. GRMN29165A AIA Document A312 • : • • 0 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): BLACKSTONE CONTRACTORS, LLC 7775 CORCORAN TRAIL EAST CORCORAN, MN 55340 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 CONSTRUCTION CONTRACT Date: 4/0612009 Amount: $ 13,238.55 Description (Name and Location): SWIMMING POOL SUCTION OUTLET MODIFICATIONS: VIRGINIA GRAEME BAKER SUCTION OUTLET MODIFICATIONS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 4/10/2009 Amount: $ 13,238.55 ( THIRTEEN THOUSAND TWO HUNDRED THIRTY EIGHT AND 55/100) Modifications to this Bond: [ ] None [X] See Page 6 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) BLACKSTO CONTRA ORS,LLC Signature: t '0-� Name and Title: (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 SURETY COMPANY: (Corporate Seal) GRANITE RE, INC. Signature: Name and Title: Tom Lah , Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): BONESTROO, INC. 2335 WEST HWY. 36 ROSEVILLE, MN 55113 -3819 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 THIRD PRINTING - MARCH 1987 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly, or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials, or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 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 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® A312 -1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 of the Bond is deleted in its entirety and replaced with the following provision: Within a reasonable time (1) after the claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA® A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of in the year __ , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of County of ACKNOWLEDGMENT OF PRINCIPAL (Partnershi 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 ' A 2 o s v +Z ) County of e h � e Pi " )) On this 1 day of A P f" k , in the year 9 v U c l , before me personally come(s) r 1.'.C2 k f V0'%P_`'\ says that he is the ere 5 d e, of the to me known, who, being duly sworn, deposes and Date: April 15, 2009 To: Mr. Mark Schroeher Re: VGB Suction Outlet Modification Mark, 7775 Corcoran Trail East Corcoran, MN 55340 Phone: 763.291.7728 Fax: 763.445.2107 E -mail: blackstonecontractors @comcast.net Here are signed copies of the original Performance and Payment bonds. I accidently put the wrong city on your certificate of insurance I sent you. I will send you a revised one via email when I receive it. Thank you Bruce Karvonen Operations Manager 763.291.7728 (direct) 763.445.2107 (fax) blackstonecontractors @comcast.net (email) SPECIALTY CONTRACTING 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com G= June 11, 2009 Ms. Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Swimming Pool Compliance City Project No. 850 Bonestroo File No. 000034 -09000 Dear Ms. French: An inspection by Bonestroo of the suction outlet drains at Milton C. Honsey Municipal Swimming Pool Complex took place last spring. The inspection covered the main pool and shallow pool to determine the necessary actions, if any, required to bring the pools into compliance with both the Abigail Taylor Safety Act (Minnesota Law) and the Virginia Graeme Baker Act (Federal Law). Based on our inspection of the suction outlets for the main pool and shallow pool it was determined that the pools were not in compliance with the federal law. In order to be in compliance with both the Minnesota and Federal Laws, the pool required modifications to the following systems: • Main pool drain requires VGB compliant cover(s) • Main pool drain sump requires pipe depths to meet figure 2 of the ASME /ANSI A112.19.8 — 2007 standard. • Main pool drop slide covers requires VGB compliant covers • Shallow pool drain requires VGB compliant cover(s) Shallow pool drain sump requires pipe depths to meet figure 2 of the ASME /ANSI A112.19.8 — 2007 standard. In March 2009 Bonestroo developed details of the necessary modifications to bring the pool into compliance with the laws. In May 2009 Blackstone Contractors completed the modification work for the pools. Part of the Abigail Taylor Act requires that by July 1, 2008, and annually thereafter all public pool owners must certify to the commissioner that all outlets, except for unblockable drains (defined as 18 inches by 23 inches, 414 square inches, or larger), are equipped with covers that have been stamped by the manufacturer that they are in compliance with ASME /ANSI standards, AND that all covers, grates and mounting rings have been inspected to ensure they have been properly installed and are not broken or loose. St. Paul St. Cloud Rochester Milwaukee Chicago City of New Hope Swimming Pool Compliance Page 2 June 11, 2009 Upon completion of a majority of the work, Bonestroo made an inspection on May 19, 2009. Once all work was completed Bonestroo made a final inspection on June 2, 2009. These visual inspections found no deficiencies of the installed VGB modification work. Please retain a copy of this letter to have on hand at the pool during operation along with the enclosed set of plans and installation instructions. Please contact me at 651 - 604 -4759 if there are any questions or concerns. Yours truly, cc: Jason Quisberg, Bonestroo Enclosed New Hope Swimming Pool — Virginia Graeme Baker New Hope Swimming Pool — VGB Suction Outlet Modifications -New Hope, MN 000034 - 09000 -0 = ff • .. a) General: 1) Complete work as shown on the project drawings to modify the existing suction outlets to bring the facility into compliance with federal regulations. 2) Covers and frames for the project will be purchased by the City and are to be installed by the Contractor. 3) Paint for the project will be provided by the City and placed by the Contractor. 4) City of New Hope will obtain necessary State of Minnesota Department of Health Approvals for the pool related work. Contractor shall apply for all other necessary permits. City will pay fees for City of New Hope permits. 5) Contractor shall warrant work for two years. b) Specific Project Material Requirements: 1) New Piping and Fittings - Schedule 80 PVC piping and fittings. Fittings shall be injection molded. 2) Concrete and grout shall be structural mix, minimum 3000 psi, air entrained 6% +j- 1.5 %, 0.40 maximum water to cement ratio. Roughen and apply bonding agent, Acryl 60 as manufactured by Thoro Consumer Products or similar prior to placing new concrete at existing concrete walls. Saw cut for concrete removal areas to provide clean final surfacing. 3) Concrete reinforcement shall be ASTM A615, Grade 60. 4) Furnish and install Sikatop 122 Plus patching material as manufactured by Sika Corporation under floor suction outlet covers frame to serve as leveling material. Sika Product Armatec 110 Bonding agent shall be used prior to placing the Sikatop 122 Plus product. 5) Construction of concrete above the channel areas as shown on the drawings may require formwork to be left in place. Forming shall be constructed of fiberglass or other non - deteriorating materials with stainless steel fasteners. All materials shall be sized to support the weight of concrete. Formwork shall not restrict flow in any way. 6) Pool paint surfacing shall match existing finish. Finish shall be 3 coats of Tnemec Series 69 Hi -Build Epoxoline. Each coat shall be applied to provide 4 mils minimum dry film thickness. Provide silica sand in second coat of paint to assist in slip resistance for floors as needed. Do not provide in excessive amounts. Color to be Teardrop — 37BL. 7) Contractor shall bond stainless steel covers for Drop Slide Suction Outlet to the existing pool wall rebar to meet local, state and National Electrical Code requirements. Vul New Hope Swimming Pool — VGB Suction Outlet Modifications -New Hope, MN 2 000034 - 09000 -0 S= PARTS LIST DESCRIPTION PART # QUANTITY ANTI — ENTRAPMENT. COVER AV26X26 I Y4' GROUND LUG SCREW BDO2507 -5000 1 ANC HOR / PLASTIC CAP W S/S DROP Y' SOG HEAD SCREW LG, SSSC252 625E 4 0 ' S/S SOCKET —HEAD ANCHOR SETTING TOOL SBCA025 —TODL i �� CAP.SCREW ANTI —SEIZE LUBRICANT I SBANTI -SEIZE I CAULKING FEOCMOO -6510 I 1 PLASTIC TOOLS REQUIRED FOR INSTALLAT O00 -0750 4 L CONCRETE C � 2. 0%' CONCRETE E DRILL BIT 3. ifs' ALLEN WRENCH 4. PENCIL OR MARKER O� 5, HAMMER 6, DROP -IN SETTING TOOL (PROVIDED) INSTALLATION INSTRUCTIONS �� I. PLACE NEW ANTI - ENTRAPMENT COVER IN PLACE 2. MARK LOCATIONS OF ANCHOR HO MAIN MAIN DRAIN ANTI ENTRAPMENT MINIMUM 1' OF CONCRETE BETWEEN M DRAIN COVER AND LOCATION TO BE DRILLED ANCHOR HOLES 3. DRILL OW HOLE I' DEEP AT ALL 4 LOCATIONS, I ! I . CHECK MARKS AFTER EACH HOLE IS DRILLED (DRILL BIT MAY WALK) 4, INSERT Y S/S DROP -IN ANCHORS, MAKE SURE I I THEY ARE FLUSH OR SLIGHTLY BELOW CONCRETE, fq" S/S DROP -IN I SET THE ANCHOR BY STRIKING THE INTERNAL PIN ANCHORS ! WITH THE PROVIDED SETTING TOOL I 5, ATTACH THE GROUNDING LUG TO A SUITABLE j GROUND (IF REQUIRED) I ! 6. PUT COVER IN PLACE, TRACE AROUND PERIMETER, I PLACE ROPE CAULKING AROUND PERIMETER 75% OUTSIDE OF THE LINE 1' MINIMUM 7. APPLY ANTI -SEIZE LUBRICANT TO THE PROVIDED TYP SCREWS AND INSTALL COVER, LONGER SCREWS CAN ! BE PROVIDED IF NEEDED DUE TO AN UNEVEN FLOOR ! ! S. INSERT PLASTIC CAPS IN ALL SCREW HOLES a 9. MOLD CAULKING AROUND COVER TO FILL ANY GAPS CHECK COVER AND CAULKING BEFORE EACH USE OF MAIN DRAIN THE FACILITY. REPLACE CAULKING IF GAPS BECOME PRESENT OR CAULKING BEGINS TO DETERIORATE 2: ;'X26' ANTI — ENTRAPMENT COVER INFORMATION READ A UNDERSTAND COMPLETELY BEFORE INSTALLATION FAILURE ?Cj DO SO CAN CAUSE SEVERE INJURY AND /OR DEATH 1. THIS COVER MEETS ASME A112,19,8-2007 STANDARDS AND COMPLIES WITH VIRGINIA GRAEME BAKER ACT 2008 2, MANUFACTURED BY EUREKA MANUFACTURING, MODEL NUMBER AV26X26, MAXIMUM FLOW RATING IS 495 GPM 3. CLASSIFICATION IS 'SUBMERGED SUCTION OUTLET' AND IS APPROVED FOR FLOOR AND WALL INSTALLATIONS 4, THIS DESIGN IS MADE TO FIT OVER AN EXISTING MAIN DRAIN, REMOVE ALL PRESENT GRATING AND HARDWARE TO PREVENT AN ENTANGLEMENT HAZARD 5. ACCEPTABLE CONNECTING PIPE SIZES ARE 4', 6', 8', AND 10' 6, REPLACE HARDWARE WITHIN 10 YEARS, REPLACE COVER ITSELF WITHIN 20 YEARS, (NOT AN IMPLIED WARRANTY) 7. DO NOT LOCATE SUCTION OUTLET ON SEATING AREA OR ON THE BACK RESTS FOR SUCH SEATING AREAS 8, WHEN TWO OR MORE SUCTION FITTINGS ARE USED ON A COMMON SUCTION LINE THEY MUST BE SEPARATED BY A MINIMUM OF 3' (91.44 CM) OR POSITIONED ON TWO SEPARATE PLANES 9, IN THE EVENT OF ONE SUCTION OUTLET BEING COMPLETELY BLOCKED, THE REMAINING SUCTION OUTLETS SERVING THE SYSTEM SHALL HAVE A FLOW RATING CAPABLE OF THE FULL FLOW OF THE PUMP(S) FOR THE SPECIFIC SUCTION SYSTEM 10, DO NOT EXCEED THE MAXIMUM ALLOWABLE FLOW OF 495 GPM 11, THE SUCTION OUTLET SHOULD BE CHECKED FOR DAMAGE OR TAMPERING BEFORE EACH USE OF THE FACILITY rc 0. 12, MISSING, BROKEN, OR CRACKED SUCTION OUTLETS SHALL BE ¢ 0,7 7 _._.— REPLACED BEFORE USING THIS FACILITY > ob 13. LOOSE SUCTION OUTLETS SHALL BE REATTACHED OR REPLACED ~ 0.5 BEFORE USING THE FACILITY 6 0.4 N 0.3 14. WHEN REPLACING THE PUMP, MAKE SURE NOT TO EXCEED THE o 0.2 MAXIMUM FLOW FOR THE SUCTION OUTLET 0.1 15. SERVICE AND WINTERIZING INSTRUCTIONS CHECK CAULKING AND = ° so 360 150 200 z ° 300 350 400 450 5°o COVER DAILY WHILE POOL IS IN USE, IF COVER SHOULD BECOME LOOSE TIGHTEN SOCKET —HEAD SCP.EWS OR REINSTALL COVER FLOW <GPM) 16. READ, THEN KEEP THESE INSTRUCTIONS FOR FUTURE REFERENCE [ ANTI—ENTRAPMENT COVER INSTALL SC I6 NONE Dra wing NO. 26X26 t 10 -24 -08 Drawn AKP Ch Rw. NONE Ae/IEJSTALL A • A for Installation into Existing Concrete Ledge or Frame. Read instructions before installing. This cover must be properly installed using supplied brass screws. When using other than the supplied frame and fasteners, the design professional certifying the sump must also approve the type and installation of frame and fasteners used. Close pool immediately if cover breaks or becomes loose and replace with a new cover. Failure to maintain cover can result in severe injury or death. When installing the grate without using the supplied frame, the grate must be anchored into a solid concrete base using the fasteners provided. Use grate to locate and mark the 4 anchoring positions. Using a 5/16" concrete bit; drill the 4 holes to a depth of 1 ". Use caution. Do not over drill. Install the 4 drop -in stainless -steel anchors supplied and set with the proper tool. (Not provided) Using a #2 square head screwdriver, install the grate and tighten the brass screws supplied to 60 in /lbs torque: MLD -FGD -1818 - (4) 1/4 °X2 X1 -1/4° ( o# B ®LT- 03I3S) Use the fasteners provided to insure a minimum of 3 complete turns into concrete anchor. Ensure screws heads are flush. Total head loss at maximum flow rate is less than 0.3 PSI. each use of this facility and or at least annually. Link to general certification of conformity to VGB 2008 http://ww w.la w sonaquatics.com/certification.htm TM Call 1.800.897.6160 LAWS0"'-_,'_"(bb NQUATICS for inquiries or assistance The Wizards of Aquatic Technology Visit us t9 www.Jawon aquatics ,c Doc. # 2010 Replacement Domed Grate 1818 Rev. 03 -09 -1 Model # 1 SUCTION SUBMERGED Read all general, safety and installation literature first and then keep them for future reference.lf there are any questions or further information needed call 1- 800 - 897 -6160 for assistance. Frame have inserts for insertion of fasteners. Place the frame over the concrete formed pit. Drill hole for receipt of protruding inserts when supplied Insert and tighten the stainless steel square head screw in place to secure grate to the frame. Use only the fasteners supplied. Refer to Document #2020 for installation instructions. It is suggested to place a board over the opening until the pool has been surfaced and ready to receive the grate. MAXIMUM FLOW RATES AS TESTED ON MANUFACTURER'S SUMPS. 18X36 - Floor: 2,080GPM; Wall: 1,496GPM 10" or larger 1 to 1 ratio 18x18 - Floor: 816 GPM; Wall: 712 GPM 8" or larger 1 to 1 ratio 12x12 - Floor: 365 GPM; Wall: 340 GPM 6" or larger 1 to 1 ratio Flow rates were tested on a sump with a distance from the underside of the grate to the top of the pipe equal to the inside diameter of the pipe. The acceptable pipe sizes shown above are the minimum size to be used. For smaller size piping, the sump must be built to the minimum dimensions shown in the diagram below. IMPORTANT NOTICE The diagram below represents the ASME -2007 standards for minimum sump dimensions. �, 7Min n t I D I D Min L) Min D = Inside diameter of pipe. OJ All dimensions shown are minimums. A broken line indicates suggested sump configuration. CAUTION: The suction fitting fasteners must be observed for damage or tampering before each use of this facility and /or at least annually. Call 1.800.897.6160 for inquiries or assistance Doc. # 2100 Field Built Sump -Grate Install Rev. 03 -09 *, ,. 0 1 1 *00k Instruction for Installment for Frame Read instructions before installing. This cover must bo properly installed using only supplied stainless- steel screws. Close pool immediately if cover breaks or becomes loose and replace with a new cover, Failure to maintain cover can result in severe injury ordeath. «� During concrete placement, block-out for installation of PVC frame Minimum block-out: MLD-FGD-1212-15"x15"z4/2" 0 When setting frame, use proper concrete mixture to insure frame can only bo removed bydemolition. ' ' Use care to keep threaded brass inserts clean. 0 Using a#2 square head screwdriver, install the grate sxidtighten the screws supplied to 60 in/|bstorquo. mm Use on|ystainless-steel fasteners provided. 0 No other means of fasteners will beapproved. 10 Total head |oae at maximum flow rate is less than 0.1 PSI for MLD-FGD-1212 and 0.3 PSI for MLD~FGD-1818. 1/4" x 20 Screw Grout (Concrete Mixture) Frame Domed Grate Brass Insert (Model# BRASS-TI) CAUTION: Floor or Wall Concret The suction fitting fasteners must be observed for damage Ortampering before each use Of this facility and Or8t least annually. Call 1.800.897.6160 for inquiries or assistance Visit us at: www.lawsonaquatics.com Doc. #u02o Domed omm New Construction Rev. oxo9-u SUBMERGED SUCTION OUTLETS GENERAL SAFETY GUIDELINES ! ; i a M jjw"� A 1W 1 W 0 If there are any doubts about the use, installation and function of this product, always consult a Registered Design Professional. This product is for use as a Submerged Suction Outlet for multiple drain use only (FI -SG -1836 is unblockable and can be used for single use). When two or more suction fittings are used on a common suction line they shall be separated by a minimum of 3 feet, or if any are located closer they shall be located on two different planes (on the bottom and vertical wall) or 2 separate vertical walls. Do not locate suction outlets on seating areas or on the backrests for such seating areas. In the event that one suction outlet is completely blocked, the remaining suction outlets serving the system shall have a flow rating capable of the full flow of the pump(s) for the specific suction system. This sumps are fitted with the appropriate side pipe fitting. The main suction pipe diameter may possibly need to be increased if the collector tank distance is more than 30 feet. Refer to a Registered Design Professional. If a field built sump is to be used, refer to the enclosed AMSE 112.19.8 -2007 guidelines for correct sizing and formation of them. These are then to be certified by a Registered Design Professional within the State of installation. For use as in floor or wall mounting positions only. This grate / cover, part # MILD- GO- 1818(fflat), MILD- GOD- 1818(domed), and IV ILD- GOD- 1212(domed) is to be replaced after 10 installed years. Many codes differ from ASME /ANSI A 112.19.8 2007 recommendations. It is the responsibility of the installer to choose the proper suction fitting for the application. The suction fitting fasteners must be observed for damage or tampering before each use of this facility and or at least annually. Call 1.800.897.6160 for inquiries or assistance ri Doc. # 2050 Main Drain Install- Safety Guidelines Rev. 03 -09 -1 SUBMERGE SUCTION Page 1 of 2 Leone Valerie From: French Shari Sent: Tuesday, April 07, 2009 10:46 AM To: Leone Valerie Subject: FW: New Hope - VGB Suction Outlet Modifications Attachments: VGB Suction Outlet Modification - Outline Specification.pdf; 3409000W- 00500_Basic Contract.pdf; 3409000W- 00400_Quote.pdf; 3409000_PLANSET.pdf Shari, P &R From: Quisberg, Jason P [ mailto :Jason.Quisberg @bonestroo.com] Sent: Wednesday, April 01, 2009 3:39 PM To: McDonald Kirk Cc: Johnson Guy; French Shari; Corbett Jim Subject: FW: New Hope - VGB Suction Outlet Modifications Pool drain project update: Grates The 8 - 18 "x18" grates have been ordered from a company in Florida. We expect the grates to be delivered next week. We are working to confirm the delivery date. The grates will be delivered to Public Works. The 2 — 26 "x26" grates can be purchased locally (St Paul) and are currently in stock. I will pick up the grates Thursday afternoon and bring them out to New Hope with me Friday morning. Contractor Quotes Quotes for the work have been requested from three contractors. The information was sent out Tuesday. The quotes are due at 2pm Thursday. Schedule The anticipated schedule is slightly delayed from that shared at the March 23rd Council meeting due. However, it is still expected the work will be completed in time to allow the pool to be filled and open by the scheduled date. Perform work outlined in drawings April 6th thru April 17th Concrete Cure Time April 17 thru May 15th Paint New Exposed Concrete in Pool May 15t Pool to Be Filled with Water No Later than May 27th The email below, along with the attached files, is what was sent to the three contractors solicited for quotes. We will send the quote results when we receive them. Let me know if you have any questions at this time or would like more info. Jason Quisberg, PE Tel 651- 604 -4938 Cell 651 - 775 -5121 jason.quisberg @bonestroo.com V k ; t � Q 4/7/2009 Page 2 of 2 From: Schroeher, Mark Sent: Tuesday, March 31, 2009 10:19 AM To: 'bkanuit @poolconstruction.biz' Cc: Maland, Jim R Subject: New Hope - VGB Suction Outlet Modifications Hi Bill, As discussed, attached are the outline specifications, drawings and sample agreement form for the New Hope Pool VGB Suction Outlet Modifications project. We are requesting that quotes for this work be submitted to us by 2 pm on Thursday April 2n Below is our estimated time frame for the work: Perform work outlined in drawings April 6 thru April 17 Concrete Cure Time April 17 thru May 15 Paint New Exposed Concrete in Pool May 15 Pool to Be Filled with Water No Later than May 27t Please review and call myself or Jim Maland (651- 604 -4759) with any questions. We thank you for your interest in this project. Mark Schroeher, EIT Tel 651- 967 -4576 mark.schroeher@bonestroo.com 1 " 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651- 636 -1311 www .bon estr oo.com For Stimulus Plan Assistance contact: matt.shands bonestroo.com 4/7/2009 Virginia Graeme Baker Suction Outlet Modifications mmmm3mmmm [elm •' . • • • 1111 /' 111 11• New Hope Swimming Pool — VGB Suction Outlet . fodificotion. -New Hope, MN 000034- 09000 -0 E= . •' •r • a) General: 1) Complete work as shown on the project drawings to modify the existing suction outlets to bring the facility into compliance with federal regulations. 2) Covers and frames for the project will be purchased by the City and are to be installed by the Contractor. 3) Paint for the project will be provided by the City and placed by the Contractor. 4) City of New Hope will obtain necessary State of Minnesota Department of Health Approvals for the pool related work. Contractor shall apply for all other necessary permits. City will pay fees for City of New Hope permits. 5) Contractor shall warrant work for two years. b) Specific Project Material Requirements: 1) New Piping and Fittings - Schedule 80 PVC piping and fittings. Fittings shall be injection molded. 2) Concrete and grout shall be structural mix, minimum 3000 psi, air entrained 6% +/- 1.5 %, 0.40 maximum water to cement ratio. Roughen and apply bonding agent, Acryl 60 as manufactured by Thoro Consumer Products or similar prior to placing new concrete at existing concrete walls. Saw cut for concrete removal areas to provide clean final surfacing. 3) Concrete reinforcement shall be ASTM A615, Grade 60. 4) Furnish and install Sikatop 122 Plus patching material as manufactured by Sika Corporation under floor suction outlet covers frame to serve as leveling material. Sika Product Armatec 110 Bonding agent shall be used prior to placing the Sikatop 122 Plus product. 5) Construction of concrete above the channel areas as shown on the drawings may require formwork to be left in place. Forming shall be constructed of fiberglass or other non - deteriorating materials with stainless steel fasteners. All materials shall be sized to support the weight of concrete. Formwork shall not restrict flow in any way. 6) Pool paint surfacing shall match existing finish. Finish shall be 3 coats of Tnemec Series 69 Hi -Build Epoxoline. Each coat shall be applied to provide 4 mils minimum dry film thickness. Provide silica sand in second coat of paint to assist in slip resistance for floors as needed. Do not provide in excessive amounts. Color to be Teardrop — 37BL. 7) Contractor shall bond stainless steel covers for Drop Slide Suction Outlet to the existing pool wall rebar to meet local, state and National Electrical Code requirements. 1111►I!7 !Vew Hope Swimming Pool — VGR Suction Outlet Modiication.s -New Hope, MN 2 000034 - 09000 -0 E�