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Imp. Proj. #661
COUNCIL Originating Department Approved for Agenda Agenda Section Parks & Recreation 1/10/2000 Consent ;I Item No. By: Shari French ( B3r `. 1 6.17 MOTION TO ACCEPT IMPROVEMENT PROJECT NO. 661 (CITY HALL EXTERIOR STORM DRAIN IMPROVEMENTS) AND APPROVE 1 ST AND FINAL PAY REQUEST TO MINNCOMM UTILITY CONSTRUCTION IN THE AMOUNT $8,210.00 REQUESTED ACTION Staff is recommending that the Council accept this part of Improvement Project 661 and approve final payment to MinnComm Utility Construction in the amount of $8,210.00. All appropriate paperwork has been received by the City in order to close out this project. BACKGROUND This project involved the storm sewer installation and repair of police parking lot portion of project 661. FUNDING The final total for this portion of this project is $8,210.00. This is $650 higher than the original contract amount due to quantity changes in the field for the parking lot. Funding has come from surplus CIP. ATTACHMENTS Bonestroo letter recommending final payment is attached. • ro TO: Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer December 28, 1999 Ms. Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Principals: Otto G. Bonestroo, P.E. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, P.E. Glenn R. Cook, P.E. • Robert G. Schunicht, RE. • Jerry A. Bourdon, RE. - Robert W. Rosene, RE., Richard E. Turner, RE. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals. Howard A. Sanford, P.E. • Keith A. Gordon, RE. • Robert R. Pfefferle, RE. Richard W. Foster, P.E. • David O. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. Michael T. Rautmann, RE. • Ted K.Field, RE. • Kenneth P Anderson, P.E. • Mark R. Rolfs, RE. Sidney P. Williamson, RE., L.S. • Robert F Kotsmith • Agnes M. Ring • Allan Rick Schmidt, R.E. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Website: www.t)onestroo.com Re: City Hall Exterior Drainage Improvements City Project No. 661 Our File No. 34 -99 -108 Dear Shari: Most of the work is completed for the City Hall Exterior Drainage Improvements. Additional landscaping will be completed in the spring. The work consisted of 4 contracts. The works was completed as follows: Contract Contract Amount Final Amount 1. Storm Sewer $7,560 $8,210.00 Install storm sewer Repair Police parking lot 2. Grading and Tile $15,765 $14,788.65 Remove existing landscaping Install drain tile and inlets Finish Grading 3. Waterproofing $3,000 $2,750.00 Install waterproofing on exterior of foundation Subtotal $26,325 $25,748.65 4. Landscaping $4,165 Trees, bushes, mulch in fall $2,126 Additional landscaping in the spring $2,000 (Final amount to be based on quotes) Project Totals $30,490 $29,874.65 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651 - 636-4600 ■ Fax: 651 - 636-1311 After the landscaping is completed in the spring, the overall cost of the project will be approximately- 2% lower than the approved amount. However, the original Grading and Tile contract included the replacement of sidewalk panels along Xylon Avenue. This work could not be completed in a timely manner and therefore was not completed nor paid. If required, this work can be completed in spring by the contractors working on the Pool Concession Building. The estimated value of this work is approximately $1,000. It is recommended that the following final payments be approved: Contract Contractor Final Amount Storm Sewer Minncomm $8,210.00 Waterproofing Brent Anderson $2,750.00 Fall Landscaping Kokesh Landscaping $2,126.00 It is further recommended that a partial payment in the amount of $14,788.65 be made to Dave Perkins Contracting for the Tile and Grading work. Final payment will be made in the spring after the sod has passed the warranty period. All signed final and partial pay requests are attached. IC -134 forms are also attached for the three contracts to be finaled. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top cc: Guy Johnson Tom Schuster Mark Hanson s Rosene Owner: Citv of New Hope 4401 X Ion Ave N New Hope MN 55428 -4898 Date: October 26, 1999 For Period: August 31, 1999 to October 26, 1999 Request No: 1/Final # Bonestro Anderlik& Associate 1 n , sArchitects Contractor: MinnComm Utility Cons 1949 Shady Acre Lane Mora MN 55051 REQUEST FOR PAYMENT CITY HALL EXTERIOR STORM DRAIN IMPROVEMENTS BRA FILE NO. 34-99-108 CITY PROJECT NO. 661 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated Damages 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO $ 7,560.00 In': - -I Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. $ 7,560.00 $ 8,210.00 $ 8,210.00 $ 0.00 $ 8,210.00 $ 0.00 $ 8,210.00 Specified Contract Completion Date: CDC/ ld-Dl i Date: requests -storm drainAs M Item Base Bid 1 Directional Drill 8" HDPE, SDR 11 2 Remove Bituminous Pavement 3 Bituminous Patch 4 Connectto Existing Structure Total Work Completed to Date $8,210.00 requestl -storm drain.)ds Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 95 $48.00 95 $4,560.00 SY 125 $1.00 125 $125.00 SY 125 $25.00 125 $3,125.00 EA 1 $400.00 1 $400.00 $8,210.00 requestl -storm drain.)ds x PROJECT PAYMENT STATUS OWNER City of New Hope CITY PROJECT NO. 661 BRA FILE NO. 34 -99 -108 CONTRACTOR MinnComm Utility Construction CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retaina a Completed 1 08/31/99 1 10/26/99 8,210.00 8.210.00 Material on Hand Total Payment to Date $8,210.00 Original Contract $7,560.00 Retaina a Pay No 1 /Final Chan a Orders Total Amount Earned $8,210.00 Revised Contract $7 requests -storm drainAs 11/23/99 12.35 FAX 3206799817 MINNCOMM UTILITY tgcuz UNNESOTA Depa o «, r mcomli I ToW coffliod amourd URIYANAM 194 Acre Law - Mwa6 MN 55051 Will-due AAA ithholdin Affi a�vit for Contractors IC-134 This affidavit must be approved by the Minnesota Department of Revenue befoM the state of Minnesota or any of its subdivisions can make final payment to contractors. Ptsaw typo or print dandy. This ma he yaw Oaittng WW for reutming tha completed farm. -- — — -- - "`� 0 pJwom I hUMI ;oto widdlOWing ins 0 number I City Ds you ho4 employees work on this proles; ❑ Yes ❑ No If no, w dht"t6e work? x' Ch!9k the box that describes your Involvement in the project and fill in all information requested. Sate contractor Subcontractor Nome of corimctar who hired you Address © Prime contractor — you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC -131. If you need more space, attach a separate sheet. Business name Address Ownet /o fiver 1 cede t dwicto that all P Awmation t haw fiord in on this fwm is irue and complete to the bast of m y knowledge and WieL t authorise the Department of Revenue to diaektce perrinen! information retaling to this praiecl, includinV sending copies of this loan, to the prima eantiaeAU if J am a subcontractor. and to any subcontractors if t am a prime contractor, and to the contracting ogrnty. 1 4c , C Ire QIg cure � rill* Mail tQ; M pept. pF Re�nue, Withholding Division, Mait Stotiat G610, St. Paul, MN 551d6•t:+61 tJ RM Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Drpad mrnt of Revenue approval Dom 614 grop Parks & Recreation By: Shari French Approved for Agenda - 0 1/10/2000 Agenda Section Consent Item No. 6.18 MOTION TO ACCEPT IMPROVEMENT PROJECT NO. 661 (CITY HALL EXTERIOR STORM DRAIN IMPROVEMENTS) AND APPROVE 1 ST AND FINAL PAY REQUEST TO BRENT ANDERSON & ASSOCIATES IN THE AMOUNT $2,750.00 REQUESTED ACTION Staff is recommending that the Council accept this part of Improvement Project 661 and approve final payment to Brent Anderson & Associates in the amount of $2,750.00. All appropriate paperwork has been received by the City in order to close out this project. BACKGROUND This portion of the project involved waterproofing installation for the exterior. FUNDING The final total for this portion of this project is $2,750.00, which is $250 lower than the original bid. Funding has come from surplus CIP. ATTACHMENTS Bonestroo letter recommending final payment is attached. TO: Originating Department Bonestroo, Rosene, AnderliA and Associates, Inc. is.an Affirm;tivo Aceion Opportunity Employer December 28, 1999 Ms. Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Principals: Otto G. Bonestrou, PE. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, P.E. - Glenn R. Cook, P.E. • Robert G. Schunicht, RE. • Jerry A. Bourdon, P.E. Robert W Rosene, P.E., Richard E. Turner, PE. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, PE. • Keith A. Gordon, P.E. • Robert R. Pfefferle, PE. Richard W. Foster, RE. • David O. Loskota, P.E. • Robert C. Russek, A.I.A, • Mark A. Hanson, RE. Michael T. Rautmann, P.E. • Ted K.Field, P.E. • Kenneth P Ande=rson. RE. • Mark R. Rolfs, RE. Sidney P Williamson, P.E., L.S. • Robert F. Kotsmith • Agnes M. Ring • Allan Rick Schmidt, RE. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Website: www.bonestroo.com Re: City Hall Exterior Drainage Improvements City Project No. 661 Our File No. 34 -99 -108 Dear Shari: Most of the work is completed for the City HaII Exterior Drainage Improvements. Additional landscaping will be completed in the spring. The work consisted of 4 contracts. The works was completed as follows: Contract Contract Amount Final Amount 1. Storm Sewer $7,560 $8,210.00 Install storm sewer Repair Police parking lot 2. Grading and Tile $15,765 $14,788.65 Remove existing landscaping Install drain the and inlets Finish Grading 3. Waterproofing $3,000 $2,750.00 Install waterproofing on exterior of foundation Subtotal $26,325 $25,748.65 4. Landscaping $4,165 Trees, bushes, mulch in fall $2,126 A dditional landscaping in the spring_ $2,000 (Final amount to be based on quotes) Project Totals $30,490 $29,874.65 2335 West Highway 36 a St. Paul, MN 55113 n 651- 636 -4600 a Fax: 651 - 636 -1317 After the landscaping is completed in the spring, the overall cost of the project will be approximately 2% lower than the approved amount. However, the original Grading and Tile contract included the replacement of sidewalk panels along Xylon Avenue. This work could not be completed in a timely manner and therefore was not completed nor paid. If required, this work can be completed in spring by the contractors working on the Pool Concession Building. The estimated value of this work is approximately $1,000. It is recommended that the following final payments be approved: Contract Contractor Final Amount Storm Sewer Minncomm $8,210.00 Waterproofing Brent Anderson $2,750.00 Fall Landscaping Kokesh Landscaping $2,126.00 It is further recommended that a partial payment in the amount of $14,788.65 be made to Dave Perkins Contracting for the Tile and Grading work. Final payment will be made in the spring after the sod has passed the warranty period. All signed final and partial pay requests are attached. IC -134 forms are also attached for the three contracts to be finaled. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top cc: Guy Johnson Tom Schuster Mark Hanson Bonestro Rosene Owner: City of New Hope 4401 X Ion Ave N New Hope MN 55428 -4898 Date: October 25, 1999 For Period: August 31, 1999 to October 25, 1999 Request No: 1 /Final Anderlik & Associates $ En sneers & Architects Contractor: Brent Anderson & Associates 7610 State Hwy 65 Fridley MN 55432 REQUEST FOR PAYMENT Cl HALL EXTERIOR WATERPROOFING IMPROVEMENTS BRA FILE NO, 34 -99 -108 SUMMARY 1 Original Contract Amount $ 3,000.00 2 Change Order - Addition $ 3 Change Order - Deduction $ 4 Revised Contract Amount $ 3,000.00 5 Value Completed to Date $ 2,750.00 6 Material on Hand $ 7 Amount Earned $ 2,750.00 8 Less Retainage $ 0.00 9 Subtotal $ 2,750.00 10 Less Amount Paid Previously $ 11 Liquidated Damages $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 /Final $ 2,750.00 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. P � Approv y Contractor: BRENT AADERSQN-& Approv d O r: CITY E PE Specified Contract Completion Date: Date: requestl - waterproofingAs No. Item Base Bid 1 Waterproofing System Installed 2 Deduction for No Performance Bond Total Work Completed to Date Contract Unit Quantity Amount Unit Quantity Price to Date to Date SF 625 $4.80 625 $3,000.00 LS ($250.00) 1 ($250.00) $2,750.00 request t - waterproofing xis PROJECT PAYMENT STATUS OWNER City of New Hope BRA FILE NO. 34 -99 -108 CONTRACTOR Brent Anderson & Associates CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 08/31/99 1 10/25/99 2,750.00 1 1 2.750.00 Material on Hand Total Payment to Date $2,750.00 Original Contract $3,000.00 Retaina a Pay No 1 /Final Chan e Orders Total Amount Earned $2,750.00 Revised Contract $3,000.00 request i - waterproofing.xis Form Minnesota Department of Revenue IC -134 Mbµ Withholding Affidavit for Contractors Rev.1.1 /90 This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. ( Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill the business information below, and attach a copy of each subcontractor's certified IC -134. (If you need more space, attach a separate sheet.) Business Name Address Owner /Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and the contracting agency. Cont ractors signature Title Date NA i or certification. Mail original and one coov to: Minnesota Department of Revenue, Business Trust Tax Section Mail station 6610, ST Paul, MN 55146 -6610 Certificate of compliance with Minnesota Income Tax Withholding Law Based on Records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Mn Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Signature of authorized Department of Revenue official Date �3 19 99 Minnesota ID Number 4865060 Brent Anderson Associates, Inc. Month /year work began Sep -99 7610 State Hwy 65 Northeast Month /year work ended Oct -99 Fridley, MN 55432 Please type or print clearly above. This will be your Total contract amount: $ 3,000 mailing label for returning the completed form. Telephone Number: Amount still due: $ 3,000 (612) 784 -8364 Did you have employees work on this project? Yes Project number: 661 if none, explain who did the work: Proj location: New Hope City Hall Project owner: City of New Hope Address: 4401 Xylon Ave North, New Hope, MN 55428 Check the Box that describes your involvement in the project and fill in all information requested in that category: XXXXX Sole Contractor Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: ( Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill the business information below, and attach a copy of each subcontractor's certified IC -134. (If you need more space, attach a separate sheet.) Business Name Address Owner /Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and the contracting agency. Cont ractors signature Title Date NA i or certification. Mail original and one coov to: Minnesota Department of Revenue, Business Trust Tax Section Mail station 6610, ST Paul, MN 55146 -6610 Certificate of compliance with Minnesota Income Tax Withholding Law Based on Records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Mn Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Signature of authorized Department of Revenue official Date �3 19 99 COUNCIL Originating Department Parks & Recreation By: Shari French Approved for Agenda -0 1/10/2000 Agenda Section Consent Item No. 6.19 MOTION TO ACCEPT IMPROVEMENT PROJECT NO. 661 (CITY HALL EXTERIOR STORM DRAIN IMPROVEMENTS) AND APPROVE 1 ST AND FINAL PAY REQUEST TO KOKESH LANDSCAPING IN THE AMOUNT $2,126.00 REQUESTED ACTION Staff is recommending that the Council accept this part of Improvement Project 661 and approve final payment to Kokesh Landscaping in the amount of $2,126.00. All appropriate paperwork has been received by the City in order to close out this project. BACKGROUND This portion of the project involved the trees, bushes, and mulch installed in the fall. Additional landscaping will be installed in the spring but not under this contract. FUNDING The final total for this portion of this project is $2,126.00. Funding has come from surplus CIP. ATTACHMENTS Bonestroo letter recommending final payment is attached. TO: i R B - onestroo Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Principals. Otto G. Bonestroo, P.E. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, P.E. j I Rosene Glenn R. Cook, P.E. • Robert G. Schunicht, RE. • Jerry A. Bourdon, PE. Robert W. Rosene, PE., Richard E. Turner, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants Ander Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon. PE. • Robert R. Pfefferle, P.E. Richard W. Foster, P.E. • David O. Loskota, P.E. • Robert C. Russek, AIA, • Mark A. Hanson, P.E. Associa Associates a CC..J te Michael T. Rautmann, PE. • Ted K.Field, P.E. • Kenneth P. Anderson, PE. • Mark R. Rolfs, PE. Sidney P Williamson, RE, L.S. • Robert F Kotsmith • Agnes M. Ring • Allan Rick Schmidt, P.E. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Engineers & Architects Website: www.bonestroo.com December 28, 1999 Ms. Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 i Re: City Hall Exterior Drainage Improvements City Project No. 661 Our File No. 34 -99 -108 Dear Shari: Most of the work is completed for the City Hall Exterior Drainage Improvements. Additional landscaping will be completed in the spring. The work consisted of 4 contracts. The works was completed as follows: Contract Contract Amount Final Amount 1. Storm Sewer $7,560 $8,210.00 Install storm sewer Repair Police parking lot 2. Grading and Tile $15,765 $14,788.65 Remove existing landscaping Install drain tile and inlets Finish Grading 3. Waterproofing $3,000 $2,750.00 Install waterproofing on exterior of foundation Subtotal $26,325 $25,748.65 4. Landscaping $4,165 Trees, bushes, mulch in fall $2,126 Additional landscaping in the spring $2,000 (Final amount to be based on quotes) Project Totals $30,490 $29,874.65 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651-636 -4600 ■ Fax: 651-636-1311 After the landscaping is completed in the spring, the overall cost of the project will be approximately- 2% lower than the approved amount. However, the original Grading and Tile contract included the replacement of sidewalk panels along Xylon Avenue. This work could not be completed in a timely manner and therefore was not completed nor paid. If required, this work can be completed in spring by the contractors working on the Pool Concession Building. The estimated value of this work is approximately $1,000. It is recommended that the following final payments be approved: Contract Contractor Final Amount Storm Sewer Minncomm $8,210.00 Waterproofing Brent Anderson $2,750.00 Fall Landscaping Kokesh Landscaping $2,126.00 It is further recommended that a partial payment in the amount of $14,788.65 be made to Dave Perkins Contracting for the Tile and Grading work. Final payment will be made in the spring after the sod has passed the warranty period. All signed final and partial pay requests are attached. IC -134 forms are also attached for the three contracts to be finaled. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top cc: Guy Johnson Tom Schuster Mark Hanson f /r r Bonestroo Rosene Owner: City of New Hope 4401 X Ion Ave N New Hope MN 55428 -4898 Date: October 21, 1999 For Period: August 31, 1999 to October 21, 1999 Request No: 1 /Final Anderlik & Associates Engineers &Architects Contractor: Kokesh Landscaping 3225 Shores Blvd Wayzata MN 55391 REQUEST FOR PAYMENT CITY HALL LANDSCAPING IMPROVEMENTS BRA FILE NO. 34 -99 -108 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated Damages 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. mfW n Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ,e Approved by Contractor: KOKESH LANDSCAPIN Specified Contract Completion Date: $ 2,126.00 $ 2,126.00 $ 2,126.00 $ 2,126.00 $ 0.00 $ 2,126.00 $ 0.00 $ 2,126.00 Date: requestl -landscaper M Base Bid 1 River Burch 2 Red Splendor Crab 3 Rugosa Rose 4 Miss Kim Lilac 5 Skandia Juniper 6 Shredded Bark Total Base Bid Item Total Base Bid Total Work Completed to Date $2,126.00 $2,126.00 $2,126.00 requestl - landscaper Contract Unit Quantity Amount Unit Quantity Price to Date to Date EA 3 $170.00 3 $510.00 EA 3 $64.00 3 $192.00 EA 4 $32.00 4 $128.00 EA 13 $28.00 13 $364.00 EA 8 $26.50 8 $212.00 CY 20 $40.00 18 $720.00 $2,126.00 $2,126.00 $2,126.00 requestl - landscaper PROJECT PAYMENT STATUS OWNER City of New Hope 4401 Xylon Ave N New Hope MN 55428 -4898 BRA FILE NO. 34 -99 -108 CONTRACTOR Kokesh Landscaping 3225 Shores Blvd Wayzata MN 55391 CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 08/31/99 1 10/21/99 2,126.00 1 1 2,126.00 Material on Hand Total Payment to Date $2,126.00 Original Contract $2,126.00 Retaina a Pay No 1 /Final Chan a Orders Total Amount Earned $2,126.00 Revised Contract $2,126.00 requestl - landscaper Company name Minnesota to number Address ;ZF-'10 70 3 ,2 2 57 Sh Month/year work began city StateXV. Zip Code 1<5V/ Month/yea, work ended Total contract amount: Telephone number Amount All due: Did you have employees work on this project? — Project number: W 0 If none, explain who did the work: Project location: / Y,,IOAI AtI A A.4, 11t.41 El Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: [] Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC-1 34. (if you need more space, attach a separate sheet.) Business name Addr ss Owner/Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency�._ � � Address � For certification, mail to: Minnesota Department o/ Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146 Certif of Compliance with Minnesota Income Tax Withholding Low Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed 1hi certificate has fulfilled all the requirements of Minnesota Statutes 2SO.S2 and 20O.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Signature of a izeVepartlof R ff, I I so 'ca z Dat k 04 COUNCIL Originating Department Parks & Recreation Shari French 6.14 MOTION TO ACCEPT IMPROVEMENT PROJECT NO. 661 (CITY HALL EXTERIOR STORM DRAIN IMPROVEMENTS) AND APPROVE FINAL PAY REQUEST TO DAVE PERKINS CONTRACTING IN THE AMOUNT $778.35 REQUESTED ACTION Staff is recommending that the Council accept this last part of Improvement Project 661 and approve final payment to Dave Perkins Contracting in the amount of $778.35. The City has received all appropriate paperwork in order to close out this project. BACKGROUND Four contractors were involved with the project. This is the final contract to final out. FUNDING Funding has come from surplus CIP. ATTACHMENTS Bonestroo letter recommending final payment is attached. MOTION BY SECOND BY TO � Z4 WAJI : 1 11 IP • Approved for Agenda Agenda Section June 26, 2000 Consent Item No. I:RFA\P&R\ Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, F.E. - Marvin L. Sorvala,, RE.. Glenn h. Cook, RE. Robert G. Schunicht, P.E. • Jsrry A. Bourdnii, P.E. Senior Consultants: Robert W Rosene, P.E. - Joseph C. Anderlik, P.E. • Richerd E, Turncr, RE. Susan M. Eberlin, C.P.A. Associate Principals: Howard A. Sanford, P.E. - Keith A. Gordon, RE. = Robert R. Piefferle, P.E. Richard W Foster, PE. - David O. Loskott„ PE. • Robert C. Russek, A.I.A. - Mark A. Hanson, RE. Michael T. Rautmann, P.E. • Ted K.Fieid, R.E. • Kenneth P. Anderson, P.E. ® Mark R. Roifs, P.E. David A. Bonestroo, M.B.A. - Sidney P Williarnson, RE., L.S. - Agncs M. Ring, M.B.A. • All�m Rick Schin;dt, RE. Offices: St. Paul, St. Cloud, Rochester and Willmar, h ?N + MiivvauiGee, VVI Website: xkvw.bonestroc.com June 12, 2000 Shari French City of New Hope 4401 Xylon Ave. North New Hope, MN 55428 Re: City Hall — Exterior Drainage Improvements City Project No.. 661 BRA File No. 34 -99 -108 Dear Shari: All work required as part of the City Hall Drainage Improvements was completed last fall. The system appears to be operating correctly and all restoration is complete. The City has held 5% retainage on the contract through the winter and spring. We recommend making final payment at this time. The original contract was in the amount of $15,765.00. The final contract amount will be $15,567.00 after the final payment of $778.35 is made. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top cc: Guy Johnson Tom Schuster Mark Hanson 2335 West Highway 36 a St. Paul, MN 55713 a 651- 636 -4600 z Fax: 651-636 -1311 Bonestro Rosene Owner: City of New Hope, 4401 X ion Ave N., New Hope MN 55428 -4898 Date: June 13, 2000 Anderlik & For Period: October 22, 1999 to June 13, 2000 Request No: 2 /Final Associates Engineers S Architects Contractor: Dave Perkins Contracting, 14230 Basalt St NW, Ramsey, MN 55303 REQUEST FOR PAYMENT CITY HALL EXTERIOR DRAIN TILE IMPROVEMENTS BRA FILE NO. 34 -99 -108 CITY PROJECT NO. 661 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated Damages 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. l Approved by Contractor: DAV KINS NTRA G Specified Contract Completion Date: 2 /Final $ 15,765.00 $ 15,765.00 $ 15,567.00 $ 15,567.00 $ 0.00 $ 15,567.00 $ 14,788.65 $ 778.35 Date: request2 Total Base Bid $15,567.00 Total Work Completed to Date $15,567.00 request2 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date Base Bid 1 8 -inch Perforated PVC, SDR 35, w/ sock LF 125 $30.00 125 $3,750.00 2 8 -inch Catchment including EA 6 $150.00 9 $1,350.00 8 -inch, solid wall, PVC, SDR 35 Casting and Fittings 3 8 -inch Clean Out w/Threaded Cap EA 1 $95.00 1 $95.00 4 Yard Drain w/ Casting EA 2 $1,400.00 2 $2,800.00 5 Clear Trees EA 2 $250.00 $0.00 6 Grub Stumps EA 3 $250.00 4 $1,000.00 7 Clear and Grub Existing Plantings LS 1 $500.00 1 $500.00 8 Select Granular Borrow CY 70 $16.00 96 $1,536.00 9 Site Grading and Final Shaping LS 1 $1,800.00 1 $1,800.00 10 Topsoil Borrow CY 40 $15.00 78 $1,170.00 11 Sodding SY 600 $3.00 522 $1,566.00 12 Remove Concrete Sidewalk SF 50 $3.00 $0.00 13 4 -inch thick Concrete Sidewalk SF 50 $4.00 $0.00 14 Remove Concrete Curb and Gutter LF 20 $10.00 $0.00 15 B618 Concrete Curb and Gutter LF 20 $30.00 $0.00 Total Base Bid $15,567.00 Total Base Bid $15,567.00 Total Work Completed to Date $15,567.00 request2 PROJECT PAYMENT STATUS OWNER City of New Hope, 4401 Xylon Ave N., New Hope MN 55428 -4898 CITY PROJECT NO. 661 BRA FILE NO. 34 -99 -108 CONTRACTOR Dave Perkins Contracting, 14230 Basalt St NW, Ramsey, MN 55303 CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainaqe Completed 1 08/31/99 1 10/21/99 14,788.65 778.35 15.567.00 1 10/22/99 1 06/13/00 778.35 Revised Contract 15.567.00 Material on Hand Total Payment to Date $15,567.00 Original Contract $15,765.00 Retaina e Pay No. 2 /Final Change Orders Total Amount Earned $15,567.00 Revised Contract $15,765.00 request2 Form Minnesota Department of Revenue I 89 W ithholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Minnesota ID number Address pave Perkins Contracting I nc. Month /year work began 1 4230 B a s alt St. N.W. city Ratnst A*65303 zip Code Month €year work ended Total contract amount: ' Telephone number ((O12- ) 44 - 7 - 01cA Did you have employees work on this project If none, explain who did the work: j6 k51"7(p❑5, ap Amount still due: r Project number. Project location: Project owner: (AV 6V NOV Hh Address 440 - 414 i\j-km ion P. cAycme, ( Ind r� rn n4 Check the box that describes your involvement in the project and fill in ah information requested in that category: ❑ Sole contractor ❑ Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC -134. (If you need more space, attach a separate sheet.) Business name Addres - s � Owner /Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency. Contractor's signature Title Date T?(C(; C- I o..8 -qq For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Signature of authorized Department of Revenue official Date /B' ?' „ Form Minnesota Department of Revenue IC -1 Rev. 9/89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name Minnesota to number 3S) Address Monthlyear work began shn-c"s &Lrk- OCA-- C61 city state Zip Code Month /year work ended C� Total contract amount: Roo Telephone number Amount still due: (4(2,,y L4 - 73 - L4157 Did you have employees work on this project? Project number: If none, explain who did the work: Project location: Project owner: Address 4,4 Check the box that describes your involvement in the project and fill in all information requested in that category: V ' Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: &kfaew� 1.42 ❑ Prime Contractor If you subcontracted out any work on this project, aH�O—Y our �� must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.) Business name Address Owner/Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency Contractor's signature Title Date eo�t� L� It ovvac�r For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Signature of authorized Department of Re Date r 9 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 September 17, 1999 Mr. Dan Wiedner MinnComrn 1949 Shady Acres Lane Mora, MN 55051 City Hall: 612 -531 -5100 Police: 612 -531 -5170 Public Works: 612- 533 -4823 TOD: 612 - 531 -5109 SUBJECT: CITY HALL DRAIN TILE /LANDSCAPING (IMPROVEMENT PROJECT NO. 661) City Hall Fax: 612- 531 -5136 Police Fax: 612 -531 -5174 Public Works Fax: 612.533 -7650 Fire Dept. Fax: 612- 531 -5175 Enclosed is a fully executed copy of the contract documents for New Hope Project No. 661 for $7,560. This contract was awarded by the New Hope City Council on September 13, 1999. 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. Sincerely, Valerie Leone City Clerk, CIVIC enc. cc: Mark Hanson, City Engineer (File No. 34 -99 -108) Steve Sondrall, City Attorney (File No. 99.10,030) Shari French, Director of Parks & Recreation Tom Schuster, Contract Manager Family Styled City For Family Living 1 • GORDON L. JENSEN* WILLIAM G. SWANSON STEVEN A.SONDRALL MARTIN P. MALECHA C. ALDEN PEARSONt DEAN A.TRONGARDt JULIE A. THILL OF COUNSEL LORENS Q.BRYNESTAD *Real Property Law Specialist Certified By The Minnesota State Bar Association }Qualified ADR Neutral Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 554434999 TELEPHONE (612) 424 -8811 • TELEFAx (612) 493 -5193 E -MAIL jss @jsspa.com September 16, 1999 Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: City Hall Storm Drain Improvements Our File No. 99.10,030 Dear Valerie: Enclosed please find the contract and bonds for the above - referenced project, as well as a fax copy of the certificate of insurance. All are in order from a legal standpoint, except that the Contractor must initial the Contract in the two places indicated, and have his signature notarized before beginning construction. D an and Peter will also need to initial in those two places, as well as sign the Contract. You should be receiving the original of the Certificate of Insurance by mail. It may be to my attention addressed at the City. If you have not received it by early next week, please contact me. Be sure to call me if you have any questions. Sincerely, Martin P. Malecha Assistant City Attorney cc: Daniel J. Donahue, City Manager Kirk McDonald, Director of Community Development Tom Schuster, Contract Manager Mark Hanson, City Engineer Steven A. Sondrall, City Attorney L%X CITY OF NEW HOPE CONTRACT FOR CITY HALL STORM DRAIN IMPROVEMENTS w, For valuable consideration as set forth below, this contract dated the day of 5' , 199 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 Exhibit A (request for proposal). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $ S-bQ °CF dollars, payable in accordance with the payment terms of the City of New Hope Ins ruction 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 day of - , 199. Total amount of this contract shall not exceed tt 4 fLL 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the t�� day of a , 199a (hereinafter "Completion Date "). 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 504 -Gen Basic Contract Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the 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. This 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. 34- Gen -Basic Contract Contract Page 3 9. NOTICE The address and telephone number of the Contractor for urposes of giving notices and any other purpose under this contract shall be 27'.°"TT r The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New . op , MN 55428. The contact person for this contract is 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 M LM UNDERt3ROVNb , C , VTlLJTY CONSTRVCTION 1949 Shady Acres Lane Mora, MN 55051 By Its Represen tive X)ft t,; lad —1A i 34- Gen -Basic Contract Contract Page 4 STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this /; day of h . a",..- , 199 , by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE J. LEONE NOTARY PUBLIC - MINNESOTA My Commission Expires Notary Public January 31, 2000 STATE OF MINNESOTA )SS. COUNTY OF HENNEPIN ) The foregoing was acknowledged before m , 1991, by _ ba ii on this day of on behalf of 'LZ"4 c_ Notao Public r 34 -Gen -Basic Contract %W J Western Surety Company • • Bond Number: 224 55252 KNOW ALL PERSONS BY THESE PRESENTS, That we M inncomm Utility Construction Co X31 1949 Shady Acres Lane Mora, MN 55051 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of New Hope of _ New Hope MN , hereinafter referred to as the Obligee, in the sum of Seven Thousand Five Hundred sixty and 00/100 Dollars ($ 7, 560 - 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 2nd day of September 1999 ,for City Hall Storm Drain Improvements NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 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 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. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 13th day of September 1999 G- 146678 -C Minncomm Utility Construction Co. (Principal) By p 1 _ (Seal) Western $ Zbmpany (Surety) (Seal) Ronal ,, Grun son Attorney-in -Fact Vz 'd � I9I 'ON MISM /M MMI 6661 '� I 'dSS W Western Surety Company • r Bond Number: 22455252 KNOW ALL PERSONS BY THESE PRESENTS, That we Minncomm Utility Construction Co of 1949 Shady Acres Lane, Mora, MN 55051 hereinafter referred to as the Principal, and — western Surety company as Surety, are held and firmly bound unto city of New Hope of hereinafter referred to as the Obligee, in the sum of Seven Thousand Five Hundred Sixty and 00/100 Dollars ($ 560.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 2nd day of september , 199 ,for City Hall Storm Drain Improvements copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this fond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 13th day of September , 1999 . Minncomm Utility Construction Co. rincipal) By t _ (Seal) Western Surety Ccmiany G- 105579 -B (Surety) BC r (Seal) Ronald I. Gr dyson Attorney -in -Fact VC 'd 119I 'OIL[ NHISDAIVS] PP : 0I 6661 '£l '82S Bond No, 22455252 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Fails, South Dakota (the "Company "), does by these presents make, constitute and appoint Ronald T. ,run dyson its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for Principal: Minncomm Utility Construction Co. Obligee: City of New Hope Amount: $7,560.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shalt expire and terminate, without notice, unless used before midnight of January 3 1 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its President, Stephen T. Pate, and its trate *Wq gaffixedthis 13th day of __ September 1999 WESTERN SURETY ^ COM NY Stephen T, Pate, President A On this 13th day of S e , in the year 1999 , before me, a notary public, personally appeared Stephen T. Pate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. J. MOHR t 4M4h�w*riWMggoMMNMMWeb} 'y�/} ®�f /y NOTARY PU13LIC No tary SOUTH DAKOTA 60 ry Public • South Dakota S My Commiskon Expires 10.22.2006 # bM,+�,MM1�4Ma�Mrh} I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 13th day of September 1999 WESTERPT SURETY COM NY Form F5308 Stephen T. Pate, President V d I l91 NHIS310sa 06�; 01 6661 O l ' d as FROM : CENTRAL INSURANCE SERVICES PHONE NO. : 320 396 4414 Sep. 15 1999 02 :38PM P1 A E, 't �i�/`l:rMpN7l4 D 1✓.tR tE/�i:� ° ., 09/15/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFI�kS NO P)GHTS UPON THE CER7'IRCA7E Central Insurance Services HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 117 W. Central Dr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 13raham MN 55006 COMPANIES AFFORDING COVERAGE COMPANY A Western National Mutual . .... — COMPANY Ronald Z - GrUn Pr,onsNp- 320 - 396 -3304 Fax No.320- 396 -4414 INSURED B Minncoit¢tt Utility Constructi COMPANY Co. C 1949 Shadey Acre Lane Mara MN 55051 COMPANY D TM IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINC 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 r)FSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/RP/YY) DATE (MM /DD/YY) GENERALLIABILITY GENgRALAGGRFGATF $ 2000000 8. X COMMERCIAL OUNERALLIABILITY CF300000743 l 08108199 01/01/00 PRODUCYS- COMP /OP $ 2000000 —� CLAIMS MADE ❑X OCCUR $10 PERSONAL R ADV INJURY EACH OCCURRF,NC6 $1000000 X OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $100000 MED EX? (Any one person) 1 $ 5 000 A AUTOMOBILE X LIABILITY ANY AUTO CA300000833 08/08/99 01/01/00 COMBINED SINGLE LIMIT $ 1000000 _ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ -- -._ ... .. .........-- °-- I GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN AUTO ONLY, ANY AUTO EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ 2000000 A X UMGRELLAFORM CU300000357 08/08/99 01/01/00 $ � rl OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY T STAT T OED '� EL EAC ACCIDENT $500 00 0 A THE PROPRIETOR/ (• INCL PARTNERS/EXECUTIVE° OFFICERS ARE: EXCL 022339497 08/0$/99 01 /01/00 EL DISEASE - POLICY LIMIT S 500000 EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTSON OF OPERATIONSILOCATIONSNEHICLeWSPECIAL ITEMS ........ ...'t.?.Ak�? CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL !F;I;, MAIL C ity of New Hope Marty 4401 Xylon Ave. No- 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO YHE LEFT, e New Hope MN 55428 AUTHORIXED REPRESENTATIV Ronald I. Grund cn R T.ION YS88 ; 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 October 4, 1999 Dave Perkins Contracting Inc. 14230 Basalt St. NW Ramsey, MN 55303 City Hall. 612 -531 -5100 Police: 612 -531 -5170 Public Works: 612 - 533 -4823 TDD: 612.531 -5109 SUBJECT: CITY HALL DRAIN TILE /LANDSCAPING (IMPROVEMENT PROJECT NO. 661) City Hall Fax: 612- 531 -5136 Police Fax. 612 - 531 -5174 Public Works Fax: 612 - 533 -7650 Fire Dept. Fax. 612 - 531 -5175 Enclosed is a fully executed copy of the contract documents for New Hope Project No. 661 for $15,765. This contract was awarded by the New Hope City Council on September 13, 1999. 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. Sincerely, i ky Valerie Leone City Clerk, CMC enc. cc: Mark Hanson, City Engineer (File No. 34 -99 -108) Steve Sondrall, City Attorney (File No. 99.10,030) Shari French, Director of Parks & Recreation Tom Schuster, Contract Manager Family Styled City For Family living CITY OF NEW HOPE CONTRACT FOR CITY HALL DRAIN TILE IMPROVEMENTS For valuable consideration as set forth below, this contract dated the day of , 1 999 , is made and signed by the City of New Hope (hereinafter "City") and alt- i4a—a (_ Wit. 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 Exhibit A (request for proposal). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $ 1!�� -7&5. 9 dollars, payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of 100 per day for every calendar day that the contract remains uncompleted beyond the _ ay of � , 19 . Total amount of this contract shall not exceed 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the � day of ' . 199q (hereinafter "Completion Date "). 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 504 -Gen Basic Contract Contract 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. This 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. 34- Gen -Basic Contract Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be 14230 l 0FF 427 F -427-3 O (v The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is V i nccni:- �T . VanCl�xTr� 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 # I Dave Perkins Contracting Inc. 14230 Basalt St. N.W. Ramsey, MN 55303 B A� - Its Representative 34- Gen -Basic Contract Contract Page 4 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN The foregoing was acknoMedged before me this "v" . day of 199�L, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manage(, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE J. LEONE NOTARY PUBLIC - MINNESOTA My Commisslon Expires January 31, 2000 Notary Public STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN The foregoing was acknowledge before me .1999, by WV('J of TYh -4-IdHz� £n day of on behalf of E ` `' " ��; , -11i .' TAM MY MARIE PERKINS �T)k'3Y PUBLIC - MINNESOTA on ExpiTes Jan. 31,2005 *-, I IkAl - n.11 Notary Public U 34-Gen-Basic Contract 'W INDEMNITY CORPORATION 4610 Univer.vitr Are.. P.O. Bo.v 5900 Mudison,W153705 -0900 Phase: (608) 231 -4450 Bond No. C 749798 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: g, Inc. (Name and Address of the Contractor) v. MN. 55303 as Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, f are held and firmly bound unto Citv of New Hope (Name and Address of the Owner) 4401 Xvlon Avenue, New Hope, Mn. 55428 as Obligee, hercinaftercalled Owner, in the amountof Fifteen Thousand Seven Hundred Sixty Five and No/100 Dollars (s $15,765.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated September 14, 1999 entered into a contract with Owner for City Hall Drain Tile Improvements in accordance with drawings and specifications prepared by City of New Hope (Full name of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully per- form said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price ", as used in this paragraph, shall mean the total amount payable by Owner to Conractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and sealed this 14th day of September A.D. 19 99 Dave Pakins Co actin In c/ (SEAL) Witness'' — (SEAL) (Principal) Witness C1C -C -4 Q 6-- D r o oAw INDEMNITY CORPORATION 4610 UnivevvityAve- P.O. B(i.r 5900 Madi.son,W153705 -0900 Phone: (608) 231 -4450 LABOR AND MATERIAL PAYMENT BOND Bond No. C 749798 KNOW ALL MEN BY THESE PRESENTS: That Dave Perkins Co ntracti ng, l nc. (Name and address of the Contractor) 14230 Basalt St.. Ramsev. MN. 55303 as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope (Name and address of the Owner) 4401 Xylon Avenue, New Hope, Mn. 55428 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Fifteen Thousand Seven Hundred ixty e and No /100 Dollars ($ $15,765.00 ) (Insert a sum equal to at least one -half of the contract price for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated September 14, 1999 entered into a contract with Owner for City Hall Drain Tile Improvements in accordance with drawings and specifications prepared by City of New Hope (Full name and address of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE; THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in Full force and effect, subject, however, to the con- ditions outlined on the reverse side of this bond: Signed and sealed this 14th day of September A D 19 99 Dave Pe*ills Contr Inc. (SEAL) Witness (SEAL) (Principal) Witness (SEAL) CIC- C- 418- 81)(2/90) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF On the 14th day of September 19 99 , before me personally appeared , a n to me, who being duly sworn, did depose and say: that s /he resides in that s /he is the of the Dave Perkins eontracting, Inc. 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; and that s/he signed her /his name thereto by like order. .... TAMMY MARIE (SEAL) v o, NOTARY' PUBLIC - MINNESOTA My C,onimi;sion Expires Jan. 31, 2005 . ' _amp ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF RAMSEY On the 14th day of September 19 99 before me personally appeared, M. A. Jones to me known, who being duly sworn, did say: that s /he resides in the City of St. Paul, MN that s /he is the aforesaid officer or attorney in fact of Capitol Indemnity Corporation 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) Notary Public ,.,r n . nnr ,�.A,,,,Nj art ^r }n 1 jqci .......J"" 3r 1* 7 Jr{ Vq� INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 - FAX (608) 231-2029 COMPANIES AFFORDING COVERAGE _ ................_......_........_......................._.............. ._............._....._......... COMPANY Transportation Insurance Co. A COMPANY Transcontinental Insurance Co B ................................_....._._......._.........._.........._...._......._. ........_.........._........... _. COMPANY C . ......... _............... ........... ........................ ._._..._..__. .........__.._................. COMPANY D 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ ........ ......... . ......... ............. _...._ .......... .........._. ...._......................_ .. ........ _ ......__. _......... _..._......__._.._..__. ............_._ ..........._..... CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE `POLICY EXPIRATION.: LIMITS LTR DATE (MM /DD/YY) DATE (MMIDDIYY) GENERAL LIABILI GENERALAGGREGATE $ 1 000 000 -ity Hall Drain Tile Improvements. City of New Hope 4401 Xylon Ave. New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXWWA)PW MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 915C4tNPr�hPR�t RAP, �F' 9( AY�ChT�( A (�NR�CS��C�Pf�4�€R�k9ct)t✓1€�(X X X X X X X Nan 011iq /OLLIG X ?COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OPAGG $ , , ..................... 1,000,000 CLAIMS MADE X : OCCUR ; PERSONAL & ADV INJURY $ A - C01077062311 04/30/1999 04/30/2000 ......:..........1,000 .. OWNER'S &CONTRACTOR'S PROT : EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) ................ .....................:..................................... $ 100,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ; ANY AUTO 500,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A - BUA1077062325 04/30/1999 !04/30/2000 - .. -- ...... - " X HIRED AUTOS BODILY INJURY X ; NON -OWNED AUTOS (Per accident) $ .......! _ .................... ............................... PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT'. $ ......................................................... ............................... AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 2 ,000,000 ...... A X 'UMBRELLA FORM > UP1077062342 04/30/1999 04/30/2000 :AGGREGATE :................ ............................... $ _... _............_....._..__.. 2,000,000 OTHER THAN UMBRELLA FORM :Retention '$ 10,000 0 WORKERS COMPENSATION AND X : TOP.Y LIMITS ER , EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 100 000 B ... THE PROPRIETOR/ WC1077062339 04 30/1999 / 04/30/2000 - ...... "' PARTNERS /EXECUTIVE X WCL EL DISEASE - POLICY LIMIT $ 500,000 OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 100,000 OTHER Hired /Rented Equipment: $25,000 Limit; $500 Ded., ACV A 001077062311 04/30/1999 ;04/30/2000 -ity Hall Drain Tile Improvements. City of New Hope 4401 Xylon Ave. New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXWWA)PW MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 915C4tNPr�hPR�t RAP, �F' 9( AY�ChT�( A (�NR�CS��C�Pf�4�€R�k9ct)t✓1€�(X X X X X X X Nan 011iq /OLLIG RA GORDON L. JENSEN* WILLIAM G. SWANSON STEVEN A.SONDRALL MARTIN P. MALECHA C. ALDEN PEARSONt DEAN A.TRONGARDt JULIE A. TRILL OF COUNSEL LORENS Q.BRYNESTAD *Real Property Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1999 TELEPHONE (612) 424 -8811 • TELEFAx (612) 493 -5193 E -MAIL jss@jsspa.com September 21, 1999 Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: City Hall Drain Tile Improvements Our File No. 99.10,030 Dear Valerie: Enclosed please find the contract and two copies of the bonds for the above - referenced project, as well as a fax copy of the certificate of insurance. All are in order from a legal standpoint. The original of the bonds is marked as such, and should be retained by the City. You should be receiving the original of the Certificate of Insurance by mail. If you have not received it by the time you receive this letter, please contact me. Be sure to call me if you have any questions. Sincerely, N40"&, Martin P. Malecha Assistant City Attorney cc: Daniel J. Donahue, City Manager Kirk McDonald, Director of Community Development Tom Schuster, Contract Manager Mark Hanson, City Engineer Steven A. Sondrall, City Attorney 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 October 25, 1999 Mr. Mike Bayer, President Brent Anderson Associates 7610 Hwy. 65 NE Fridley, MN 55432 SUBJECT: IMPROVEMENT PROJECT NO. 661 Dear Mr. Bayer: City Hall: 612- 531 -5100 Police: 612 -531 -5170 Public Works: 612 -533 -4823 TDD: 612 -531 -5109 City Hall Fax: 612 - 531 -5136 Police Fax: 612 -531 -5174 Public Works Fax: 612- 533 -7650 Fire Dept. Fax: 612 -531 -5175 Enclosed is copy of the fully executed contract with the City of New Hope for the waterproofing installation at City Hall. V " 4 ". Also enclosed is an IC -134 for filing with the State of Minnesota. Please contact me if you have any questions. Sincerely, Valerie Leone, CMC City Clerk enc. cc: Vince Vander Top, BRAA Shari French, Director of Parks & Recreation Family Styled City A 1n � For Family Living Engineers. & Architects October 5, 1999 Mike Bayer Brent Anderson Associates, Inc. 7610 State Highway 65 N.E. Fridley, MN 55432 60nestr00, Rosene, Anderlik and Associates. Inc. is an Affirmative Actiowquaf Opportunity Employer Principals: Otto G. Bonestroo, P.E. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, PE. Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Robert W. Rosene, PE., Richard E. Turner, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon, P.E. • Robert R. Pfefferle, P.E. Richard W. Foster, P.E.. David O. Loskota, P.E. • Robert C. Russek, A.IA.. Mark A. Hanson, RE Michael T. Rautmann, P.E. • Ted K.Field, P.E. • Kenneth P. Anderson, P.E.. Mark R. Rolf s, RE Sidney P. Williamson, RE., L.S. • Robert F. Kotsmith •Agnes M. Ring . Altan Rick Schmidt, RE Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Website: www.bonestroo.com Re: New Hope City Hall Waterproofing Improvements City Project No. 661 BRA File No. 34 -99 -108 Dear Mike: All waterproofing work required for this project is complete; however, we still require a contract be established between the City and Brent Anderson Associates, Inc. Your company was allowed to proceed with the work prior to a contract such that work could be coordinated with other contractors and completed in a timely fashion. According to item 13 in the Special Provision of the bid package, the Contractor is required to enter into a Contract and also provide a performance bond and insurance. We only require that the contract be signed and submitted to the City as the work is already complete. The performance bond and insurance are not required. Because you are no longer required to submit a performance bond, the cost of obtaining this bond will be deducted from the final payment. A copy of the contract was included in the original bid package, Attached to this letter find an additional copy of the bid package including the contract and your quote. The contract has been partially completed. Please sign the contract and return it to my attention. Final payment will be made after receipt of the contract. If you have questions, please call me at 651 -604 -4790. Sincerely, BONESTROO, ROSENE, ANDERL,IK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. attachment cc: Shari French, City of New Hope Tom Schuster, City of New Hope Valerie .Leone, City of New Hope Mark Hanson, Bonestroo, Rosene, Anderlik & Assoc. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651 - 636-4600 ® Fax: 651- 636 -1311 CITY OF NEW HOPE CONTRACT FOR CITY HALL WATERPROOFING IMPROVEMENTS For valuable consideration asset forth below, this contract dated the r3 day of 5� , 1999 is made and signed by the City of New Hope (hereinafter "City") and Jjcen1- IN er%oo �4sscu5. 5� • (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 aff ect or modify any of the terms or obligations contained in this Contract. The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in Exhibit A (request for proposal). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $ 3, DCO °B dollars, payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 8 day of Oc-k - , 1999 . Total amount of this contract shall not exceed . 3, 0oo 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the g�� day of Oct 199 c 4 (hereinafter "Completion Date "). 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 504 -Gen Basic Contract Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the 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. This 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. 34- Gen -Basic Contract Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be 7610 Huly 65 NF "Fri MN 55432 612- 784 -8 364 The address of the City for purposes of giving notices and any other purpose under this contract'shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is _�ihcen� �a.ncae.� lop. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. lent 34 -Gen -Basic Contract