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IP #819PROJECT NO.819 Skate Park at Civic Center Park Item 8.3 8/13/07 Authorization to prepare plans and specifications, perform preliminary survey work, prepare cost estimate, and seek quotes for a concrete pad for the Skate Park proposed for Civic Center Park (improvement project no. 819) Res. 07-143 9/24/07 Resolution authorizing the project and appropriation of funds of $11,215 for grading the site for the skate park proposed for Civic Center Park by Dave Perkins Contracting, Inc. (improvement project no. 819) Res. 07-172 11/26/07 Resolution approving final pay request to Dave Perkins Contracting Inc. for the grading work for the Skate Park project at Civic Center Park (improvement project no. 819) Item 8.1 3/10/08 Based on recommendation of committee, Council authorized staff to seek quotations for modular type equipment. (no formal vote was taken) Res. 08-61 4/14/08 Resolution authorizing the project and appropriation of funds of $28,480 for concrete for the skate park proposed for Civic Center Park by Curb Masters, Inc. (improvement project no. 819) Res. 08-62 4/14/08 Resolution authorizing the acceptance and appropriation of funds for the purchase and installation of skate park equipment submitted by Landscape Structures of $75,827.83 for the skate park project (improvement project no. 819) 'des. 08-115 8/25/08 Resolution approving final pay request to Curb Masters, Inc. for concrete work for the Skate Park at Civic Center Park (improvement project no. 819) rni mrn Request for Action Originating Department Approved for Agenda Agenda Section Consent Parks and Recreation 08/25/08 Item No. By: Shari French, P &R Director By: Kirk McDonald, City Manager 6.4 Resolution approving final pay request for Concrete work for the Skate Park at Civic Center Park to Curb Masters, Inc. (improvement project no. 819) Requested Action Staff recommends that the City Council approve a resolution to accept the concrete work done for the Skate Park Improvement Project (project #819) and authorize final payment to Curb Masters, Inc., in the amount of $29,765.00. As noted in the engineer's letter, this is $1,285 more than the original quote of $28,480 provided by the company due to a need for an increase in the amount of topsoil material placed on site. The original engineer's estimate for this work was $29,700. Background In 2005 the City Council received a request from a resident for consideration of a Skate Park in New Hope. The Citizen Advisory Commission studied the idea and recommended that if funds were available that the idea was worth considering. At the March 19, 2007 work session the city council directed staff to begin plans to build a Skate Park in Civic Center Park. A planning committee of children, parents, CAC members, city engineers and city staff was formed. They met a number of times to study the need, the favored location, and the best type of equipment to recommend. In fall of 2007 the site was graded. In March 2008, the committee made their recommendation for steel equipment to the city council and the purchase was approved. The concrete work was completed in the spring and the park opened mid June with the grand opening of the new skate park occurring on June 26th. Since opening, the skate park has been used everyday (weather permitting) by many users. The League of MN Cities Loss Control Consultant inspected the final sk8 pad recently and commended the city. He stated in his letter, "It is obvious that the City feels that it is important to have a variety of activities for the area youth. [He] had no recommendations as a result of [his] visit ". Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) Attached is a copy of the contractor's invoice, a letter from the city engineer, and letter from League of Cities. Motion by Second by To: I: \RFA \P &R \PARKS \Q -819 concrete work final.doc City of New Hope Resolution No. 08 -115 Resolution approving final pay request for Concrete work for the Skate Park at Civic Center Park to Curb Masters, Inc. (Improvement project no. 819) WHEREAS, the city entered into a contract with Curb Master, Inc., for the concrete work for the Skate Park at Civic Center Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the concrete work as part of improvement project 819 and approve final payment to Curb Masters, Inc., in the amount of $29,765.00; and, WHEREAS, the city engineer reports that all work has been satisfactorily completed and recommends that final payment be made to Curb Masters, 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 concrete work at Civic Center Park for the Skate Park, improvement project #819 from Curb Masters, Inc. 2. That the city manager is hereby directed to authorize the final payment of $29,765.00 to Curb Masters, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 25 day of August 2008. h Mai r Attest: City Clerk I: \RFA \P &R \PARKS \Q -819 concrete work final.doc 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636.4600 Fax 651 - 636 -1311 www.bonestroo.com August 19, 2008 Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Civic Center Skate Park Concrete — Final Payment City Project No. 819 Project No. 000034 - 07205 -0 Dear Shari, The Civic Center Skate Park project has been divided into three components: grading, concrete work, and equipment. The contract for the concrete work of this project was given to Curb Masters, Inc. All work has been completed, final payment has been requested and the required IC- 134 forms received. The contract amount for this project was $28,480.00. The value of the work completed is $29,765.00. The additional cost is due to an increased amount of topsoil material placed on site. The additional material was required to better transition the concrete pad to the existing terrain and provide an improved growing medium for the new turf. The original estimate for the concrete pad construction was $12,090 for the grading work and $29,700 for the concrete work, or $41,790. The actual costs for the work were $10,915 and $29,765 respectively, for a total of $40,680 — or $1,110 (2.7 %) less than the estimated amount. We recommend final payment in the amount of $29,765.00 be made to Curb Masters, Inc. for the work under the concrete contract for the Civic Center Skate Park project. Please feel free to contact me at 651- 604 -4938 if there are any questions about the work completed or the project. Sincerely, Jason P. Quisberg, P.E. Uolllt4utjo OL)l OLU 7Ot1rj "UMD 1 I mmo rmQc� W41 U4 Monday, August 11, 2008 MAMRS, If9 "ect Location: New Hope Project Name; Civic Center Skate Park Job Number: 3804 *** INVOICE *** 41112008 Through 81111,2008 Item Quantity Unit Price . Extension 01 Mobilization 1.00 LS @ $535.00 $535,00 02 5" Concrete Pavement Reinforced 6,000-00 SF $4.30 $26,800.00 03 MNDot Mixture 270 Seeding 1.00 LS $385-00 $385.00 04 Premium'ropsoil Borrow 80.00 CY @ $44,00 $3,62000 97 Seeding/City Deduct 475,00 LS ($475..00) Total Balance Due $29,765.00 Thank You for your businessi Net Due 30 Days A late payment charge of 1 112% per month 18% per annum - will be applied to all past due balances Curb Masters, Inc. N 500 W Poplar Street ■ Stillwater, MN 55082-4243 N (651) 351-9200 Fax (651) 351-9300 `An Equal Opportunity Employer" City of New Hope 4401 Xylon Ave North New Hope, MN 55428-4898 o0 jEAGUEoF MINNESOTA CITIES m Kirk McDonald, City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONNECTING & INNOVATING SINCE 1913 Regarding: Loss control survey of the skatepark on 7 -30 -08 Dear Mr. McDonald: On the above date I met with you, Julie Linnihan, Finance Manager, Steve Ellingson, Athletic Supervisor, and Shari M. French, Parks and Recreation Director, to perform a loss control survey for the skatepark located next to City HaII. Loss control services are provided as part of the City of New Hope's participation in the League of Minnesota Cities Insurance Trust. Discussion: During this survey, we visually observed the skatepark and skatepark features. Steve told me in detail about the methods used to procure and install the skatepark features. The skatepark is 6,000 square feet (100x60), and there are no features in the park over 48 inches high. There are two skatepark rules signs, all trash barrels are secured, and the park does not have a fence. The lighting in the park is good, and there is a restroom within fifty feet of the park. I commend the City of New Hope on this skatepark. It is obvious that the City feels that it is important to have a variety of activities for the area youth. I had no recommendations as a result of my visit. Thank you for your assistance during my visit. If you or any of your staff have safety related questions, please contact me. Sincere] , Scott T. Gesinger Loss Control Consultant Phone 612 -766 -3173; Fax 612- 766 -3199 Email saesingeraberkleyrisk com c: Ray Smith Agency, 9955 59 Avenue North, Suite 130, Plymouth, MN 55442 Recommendations and comments are provided for loss control and risk exposure improvement purposes only in conjunction with the insurance program referenced above. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do not infer or imply in the making of these recommendations and comments that all sites were reviewed or that all possible hazards were noted. The final responsibility for conducting loss control and risk management programs must rest with the insured. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 222 SOUTH 9TH ST., SUITE 1300 PHONE: (612) 766-3000 FAX: (612) 766 -3199 LOSS CONTROL FIELD SERVICES MINNEAPOLIS, MN 55402 -3332 TOLL FREE: (800) 449 -7707 WEB: WWW.LMC.ORG 08/13/2008 01:34 651-351-9300 CURB MASTERS PAGE 02/02 Page I of I MINNESOTA- REVENUE Contractoes Withholding Affidavit Confirmation CURB MASTERS INCORP 10 2207114 Please keep this information for your reco 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 210479 Wed Aug 13 13-26:33 CDT 2008 CITY OF NEW HOPE 819 May 2008 June 2008 SKATE PARK NEW HOPE No subcontractors listed. https:/Ivv'ww.inndor.state.trun.us/w R11'1/')AAQ 08/14/2008 03:12 651-351-9300 V5/I%/AVV* 10:14 r ju izILV I VU -R FVJ, ' N I if F Contractor's Withholding Affidavit Confirmation NE :W LOOK CONTPACTtNG NC CURB MASTERS 14 " LUUN UVAirlat'AAAV VUAD MA01hno ID 2321133 ke l - 'P t recorcis Submit GI copy of ep(js pare to th . DrOIA-ct owner to, YOUr f(noi a�ayjijent, Confirmation i1u9 4or Project Qwt)or +? IQ 7 Cj 7 T I I u 9 1 1 4: i� r f r, CITYOFNEWHOPE Pfojei�t nijm4er 81Q Project beq[n data; tAav 2oGe Pf'*-ct and date ,rune 2006 Project location GWIC CENTFP, SKATE PARK-NFvV HOPE 5tsbcontractors No suh4anP ji-ged, PAGE 02/02 wuuz/VU4 Page I of I 8/] 4/`008 On August 6, 2007 the City Council discussed the project and directed that the city engineer and staff look at preparing the site this fall, let the fill set over the winter, then pour concrete and purchase and install equipment next year. The committee is to continue to study equipment options. At the August 13, 2007 council meeting staff and engineers were directed to prepare plans and specifications, perform preliminary survey work, and seek quotes for grading work for the Skate Park. The estimate from the engineers for the grading project was $17,300. Quotes were sought and on September 24, 2007 the city council authorized the purchase and appropriation of funds for the grading of the site for a Skate Park for Civic Center Park (project 819) from Dave Perkins Contracting for $11,215. The project plan calls for the concrete work and skate park equipment bids to be sought in the spring of 2008. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. Attachment(s) Attached is a copy of the contractor's invoice in the amount of $10,915.00 and a letter from the city engineer. I: \ RFA \ P &R\ PARKS \ Q -819 Skate Park Grading Final.doc City of New Hope Resolution No. 07- 17 2 Resolution approving final pay request to Dave Perkins Contracting Inc. for the grading work for the Skate Park Project at Civic Center Park (improvement project no. 819) WHEREAS, the city has entered into a contract with Dave Perkins Contracting, Inc., for the grading work for the Skate Park at Civic Center Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the grading work as part of improvement project 819 and approve final payment to Dave Perkins Contracting, Inc., in the amount of $10,915.00; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Dave Perkins Contracting, 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 Civic Center Park for the Skate Park, improvement project #819 from Dave Perkins Contracting, Inc. 2. That the city manager is hereby directed to authorize the final payment of $10,915.00 to Dave Perkins Contracting, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 26th day of November 2007. Attest: City Clerk Al 17'. Mayor I: \RFA \P &R \PARKS \Q -819 Skate Park Grading Final.doc 2335 Highway 36 W St, Paul, MN 55113 Tel 651 - 636.4600 Fax 651 - 636 -1311 www.bonestroo.com November 20, 2007 Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Civic Center Skate Park Grading — Final Payment City Project No. 819 Project No. 000034 - 07205 -0 Dear Shari, i1 Ii The Civic Center Skate Park project has been divided into three components: grading, concrete work, and equipment. The contract for the grading work of this project was given to Dave Perkins Contracting. All work has been completed and final payment has been requested. The contract amount for this project was $11,215.00. The value of the work completed is $10,915.00. The savings is due to all of the excavated material being placed on site, eliminating the need to haul any material off -site. We recommend final payment in the amount of $10,915.00 be made to Perkins Contracting for the work under the grading contract for the Civic Center Skate Park project. Please feel free to contact me at 651 - 604 -4938 if there are any questions about the work completed or the project. Sincerely, � � /- 06 2:/� Jason P. Quisberg, P.E. olave perldna contracting 1111C. 7060143rd Ave. N.W., Suite 100 Ramey, MN 55303-6014 BILL TO City of NIm Hope ATTN: Vince Vandaitop 4401 Xylon Avenue North Now Hope, N4N 55428 Invoice DATE INVOICE NO. 10/2912007 24302 JOB REFERENCE Civic Center Skate Park New f•lope Project No, $ SERVICED DESCRIPTION QTY RATE AMOUNT 10/26/2007 Site Grading As Per Contract 10,915,00 10,915-00 Total TERMS: Due upon receipt. All Fast Due Accounts will be charged a i u0o Servioe Charge Per Month, ldmm lowkins 0611trilvilmo Inc. (763) 427-0109 Fax 427-3806 gZwnl�- At 0 1 53SM (!"u) is Company Name: Signature: Printed Name of Signer: Title: QUOTE FORM Civic Center Skate Park - Grading New Hope, Minnesota City r roj eat No. 819 File No. 000034-07205-0 Quote Due: Thursday, September 13, 2007, 1:00 P.M., C.S.T. Return to: Jason P. Quisberg Fax Number 651-636-1311 Office Number 651-604-4938 Cellular 651-775-5121 BONESTROO UNIT TOTAL ITEM UNIT QTY COST COST 1. Mobilization LS 1 2. Protection of Catch Basin, Non-Street EA I JV'. 3. Site Grading LS 1 4. Common Excavation, Off-Site CY 20 5. Type IV Geotextile Fabric (Non-Woven) sy 7os 6. 4" PE Perforated Drain Tile LF 235 � — T. Connect (Core Drill) Drain Tile To Ex. Structure EA 1 8. Select Granular Borrow Cy 235 9. MnDOT Mixture 270 Seeding - Dormant LS I 10. Erosion Control Blanket SY 120 3(o o. Total Quote 10 -, Company Name: Signature: Printed Name of Signer: Title: COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development and Parks and Recreation April 14, 2008 Plannin Item No. By: Shari French I By: Kirk McDonald, City Manager 8.5 Resolution authorizing the acceptance and appropriation of funds for the purchase and installation of skate park equipment submitted by Landscape ;Structures of $75,827.83 for the skate park (improvement project #819) Requested Action Staff is recommending that council accept the bids for the skate park equipment and installation presented by Landscape Structures for Skate Wave Equipment through the US Communities bid process. This program is similar to the state's cooperative purchasing venture and guarantees that the city gets the equipment the committee is recommending at a pre - negotiated bid price. This cost will include $70,827.83 for the steel equipment and installation costs of $5,000.00. Background In 2005 the City Council received a request from a resident for consideration of a Skate Park in New Hope. The Citizen Advisory Commission studied the idea and recommended that if funds were available that the idea was worth considering. At the March 19, 2007 work session the city council directed staff to begin to plan to build a Skate Park and to locate it in Civic Center Park. Staff formed a planning committee of children, parents, CAC members, city engineers and city staff who met a number of times to study the need, the favored location, and the best type of equipment to recommend. In fall of 2007 the site was graded. In March 2008, the committee made their recommendation for steel equipment to the city council. The Council that evening directed staff to proceed with the project according to the recommendation of the skate park committee which included seeking a bid through the US Communities Government Purchasing Program. The plan upon final approval is to pour the concrete slab as soon as weather allows and have equipment delivered and installed by late spring. The plan at this point is to have a grand opening of the new skate park sometime in June. l Motion by )��) Second by To: I: \RFA \P &R \PARKS \R -819 Final Equipment & Installation Quotes.doc Request for action April 14, 2008 Page 2 The equipment included in the skate park bid consists of: 1. Obstacle 1 - Grind box /Grind ledge 2. Obstacle 2 - Bank - quarter pipe 45 degree hip 3. Obstacle 3 — Skate table /straight jump ramp 4. Obstacle 4 - Quarter pipe 5. Obstacle 5 - Bank to bank /stairs /across -down grind ledge /quarter pipe to bank launch box /spine /manual pad 6. Obstacle 6 — Bank 7. Obstacle 7 - Skate bench 8. Obstacle 8 - Flat grind rail Funding Funds are available in the Park Infrastructure Fund which is levy funded each year. This fund was established in 2001 by city council action. The cost for grading last fall totaled $10,915.00. The cost of the concrete pad to be installed this spring is $28,480.00 (also on the agenda for approval tonight). Total costs for grading, concrete, equipment and installation total $115,222.83. Attachment(s) Attached are the quotes from Earl F. Anderson for the equipment and installation. I: \RFA \P &R \PARKS \R -819 Final Equipment & Installation Quotes.doc City of New Hope Resolution No. 2008 - 62 Resolution authorizing the acceptance and appropriation of funds for the purchase and installation of skate park equipment submitted by Landscape Structures of $75,827.83 for the skate park Improvement project #819 WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the funds for this 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 $75,827.83 for payment to Earl F. Andersen from the Parks Infrastructure Fund account is authorized and the 2008 Parks operating fund budget is hereby amended. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14 day of April, 2008. Attest: 4CEL City Clerk 4 Mayor I: \ RFA \ P &R \ PARKS \ R -819 Final Equipment & Installation Quotes.doc j �i i Center Park - Phase 1 Hope, MN arG t •€ "f y 9 R t ar r4 t tc �y f MIMI S W 3_111 _18940- 1-1 -p1 7/3/2007 Earl F.Andersen, Inc i �� obstacle 1 - grind box/ grind ledge obstacle 2 - bank - quarter pipe 45 degree hip obstacle 3 - skate table/ straight jump ramp obstacle 4 - quarter pipe obstacle 5 - bank to bank w/ stairs/ across -down grind ledge quarter pipe to bank launch bax/spine/ manual pad obstacle 6 - bank obstacle 7 - skate bench obstacle 8 - flat grind rail "i! i �361AQOk2U0q- lAadu {ar Skalepa�k Systems Page: ENTERED BY: KIM QUOTE NUMBER: 0091252 QUOTE DATE: 3/12/2008 QUOTE TO: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 55428 ATTN: PHONE: 763 -531 -5151 SHIP TO: CIVIC CENTER SKATEPARK NEW HOPE, MN 55428 FAX: QTY ITEM NO. DESCRIPTION PRICE EACH EXT PRICE 1.00 SKATEPARK SKATEWAVE 3.0 SKATEPARK DESIGN #18940 -1 -2 1.00 USCOMMUNITIES US COMMUNITIES CONTRACT DISCOUNT * *A US COMMUNITIES PURCHASE, PLEASE MAKE PURCHACE ORDER OUT TO: LANDSCAPE STRUCTURES INC 607 7TH AVE DELANO, MN 55328 70,450.00 - 4,227.00 70,450.00 - 4,227.00 NOTE: This Quotation is valid for 30 days Please call for confirmation after that date. Prices are NOT based on SUBTOTAL: 66,223.00 prevailing wages. SHIPPING & HANDLING: 282.00 DISCLAIMER FOR UNKNOWN CONDITIONS: The following disclaimer applies only when installation is quoted SALES TAX: 4,322.83 This quotation is based on the area being free of all debris such as but not limited to the following *Concrete footings or T OTAL: 70,$27.$3 blocks of any type *Bedrock or rocky conditions of any type *Tree stumps, trees, cans, bottles, metal or any other debris *Utilities requiring any holes to be dug by han d *If area is not accessible to a bobcat and other equipment necessary for installation. *If water exists in site area or footings after they are dug *Or any other unknown conditions not listed or visible F.O.B: FACTORY TERMS. NET 30 DAYS Shipment approx. 3 -4 weeks upon receipt of order and subject to credit approval Do you require a 24 -hour delivery notice? F Yes 7 No --`�� < Approved by: Signe bey :--�' � 7 CONTRACTOR TO CONFIRM ALL QUANTITIES Date - 9701 Penn Ave S, #100 • Bloomington, MN 55431 e Phone: 952- 884 -7300 - 1- 800 -862 -6026 • Fax: 952- 884 -5619 www.efa- mn.com . e -mail: parkandrecinfo @efa- mn.com OR trafficinfo @efa - mn.com EOE /AA ENTERED BY: KIM Earl F. Andersen QUOTE TO: CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 55428 F.T4 PHONE: 763 -531 -5151 Page: QUOTE NUMBER: 0091317 QUOTE DATE: 3/12/2008 SHIP TO: CIVIC CENTER SKATEPARK NEW HOPE, MN 55428 FAX: QTY ITEM NO. DESCRIPTION PRICE EACH EXT. PRICE 1.00 SKATEPARK INSTALLATION OF SKATEPARK DESIGN # 18940 -1 -2 5,000.00 5,000.00 NOTES This quotation is valid for 30 days Please call for confirmation after that date. Prices are NOT based on SUBTOTAL: 5,000.00 prevailing wages. SHIPPING & HANDLING: 0.00 DISCLAIMER FOR UNKNOWN CONDITIONS: The following disclaimer applies only when installation is quoted SALES TA X: 0.00 This quotation is based on the area being free of all debris such 4 but not limited to the following *Concrete footings or blocks of any type, *Bedrock or rocky conditions of any type *Tree stumps, trees, cans, bottles, metal or any other debris *Utilities requiring any holes to be dug by hand *If area is not accessible to a bobcat and other equipment necessary for installation. *If water exists in site area or footings after they are dug *Or any other unknown conditions not listed or visible F.O.B: FACTORY TOTAL: 5,000.00 TERMS.* NET 30 DAYS Shipment approx. 3 -4 weeks upon receipt of order and subject to credit approval Do you require a 24 -hour delivery notice? F7 Yes 7 No � Approved by: S' A NTRA TO TO CO ALL QUA I Date 971 Penn �ve, #100 Bloomington, MN 5431 - Phone: 952 - 884 -73 f -I-800- 62 -6026 ® Fax: 952 -884 -5619 www.efa - mn.com - e -mail: parkandrecinfo@efa- mn.com OR trafficinfo@efa- mn.com EOE /AA Earl F. Andersen, Inc. Addendum 1 Terms & Conditions Page 1 of 2 1. GENERAL - Reasonable care shall be taken to preserve landscaping shrubs and bushes, but no warranty is expressed or implied as to condition or survivability of plants. Grass or turf shall be preserved to the best of our ability, however, should replacement be necessary, it is outside the scope of this proposal and would constitute an additional cost to owner. Indentations in sod caused by heavy equipment running over it will not be repaired without additional cost to owner. Sod and dirt spoils produced by drilling holes for the equipment or excavation will be disposed of on site unless owner directs the removal of the spoils and covers the cost of the removal to a suitable dump site. Care shall be taken to preserve the integrity of irrigation systems that are within the scope of the proposed work. It should be noted that repair work would be performed by a licensed irrigation installer at owner's expense beyond the proposal price. All electrical lines, gas pipes, water lines, telephone cable and cable transmission lines will require a confirmation number from "Gopher One Call" before the installer proceeds with any work. On community build projects the customer must provide installer with a copy of any and all "As Built" plans as available as well as locate and mark all private utilities in the installation area. Earl F. Andersen, Inc. is not responsible for repairing any underground lines hit during installation that are not marked or are not shown on plans provided to the installer. Installer will cease all work and notify customer of any underground lines hit during installation and will not proceed with the installation until the customer gives written notice to proceed. If applicable it is suggested that temporary services for both telephone and cable be installed and left above ground to prevent service interruption. 2. SITE PREP - If this work is not done by Earl F. Andersen, Inc. or its authorized subcontractor the customer and /or its excavator /subcontractor are responsible for properly excavating all areas and /or installing any base material to the proper depth so the specified thickness of the sub -base, base, and surfacing meet finish grade. Any delays, adjustments, supplying, removal, and installing of additional sub -base or base that would be required to meet finish grade will be done at an additional charge. Earl F. Andersen, Inc. will not warrantee any work done on a base /excavation not done by Earl F. Andersen, Inc. or its authorized subcontractor. Verification of the base /excavation measurements will be performed by Earl F. Andersen, Inc. or its authorized subcontractor and any issues will be brought to the customer's attention for approval prior to the work proceeding. Minimal site prep is included in these estimates to achieve a final grade not to exceed 1" of surface grading with no removal of material. These estimates assume final grade with no more than 1% slope for drainage. Earl F. Andersen, Inc. assumes no liability for poor drainage or unleveled ground. There is a charge per employee if the installation crew arrives on site at the scheduled time and the site is not suitable for equipment /surface installation. Customer initials: Date: Ear! F. Andersen, Inc. Terms & conditions Page 2 of 2 ROCK /WATER CHARGE - If rocks or water are encountered during the installation process, and it becomes necessary to bring in special equipment to drill holes, remove and /or dispose of the above mentioned obstacle. The customer will be informed of the situation during which time work will continue unless notified by the customer not to proceed. Additional charges will be applied to the final invoice based upon the above circumstances. 4. ACCESSIBILITY - An open, level unobstructed and accessible site for the machines, trucks, delivery and storage of materials is required. Earl F. Andersen, Inc. will not assume any liability for broken sprinklers, drains, valve covers, landscaping, concrete sidewalks, curbs or any other fixtures in the path due to the operation of this equipment between the installation site and the offloading point for the equipment and materials. If the site is not accessible for this equipment, this order is invalid and will not be honored. Any hand excavation, removal and replacement of any obstructions above or below grade will be done at an additional charge. 5. LONG CARRY /LIMITED ACCESS CHARGE - A long carry /limited access charge may apply if the distance from the installation site to the off -loading point is greater than originally noted or if access to the installation site is restricted due to but not limited to terrain, and /or immovable obstacles such as retaining walls, fences, steep inclines or narrow passages. It is the customer's responsibility to notify Earl F. Andersen, Inc. in writing if these conditions change prior to the installation date so that a proper evaluation can be made and the proposal can be adjusted accordingly. Failure by the customer to notify Earl F. Andersen, Inc. in advance of these changes will result in additional charges being added to the final billing. Customer will make every effort to assist the installation team in procuring an accessible route for the equipment delivery truck and the fall zone material delivery truck (typically a 42' van or flatbed). I have read the above Addendum 1 to the proposal for installation and will make every effort to inform and assist the Earl F. Andersen, Inc.'s installation crew so as to eliminate obstacles and to provide a safe and efficient installation of the equipment on our site. EFA's responsibility of completion is considered final upon signature of customer sign off sheet. I /we amw to abide by these conditi City Manager Signature Title Kirk McDonald Print Name City of New Hop Company Name April 16, 2008 763 - 531 -5100 Date Telephone U28783 Order Acknowledgement ATTN: Bill To: 61912 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 USA m Date of Page Order 04 -25 -08 1 SALES ORDER NUMBER U28783 Ship To: 61912 DEALER 111 Earl F. Andersen, Inc. >\T °''' Hope Parks & Recreation SCHEDULED SHIP DATE 05 -12 -0E Xylon Avenue North SHIP VIA Truckload Hope, MN 55428 FREIGHT TERMS Third Party Bi PAYMENT TERMS Net 30 days f 0 1 4 'f ORDER ENGINEER f PROJECT NAME Civic Center Sk ORDER COMMENTS: MF: Civic Y #45126 Call 24 hr 952- 393 -2945 Third Party Dill: Earl F. Andersen 9701 Penn Avenue South #100 Bloomington, MN 55431 Ln Part Sell Order Remain Unit Extended No Number UM Qty Qty Price Price 1 149877 -00 -000 SKATEWAVE 3.0 PARK LWA 2 146670 -00 -000 EA 1 1 STREET GRINDBOX /LEDGE 8F STREET GRINDBOX 10 -7/8i HIGH x 37 -1/2i WIDE X 95 -1/2i LONG WITH LEDGE ON TOP 16 -1 /2i HIGH x 18 -3/4i WIDE x 95 -1 /2i LONG W/ REINFORCED RECYCLED BOARDS 3 153530 -00 -000 45* HIP 4X8BNK- QUARTER PIPE 4FT 4 148959 -00 -000 JUMP LAUNCH 1FT SURFACE 5 146593 -00 -000 SKATE TABLE EA IX8QTR STL SW3 HIGH X 8FT WIDE EA STR STL SW3.0 6 148244 -00 -000 QUARTER PIPE 4X16 SKATE SURFACE Customer Change Order Order 45126 1 1 1 1 .0 45* HIP BANK 4FT HIGH X 8FT WIDE / STEEL SKATE SURFACE 1 1 JUMP LAUNCH 1FT STRAIGHT STEEL SKATE 1 1 EA 1 1 STL SW3.0 QUARTER PIPE 4FT HIGH X 16FT WIDE WITH STEEL 601 7th St. South, Delano, MN 55328, Tel 763.972.3391, 888.4FUNLS1, Fax 763.972.3185, playlsi.com EMM -SW- ATTN: Bill To: 61912 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 USA Customer Change Order Order 45126 Date of Page Order 04 -25 -08 2 SALES ORDER NUMBER U28783 Ship To: 61912 DEALER 111 Earl F. Andersen, Inc. New Hope Parks & Recreation SCHEDULED SHIP DATE 05 -12 -08 4401 Xylon Avenue North SHIP VIA Truckload New Hope, MN 55428 FREIGHT TERMS Third Party Billing USA PAYMENT TERMS Net 30 days ORDER ENGINEER PROJECT NAME Civic Center Skatepark /PO #45126 Ln Part Sell Order Remain Unit Extended No Number UM Qty Qty Price Price - 7 149134 -00 -000 EA 1 1 STAIRS 2FT X 4FT WIDE STAIRS 2FT HIGH X 4FT WIDE 4 -STEPS 8 148327 -00 -000 EA 1 1 LAUNCH BOX 2X8X4 QTR -BNK SW3.0 LAUNCH BOX QUARTER PIPE 2FT HIGH X 8FT WIDE / BANK 2FT HIGH X 8FT WIDE 8X4 DECK WITH STEEL SKATE SURFACE 9 148376 -00 -000 EA 1 1 SPINE 3X4 STL SW3.0 SPINE 3FT HIGH X 4FT WIDE WITH STEEL SKATE SURFACE 10 149987 -00 -000 EA 1 1 BNK -BNK 2X8X8 -2X4 STAIRS BANK TO BANK 2FT HIGH X 8FT WIDE WITH 8X8 DECK WITH 2X4 BANK AND STAIRS 2FT HIGH X 4FT WIDE (LESS STAIRS) STEEL SKATE SURFACE 11 146023 -00 -000 EA 1 1 STREET GRINDBOX 5x47x96 STREET GRINDBOX 5i HIGH x 46 -7/8i WIDE x 95 -1 /2i LONG W/ REINFORCED RECYCED BOARDS 12 149208 -00 -000 2FT LEDGE UP /ACROSS U28783 Order Acknowledgement 1 1 13 148258 -00 -000 EA 1 1 BANK 4X12 STL SW3.0 BANK 4FT HIGH X 12FT WIDE WITH STEEL SKATE SURFACE 14 146441 -00 -000 SKATE BENCH 1 1 JAAA 601 7th St. South, Delano, MN 55328, Tel 763.972.3391, 888.4FUNLSI, Fax 763.972.3185, playlsi.com U28783 Order Acknowledgement ATTN: Bill To: 61912 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 USA Customer Change Order Order 45126 Date of Page Order 04-25-08 3 SALES ORDER NUMBER U28783 Ship To: 61912 DEALER 111 Earl F. Andersen, Inc. New Hope Parks & Recreation SCHEDULED SHIP DATE 05-12-08 4401 Xylon Avenue North SHIP VIA Truckload New Hope, MN 55428 FREIGHT TERMS Third Party Billing USA PAYMENT TERMS Net 30 days ORDER ENGINEER PROJECT NAME Civic Center Skatepark/PO445126 Ln Part Sell Order Remain Unit Extended No Nun e r TIM Qt)r Qty Price Price I 15 145691-00--000 EA 1 J_ FLAT GRIND RAIL LOFT TALL FLAT RECTANGULAR GRIND 'RAIL 15i HIGH X 1OFT LONG SUB-TOTAL 66,223.00 Additional Charges Delivery Charges 282.00 Primer Coat 0.00 Sales Tax 4,322.83 Balance Due 70,827.83 **DO NOT PAY - THIS IS NOT AN INVOICE** 1.50% FINANCE CHARGE PER MONTH IMPOSED AFTER 30 DAYS OF INVOICE DATE 601 7th St. South, Delano, MN 55328, Tel 763.972,3391, 888.4FUNLSI, Fax 763.972.3185, playlsi.corn Thank you for selecting Landscape Structures for your park and playground equipment. Landscape Structures takes great pride in assuring that your shipment was effectively packaged and complete. Smaller parts may be individually packaged or nested with larger parts. Here is a checklist to follow when unloading and unpacking your shipment. At Time Of Delivery (before the driver leaves) T he quantity of shipping units should be compared to the shipping unit quantities sr1c on the bill of lading. If they do not match, note the discrepancy on th e bil op, of the bill of lading before signing (see reverse side for an example of c a I of lading). Inspect each piece of equipment for signs of damage (i.e, torn packaging, punctures, etc ). Freight damage notations should be listed on the bill of lading and comnnuniccm- at rn the driver with as Much detail as possible in order to avoid controversy a snould a claim be necessary. Make sure all shipping units you receive are actually addressed to you as trucks may carry multiple shipments. Post Delivery Inspection -ach piece of equipment should be checked off against your packing list and secure area until you're ready to begin installation. If for some reason you are rn!ss.,F;- equipment, please contact your Landscape Structures sales representatl (see side for an example of a packing list). When inspecting, please try to minimize the amount of tearing of the packaging and do not dispose of packaging materials/labels until installation is complete. The information on the packaging MAP a may be needed in the event that the manufacturer needs to be contacted. if concealed damage is found, please contact your Landscape Structures sales representative within 15 days j` „� =i -c-,_ from the time of delivery to protect your rights as the consignee. From. L and SC�pe This is where your Structures �nC. Total number of units in your shipment . Playstructure was In this case there are a total of 5 crates. 601 71h Siteel South manufactured P.O. Box 198 skids and /or pieces. This is the 1st of Maio. (YIN 55328 those units. Ycur Sales Order number ---- - - T44828 — A This line tells you the exact number A barcode representing your i of each type of container in your Sales Order Number I III) Unit 1 of 5 shipment. CR stands for Crates or Cartons, SK stands for Skids or This tells you what shipping �� CR = 1, SK = 4, PC = 0 Pallets and PC stands for Pieces. unit this label is for. In this I I This shipment has 1 crate, 4 skids case there is one crate. Q-23-02 (IIII) II li and no pieces. T Speeoy Sales Ser.�ce This is the date your Order �fk F� Le�PP This is a unique identifier for this was prepared for shipping. , lntlb e.ist at State HWY 19 t I container, With this number we Navojo Route 7714F LEUPP Chime. AZ 86GO3 are able to determine when it This box will have the name USA ! was prepared for shipping, who and address of where this prepared it and at what time it shipment was delivered. was prepared. r ®— ® ® --- ® ® 1 `Ship Unit Codes: 1 S =Skid 1 P =Piece 1 1 C =Crate 1 The Shipping Label above will be on all of the Skids, Pieces and Crates shipped to you`. Sample Master Packing List l kzij Master Packing List - T00000 landscape structures oust. P0: 1668 F1ayBooster Park Playeooa ter Park 111 East Locuet Street 111 East Loouat Street Your :'own:, USA i Your Town, USA .....ts prepared for an,pping by --rn at 07:47 on 01/27/2005 Sample Bill of Lading t) " +1 CERTIf1E'D 601 7th St South, P.O. Box 198, Delano, MN 55328 -0198 USA Tel 763.972.3391 Fax 763.972.3185 888.4FUNLSI playlsi.com if you see a label like this on the Shipl st, it means that we have not sent everything. The products(s) we did not include will be indicated on the Shiplist with the word "Backordered" next to It. Your Sales Representative will be able to give you more information. Fax Server 5/7/2008 8:48:25 AM PAGE 4/004 Fax Server EARLFAN -01 CHST ACORD CERTIFIC QF LIABILITY INSURANCE DAT 5/7/2008 Y ` ) PRODUCER (952) 945 -0200 Associated Financial Group 12600 Whitewater Drive Minnetonka, MN 55343 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Earl F. Andersen, Inc 9701 Penn Ave S. Bloomington, MN 55431- INSURER A: CNA Ins. Property Casualty POLICY EXPIRATION INSURER B: INSURER C: GENERAL LIABILITY INSURER D: INSURER E: EACH OCCURRENCE 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. INSR LTR ADD'L INSRD TYPE OF INSURANCE PO LICY NUMBER DATE (MFFDD /YYE POLICY EXPIRATION LIMITS REPRESENTATIVES. GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY PENDING 5/11/2008 5/1I2O09 DAMAGEENT D PREMIS ES Eaoccurence) $ 100 00 MED EXP (Any one person) _ $ 5,00 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 X POLICY PRO- LOC A AUTOMOBILE X-1 LIABILITY ANY AUTO PENDING 5/1/2008 5/1/2009 COMBINED SINGLE LIMIT (Eaaccidern) $ 1,000,00 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ I ---111 HIREDAUTOS I NON- OWNEDAUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTOONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACHOCCURRENCE $ 2,000,000 A OCCUR CLAIMS MADE PENDING 5/1/2008 5/1/2009 AGGREGATE $ 2,000,00 $ R DEDUCTIBLE $ X RETENTION $ 10,000 —i—WIRKERS COMPENSATION AND Y STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 A EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER(MEMBER EXCLUDED? PENDING 5/1/2008 5/1/2009 E.L. DISEASE - EA EMPLOYE d ------ ------ $ 1,000,000 It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 000,000 $ > OTHER A Property PENDING 5/1/2008 5/1/2009 BPP $475,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Civer Center Park Skatepark Certificate Holder is additional insured regarding general liability I CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of New Hope DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 DAYS WRITTEN 4401 Xylon Ave. N New Hope, MN 55428 - 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 ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development and Parks and Recreation April 14, 2008 Plannin Item No. By: Shari French, Director By: Kirk McDonald, City Manager 8.4 Resolution authorizing the project and appropriation of funds of $28,480 for Concrete for the Skate Park p roposed for Civic Center Park by Curb Masters, Inc. (improvement project no. 819) Requested Action This resolution would authorize the purchase and appropriation of funds in the amount of $28,480 for the concrete work for the Skate Park for Civic Center Park (project 819). The engineer's estimate for this work was $29,700. Background In 2005 the City Council received a request from a resident for consideration of a Skate Park in New Hope. The Citizen Advisory Commission studied the idea and recommended that if funds were available that the idea was worth considering. At the March 19, 2007 work session the city council directed staff to begin to plan to build a Skate Park and to locate it in Civic Center Park. Staff formed a planning committee of children, parents, CAC members, city engineers and city staff who met a number of times. In fall of 2007 the site was graded. In March 2008, the committee made their recommendation for steel equipment to the city council and council directed that the project move forward as recommended. The next step is to provide the concrete pad for the equipment. Quotes were solicited from reputable firms for the installation of a 60' X 100', 5 inch thick concrete pad that will be reinforced with #4 rebar as shown on the attached plan. Six quotes were received as follows: Contractor Quote amount Low Curb Masters, Inc. $28,480.00 #2 O'Malley Construction, Inc. $29,833.20 #3 C.R. Fisher & Sons $30,180.00 #4 North Country Concrete, Inc. $44,004.20 #5 C.S. McCrossan, Inc. $48,000.00 #6 Schmidt Curb Company $52,020.00 MOTION BY t?, SECOND BY e TO: I: \RFA \P &R \PARKS \R -819 Skate Park Concrete Quotes.doc Request for action April 14, 2008 Page 2 The low quote for the project was Curb Masters, Inc. in the amount of $28,480. This amount is less than the city engineer's estimate of $29,700. Curb Masters has performed work on other city projects in a satisfactory manner and staff recommends awarding the project to Curb Masters. Funding The Park CIP lists this project for 2008. Funds are available in the Park Infrastructure Fund which is levy funded each year. This fund was established in 2001 by city council action. Cost of the grading last fall was $10,915; the quote for the 60' x 100' concrete pad is $28,480; and the equipment cost is $75,827.83 which includes shipping, tax, and installation. Total costs for grading, concrete, equipment and installation is $115,222.83. Attachments Attached is a letter from the engineers regarding the quote results as well as the concrete plan designed by the engineers. I: \RFA \P &R \PARKS \R -819 Skate Park Concrete Quotes.doc City of New Hope Resolution No. 2008 - 61 Resolution authorizing the project and appropriation of funds of $28,480 for Concrete for the Skate Park proposed for Civic Center Park by Curb Masters, Inc. (Improvement project no. 819) WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the funds for this 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 $28,480 for payment to Curb Masters, Inc. from the Parks Infrastructure Fund account is authorized and the 2008 Parks operating fund budget is hereby amended. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of April, 2008. Attest: �- City Clerk 1 A. A a- A.J Mao I: \RFA \P &R \PARKS \R -819 Skate Park Concrete Quotes.doc 2335 Highway 36 W St. Paul, MN 55113 April 7, 2008 Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Civic Center Skate Park Concrete — Quote Results City Project No. 819 Project No, 000034 - 07205 -0 Tel 651 - 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com 0,0 Bonestroo Quotes were received for the Project stated above on Monday, April 7, 2008. There were a total of 6 Quotes. The following summarizes the results of the Quotes received: The low Bidder on the Project was Curb Masters, Inc. with a Bid of $28,480.00. This compares to the previous estimate of $29,700.00. If the City Council wishes to award the Project to the low Bidder, then Curb Masters, Inc. should be awarded the Project on the Bid Amount of $28,480.00. Should you have any questions, please feel free to contact me at 651 - 604 -4938. Sincerely, BONESTROO 1 C �7 P62� Jason P. Quisberg, P.E. Contractor Bid Amount Low Curb Masters, Inc. $28,480.00 #2 O'Malley Construction, Inc. $29,833.20 #3 C.R. Fisher & Sons $30,180.00 #4 North Country Concrete, Inc. $44,004.20 #5 C.S. McCrossan, Inc. $48,000.00 #6 Schmidt Curb Company $52,020.00 The low Bidder on the Project was Curb Masters, Inc. with a Bid of $28,480.00. This compares to the previous estimate of $29,700.00. If the City Council wishes to award the Project to the low Bidder, then Curb Masters, Inc. should be awarded the Project on the Bid Amount of $28,480.00. Should you have any questions, please feel free to contact me at 651 - 604 -4938. Sincerely, BONESTROO 1 C �7 P62� Jason P. Quisberg, P.E. 1. RESI=REA0 SAL AIQ HOORROW TOPSOIL TO HUND CCNCRETE PAD INTO EXISTING SURF4CE AS GENE4ALLY SH 1 *% 0 DR AWINGS AND AS DIRE. TES BY ENGPNEER. H=OCKEY ` 2 SEED ALL DIST RFEI7 AREAS USING VN00T SMI) MIX 270. } ' � INLET PROTEC11ON T, INSTALL ESI! NGfT $ 11, i BLANKET AT AREAS SUISCEPMELE I € Ti l AocREOATE T E2 I a AS DIRECTED BY AS SHAPE TIC GRAN r E F OR �,�T:��TI p ; r z �. 4 - EIS SEER of CONCRETE SLAB R IX # 4. OVICE C+ EgETE M 3Y32 FOR ALL �A''E'ME�IT. SLAB SHAU_ — � HE 5 THICK 011H #4 REHAR AT G c TR 1NT s r I 7 " ``'a CEqTER, BOTH WA' r-,, a. SA W EST CONTROL ,.� Nr AS � I,. r l� - �! � � DES ; ' "�� #5 SN DETAILS AND ,. iC I f t t , PLACE EAST AND ST HALF I � �3 �.� 5E'A4TELYrt T'IL'E R k I ; STRIXTI IHT SIMILAR TO � � I f # � ' MAILS A -4 H WITH SAW QJT 1 s^ � I I � "THIN 4 HOURS, FILL WITH � � _ � I � SEE 'uE7A1L 'aF E 4 I I i`'? 1 n I:A S �t�71F�t� � I I + �� A RE] t —00H MNT THRO Fs— e I , 1 !4TCH LINE Ar JtT SE SPEC, 3721 TOP OF SEALER, FLUSH TO � j R" # E.� UCHT— TOP OF PA EMIDNT SuRFACE, _ t LE !H APE TO ORAJ ,= r s s A7 x r rr�CAL'T � t °, n t r 1 CITY HAIL _ l _,. c r= a*z PA f PARKING LET I ' SHELTER - Attorneys At Law $525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 e -mail lawra?jasattorneys.com LESLIE A. ANDERSON TUCKER J. HUMMEL GORDON L. JENSEN' MELANIE P. PERSELLMi STEPHEN M. RINGQUIST' STEVEN A.SONDRALL April 30, 2008 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Civic Center Skate Park Contract Project No. 819 Our File No.: 99 -10030 Dear Val: Writer's Direct Dial No.: (763) 201 -0211 e -mail sas @jasattorneys.com Via e-mail to vleone @ei. new -hope. mn. us and by regular mail Enclosed please find four copies of the contract, bonds and insurance certificates for the referenced project. All of the documents are now in order from a legal standpoint. Please call me if you have any questions. Very truly yours, ��L 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Guy Johnson Shari French Jason Quisberg P: \Attorney \SAS \l Client Files \2 City of New Hope \99 -10030 (Public Works general) \V. Leone ltr - contracts Skate Park 819.doc aoa. 4 �tUr s yj. • 11i Mr. Mark Callies Curb Master, Inc. 500 West Poplar Street Stillwater, MN 55082 SUBJECT: Concrete Work for Skate Park — Project No. 819 Enclosed are two fully executed contract documents related to New Hope Project No. 819. 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 April 14, 2008, for $28,480. 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. Sincerely, 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- 07205 -0) Shari French, Director of Parks and Recreation t 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 CIVIC CENTER SKATE PARK CONCRETE PROJECT NO. 819 For valuable consideration as set forth below, this Contract dated the 25' day ofApril, 2008, is made and signed by the City ofNew Hope, a Minnesota municipal corporation (hereinafter "City ") and Curb Master Inc. (hereinafter "Contractor "). 14 The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract, the March 2008 Plans and Specifications prepared by Bonestroo, the concrete plan attached hereto as Exhibit A and the Request for Proposal, all of which are incorporated hereby by this reference for the foundation preparation and construction of a reinforced concrete slab to be used for a skate park at the New Hope Civic Center, identified as City Project No. 819. This Contract, the Request for Proposal, the attached concrete plan and the March 2008 Plans and Specifications shall comprise 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 the contract documents and shall include the entire completed construction to be famished under this Contract. As part of the Work, the Contractor agrees to remove all excess material from the project site. CONTRACT PRICE The City agrees to pay Contractor the total amount of the contract, determined by the sum of the verified quantities completed for each bid term multiplied by the appropriate Bid Unit Prices, payable in accordance with the payment terms of the City ofNew Hope Instruction to Bidders. The agreed upon unit prices are set out in Exhibit B attached. The estimated cost for the completed work is $28,480.00. However, the final cost may be more or less than the estimate based on quantities of materials used. The contractor may start work on this project upon his execution of this contract. n� 1411 1 1. 1, !. Contractor shall complete all concrete pours, and all required work preceding the pours on or before May 16, 2008. All work under this Contract shall be completed by May 23, 2008 (hereinafter Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to —1— complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date ofMay 23, 2008 the Contractor shall pay the City $50.00 per day as liquidated damages. Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of 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: $1,000,000.00 b. Automobile Liability for all automobiles: $1,000,000.00 C. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverage's 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 streets or rights-of-way 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 Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in a form as 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 requirements of clauses (A) and (B) above, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. -2- • ItCO D IM , 21 By The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection ofthe work and the safety of the public. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance ofWork, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be 500 West Poplar Street, Stillwater, MN 55082 (651)351- 9200. The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. By:_ Its Mayor —3— By. Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of April, 2008, by Martin E. Opem Sr. and Kirk McDonald, the Mayor and City Manager, respectively, of the City ofNew Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. �E LERIE LO NE � Aj\j"E VALERIE LEO 4E NO T A R Y ypu BLI SC IOTXRY PUC IESC)7 F 3 20 'on _)� " 7 My c &Pir-"'s i,o 3� 20" Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 0 day of April, 2008, by MALA41 the Uv(i s respectively, of Curb Master, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public QUOTE FORM Civic Center Skate Park - Concrete New Hope, Minnesota City Project No. 819 File No. 000034 - 07205 -0 F- s Company Name: Curb Masters Signature- Printed Name of Signer: ` Title /� <G - �`1��5 lc-C -�' JL UNIT TOTAL TTEM UNIT QTY COST COST 1. Mobilization LS 1 $535.00 $535.00 2. 5 -inch Thick — Reinforced Concrete Pavement SF 6,000 $4.30 $25,800.00 3. MnDOT Mixture 270 Seeding LS 1 $385.00 $385.00 4. Premium Topsoil Borrow (LV) CY 40 $44.00 $1.760.00 Total Quote $28,480.00 Company Name: Curb Masters Signature- Printed Name of Signer: ` Title /� <G - �`1��5 lc-C -�' JL 1, RESPREAD SALVAGED AND/OR BORROW TOPSOIL TO BLEND }� J CONCRETE PAD INTO EXISTING SURFACE AS GENERALLY SHOWN ON DRAWINGS AND AS DIRECTED BY ENGINEER, HOCKEY 2. SEED ALL DISTURBED AREAS RINK i \ USING MNDOT SEED MIX 270. J / INLET PROTECTION 110 3. INSTALL EROSION CONTROL ` -- IN PLACE EXISTING AGGREGATE BLANKET AT AREAS SUSCEPTIBLE SHAPE TO DRAIN CONSTRUCTION ' ag TO EROSION AS DIRECTED BY / 1 BASE FOR ENGINEER. '�� OF CONCRETE SLAB I§ F 4. PROVIDE CONCRETE MIX 3Y32 FOR ALL PAVEMENT, SLAB SHALL 9 1111, a BE 5 THICK WITH X14 REBAR AT CO TRQL—JISNTS r`FLA r f 16" ON CENTER, BOTH WAYS. 5. SAW CUT CONTROL JOINTS AS _: rl -- "� 915.8 FILL SHOWN PER DETAILS A AND S. 6. 915.8 PLACE EAST AND WEST HALF SEPARATELY. PROVIDE CONSTRUCTION JOINT SIMILAR TO 5 '' DETAILS A AND B WITH SAW CUT m w w WITHIN 24 HOURS. FILL WITH SEALANT. � � � � � � 81 LL! SEE DETAIL B #4 REINFORCED 1 �� I in N BARS, C , / THROUGH JOINT 60'xiOD' J CONCRETE -- ---916 � PAD 9 j LO ih U OM Ra. MNr - \ 916.1 5: KC GRADING M ATCH LINE 916.1 JOINT SEALER SPEC. 3723. ; .,�^ — -"':,1,6— / PO(( gE (-- TOP OF SEALER, FLUSH TO 1/8- Ex. LIGHTj� t g TOP OF PAVEMENT SURFACE. P�E SHAPE TO DRAIN 0 �— ! _ q '`917 \ / p u � $ O j 0 U s DETAIL U o 919 X 82 CITY HALL Trill .a .noN PARKING LOT C> , "- J. - 1 _ PARK / l� _- .� N ��.. —s aEU+FOecEO ca+a+ETE Pao -` SHELTER x 12' SELECT GRANULAR BORROW fn ei w1 . - TYPE IV GEOIE %t�LE NON -MOVEN _,:.. >w.mm. COWAOTEO SUGGRAOE _ _, C6.01 Bond No.: 611020 A " Document - TM CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Curb Masters, Inc. Old Republic Surety Company 500 W Poplar Street 445 South Moorland Road Stillwater, Minnesota 55082- Milwaukee, WI 53005- OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONSTRUCTION CONTRACT Date: April 21, 2008 Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. Amount: TWENTY -EIGHT THOUSAND FOUR HUNDRED EIGHTY AND NO1100THS($28,480.00) Description (Name and Location): Civic Center Skate Park BOND Date (Not earlier than Construction Contract Date): April 21, 2008 Amount: TWENTY -EIGHT THOUSAND FOUR HUNDRED EIGHTY AND NO /100THS($28,480.00) Modifications to this Bond: None ❑ See page 4 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Curb Masters, lr Old Republic Surety Company Si nature: ignature: b Name and Title: Name and 'Title: Nicholas L. Newton Attorney -in -Fact (Any additional signatures appear on page 4) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Associated Bonding 2800 Freeway - Boulevard Brooklyn Center, MN 55430 (763) 549 -2250 AIA Document A312TO —1984. The American Institute of Architects. 1 § 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs. executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 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 Section 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 Section 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 Construction Contract. If the Owner. the Contractor and the Surety agree, the Contractor shall be allowed a reasonable 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 declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 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 accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense 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 Construction Contract itself, through its agents or through independent 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 Construction Contract, arrange for a contract to he prepared 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 Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4.4 Waive its right 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 Section 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 Section 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 Section 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 Surety is obligated without duplication for: § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting fronn the actions or failure to act of the Surety under Section 4; and AIA Document A312"m —1984. The American Institute of Architects. AI § 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance 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 Construction 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, including changes of tune, to the Construction Contract onto related subcontracts, purchase Girders and other obligations. § 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 oi 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 occurs first. 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. § 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature 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 conforming 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 § 121 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 Contractor 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, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform 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 Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A312"^' — 1984. The American Institute of Architects. 3 § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (.Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: AIA Document A312TM —1984. The American Institute of Architects. 4 Bond No.: 611020 ow A 9) - .... - AIA Document TM - 1984 .a� Payment Bond CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Curb Masters, Inc. Old Republic Surety Company 500 W Poplar Street 445 South Moorland Road Stillwater, Minnesota 55082 - Milwaukee, WI 53005- OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONSTRUCTION CONTRACT Date: April 21, 2008 Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. Amount: TWENTY -EIGHT THOUSAND FOUR HUNDRED EIGHTY AND NO /100THS($28,480.00) Description (Name and Location): Civic Center Skate Park BOND Date (Not earlier than Construction Contract Date): April 21, 2008 Amount: TWENTY -EIGHT THOUSAND FOUR HUNDRED EIGHTY AND NO /100THS($28,480.00) Modifications to this Bond: None ❑ See page 4 CONTRACTOR AS PRINCIPAL SURETY Company: (Corp or Seal) Company: (Corporate Seal) Curb Masters, In F ,...- Old Republic Surety Company Signature: Signature: Name and Title: Name and Title: Nicholas L. Newton mo -rr''�\ C ate\ V Attorney -in -Fact (Any additional signatures appear on pag 4) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Associated Bonding - 2800 Freeway Boulevard Brooklyn Center, MN 55430 (763) 549 -2250 A,A Document A312TM -1984. The American Institute of Architects. 5 § 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 performance of the Construction Contract, which is incorporated 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 furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor anti the Surety (at the address described in Section 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 payment, 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 address described in Section 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 Contractor 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 accuracv, 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 notice 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 Section 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 Section 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 Section 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 performance 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 priority 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 unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations 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 c�bligatioas,. AIA Document A312TM —1984. The American Institute of Architects. 6 § 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction 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 Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited bylaw, 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 conforming 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. § 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 equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation 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 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 signature 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 Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A312ym — 1984. The American Institute of Architects. § 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: ( Corporate Seal) Company: (Corporate Seal) Signature - Name and Title: Address: Signature: _ Name and Title: Address: AIA Document A312 711 — 1984. The American Institute of Architects. 8 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the day of ; before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that _he_ executed the same as his /her /their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF Ylf� ss COUNTY OF (A C>, On the aA day of , before me personally appeared - - �I-k, to me known, who being by me duly sworn, did say that he /she is the r ^ of the �.� x wL,� & , the corporation described in and which executed the foregoing instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he /she signed his /her name thereto by like order ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ss COUNTY OF HENNEPIN On the 2 1 day of _, , before me personally appeared Nicholas L. Newton to me known, who being duly sworn, did say that he /she is the aforesaid officer Or torneXn -fact of tie -- e _ /y a corporation; thatkhe seal affixed to the fore oing instrument is t;he seal of said corporation, and that said instrument was signed and sealed in be of said corporation by the aforesaid officer by authority of its board of directors; and the aforesaid officer acknowledged said instrument to} be the free act and deed of said- porporation. li* OLD REPLBLIC Surety Company POWER OF ATTO KNOW ALL MEN BY THESE PRESENTS° That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint NICHOLAS L. NEWTON, JEFFREY R. MARS, OF BROOKLYN CENTER, MN its to ie arid lavrfui Attorney(s) in - Fac,•t, witty full power and authority, not exceeding $10,000,000 for and on behalf of the company as surety, to execute and deliver and affix the seal of the cornparry thereto (if a seal is required), bonds, undertakings, iecognizances or other written obligat ons in the nature thereof, (other than bas? bands, b,rnkdepas4t.ay t�,orr, , mortgage deficieric;y bonds, mortAgage'guaranty bonds, guarantees of installment paper and note guararby bcrr r 3.,, self- insurance workers com,,ensatbrry hDnds guaranteeirig payment of benef ast)estos abatement contract bards, w iste management, bonds, hazardous waste remediation bonds or black lung bond ), as follows. ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF ONE MILLION DOLLARS($1, 000,000) ------------- - - - - -- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and ail of the acts of said Attorneys -in- Fact;; pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi- colored. This appointment is made' under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the - authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,; 1982, RESOLVED that the president, any vice - president, or assistant vice president in conjunction with the secretary or any assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney- or agent and revoke any Power of Attorney previously granted to such parson. RESOLVED'FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company (i) when signed by the president, any Vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretaryorassistant secretary, or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and `sealed .(if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons, RESOLVED FURTHER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking; recognizance, or other suretyship obligations of the company, and such signature and seal when so used shall have the same force and effect as though manually affixed, IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 10TH clay of AUGUST, 2007 OLD REPUBLIC SURETY COMPANY ppW �4�nRO.. 'O S EAL Assistant Secretary p < ' President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS ... On this 10TH day of AUGUST, 2007 personally came before me, GERALD C. LEA _ and RICK A.. JOH NSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn,` did severally depose and say; that they are said officers of the corporation; aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Z •o, A Notary Public j, E'U81tG �' My commission expires: 01 / 18 2 0 0 9 .,, y,rt5 .• CERTIFICATE 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY. a Wisconsin corporation CERTIFY that the foregoing and attached; Power; of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 40 -5144 \ � V �G suq,, aaP AAr � Signed and sealed at the City of Brookfield, WI this . —U--day of _ _:,a_— SEAS, ASSOCIATED "w AGENTS, INC. Assistant secretary ORSC 22262 (2/07) ACOD CERT IFICAT E OF LIABILITY I OP ID SHI CURBM -1 DATE(MM /DDIYYYY) 1 04/21/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Maguire Agency 1935 West County Road B-2,#241 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Roseville MN 55113 POLICY NUMBER DATE MM/DD1YY Phone: 651-638-9100 Fax: 651-638-9762 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Continental Western Group Linda a Hubbard i Masters, Inc L 500 West Poplar Street Stillwater MN 0 INSURER B: Accident rand Insurancecotapany n�y 10166 INS URER C: A INSUR D: — — INSURER E: ' -- 04/01/09 �Ivv 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 LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD1YY DATE (MMtDD1Y Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE ' $ A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fil OCCUR CWP2676182 04/01/08 04/01/09 uA MA I PREMISES(Eaoccurence) $ 1 00,000 MED EXP (Any one person) $ 5 , 000 P ERSON A L & AD I NJU RY $1, _ G ENERAL AGGREG 2, 00 0, 000 GEN'L AGGREGATE LIMIT APPLIES PER: � PRODUCTS - COM /OP AGG s2,000,000 POLICY 'PRO- JECT LOG A AUTOMOBILE LIABILITY ANY AUTO CWP2676182 04/01/08 04/01/09 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000 ,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - E A $ ANY AUTO - -- OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS /UMBRELLA LIABILITY X OCCUR r_1cLAIMSMADE CU2676107 04/01/08 04/01/09 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DEDUCTIBLE $ RETENTION $None $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OyFFICERIMEMBEREXCLUDED? SPECIAL PROVISIONS below WCV6029620 04/01/08 04/01/09 X TORY LIMITS ER E.L. EACH ACCIDENT $500,000 _ E.L. DISEASE - EA EMPLOYEE $ 5 500,000 E.L. DISEASE -POLICY LIMIT $500,000 ! OTHER DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS The City of New Hope, it's employees, independent contractors, agents or any other person(s) retained by the City are listed as Additional Insured on the General Liability policy on a primary and non - contributory basis notwithstanding any insurance carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets. CERTIFICATE HOLDER CANCELLATION City of New Hope 4401 Xylon Avenue North New Hope MN 55428 XNEWHOP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CER71MCATE 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 25 (2001108) COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development and Parks and Recreation September 24, 2007 Plannin Item No. 8.5 By: Shari French By: Resolution authorizing the project and appropriation of funds of $11,215 for Grading the site for the Skate Park proposed for Civic Center Park by Dave Perkins Contracting, Inc. (improvement project no. 819) Requested Action This resolution would authorize the purchase and appropriation of funds for the grading of the site for a Skate Park for Civic Center Park (project 819). It is anticipated that if the project moves forward that quotes for the concrete work and skate park equipment would be sought in the spring of 2008. Background In 2005 the City Council received a request from a resident for consideration of a Skate Park in New Hope. The Citizen Advisory Commission studied the idea and recommended that if funds were available that the idea was worth considering. At the March 19, 2007 work session the city council directed staff to begin to plan to build a Skate Park and to locate it in Civic Center Park. Staff formed a planning committee of children, parents, CAC members, city engineers and city staff. This committee has had three scheduled meetings with another meeting scheduled for October 4th. The initial meeting did not draw any interest but staff kept trying and subsequent meetings so far have had a turnout of 6 -8 kids and a couple of parents as well as CAC members in addition to city staff and engineers. The pieces of equipment the committee is interested in are very similar to what Crystal has in their park in terms of number of pieces and type of piece (quarter pipe, etc). The equipment being considered so far by the committee is made of steel as a presentation was made by a vendor selling it in June. At their next scheduled meeting on October 4th the committee will discuss concrete equipment with another vendor. Further research may be needed regarding which equipment might be best — steel or concrete. The material used for the Crystal skate park was wood. Vendors have told staff that steel or concrete (which is the most expensive choice) is the best way to go for the long run. MOTION BY ; SECOND BY TO: IU4 ) M 6 1: \RFA \P &R \PARKS \Q -819 Skate Park Grading Quotes.doc On August 6, 2007 the city council discussed the project and directed that the city engineer and staff look at preparing the site this fall, let the fill set over the winter, then pour concrete and purchase and install equipment next year. The committee will continue to study equipment options. At the August 13, 2007 council meeting staff and engineers were directed to prepare plans and specifications, perform preliminary survey work, and seek quotes for grading work for the Skate Park. The estimate from the engineers for the grading project was $17,300 therefore the received low quote is $6,085 below that estimate. Funding The estimated project cost shared with the Council on 8 -13 -07 was $111,000 for the grading, the 60' x 100' concrete pad, and equipment (assuming steel equipment at this point). Estimates to date for the type of equipment the children have chosen if made of steel would total approximately $57,000 which is anticipated to include shipping, tax, and installation. Funds are available in the Park Infrastructure Fund if the project is approved. Attachments Attached is a letter from the engineers regarding the quote results as well as the quote tab. I:\RFA \P &R \PARKS \Q -819 Skate Park Grading Quotes.doc City of New Hope Resolution No. 2007 - j Resolution authorizing the project and appropriation of funds of $11,215 for Grading the site for the Skate Park proposed for Civic Center Park by Dave Perkins Contracting, Inc. (improvement project no. 819) WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the funds for this 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 $11,215 for payment to Dave Perkins Contracting, 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 24th day of September, 2007. Attest: - City Clerk MINOR 1' I M I: \RFA \P &R \PARKS \Q -819 Skate Park Grading Quotes.doc 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651.636 -1311 www,bonestroo.com September 13, 2007 * Bonestroo Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Civic Center Skate Park Grading — Quote Results City Project No. 819 Project No. 000034 - 07205 -0 Quotes were received for the Project stated above on Thursday, September 13, 2007. There were a total of 6 Quotes. The following summarizes the results of the Quotes received: The low Bidder on the Project was Dave Perkins Contracting, Inc. with a Base Bid of $11,215.00. This compares to the Engineer's Estimate of $17,300. If the City Council wishes to award the Project to the low Bidder, then Dave Perkins Contracting, Inc. should be awarded the Project on the Base Bid Amount of $11,215.00. Should you have any questions, please feel free to contact me at 651 - 604 -4938. Sincerely, 4�? /, 0 C�.� Jason P. Quisberg, P.E. Contractor Bid Amount Low Dave Perkins Contracting, Inc. $11,215.00 #2 Nord Excavating Inc. $12,476.50 #3 G.F. Jedlicki $12,920.00 #4 Doboszenski & Sons Inc. $15,764.50 #5 Veit & Company Inc. $19,750.00 #6 Sunram Construction Inc. $21,670.00 The low Bidder on the Project was Dave Perkins Contracting, Inc. with a Base Bid of $11,215.00. This compares to the Engineer's Estimate of $17,300. If the City Council wishes to award the Project to the low Bidder, then Dave Perkins Contracting, Inc. should be awarded the Project on the Base Bid Amount of $11,215.00. Should you have any questions, please feel free to contact me at 651 - 604 -4938. Sincerely, 4�? /, 0 C�.� Jason P. Quisberg, P.E. Project Name: Civic Center Skate Park Grading Bonestroo Client Project No.: 819 Project No.: 000034 - 07205 -0 Quote Due Date: Thursday, September 13, 2007 at 1:00 P.M. Owner: City of New Hope Bidder No. 1 Bidder No. 2 Bidder No. 3 BID TABULATION Dave Perkins Contracting Inc. Nord Excavating Inc. G.F. Jedlicki Item Num Item Units Qty 1 MOBILIZATION LS 1 2 PROTECTION OF CATCH BASIN, NON- EA 1 3 SITE GRADING LS 1 4 COMMON EXCAVATION, OFF -SITE CY 2( 5 TYPE IV GEOTEXTILE FABRIC (NON - WOVEN) SY 70'. 6 4" PE PERFORATED DRAIN TILE LF 23'. 7 CONNECT (CORE DRILL) DRAIN TILE TO EX. $200.00 $500.00 $500.00 STRUCTURE EA 1 8 SELECT GRANULAR BORROW CY 23'. 9 MNDOT MIXTURE 270 SEEDING - DORMANT LS $4,800.00 10 EROSION CONTROL BLANKET SY 12( $240.00 TOTAL BASE BID: $800.00 $15.00 Contractor Name and Address Phone Fax Contact Bidder No. 4 Bidder No. 5 Bidder No. 6 Doboszenski & Sons Inc. Veit & Company Inc. Sunram Construction Inc. Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total $500.00 $500.00 $2,000.00 $2,000.00 $580.00 $580.00 $2,300.00 $2,300.00 $6,500.00 $6,500.00 $500.00 $500.00 $350.00 $350.00 $400.00 $400.00 $300.00 $300.00 $500,00 $500.00 $200.00 $200.00 $500.00 $500.00 $3,500.00 $3,500.00 $2,200.00 $2,200.00 $3,250.00 $3,250.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $4,800.00 $4,800.00 $15.00 $300.00 $12.00 $240.00 $40.00 $800.00 $15.00 $300.00 $0.75 $15.00 $22.00 $440.00 $2.00 $1,410.00 $1.80 $1,269.00 $2.00 $1,410.00 $2.40 $1,692.00 $2.00 $1,410.00 $3.50 $2,467.50 $5.00 $1,175.00 $7.00 $1,645.00 $9.00 $2,115.00 $4.50 $1,057.50 $9.00 $2,115.00 $14.40 $3,384.00 $350.00 $350.00 $500.00 $500.00 $500.00 $500.00 $750.00 $750.00 $440.00 $440.00 $500.00 $500.00 $12.00 $2,820.00 $13.50 $3,172.50 $15.00 $3,525.00 $23.00 $5,405.00 $16.00 $3,760.00 $27.10 $6,368.50 $450.00 $450.00 $750.00 $750.00 $200.00 $200.00 $900.00 $900.00 $2,100.00 $2,100.00 $2,350.00 $2,350.00 $100 $360.00 $2.50 $300.00 $2.00 $240.00 $3.00 $360.00 $135 $210.00 $3.00 $360.00 $11,215.00 $12,476.50 $12,920.00 $15,764.50 $19,750.00 $21,670.00 Dave Perkins Contracting, Inc. Nord Excavating Inc. G.F. Jedlicki, Inc. Doboszenski & Sons Inc. Veit & Company Inc. Sunram Construction, Inc. 7060 143th Ave NW 15265 209th Ave NW 14203 West 62nd Street 9520 County Road 19 14000 Veit Place 20010 75th Avenue North Suite 100 Elk River, MN 55330 Eden Prairie, MN 55346 Loretto, MN 55357 Rogers, MN 55374 Corcoran, MN 55340 Ramsey, MN 55303 763 -427 -0109 763 - 263 -0501 952 - 934 -7272 763 - 478 -6945 763 - 428 -2242 763 - 420.2140 763- 427 -3806 763 - 263 -5969 952 - 934 -7273 763 - 478 -3186 763 - 428 -8348 763 - 494 -3951 Dave Perkins Dale Nord Garrett Jedlicki Nate Adams Matt Sondrol Lee Sunram JENSEN ANDERSON D,.. LESLIE A. ANDERSON GORDON L. JENSEN' Amy E. PAPENHAUSEN STEVEN A.SONDRALL MELANIE M. PERSELLIN 'Real Property Law Specialist Certified By The Minnesota State Bar Association Attorneys At Law 8525 EDINBROOK CROSSING, STF. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 e -mail lawCajasattorneys.com W'riter's Direct Dial No.: (763) 201 -0211 e -mail sas @jasattorneys. cony October 4, 2007 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Via e-mail to vleone@ei. new -hope. mn. us and by Regular Mail Re: Civic Center Skate Park Grading City Project No. 819 Our Pile No.: 99.10030 Dear Val: Enclosed please find three copies of the contract, bonds and insurance certificates 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 Enclosure(s) cc: Guy Johnson Vince Vander Top P: \.Attomey?SAS \1 0 ient Files ,, ,2 City of New Fope199 -10030 (Public Works general) \l..etter, c vie center skate park.doc Page 1 of 1 Leone Valerie From: French Shari Sent: Monday, October 01, 2007 8:59 AM To: Leone Valerie Subject: FW: Skate Park contracts See below. Any issue ?? Shari P &R From: Quisberg, Jason P [ mailto :Jason.Quisberg @bonestroo.com] Sent: Monday, October 01, 2007 8:58 AM To: French Shari; Blasiak John Cc: Johnson Guy; Vander Top, Vince T; Steven Sondrall Subject: Skate Park contracts FYI - I received the contracts, bond and insurance info from Dave Perkins Contracting this morning for the Civic Center Park Skate Park project ( #819). I will drop them at Steve's office for review this afternoon on my way out to New Hope. I noticed he only submitted 3 (original) copies instead of 4 as is typically done. Please let me know if there is any issue with only having 3 originals. 413onestroo's copy can be a photo copy of an original. Jason Quisberg, PE Tel 651- 604 -4938 Cell 651 - 775 -5121 jason.quisberg @bonestroo.com Bero 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com 10/2/2007 row or AOJ�14�— l 4 n a I i - 0 = q CITY OF NEW HOPE CONTRACT FOR CIVIC CENTER SKATE PARK GRADING i For valuable consideration as set forth below, this contract dated the day of ?, 2007, is made and signed by the City of New Hope (hereinafter "City ") and Dave Perkins Contr cting Inc. (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. IF_3:4i>i1 Its my—Avg 0 Work may commence upon approval of Contracts. 4. COMPLETION DATE All work shall be completed in accordance with the Contract by November 15, 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: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: 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. Contrac 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 oe The address of the City for purposes of giving notices and any other purpose under this contract shall be 5508 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. 0� �� = . Its City Manager 1 Perkins Contracting, inc, CONTRACTOR 7060-143rdAw*NWSte 10O Ramsey, MN C,5.joj-f.oj,4 By olxf' Its R4&6�—entative� Contract Page 4 STATE OFMINNESOTA ) )ma. COUNTY DFHENNEP|N ) The foregoing was acknowledged b�n�me�� day of 20O7.bv Martin E.[)pem 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 muni corporati VALERIE LEONE NOTARY PUBLIC - HINNESOTA My Commission Expires Jan. 31, 201 Notary Public J STATE OFMINNESOTA \ )oa. COUNTY OFHEK�EP/N ++^*6 ( ) The foreaoina was before me on this OR of G:oontramuasiu THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 0910590 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Dave Perkins Contracting, Inc. 7060 143rd Avenue NW, Suite 100 Ramsey, Minnesota 55303 OWNER (Name and Address): SURETY (Name and Principal Place of Business): West Bend Mutual Insurance Company P.O. Box 620976 Middleton, WI 53562 City of New Hope 5500 International Parkway New Hope, Minnesota 55428 CONSTRUCTION CONTRACT Date: September 26th, 2007 Amount: Eleven Thousand Two Hundred Fifteen and no /100 Dollars ($11,215.00) Description (Name and Location): Civic Center Skate Park Grading BOND Date (Not earlier than Construction Contract Date): September 26th , 2007 Amount: Eleven Thousand Two Hundred Fifteen and no /100 Dollars ($11,215.00) Modifications to this Bond: IXNone CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Dave Perkina'C Signature: (--/ v - Name and Title: cv'e {P°ft. 0'�e'Ivr'1 (Any additional signatures appear on page 3) El See Page 3 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: T.C. Field & Company OWNER'S REPRESENTATIVE (Architect, Engineer or P.O. Box 64016 other party): St. Paul, Minnesota 55164 -0016 (651) 227 -8405 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA qU THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 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 right 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 deter- mined, 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 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 avail- +.+ vvwmov� nsi� • rtKf BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -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: 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA A THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS q�Ml Bond No. 0910590 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Dave Perkins Contracting, Inc. 7060 143rd Avenue NW, Suite 100 Ramsey, Minnesota 55303 OWNER (Name and Address): City of New Hope 5500 International Parkway New Hope, Minnesota 55428 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): West Bend Mutual Insurance Company P.O. Box 620976 Middleton, WI 53562 Date: September 26th, 2007 Amount: Eleven Thousand Two Hundred Fifteen and no /100 Dollars ($11,215.00) Description (Name and Location): Civic Center Skate Park Grading BOND Date (Not earlier than Construction Contract Date): September 26th , 2007 Amount: Eleven Thousand Two Hundred Fifteen and no /100 Dollars ($11,215.00) Modifications to this Bond: ❑ IXlne CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Dave Perk' Contractin Inc. West Bend tftu I °tn i Name and Title: p(� ..--- _ Si Signature YC f �S �'�-'Of CP7 f Name and Title: (Any additional signatures appear on page 6) ❑ See Page 6 (Corporate Seal) Attorney -In -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: T.C. Field & Company OWNER'S REPRESENTATIVE (Architect, Engineer or P.O. Box 64016 other party): St. Paul, Minnesota 55164 -0016 (651) 227 -8405 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 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 incorporated 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 all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construc- tion Contract, provided the Owner has promptly noti- fied the Contractor and the Surety (at the address de- scribed 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 payment, di- rectly 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 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, with sub- stantial 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 mate- rials 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 with- in 30 days of furnishing the above notice 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 compli- ance. 6 When the Claimant has satisfied the conditions of Para- graph 4, the Surety shall promptly and at the Surety's ex- pense 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 chal- lenging 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 priority 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 Claimant under this Bond, and shall have under this Bond no obliga- tions 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdic- tion 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 Sub- paragraph 4.1 or Clause 4.2 (iii), 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 Construction 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 applica- ble. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suffi- cient 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 AIA UUCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 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: 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 6 CORPORATE ACKNOWLEDGMENT STATE OF rYtt O nrs(,T � COUNTY OF Jy)0- On the 26th day of September 2007 before me personally appeared, t5 'V7 S to me, who being duly sworn, did depose and say: that s /he resides in - � j Co that s/he is the yY , J (' d ` : l1 -- of the Dave Perkins Contracting, Inc. F the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation /rd that s/he signed her /his name thereto by like order. I ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Ramsey On the 26th day of September , 2007 _ )efore me personally appeared, M.A. Jones to me known, who being N duly sworn, did say: that s/he resides in the City of St. Paul, M that s /he is the aforesaid officer or attorney in fact of West Bend Mutual Insurance Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) 3e�, .} ," f RI COQ No 3 ary ub tc Noti�rY PUD!i€ �vt`nesota MY C�lfl r iOslon Ex��r� dan 31, 201U g1west-Rena mutual No. 0910590 INSURANCE COMPANY • TIME TESTED :SJNCE 1894 I900 SOUTH 18TH AVENUE ®WEST BEND, WI &VE 5 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: M.A. Jones Litton E.S. Field, Jr:, Nicole M. Coty lawful Attorney(s)-in-fact, to make: execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: $2,500,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney -in -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without 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 1st day of March, 2002. Pt iNSU Attest oow�ow+r� Ja e J. Pa �; Anthony J. arren Se to ry q S EAS, � C Chief Executive Officer President sr � State of Wisconsin raN�'' 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. NOTARY'` *' Joh . uwelll PVBUC ?; Sr. Vice President . Notary Public, Washington Co. W1. .OF wlg' My Commission is Permanent The undersigned; duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company; a ACORD �'4.tVt'iG/ !J1^ 1Y CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDYYYY) 9/26/2007 / PRODUCER (651)227 -8405 x21, Fax(651)227 -0507 T . C . Field & Company 1� y 530 North Robert Street P.O. Box 64016 St. Paul MN 55164 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Dave Perkins Contracting Inc 7060- 143rd Avenue NW Ramsey MN 55303 INSURER A: Amer Fire and INSURERB:The Builders Group of MN AUTHORIZED REPRESENTATIVE , - -- - , Michele VanReese /MILLER /`r°� «' {- �-F��r��'�+a •Fr��._� �'r�!' INSURER C: INSURER D: INSURER E: OVERAGES 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 LIMIT H N REDUCED BY PAID CLAI INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY DATE (MMIDDJYYE POLICY DATE EXPIRATION D LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FK OCCUR 1 ; R1,000 Per Claim BKA (08) 52707808 04/30/2007 04/30/2008 EACH OCCURRENCE $ 1,000,000 PREMISE a occur ence $ 100 , 000 MED EXP An one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY IL LOC PRODUCTS - COMP /OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNED AUTOS Comp Ded $100 BAA (08) 52707808 04/30/2007 04/30/2008 'COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ rX XX BODILY INJURY (Per accident) $ $ X PROPERTY DAMAGE (Per accident) $ X Collision Ded 250 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN F AUTO ONLY: AGG $ $ A EXCESSIUMBRELLA LIABILITY 7 X OCCUR 1 CLAIMS MADE DEDUCTIBLE RETENTION USO (08) 52707808 04/30/2007 04/30/2008 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 07 -0198 01/01/2007 01/01/2008 Y T RYLIMITS O ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Project: Civic Center Skate Park Grading. The City New Hope shall be named as Additional Insured in regard to the General Liability Form CG8330 12/03 where required by written contract on a Primary and Non Contributory basis. rcaTIF!C TG unl DED CANCFI_I OTION ACORD 25 (2001/08) © ACORD CORPORATION 1988 ,Menne,,,,,,,,,,,,,, n....... s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of New Hope EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 5500 International Parkway 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT New Hope, MN 55428 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE , - -- - , Michele VanReese /MILLER /`r°� «' {- �-F��r��'�+a •Fr��._� �'r�!' ACORD 25 (2001/08) © ACORD CORPORATION 1988 ,Menne,,,,,,,,,,,,,, n....... s October 11, 2007 Mr. Dave Perkins Dave Perkins Contracting, Inc. 7060 143 Avenue NW, Suite 100 Ramsey, MN 55303 -6014 SUBJECT: Skate Park Grading Project (Improvement Project no. 819) Enclosed are two fully executed contract documents for New Hope Project No. 819. 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 $11,215. 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. Sincerely, 1 7 , Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Vince VanderTop, Assistant City Engineer (File No. 34- 07205 -0) Guy Johnson, Director of Public Works • a. 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 mLgis Skate Project Manual For Civic Center Park • ;• ` • City Project No. 819 Project Number: 000034 - 07205 -0 E= 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. Jason P. Quisberg, P. . Date: March 24, 2008 Reg. No. 44315 END OF DOCUMENT 000034 - 07205 -0 0 2008 Bonestroo PROFESSIONALCERTFICATIONS QUOTE FORM Civic Center Skate Park - Concrete New hope, Minnesota City Project No. 819 File No. 000034 - 07205 -0 Quote Due: Monday, April 7, 2008,1:00 P.M., C.S.T. Return to: Jason P. Quisberg Fax Number 651- 636 -1311 Office Number 651- 604 -4938 Cellular 651- 775 -5121 BONESTROO UNIT TOTAL ITEM UNIT QTY COST COST 1. Mobilization LS 1 2. 5 -inch Thick — Reinforced Concrete Pavement SF 6,000 3. MnDOT Mixture 270 Seeding LS 1 4. Premium Topsoil Borrow (L') CY 40 Total Quote Company Name: Signature: Printed Name of Signer: Title: DOCUMENT 00010 TABLE OF CONTENTS CIVIC CENTER SKATE PARK CONCRETE CITY PROJECT NO. 819 PROJECT NO. 000034 - 07205 -0 NEW HOPE, MINNESOTA il: Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00400 Quote Form Contracting Requirements 00500 Basic Contract Specifications Division 1— General Requirements 01100 Summary 01310 Project Management and Coordination 01500 Temporary Facilities and Controls Division 2 — Site Construction 02318 Subgrade Preparation 02750 Cast -In -Place Concrete Pavement 02920 Lawns and Grasses Drawings Figure 1— Project Location 06.01— Concrete Construction Plan Sheet M Z'I=932019Z VA a 000034 - 07205 -0 00010 -1 © 2008 Bonestroo TABLE OF CONTENTS six CITY OF NEW HOPE CONTRACT FOR CIVIC CENTER SKATE PARK CONCRETE For valuable consideration as set forth below, this contract dated the day of 2008, is made and signed by the City of New Hope (hereinafter "City") and (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 $50 per day for every calendar day that the contract remains uncompleted beyond the Contract Completion Date. STARTING DATE If project is awarded, the winning contractor will be notified April 15, 2008. Work may commence upon City Attorney's approval of Contracts. 4. COMPLETION DATE All concrete pours, and all required work proceeding the pours, shall be completed by May 16, 2008. All work shall be completed in accordance with the Contract by May 23, 2008 (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: $1,000,000.00 c. Workman's Compensation: 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. F�1�17� � I�Ii�L�7=��[iP►1 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 , 2008, 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 2008, by of Notary Public day of on behalf of G:ContracUBasic SECTION 01100 1.01 SECTION INCLUDES SUMMARY A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Civic Center Skate Park for the City of New Hope, Minnesota, City Project No. 819. B. Description of Work: Foundation preparation and construction of a reinforced concrete slab to be used for a skate park. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Contract. B. Final Completion: Set forth in the Contract. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Contract. 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, and temporary construction shall be coordinated with Engineer and shall be removed upon completion of Work. 2. Contractor responsible for snow removal and disposal 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. 000034 - 07205 -0 v 2008 Bonestroo 01100-1 SUMMARY B. Access to Site: Access will be through the City Hall parking lot. Measures should be taken to minimize disturbance to lot. C. Other Work at Site: None anticipated. 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 - 07205 -0 © 2008 Bonestroo 01100 -2 SUMMARY SECTION 0 13 10 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. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy 5. Gas: CenterPoint 6. Telephone: Qwest 7. Cable TV: Comcast C. Owner requires 48 hour notice for all utility interruptions. 1.03 PERMITS A. Apply for, obtain, and comply with all permits, licenses, and approvals which maybe required for the Project. 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 - 07205 -0 2009 Bonestroo 01310 -1 COORDINATION 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project 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. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. A preconstruction Conference will be held prior to commencement of work. C. Progress Meeting Procedures: 1. Engineer may schedule construction progress meetings during the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.06 SUBMITTALS A. Submit a minimum of 4 copies of 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 of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07205 -0 © 2008 Bonestroo 0 13 10-2 COORDINATION SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and temporary 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 Contractor facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures disturbed. 3.02 SIGN 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- 07205 -0 01500 -1 TEMPORARY FACILITIES 2008 Bonestroo 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 of the 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. 2. Provide all necessary pumping to remove surface water and groundwater as. required for Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Site. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the Work. A. Temporary Barriers: 1. Provide temporary markers and barriers as necessary to protect Work. B. Temporary Fence: 1. Maintain and repair fence throughout the duration of the Project. 000034- 07205 -0 01500 -2 TEMPORARY FACILITIES 0 2008 Bonestroo AND CONTROLS 3.08 MEASUREMENT AND 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. Dewaterimg will be considered incidental to the project. C. Traffic Control will be considered incidental to the project. D. 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 - 0720 -0 01500 -3 TEMPORARY FACILITIES (D 2008 Bonestroo AND CONTROLS SECTION 02318 PART 1 GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting subgrade prior to placing a surface course. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 2112 - Subgrade Preparation. 1.03 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed on the existing aggregate base prior to placement of concrete material. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross - section. B. Finished surface elevations of the aggregate base were verified to vary <1 -inch of the design elevation fall 2007. It is possible existing conditions will vary from. Some preparation and finished grading is anticipated. C. If there is a shortage or overage of material required to match the specified elevation of the aggregate base, adjustment shall be made over the entire pad area to maintain prescribed slopes. D. Engineer approval of aggregate base is required prior to placement of concrete. 000034 - 07205 -0 02318 -1 0 2008 Bonestroo SUBGRADE PREPARATION 3.02 COMPACTION A. Conform to MnDOT Spec. 2105.31 or as modified herein: 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3. The Contractor will be expected to allow sufficient time and assist if necessary for testing of the aggregate base prior to placement of concrete. 3.03 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below: 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. 3.05 MEASUREMENT AND PAYMENT A. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefor. 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 - 07205 -0 02318 -2 0 2008 Bonestroo SUBGRADE PREPARATION SECTION 02750 (2301) CAST -IN -PLACE CONCRETE PAVEMENT This work shall consist of furnishing and installing cast -in -place concrete paving and accessories. �=W Zi1T/_XIAWA A. This Section specifies cast -in -place concrete pavement, including formwork, reinforcing, performance requirements, placement procedures, finishes, and other miscellaneous items related to cast -in -place concrete pavement. 1.2 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash and other pozzolans. 1.3 SUBMITTALS A. Concrete Mixtures: Submit the following performance data four weeks before placing concrete to the architect of record: 1. Ready -mix suppliers previous experience with integrally colored concrete: a. Documentation of a minimum of 10,000 yards placed in the previous 2 years. 2. Compressive strength test results when tested in accordance with ASTM C39 after 3, 7, 28, and 56 days of moist curing. B. Laboratory test reports for concrete materials and mix design test. C. Minutes of concrete pre - installation conference. D. ACI Flatwork Finisher certifications. 1.4 QUALITY ASSURANCE A. Manufacturer Qualification: An experienced supplier who is experienced in manufacturing ready -mixed concrete products complying with ASTM C94 requirement for production facilities and equipment. Manufacturer shall be certified by the Minnesota Department of Transportation in accordance with MN DOT Standard Specifications for Construction, 2000 Edition, Section 1604 and for Federal -Aid projects: 1. The ready -mix producer shall test a sample from each load of plastic concrete. Each sample shall be taken at the production facility after final mixing. 000034 - 07205 -0 02750 -1 CAST -IN -PLACE 002008 Bonestroo CONCRETE PAVEMENT 2. The minimum load size for this Project will be 3 cubic yards. B. Installer Qualification: The installer must demonstrate a minimum of 5 years of experience in with work of similar type, quality and quantity. C. Codes and Standards: Comply with provisions of following codes, specifications, and standards, except where more stringent requirements are shown or specified: 1. , ACI 301, "Standard Specifications for Structural Concrete." 2. ACI 318, `Building Code Requirements for Structural Concrete." 3. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." 4. ACI 302 IR "Recommended Practice for Concrete Floor and Slab Construction." 5. ACI 303.1 "Standard Specification for Cast -In -Place Architectural Concrete." 6. ACI 304 "Recommended Practice for Measuring, Mixing, Transporting and Placing of Concrete." 7. ACI 305R "Recommended Practice for Hot Weather Concreting." 8. ACI 306R "Recommended Practice for Cold Weather Concreting." 9. Concrete Reinforcing Steel Institute (CRSI), "Manual of Standard Practice." 10. ASTM C309 "Liquid Membrane - Forming Compounds for Curing Concrete." 11. ASTM C494 "Standard Specification for Chemical Admixtures for Concrete." 12. ASTM C979 "Standard Specification for Pigments for Integrally Colored Concrete D. Materials and installed work may require retesting at any time during progress of work. Retesting of rejected materials for installed work, shall be done at Contractor's expense. E. At least 7 days prior to the start of the concrete construction schedule, the Contractor shall conduct a meeting to review the proposed concrete mixtures and to discuss the required methods and procedures to achieve the required concrete quality. Representatives of each entity directly concerned with cast -in -place concrete shall attend conference, including, but not limited to, the following: 1. Contractor's superintendent. 2. Laboratory responsible for concrete design mixes. 3. Laboratory responsible for field quality control. 4. Ready -mix concrete producer. 5. Concrete Foreman. 6. Pumping Subcontractor. 7. Primary admixture manufacturers. 8. Engineer or Owner's representative. The minutes shall include a statement by the Concrete Contractor indicating that the proposed concrete mixtures and placing techniques can produce the concrete quality required by these Specifications. 000034 - 07205 -0 02750 -2 CAST -IN -PLACE ©2008 Bonestroo CONCRETE PAVEMENT F. Testing Agency: An independent agency qualified according to ASTM C1077 and ASTM E329 for testing indicated, as documented according to ASTME 548. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP -01 or an equivalent certification program. G. Testing Agency is responsible for conducting, monitoring and reporting results of all tests required under this Section. Submit following Field Test information for Concrete: 1. Project name and location. 2. Contractor's name. 3. Testing Agency's name, address, and phone number. 4. Concrete supplier. 5. Date of report. 6. Testing Agency technician's name (sampling and testing). 7. Placement location. 8. Elapsed time from batching at plant to discharge from truck at site. 9. Concrete mix number: 10. Weather data: a. Air temperatures. b. Weather. C. Wind speed. H. All concrete flatwork finishers on Project shall hold current ACI Concrete Flatwork Finisher certification. I. At all times during warm and hot weather, maintain adequate supply of evaporation retarder at Project Site. 1.5 REFERENCES A. Contractor shall have following ACI publications at Project Site: 1. ACI. SP -15, "Standard Specifications for Structural Concrete ACI 301 with selected ACI and ASTM References." 2. ACI 305R, "Hot Weather Concreting." 3. ACI 306. 1, "Standard Specification for Cold Weather Concreting." 1.6 DELIVERY, STORAGE, AND HANDLING A. Store all formwork and formwork materials clear of ground, protected, to preclude damage. B. Deliver reinforcement to Project Site bundled, tagged, and marked. Use metal tags indicating bar size, lengths, and other information corresponding to markings shown on placement diagrams. 000034 - 07205 -0 02750 -3 CAST -IN -PLACE ©2008 Bonestroo CONCRETE PAVEMENT C. Store concrete reinforcement materials at Project Site to prevent damage and accumulation of dirt or excessive rust. D. Concrete transported by truck mixer or agitator shall be completely discharged within one and one half -hours (one hour for hot weather concreting) after water has been added to cement or cement has been added to aggregates. 1.7 A. B. C. D. E. PROJECT CONDITIONS Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities. Maintain a working condition that prevents unauthorized entry into the Project Site and protect the work from vandalism or interference by intruders. Schedule placement to minimize exposure to wind and hot sun before curing materials are applied. Avoid placing concrete if rain, snow, or frost is forecast within 24- hours. Protect fresh concrete from moisture and freezing. Damaged concrete will be replaced in its entirety as determined by the Architect PART 2 - PRODUCTS 2.1 FORM MATERIALS A. Forms for Exposed Finish Concrete: Plywood, metal, metal- framed plywood faced, or other acceptable panel -type materials, to provide continuous, straight, smooth, exposed surfaces with minimal surface defects. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system shown on Drawings. B. Form Coatings: Provide commercial formulation form- coating compounds with a maximum VOC of 350 grams /liter that will not bond with, stain, or adversely affect concrete surfaces or color and will not impair subsequent treatments of concrete surfaces, including but not limited to water - curing, curing compound, stains or paints. 2.2 STEEL REINFORCEMENT A. Reinforcement Bars: ASTM A 615, deformed, yield strength: as noted on Drawings. 000034 - 07205 -0 02750 -4 CAST-IN-PLACE' ©2008 Bonestroo CONCRETE PAVEMENT 2.3 REINFORCEMENT ACCESSORIES A. Bar supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete or fiber - reinforced concrete of greater compressive strength than concrete, and as follows: 1. For slabs on grade, use supports with sand plates or horizontal runners where base materials will not support chair legs. 2. Chairs shall be sized and spaced to prevent cover loss during construction operations. 2.4 MATERIALS A. Ready Mixed Concrete: Obtain concrete from plant with current certification from: 1. Minnesota Department of Transportation in accordance with MnDot Standard Specifications for Construction, 2000 Edition, Section 1604 and for Federal-Aid, proj ects. B. Portland Cement: 1. Portland cement: Meeting the requirements of ASTM:C150. Use one cement clinker source throughout project. C. Fly Ash: 1. Fly Ash meeting the requirement of ASTM C618. Use one fly ash source throughout the Project. D. Ground Granulated Blast Furnace Slag ( GGBFS): Unless approved by the Architect, no GGBFS shall be allowed on this Project. E. Normal Weight Aggregates: 1. Normal weight concrete aggregates: a. Coarse aggregate: MnDOT Class A aggregate or equivalent. b. No deleterious materials such as, but not limited to, chert or opaline. C. Fine aggregate: Natural sand conforming to ASTM C33. F. Water: Potable and complying with ASTM C94. 000034- 07205 -0 02750 -5 CAST -IN -PLACE 02008 Bonestroo CONCRETE PAVEMENT 2.5 ADMIXTURES A. Use non - chloride accelerating admixture in concrete slabs placed at ambient temperatures below 50° F. B. Concrete supplier and manufacturer shall certify compatibility of all ingredients in each mix design. Use admixtures in strict accordance with manufacturer's recommendations. C. Prohibited Admixtures: Calcium chloride or admixtures containing more than 0.15 percent chloride ions, by weight of admixture, are not permitted. Additionally, each admixture shall not contribute more than 5 ppm, by Weight, of chloride ions to total concrete constituents. D. Air- Entraining Admixture: ASTM C260, certified by manufacturer to be compatible with other required admixtures. E. Mid Range Water- Reducing Admixture: Polycarboxylate based meeting the requirements of ASTM C494, Type A. F. High Range Water - Reducing Admixture (superplasticizer): Polycarboxylate based meeting the requirements of ASTM C494, Type F. G. High Range water reducing retarding (superplasticizer), Polycarboxylate based meeting the requirements of ASTM C494, Type G. H. Viscosity Modifying Admixture: Demonstrate compatibility with other admixtures. I. Non - Chloride, Non - Corrosive Water- Reducing, Accelerating Admixture: ASTM C494, Type C or E. J. Water - Reducing, Retarding Admixture: ASTM C494, Type D. 2.6 CURING MATERIALS A. Curing and Sealing Compound: Cureseal manufactured by L.M. Scofield Company. Curing and sealing compound shall comply with ASTM C309. B. Substitutions: The use of products other than those specified will be considered providing that the Contractor requests its use in writing within 14 -days prior to bid date. This request shall be accompanied by the following: 1. A certificate of compliance from material manufacturer stating that proposed products meet or exceed requirements of this Section, including standards ACI 303.1, ASTM C979, ASTM C494, and AASHTO M194. 2. Documented proof that proposed materials have a 10 -year proven record of performance, confirmed by at least 5 local projects that the Architect of record can examine. 000034- 07205 -0 02750 -6 CAST -IN -PLACE ©2008 Bonestroo CONCRETE PAVEMENT 2.7 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field test data bases, as follows: I. Proportion normal- weight concrete according to ACI 211.1 and ACI 301. B. Use a qualified testing agency for preparing and reporting proposed mix designs for the laboratory trial mix basis. C. Cementitious Materials: For concrete exposed to deicers, limit percentage, by weight, of cementitious materials other than portland cement according to ACI 301 requirements. D. Cementitious Materials: Use the appropriate amount of cementitious materials to ensure the performance specification are met. E. Air Entrainment: 1. Permissible variation for any one test result from specified average total air content: + 1.5 percent. 2. Hardened concrete shall have an air void spacing factor of 0.0080 in. maximum. Specific surface (surface area of air voids) shall be 600 in per cu in. of air -void volume, or greater. F. Chloride Ion Content of Mix: G. Admixtures: Use admixtures according to manufacturer's written instructions. H. Adjustment to Concrete Mixes: Mix design adjustments may be requested by Contractor when characteristics of materials, job conditions, weather, test results, or other circumstances warrant, as accepted by Engineer. Laboratory test data for revised mix design and strength results shall be submitted to and accepted by Engineer before using in work. 2.8 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." 2.9 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C94 and ASTM C16 and furnish batch ticket information: 1. When air temperature is between 85 and 90° F., reduce mixing and delivery time from 1 -1/2 hours to 75 minutes; when air temperature is above 90° F., reduce mixing and delivery time to 60 minutes. 000034- 07205 -0 02750 -7 CAST -IN -PLACE ©2008 Bonestroo CONCRETE PAVEMENT B. Provide batch ticket for each batch discharged and used in work, indicating project identification name and number, date, mix type, mix time, quantity, and amount of water introduced. C. Project -Site Mixing: Shall not be allowed. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine exposed subgrades 'and subbase surfaces for compliance with tolerances for dimensional, grading, and elevation tolerances. B. Proof -roll prepared subbase surface with heavy pneumatic -tired equipment to identify soft pockets and areas of excess yielding: 1. Completely proof -roll subbase in one direction. Limit vehicle speed to 3 niph. 2. Proof -roll with a loaded 10- wheel, tandem -axle dump truck weighing not less than 1.5 tons. 3. Subbase with soft spots and areas of pumping or rutting exceeding depth of 1, inch require correction according to requirements in Division 2 Section "Earthwork." C. Proceed with concrete pavement operations only after nonconforming conditions have been corrected and subgrade is ready to receive pavement. 3.2 PREPARATION A. Remove loose material from compacted subbase surface immediately before placing concrete. B. Protect adjacent construction from damage due to construction operations. 3.3 EDGE FORMS AND SCREED CONSTRUCTION A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for pavement to required lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain in place at least 24 hours after concrete placement. B. Clean forms after each use and coat with form- release agent to ensure separation from concrete without damage. 000034- 07205 -0 02750 -8 CAST -IN -PLACE ©2008 Bonestroo CONCRETE PAVEMENT 3.4 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond - reducing materials. C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement. Maintain minimum cover to reinforcement. 3.5 JOINTS A. General: Saw all construction, and crack control joints true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline, unless otherwise indicated: B. Construction Joints: Set construction joints at side and end terminations of pavement and at locations where pavement operations are stopped for more than one -half hour, unless pavement terminates at isolation joints: 1. Dowelled Joints: Continue reinforcement through joints where indicated. Do not splice reinforcement bars less than 48 inches from construction joint. C. Contraction Joints: Form weakened -plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one -fourth of the concrete thickness, as: 1. Sawed Joints: Install joints using softcut saw to install a 45 degree chamfer as shown. Final decision on joint installation shall be made by Architect after review of the mock -up. D. Edging: Tool edges of pavement, gutters, curbs, and joints in concrete after initial floating with an edging tool to a 112 inch radius. Repeat tooling of edges after applying surface finishes. Eliminate tool marks on concrete surfaces. 3.6 CONCRETE PLACEMENT A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcement steel, and items to be embedded or cast in. Notify other trades to permit installation of their work. B. Remove snow, ice, or frost from subbase surface and reinforcement before placing concrete. Do not place concrete on frozen surfaces. 000034 - 07205 -0 02750 -9 CAST -IN -PLACE CNN Bonestroo CONCRETE PAVEMENT C. Moisten subbase to provide a uniform dampened condition at time concrete is placed. Do not place concrete around manholes or other structures until they are at required finish elevation and alignment. D. Comply with ACI 301 requirements for measuring, mixing, transporting, and placing concrete. E. Do not add water to concrete during delivery or at Project site. F. Do not add water to fresh concrete after testing. G. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move concrete into place. H. Consolidate concrete according to ACI 301 by hand spading, rodding, or tamping. I. Screed pavement surfaces with a straightedge and strike off. J. Commence initial floating using bull floats or darbies to impart an open textured and uniform surface plane before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces before beginning finishing operations or spreading surface treatments. K. When adjoining pavement lanes are placed in separate pours, do not operate equipment on concrete until pavement has attained 85 percent of its 28 -day compressive strength. L. Cold- Weather Placement: Comply with ACI 306.1 and as follows. Do not place concrete in cold weather conditions. M. Hot - Weather Placement: Comply with ACI 301 and as follows when hot - weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 "' F. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover reinforcement steel with water - soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog spray forms, reinforcement steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 000034 - 07205 -0 02750 -10 CAST -IN -PLACE ©2008 Bonestroo CONCRETE PAVEMENT 3.7 FLOAT FINISHING A. General: Do not add water to concrete surfaces during finishing operations. B. Float Finish: Begin the second floating operation when bleed -water sheen has disappeared and concrete surface has stiffened sufficiently to permit operations. Float surface with power- driven floats, or by hand floating if area is small or inaccessible to power units. Finish surfaces to true planes. Cut down high spots and fill low spots. Refloat surface immediately to uniform granular texture. C. Finish: Light broom finish after floating of surface. 3.8 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. B. Comply with ACI 306.1 for cold- weather protection. C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. D. Damp cure concrete pavement by soaking with clean water and covering with burlap - polyethylene membrane. Maintain moist condition continuously for minimum of 7 days. 3.9 PAVEMENT TOLERANCES A. Comply with tolerances of ACI 117 and as follows: 1. Elevation: 1/4 inch. 2. Thickness: Plus 3/8 inch, minus 1/4 inch. 3. Surface: Gap below 104bot -long, unleveled straightedge not to exceed 1/4 inch. 4. Traverse Joint Spacing: 3 inches. 5. Longitudinal Joint Spacing: 1/2 inch 6. Contraction Joint Depth: Plus 1/4- inch, no minus. 7. Joint Width: Plus 11 inch, no minus. 3.10 FIELD QUALITY CONTROL A. Owner will employ a testing laboratory to perform tests and to submit test reports. B. Air Content: 1. Sample freshly -mixed concrete at point of final placement in accordance with ASTM C172 and conduct one air content test in accordance with ASTM C231 or ASTM C173 for every 10 truck loads of ready -mix, air entrained concrete delivered to Project. 000034 - 07205 -0 02750-11 CAST -IN -PLACE ©2008 Bonestroo CONCRETE PAVEMENT C. Concrete Compressive Strength: Mold test cylinders in accordance with ASTM C31 and test in accordance with ASTM C31 as follows: a. Take minimum of four cylinders for each 100 cu yd or fraction thereof, of each mix design of concrete placed in any one day. b. Additional cylinders shall be taken under conditions of cold weather concreting per Part 3 heading "Concrete Curing and Protection." C. At Contractor's option and cost, cylinders may be taken to verify concrete strength prior to form removal. 2. Sample plastic concrete for testing at point of final placement, in accordance with ASTM C172. Engineer will select sampling locations which may include points where plastic concrete has already been screeded and floated. Sample concrete for test cylinders to be used to verify concrete compressive strength for post - tensioning as near as possible to actual tendon anchorages. 3. Cover specimens properly, immediately after finishing. Protect outside surfaces of cardboard molds, if used, from contact with sources of water for first 24 hours after molding. 4. Cure test cylinders per ASTM C 31 as follows: a. To verify compressive strength prior to post - tensioning or form removal or for additional test cylinders required due to cold weather concreting conditions: 1) Store test specimens on structure as near to point of sampling as possible and protect from elements in same manner as that given to portion of structure as specimen represents. 2) Transport to test laboratory no more than 4 hours before testing. Remove molds from specimens immediately before testing. b. To verify 28 -day compressive strength: 1) During first 24 hours after molding, store test specimens under conditions that maintain temperature immediately adjacent to specimens in range of 60 to 80° F. and prevent loss of moisture from specimens. 2) Remove test specimens from molds at end of 20 +/- 4 hours and store in moist condition at 73.4 +/- 3° F. until moment of test. Laboratory moist rooms shall meet requirements of ASTM C511. 5. Compression test for non- prestressed concrete: a. Test 1 cylinders at 7 days. b. Test 2 cylinders at 28 days. C. Test 1 cylinders hold in reserve for use as Engineer /Architect directs. 000034 - 07205 -0 02750 -12 CAST -IN -PLACE 02008 Bonestroo CONCRETE PAVEMENT 6. Compression tests for post - tensioned concrete: a. Test 1 (min.) cylinders immediately before tensioning slabs and beams. Cylinders must be field cured in accordance with paragraph "Cure test cylinders per ASTM C3 L" b. Test 2 cylinders at 28 days. 7. Hold 1 cylinders in reserve for use as Engineer directs. 8. Unless notified by Engineer, reserve cylinders may be discarded without being tested after 56 days. D. Slump Flow Test: 1. Conduct one slump flow test in accordance with ASTM C1611 per truckload of ready mixed concrete delivered to Project at truck for superstructure concrete. 2. Conduct slump flow test in accordance with ASTM C1611 for foundation concrete. E. Report all nonconforming test results to Engineer via fax. Follow up with colored paper copies to flag the non - conformances. F. Monthly, submit a graph showing distribution of compressive strength test results and air content test results. 3.11 EVALUATION AND ACCEPTANCE OF CONCRETE A. Concrete Compression test will be evaluated by Engineer in accordance with ACI 301. If number of tests conducted is inadequate for evaluation of concrete or test results for any type of concrete fail to meet specified strength requirements, core tests may be required as directed by Engineer. Air content and parameters of air -void system shall meet requirements of this Section. B. Core tests, when required, in accordance with ACI 301. 3.15 MEASUREMENT AND PAYMENT A. Measurement will be by the square foot of in -place reinforced concrete pavement. Payment will be made under Item 2 (5 -inch Thick, Reinforced Concrete Pavement), which will be compensation in full for all materials and labor for cast -in -place concrete pavement including all aggregate base prep work. 000034 - 07205 -0 02750 -13 CAST -IN-PLACE 02008 Bonestroo CONCRETE PAVEMENT SECTION 02920 LAWNS AND GRASSES PART 1 GENERAL 1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2003 (MnDOT Seeding Manual). 1.03 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. B. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. 1.04 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. IV0IN 1 6n11410 2.01 TOPSOIL: Premium Topsoil Borrow conforming to MnDOT Spec. 3877.2C. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP). 000034- 07205 -0 © 2007 Bonestroo 02920 -1 LAWNS AND GRASSES 2.03 SEED: Conform to MnDOT Spec. 3876 A. Lawns: MnDOT Mixture 270. 2.04 MULCH: Conform to MnDOT Spec. 3882. 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. C. Delivery: 1. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. D. Storage: 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.30: 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs. /1000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. /1000 sq. ft.). 000034 - 07205 -0 0 2007 Bonestroo 02920 -2 LAWNS AND GRASSES 3.03 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. 3.04 MULCH: Conform to MnDOT Spec. 2575.3. 3.05 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.3.7 and as modified below. B. Raking or harrowing of soil /seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re- seeded and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one- time proper installation is acceptable. 3.06 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the work shall be restored over to the salve requirements of the original work. 3.07 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided work offered for inspection is complete. B. When inspected landscape work does not comply with requirements, replace rejected work until re- inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for MnDOT Mixture 270 Seeding. Measurement will be lump sum. Payment will be considered compensation in fi211 for seed mix installed in place as specified, including preparing topsoil; preparation of seedbed; fertilizer; seed; and all correlated activity, in all areas disturbed by construction activities. 000034- 07205 -0 C9 2007 Bonestroo 02920 -3 LAWNS AND GRASSES B. A Bid Item has been provided for Premium Topsoil Borrow (LV). Measurement will be based upon units of cubic yards of material (loose volume) furnished and placed complete in place as specified. The actual quantity installed multiplied by the Quote Price will be considered payment in full for all work and costs of this Quote Item. C. 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- 07205 -0 0 2007 Bonestroo 02920 -4 LAWNS AND GRASSES 62nd AVE NO 3sw 1250 2500 Scale in foot L) lV O O O O ti O C11 p n O O mo a WOODEN 1160 07 NEW HOPE, MINNESOTA CIVIC CENTER SKATE PARK - CONCRETE 3407205FO1.DWG DATE:MACRH 2008 COMM: 000034-07205-0 ■ X3 ' LMCIT Risk Management Information 145 University Avenue West, St. Paul, MN 55103 -2044 Cifivs,^sa»r+mo6irgvm v&.YOVV Phone: (651) 281 -12oo • (800) 925-1122 Fax: (651) 281 -1298 • TDD (651) 281 -1290 www.Imcit.Inmc.org LMCIT offers coverage for skate parks to member cities in the property /casualty program. Due to the various types of skate park configurations and the various exposures presented by them, LMCIT has developed an underwriting approach based upon a two -tier view of skatepark facilities. Underwriting criteria has been established for both Tiers. • Tier 1 facilities have features 48 inches or less in height. Underwriting criteria must be met but no additional premium is charged for this type of skatepark. • Tier 2 facilities have features with heights greater than 48 inches. Additional underwriting criteria must be met due to the more dynamic nature of this type of skatepark. An additional premium in the range of $2,500 to $7,500 is charged based on the size and number of features and the adequacy of park support activities (i.e. inspection, maintenance, etc.). Underwriting Criteria: Tier 1 Skateparks LMCIT strongly recommends the following: • Personal protective equipment such as helmet, elbow pads, kneepads and proper footwear should be used at all times. LMCIT requires the following: • Advisory signage. Signage should outline the rules and regulations of the park and recommend use of personal protective equipment (as noted above). • Structural integrity for each skatepark. • Features placed in fixed positions. • Periodic security inspections. The city's law enforcement and /or recreation department personnel should perform formal, periodic security inspections to ensure park rules and regulations are being observed. • Regularly scheduled maintenance and inspection program. The frequency of this activity will depend on the usage level of the park. • Appropriate safety guardrail placed on the back or corner of any skatepark feature that is 48 inches in height. This is intended to help prevent accidental falls off those areas. The guardrail shall be designed so that use of it as a skatepark feature is discouraged and that it does not create entrapment hazards. LMCIT premium. There is no additional premium charge for tier I skateparks. Underwriting Criteria: Tier 2 Skateparks LMCIT requires all the above - stated tier 1 recommendations and requirements in addition to the following: • Fencing or other adequate security measures are in place to control access to the park when it is not in operation. • Adequate, on -site supervision of the park while it is in operation. • "Waivers of liability" signed by the park users if they are age 18 or older. For park users under age 18, waivers are to be signed by the user's parent or legal guardian. LMCIT premium. An additional premium in the range of $2,500 to $7,500 is charged based on the size and number of features and the adequacy of park support activities (i.e. inspection, maintenance, etc.). For additional loss control information refer to Skateparks Information & Loss Control Guidelines. How can cities get more information on skate park operations? Contact your LMCIT Underwriter or your regional LMCIT Loss Control Consultant. They can provide additional information on the requirements and considerations concerning both tier 1 and tier 2 skateparks. Who can we contact with coverage questions and comments? Contact your LMCIT Underwriter, or Pete Tritz at the LMCIT office. Your reaction and feedback are important to us. 5/03 Mike Wozniak Skate Park Sign Items The items listed below are topics that should be addressed on your skate park signs. Your city may want to add or delete items from this list as needed to address your cities specific needs and concerns. 1) Hours of use 2) Age limits with supervision and without supervision 3) Number of skaters at one time 4) Direction the skaters should go 5) No horseplay, crack -the- whip.... 6) Skateboards and inline skates only, no bicycles or motorized vehicles 7) No alcohol or tobacco 8) The following personal protective equipment should be worn A) Helmets B) Knee and elbow pads C) Gloves and wrist supports D) Proper shoes, no flip- flops.... 9) Do not add or alter ramps and equipment 10) Skating privileges will be revoked if these rules are not followed. * Somewhere on the sign, the top, bottom or across a corner you may want to place "for your protection" or "for your safety ". The signs should be constructed with 4" letters similar to highway signs. The lettering should be reflective and a contrasting color to the background. I also recommend that you have your legal council or the LMCIT staff attorneys review the signage before installation. Use pictographs when possible. Loss Control Advisory Uhl The popularity of skateboarding is on the rise again. This is by no means a "new" activity, but, like many other recreational activities, it has undergone refinements and equipment and facility changes along with its upsurge in popularity. Unfortunately, along with this upsurge in popularity, risk management challenges also arise in those communities with active skateboarder populations. This advisory is intended to provide basic information to assist communities in making sound risk management and loss control decisions concerning this risk exposure, while addressing the desires and best interests of the community as a whole. The Issue The scenario is fairly consistent in most communities... an increasing skateboarder population begins using streets, sidewalks and parking lots to conduct their activity. Sometimes, these activities begin to interfere with the day -to -day public traffic and business operations in these areas and give rise to complaints to community leaders. Many community leaders respond by establishing ordinances which either partially or totally prohibit skateboarding activity in public areas. Feeling the pressure of no longer being able to skateboard legally in public areas, the skateboarding enthusiasts take their case to the community's elected officials. Quite often, this takes the form of the skateboarders and their supporters (usually their parents) coming as a group to a council or board meeting to plead for the community to build a skateboarding park so they will have someplace to go to conduct their activity. The pressure now shifts to the elected officials who, under the argument that providing a skateboarding facility will do away with the problem of the "illegal skateboarder" and also provide a wholesome environment which will help to keep the skateboarders away from drugs, alcohol and other unwholesome materials and activities. Although providing facilities for this or related activities may be an appropriate action after all perspectives have been reviewed, there are some myths that have surfaced in the above scenario that need to be dispelled. First, providing a public skateboarding facility will not necessarily, in and of itself, provide a long -term solution to skateboarding in public areas where it's not appropriate. Providing a designated skateboarding facility, especially when it first opens and is a novelty, will tend to concentrate skateboarders in one area. Those persons with more highly developed Page 2 skateboarding skills will tend to gravitate to such facilities and those with less highly developed skills may find the facilities becoming crowded and go back to the streets, sidewalks and parking lots. Second, providing such facilities will not be a direct solution to keeping skateboarding enthusiasts away from other, unwholesome activities. If that were the case, the public facilities and programs already in place would have already accomplished this. This is an area where parents, guardians, schools and the entire community need to become involved from the very start with parenting and guidance activities. Communities should not feel obligated to "be all things to all people" if what they are being asked to do goes beyond their ability to adequately manage, on a long -term basis, the risks involved in the best interests and safety of the public and citizens of the community as a whole. Risk Manaaement Considerations With the rise in popularity of skateboarding activity, some communities have, indeed, found that it fits their overall recreation facility and program planning to provide one or more facilities for skateboarding activity. These communities have generally done a thorough job of investigating all of the parameters of providing such a facility and weighed the cost vs. benefit factors. By the way, "costs" take a variety of forms -- from the costs of materials and labor, to long -term maintenance costs, to supervision and administration costs (including potentially increased insurance costs), to costs of injury and loss in conjunction with facility operations. It's also a good idea to involve the skateboarding enthusiasts who want the facility in the "exploration" and planning process. This can help them to have some "ownership" in the process and gain additional understanding of all the planning factors involved. Due to the dynamic potential of skateboarding activity, we do not recommend that unsupervised, "passive" skateboarding facilities be provided. Don't forget, if a community operates any kind of facility on its property, it will be responsible for the proper use, operation and maintenance of that facility. Hence, providing a supervised facility that can be secured from unauthorized use when not in operation is appropriate for this dynamic activity. Another consideration related to this is that if an unsupervised facility is provided that has only limited challenges, it will not be used and may become an "attractive nuisance" liability exposure to the community. In more of a list type of format, here are some other considerations as a community contemplates whether or not to provide skateboarding facilities ... Page 3 GENERAL ITEMS: 1. Can a determination be made as to how many persons will potentially use the facility, and for how long? This is part of the cost vs. benefit equation. 2. What kind of skill levels will be required to use the facility? 3. What features will be included? (Half - pipes, bowls, ramps and projections, etc.) Can they be "engineered" to provide a reasonably safe challenge with a minimum of initial construction cost and need for ongoing maintenance? 4. What types of personal protective and safety equipment will be required? 5. What total materials and labor costs will be generated to construct the facility as a whole? 6. What short -term and long -term maintenance costs will be generated? 7. What short -term and long -term costs will be generated to train and staff supervisory personnel? 8. What additional costs may be generated to insure the facility? MORE SPECIFIC ITEMS: 1. To help prevent unauthorized use when not in operation or not being supervised, the facility will need to be enclosed with a minimum of security -type fencing of sufficient height. 2. A formal, documented maintenance program will need to be established and continued for the life of the facility. 3. Adequate planning of the facility "footprint" will be necessary to minimize conflicts between active users of the facility and spectators, passive users and others, including those using nearby facilities. 4. Special events using the facility, especially those that are considered "sanctioned" events sponsored by organized groups, will need to function only under specific insurance cover. This preferably should be provided by the organization(s) involved and name the community as an additional insured. A hold harmless and indemnification clause in favor of the community should also be included. Insurance companies providing this type of cover should be closely scrutinized for their financial stability and the value of the coverage provided. Page 4 5. Administration of use of the facility should include the use of waivers of liability signed by the users of the facility and their parent or guardian if under 18 years of age. Due to the limited acceptance of waivers by the courts, the waiver should be specifically constructed for this purpose by legal counsel with experience in this area of law. 6. The facility will need to post and enforce established rules and regulations to include, but not necessarily limited to: a) Operating hours and admission requirements. b) Possible age and skill level requirements. C) Behavior requirements. d) Requirements regarding the use of personal protective and safety equipment (ie: helmets, elbow and knee pads, gloves, proper footwear) e) Requirements concerning the fitness for use of skateboards and related equipment. 7. Can ramps be cost effectively constructed to reflect appropriate design "standards" for use of materials that present the lowest potential ongoing maintenance cost? Have designs incorporated the use of impact absorption material around the perimeter fall areas of ramps, etc.? 8. Does the need for the facility outweigh the potential for injuries and liability claims and lawsuits that may emanate from the facility? Does the current legal climate for parks and recreation liability favor operation of such a facility? 9. Can establishment of such a facility sustain a challenge for accessibility for use by disabled persons under the Americans with Disabilities Act of 1990? 10. Have alternatives to the public entity's operation of the facility been fully explored? For example: a) Is there an formally organized group or private individual that could more effectively operate the facility on private property? b) Could such a facility be operated appropriately if it were placed on public property, but operated by a formally organized group or private individual that has obtained appropriate insurance coverage and established a proper operations agreement with the community? Summary As can be noted from this advisory information, potential liability issues emanating from skateboarding activities in public entities tend to be more complex than they may appear on the surface. We caution any public entity that is considering providing such facilities and programs to consider them carefully and be comfortable with their ability to provide well managed facilities for the safety and well -being of everyone. LMCIT L IMC Risk Management Information 1"Nl ga � ( `Wos 145 University Avenue West, St. Paul, MN 55103 -2044 Cwivo pnnat4iml VM %11`02" Phone: (651) 281-1200 • (800) 925 -1122 Fax: (651) 281 -1298 •TDD (651) 281 -1290 www.Imcit.Imnc.org SKATEPARKS INFORMATION & LOSS CONTROL GUIDELINES This memo offers background information on skateparks, and loss control requirements, recommendations, and liability coverage. If your city is planning to build a skatepark, please call your LMCIT Loss Control Representative at 612- 766 -3172. What is a skatepark? A skatepark provides artificially constructed structures for the skater to practice the in -line skating and skateboarding. Constructing skateparks: Reduces conflicts between youth and authorities; • Reduces damage to public and private property; and, • Provides a safe place to practice the sport. To ensure that skaters will practice at these facilities, it is important for local governments to work with local skaters in developing a facility, and pass ordinances banning skating in other places. Possible skatepark features are: • Half -pipe structures. This equipment is shaped like a U and can range from two to ten feet high. A half -pipe purposely does not have a staircase to the platform area; this measure deters unskilled skaters from using the ramp. • Bowl structures. Bowls are pilings driven into the ground with clay packed around to form hills and valleys covered with concrete, asphalt, or stand alone fiberglass flume type bowl. They look like a large empty swimming pool with rounded edges and moguls contained inside of it. Street skating structures. Equipment such as rails, "fun box ", and the "pyramid ", reflect obstacles actually found on the street and are often more interesting. These structures can rapidly deteriorate with use, and it is necessary to budget for regular maintenance. To date, there are no national standards for constructing ramps. However, some of the design considerations recommended by the National Recreation and Park Association include: • Users must be included in the design process; • The size should not be less than 12,000 sq. ft. nor greater than 15,000 sq. ft; • Construction costs should be approximately $8.00 per sq. ft. and include labor, materials and profits for the contractor; • The ideal location for a facility is in an existing or new park with access to restrooms, drinking fountains and shade trees; and • Different levels of the skaters' abilities must be considered, which can be accomplished by the height, width, and slope of structures. Injuries and liability Aggressive skating is a potentially dangerous sport. The U.S. Consumer Product Safety Commission conducted a detailed analysis of the sport of skateboarding and found that it requires complex motor skills. The maximum amount of motor skills are found in individuals that have hit puberty; however, the aging process beyond the teens can begin to affect skateboard - riding performance. It is recommended that children younger than five years of age should not use skateboards. The CPSC study found that regardless of age, experience is a key factor in reducing the likelihood of injury. Another finding from this study is that in almost all cases of severe injury, the victim was not wearing protective equipment at the time of the accident. The study concludes that wearing of protective equipment could undoubtedly reduce both the frequency and the severity of skateboard related injuries. Equipment that should be worn includes helmet, kneepads and elbow pads. An American Medical Association study concluded that in -line skating and skateboarding leads to a significant number of wrist and head injuries. The issue of protection against head injury is particularly important because of the potential for long -term disability. In its hazard analysis of skateboards, the CPSC stated that because there is an element of risk in the sport itself, even optimum conditions would not completely prevent accidental injury. An experienced skateboarder, wearing full protective equipment and riding a well- engineered and maintained skateboard in a carefully controlled environment is still at risk for injury or death. The probability may be reduced but the risk cannot be completely eliminated. Potential liability exposure for cities include: • Injuries to skaters; • Injuries suffered by a bystander or spectator; • Improper design, construction or manufacturing defects; • Negligence based on irregularities in the skating surface due to wear or vandalism, in conjunction with a failure to repair; • Claims could be based on failure to warn or based on products liability (i.e., if boards or safety equipment is rented or provided); and • Injuries caused by a co- participant may give rise to claims involving failure to supervise. What are the options for a municipal government? Local governments have several options regarding skateparks including: The city builds the skatepark and operates it as part of its parks and recreation department. A prime example of a city owned and operated skatepark facility is the John Rose Minnesota Oval in Roseville. Each person admitted into the park must sign and review liability waivers, which are then kept on file. Skaters are required to wear a helmet, wrist guards, kneepads, and elbow pads. All employees are trained to enforce rules of the park, and additionally, are trained in procedures for preventing the spread of infectious diseases transmitted by blood and other potentially infectious materials. It offsets its expenses by charging admission to users. 2. The city owns the skatepark and an association operates it. 3. The city owns the skatepark and an association leases the property and operates it. 4. A nonprofit association owns and operates the skatepark in private land. For the last three options, skaters organize into a nonprofit association to build and maintain a skatepark. By leasing (or selling) land to the group to construct and run a facility, the city would be able to transfer liability risks to the association. The contract between the city and the association should contain proper hold harmless /indemnification language and requirements for the group to have sufficient insurance. An example of this approach is found in the relationship between Mankato and the Mankato Area Skateboard Association (MASA). After two and a half years of setbacks, in 1993 this nonprofit association was able to convince the city of Mankato to donate land for a "roller sport" facility. They needed to raise $127,000 to build the in -door facility, which is now known as the "Woodworks. These options are difficult to implement because it takes some time for skaters to organize. And since the majority of skaters are between 14 -18 years of age, there is a short time of involvement and it is difficult to assure continuity. However, there are great benefits of working with a nonprofit association. Skaters have an investment in seeing the facility succeed, and because skaters are intimately involved in the creation of the facility, the park will offer equipment able to keep their interest. LMCIT coverage for Skateparks When planning a skatepark, please involve your city's LMCIT Loss Control Representative, 612- 766 -3172. If you have any questions about LMCIT coverage of skateparks, please contact your city's underwriter at 651 -281 -1200, or 800 -925 -1122. In addition, take a look at the LMCIT Coverage for Skateparks for more information. LMCIT offers member cities liability coverage for skateboard/ in -line skating parks. After reviewing and asking for feedback on skatepark policy, LMCIT revised the two- tiered approach for covering these facilities. Tier 1 facilities have features 48 inches or less in height. No additional premium is charged for this type of skatepark. • Tier 2 facilities have features with heights greater than 48 inches in height. Premium rates for tier 2 skateparks will range from $2,500 to $7,500. Factors that will affect the premium charge include: Anticipated attendance levels Size and number of ramps Hours of operation of the facility (i.e., open a few days a week versus each day) Loss Control Guidelines for Tier 1 Skateparks LMCIT strongly recommends the following: • Personal protective equipment such as helmet, elbow pads, kneepads and proper footwear should be used at all times. LMCIT requires the following: • Advisory signage. Signage should outline the rules and regulations of the park and recommend use of personal protective equipment (as noted above). • Structural integrity for each skatepark. • Features placed in fixed positions. • Periodic security inspections. The city's law enforcement and /or recreation department personnel should perform formal, periodic security inspections to ensure park rules and regulations are being observed. • Regularly scheduled maintenance and inspection program. The frequency of this activity will depend on the usage level of the park. • Appropriate safety guardrail placed on the back or corner of any skatepark feature that is 48 inches in height. This is intended to help prevent accidental falls off those areas. The guardrail shall be designed so that use of it as a skatepark feature is discouraged and that it does not create entrapment hazards. Loss Control Guidelines for Tier 2 Skateparks LMCIT requires all the above - stated tier 1 recommendations and requirements in addition to the following: • Fencing or other adequate security measures are in place to control access to the park when it is not in operation. • Adequate, on -site supervision of the park while it is in operation. • "Waivers of liability" signed by the park users if they are age 18 or older. For park users under age 18, waivers are to be signed by the user's parent or legal guardian. If you are considering a skating facility, the five most important areas to include within your plans are: • Environmental controls; • Supervision; Facility rules, regulations, and signage; • Maintenance and safety inspections; and Enforcement of skaters wearing personal protective gear. Environmental controls Proper assembly and installation of ramps and equipment are crucial for structural integrity, stability and overall safety. One source of information regarding skatepark ramp design is available through the International In -line Skating Association's web page at www.iisa.org. Installation of equipment should not deviate from the manufacturer's instructions. After assembly, equipment must be inspected before its first use. As a precaution, the manufacturer's assembly and installation instructions and all other materials collected concerning the equipment should be kept in a permanent file. LMCIT recommends that skating be allowed only in designated areas. The following specifics are required for LMCIT coverage: • Tier 2 skating parks need to be completely enclosed by a fence. The fence must provide adequate protection for spectators from flying boards, other debris and /or falling skaters. If open at night, the facility must be adequately lit. • Skater should never be allowed to bring in their own ramps, handrails, or other structures that could be used to perform stunts. • The designated area must be secured by a lock during closed hours. • Facility rules and regulations, including hours of operation, will be posted in a conspicuous location. • Competitions must be restricted to only those sponsoring organizations who are able to provide separate insurance coverage and a contract holding the city harmless and indemnified. In addition, large advanced ramps should be accessible to only those of advanced experience and superior athletic ability, and physical conditioning. Young skaters (between 11 and 13 years old) may not have enough body mass to use a larger structure. Large ramps/half -pipes are not recommended for average community and recreation department parks. Large half -pipes are not used as much as other pieces of equipment. Most skaters are unlikely to be able to use advanced ramps because of lack of experience and athletic ability. Also, large half - pipes are the most expensive type of ramp with a cost of more than $20,000. Supervision General supervision, as it specifically relates to safety, stresses there must be adequate staffing for all services and activities. The proposed facility must be supervised at all times when it is open to the general public. The person or supervisor in charge of the facility must have sufficient knowledge of skateboarding and skating to enable him /her to review and determine the skill level of skaters. An adequate emergency plan must be developed for the skatepark's operation. Staff members will be trained regarding all safety rules and operational procedures. All training and orientation information given to staff members must be documented and kept on file. Supervisors should limit the number of people in the skate area to minimize injuries resulting from collisions. The facility director should determine the patron limit based upon the size of the aggressive skating area, the number of employees on duty, seasonal demand, etc. This will help ensure a safe management ratio between supervisors and users. Since injuries at skateparks can be severe, it is necessary that minimum medical standards be met. Besides having your personnel trained in CPR and first aid, you should have the following readily available: • A telephone or radio communications to emergency services; • A complete medial first-aid kit on premises; • Ice packs and sanitary towels available; and • An accident report to be completed by facility supervisor on duty following any accident or injury occurring at the facility. A complete accident report should be filed by the employee on duty following any accident or injury occurring at the skatepark. All accident reports must be kept on file by the city. This report should include: I. Date; 2. Time of day; 3. Injured person's name, address and phone number; 4. If the injured person is a minor, the name of his/her parent or guardian; 5. Names and phone numbers of any witnesses; and 6. A complete description of the events and circumstances surrounding the accident or injury. Facility rules, regulations, and signage A skating facility must be signed and constructed with the priority of reducing the risk of injury to participants and spectators. Written facility rules and regulations must be posted in a visible area. Signage should be easy to read and must be accompanied by visual symbols, and wherever necessary, be translated into the language of the community. The facility will need to post and enforce established rules and regulations to include, but not necessarily limited to: • Operating hours and admission requirements • Possible age and skill level requirements • Behavior requirements • Requirements regarding the use of personal protective and safety equipment • Requirements concerning the fitness for use of skateboards and related equipment • Skate runs should be labeled clearly as to degree of difficulty • In addition, the park should retain the right to revoke skating privileges of participants who are rowdy or who do not abide by the rules All users of a skating facility need to complete the following: • An understanding agreement of the rules and regulation of the park. (Attachment A) • A facility registration card before using the facility. Registration cards must be kept on premises. (Attachment B) • A facility identification card that will be shown to gain entrance to the facility. The user must carry an identification. (Attachment Q • A warning and waiver signed by the skater and guardian, if a minor. (Attachment D) Some ideas to provide more safety for those who participate include: lessons for novice skaters; pre - use equipment checks by personnel; and inclement weather operational restrictions. Maintenance and safety inspections A large number of injuries are caused by poor or inadequate maintenance, which could probably be eliminated by establishing procedures to address the maintenance problem. These procedures include documented regular safety inspections, repair programs, and hazard identification training for maintenance staff. Safety inspections must become a major activity for all aggressive skating facilities. The rising number of injuries — and the recognition that many of these injuries can be prevented through planning and care — has underlined the need for a documented regular inspection program. Safety inspections are an ongoing process from the installation of the aggressive skating structure until its removal due to age, wear, or obsolescence. Inspections must be regular and based on a standardized process form. The more frequently the facility is inspected, the better the opportunity to spot any potential problems. The frequency of inspections will be determined by the amount of use that the equipment receives, its present condition, its construction, and its exposure. Trust members are required to conduct and document at least monthly self- inspections of all aggressive skating operations and facilities. Personal protective gear All skaters must wear safety equipment at all times. The protective gear currently on the market is not subject to federal performance standards, and therefore, careful selection is necessary. Protective gear will help absorb the impact of a fall. It should not interfere with the skater's movement, vision or hearing. This equipment includes, but is not limited to, the following: • An appropriate helmet • Knee and elbow pads • Proper shoes Revised 5/03 Checklist for tier 2 skateparks The following is a checklist of requirements needed to receive and maintain coverage for a tier 2 facility by LMCIT: ❑ The skating area will need to be completely enclosed by a fence. The fence must /should provide adequate protection for spectators from flying boards, other debris and /or falling skaters. ❑ If open at night, the facility must/should be adequately lit. ❑ Skaters should never be allowed to bring in their own ramps, handrails, or other structures that could be used to perform stunts. ❑ The designated area must/should be secured by a lock during closed hours. ❑ Facility rules and regulations, including hours of operation, will be posted in a conspicuous location. ❑ Trained supervisors must /should be present at the facility during hours of operation. ❑ Document a formal maintenance program and continue that program for the life of the facility. Inspect the facility daily to identify potential hazards. ❑ Require skaters (and their parents or guardian if under 18 years of age) to sign waivers of liability. In addition, skaters should be issued an admittance card, which must /should be shown prior to admittance to the designated area. ❑ Require skaters to wear personal protective equipment such as a helmet, wrist guards, elbow /knee pads, and proper shoes. Ll The facility must /should have the following readily available: ❑ A telephone or radio communications to emergency services ❑ A complete medical first -aid kit on premises ❑ Ice packs and sanitary towels ❑ Children younger than 10 years of age should not be allowed in the skate park. ❑ Competitions must /should be restricted to only those sponsoring organizations who are able to provide separate insurance coverage and a contract holding the city harmless and indemnified. ❑ An accident report must /should be completed by a facility supervisor on duty following any accident or injury occurring at the facility. Attachment A Rules of Skatepark 1. Skating is restricted to the skating areas. 2. All skaters must have a registration card. 3. All skaters must wear the following protective equipment: a helmet, elbow and knee pads, wrist guards and appropriate footwear. 4. All protective gear and equipment must be designed for skateboard /in -line skating and be in good condition. reserves the right to refuse to allow anyone to skate if his or her protective gear and equipment are not adequate. 5. All skaters agree to act in an orderly, safe and considerate manner while on the premises and in the skating area. 6. Everyone is to wait his or her turn. Reckless or dangerous skaters will be requested to leave the skating area and the premises immediately. 7. All injuries, whether major or minor in nature, are to be reported to the management immediately. In the case of a serious injury, do not move the injured person and all skating on that ramp shall cease immediately. 8. Only one skateboarder is permitted on a board at a time. 9. No bicycles, roller skates, alcohol, tobacco products or drugs are permitted in this facility. 10. No food or drink in the skating area. 11. No children younger than age 10 will be allowed in the skating area. I , I understand them and agree to follow them. have read the rules of the skatepark. Signature: Parent /Guardian Signature: Attachment B Sample Registration Card (5 "x7" index card, front) Facility Name Parks and Recreation Department City/ Town of Applicant Information (please prim) Name: Address: City /Town: _ Home phone: State/ Zip: Emergency contact: Phone: (5"x7" index card, back) I /we are aware of the nature of the skateboard /in- line skating activities available throughout the Parks and Recreation Department. I /we hereby give permission for my /our child to participate. I /we release the city /town of and its employees and agents from any liability for injuries that may arise out of my /our child's participation in these skateboard/in -line skating activities. Parent /Guardian Signature: Date: Participate Signature: Date: Recreation Department Representative Signature: Date: Attachment C Sample Membership Card (2.5" x 3.5" card) Identification card to be carried by user City /Town Department of Recreation This certifies that: is registered to use this skate park. Address: Phone: Date: Attachment D Skatepark Voluntary Release, Acknowledgment and Acceptance of Risks by Participant (Please read carefully before signing) Participant Name: Date: Address: In order to participate in this activity, I agree to hold the city of , any promoters, officials, advertisers, and property owners harmless, and I waive any right to make claims or lawsuits against them. I acknowledge that this is not an essential service provided by the city of I understand and acknowledge that the activities I am about to voluntarily engage in as a participant have certain risks. I understand that these risks known or unknown, articipated or unanticipated may also result in injury, death, illness, disease or damage to myself or my property or other third parties. I voluntarily agree and promise to accept and assume all responsibilities, and injuries, death, illness, disease or damage to myself or my property arising from my participation in this activity. This waiver does not apply to any injuries or damages that are the result of willful, wanton, or intentional misconduct. My participation in this activity is voluntary and no one is forcing me to participate in spite of the risks. I understand the effect of this waiver and acceptance of risk on my legal rights. My signature indicates that I have read this entire document, understand it completely, acknowledge that it cannot be modified or changed in any way by oral representations, and agree to be bound by its terms. This agreement shall be binding on behalf of myself, my heirs, assigns, personal representative and estate. Signature: If participant is under 18 years old, this release must be co- signed by a parent or guardian. Parent/Guardian: Date: IW N 41F The M pad belongs to everyone. Please be respectful of others and share the space. By using this park you are assuming the risks and responsibilities that are inherent in skate parks. The use of helmets, knee pads, and other protective gear is STRONGLY recommended!