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Imp. Proj. #593
COUNCIL Originating Department Approved for Agenda Agenda Section Development & Parks and Recreation 6/9/9 Planning Shari French Item No. By: By: 8.7 1 RESOLUTION AWARDING CONTRACT FOR TENNIS COURT IMPROVEMENTS FOR SUNNY HOLLOW SCHOOL PARK (IMPROVEMENT PROJECT NO. 593) TO BITUMINOUS ROADWAYS Bids were opened on Wednesday, June 4th and have been evaluated by the engineers for tennis court improvements for Sunny Hollow School Park (Improvement Project 593). The Engineer's letter regarding bid evaluations is attached. Plans and specifications were approved at the May 12th Council meeting. The 1997 CIP contains $100,000 for this purchase. Contractor Base Bid Alternate Bid Bituminous Roadways 64,334.15 5,851.20 Frattalone Paving 69,723.50 5,602.80 Barber Construction 81,454.86 3,864.00 Lan Dar 84,742.50 6,072.00 Alber Construction 88,240.20 6,072.00 DMJ Corporation 88,290.40 6,072.00 Dermco Construction 95,480.53 4,642.32 The alternate bid is for a vinyl fence coating. Staff recommends award to the low bidder without the alternate. Review: Administration: Finance: 1f I CITY OF NEW HOPE RESOLUTION NO. 97- 105 RESOLUTION AWARDING CONTRACT FOR TENNIS COURT IMPROVEMENTS FOR SUNNY HOLLOW SCHOOL PARK (IMPROVEMENT PROJECT NO. 593) TO BITUMINOUS ROADWAYS WHEREAS, pursuant to advertisement for bids for tennis court improvements for Sunny Hollow School Park, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Base Bid Alternate Bid Bituminous Roadways 64,334.15 5,851.20 Frattalone Paving 69,723.50 5,602.80 Barber Construction 81,454.86 3,864.00 Lan Dar 84,742.50 6,072.00 Alber Construction 88,240.20 6,072.00 DMJ Corporation 88,290.40 6,072.00 Dermco Construction 95,480.53 4,642.32 WHEREAS, it appears that Bituminous Roadways is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota: the Mayor and City Manager are hereby authorized and directed to enter into a contract with Bituminous Roadways in the name of the City of New Hope for Tennis Court Improvements according to the plans and specifications for a total bid of $64,334.15 therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 9th day of June, 1997. -17 Attest: City Clerk Mayor Bonestroo, Rosene, Anderlik and Associates, Inc. is ..gin Affirmative Action /Equal Opportunity Employer Principals: Otto G. Bonestroo, P.E. • Joseph C. Anderlik, RE. • Marvin L. Sorvala, RE. Richard E. Turner, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, RE. Robert W. Rosene, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants June 5, 1997 Shari French City of New Hope 4401 Xylon Av N New Hope, MN 55428 Re: 1997 Court Improvements City Project No. 593 BRA File No. 34208 Dear Shari: Associate Principals. Howard A. Sanford, RE. • Keith A. Gordon, RE. • Robert R. Pfefferle, P.E. Richard W. Foster, RE. • David O. Loskota, RE. • Robert C. Russek, A.I.A. • Mark A. Hanson, R.E. Michael T. Rautmann, P.E. • Ted K.Field, R.E. • Kenneth R Anderson, RE. • Mark R. Rolfs, RE. Sidney R Williamson, RE., R.S. • Robert F Kotsmith Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Sunny Hollow Park Bids were opened for the project stated above on Wednesday, June 4, 1997. Transmitted herewith is a copy of the bid tabulation for your information and file. Copies will also be distributed to each bidder. The following summarizes the results of the seven bids received. Base Bid Contractor Low Bituminous Roadways, Inc. #2 Frattalone Paving, Inc. #3 Barber Construction Co., Inc. #4 LanDar, Inc. #5 Alber Asphalt, Inc. #6 DMJ Corporation #7 Dermco Construction Base Bid Alternate Bid Base Plus Alt. $64,334.35 $5,851.20 $70,185.55 $69,723.50 $5,602.80 $75,326.30 $81,454.86 $3,864.00 $85,318.86 $84,742.50 $6,072.00 $90,814.50 $88,240.20 $6,072.00 $94,312.20 $88,290.40 $6,072.00 $94,362.40 $95,480.53 $4,642.32 $100,122.85 The low bidder on the project was Bituminous Roadways, Inc. with a Base Bid of $64,334.35 and Alternate Bid of $5,851.20. The Alternate Bid adds PVC coating to the specified chain link fencing. This compares favorably with the engineer's estimate of $82,000 for the Base Bid. These bids have been reviewed and found to be in order. Bituminous Roadways, Inc. is capable of doing the work and has previously worked for the City of New Hope (1996 Seal Coat). Therefore, we recommend that the project be awarded to Bituminous Roadways, Inc.. A determination will have to be made whether to include the alternate. Should you have any questions, please feel free to call. My direct phone number is 604 -4838. MAH:pah:enc Cc: RDN, VTV, JKI 2335 West Highway 36 a St. Paul, MIDI 55113 ■ 612-636-4600 a Fax: 612 - 636-1311 Bones'troo Project Name 1997 Court Improvements: Sunny Hollow Park Rosene V ,gin .e Anderlik Project No. 593 File No. 34208 Associate rs&Architects Bid Opening 11:30 a.m., C.D.S.T., Wednesday, June 4, 1997 Owner City of New Hope Bid No.1 Bituminous Roadways, I No. Item Unit 1 1 55 2,142 552 2,142 765 2 10( 62( 5( Unit Price 6,300.00 1,500.00 11.50 BID TABULATION Tabulation of Five Low Bids of Seven Received Bid No. 2 Bid No. 3 Frattalone Barber nc. Paying, Inc. Construction Unit Unit Total Price Total Price 6,300.00 13,000.00 13,000.00 6,971.00 1,500.00 3,000.00 3,000.00 6,000.00 632.50 10.00 550.00 33.00 21,634.20 11.50 24,633.00 14.33 11,316.00 20.50 11,316.00 21.00 3,641.40 2.25 4,819.50 3.00 9,830.25 7.00 5,355.00 10.00 1,800.00 630.00 1,890.00 791.00 800.00 4.00 400.00 10.00 2,480.00 3.00 1,860.00 3.50 200.00 8.00 400.00 3.00 2,100.00 7.00 2,100.00 13.71 2,100.00 400.00 400.00 500.00 $64,334.35 $69,723.50 Base Bid 1 Demolish & remove ex. paving & fencing LS 2 Site grading and final shaping LS 3 Bituminous paving, incl. aggregate base SY 4 Court paving, incl. aggregate base, 1,100.00 granular, and bituminous paving SY 5 Chain link fencing including gates LF 6 Color coating & court line marking SY 7 Granular borrow CY 8 Tennis posts and net (set) EA 9 Topsoil borrow CY 10 Sod SY 11 Silt fence, installed maintained, and removed LF 12 4" draintile and piping, including excavation, 2,400.00 backfill, compaction, and washed drainage rock LF 13 Curb cut and new pedestrian ramp EA Total Base Bid Alternate #1 PVC coating on chain link fencing (only additional cost due to adding PVC coating to base bid chain link fencing) LF Firm Name Address City, State, Zip Phone Fax By Title 5% Bid Security Addenda Acknowledged 30( 1 552 10.10 20.50 1.70 12.85 600.00 8.00 4.00 4.00 7.00 2,100.00 10.60 5,851.20 Bituminous Roadways, Inc. 2825 Cedar Av S Minneapolis MN 55407 612.721.2451 612.721.6875 Tom Haller Vice President Bid Bond Yes, 1 10.15 5,602.80 Frattalone Paving, Inc. 3137 Country Drive St. Paul, MN 55117 612.484.0385 612.484.5327 Chad W. Nelson Vice President Bid Bond Yes, 1 Total 6,971.00 6,000.00 1,815.00 30,694.86 11,592.00 6,426.00 7,650.00 2,373.00 1,000.00 2,170.00 150.00 4,113.00 500.00 $81,454.86 7.00 3,864.00 Barber Construction Co. PO Box 5324 Hopkins, MN 55343 612.938.9607 612.930.0532 James M. Barber President Bid Bond Yes, 1 iereby certify that this is an exact product' n of ids � ceived Mark A P.E. Registration No. 14260 Bid No. 4 Bid No. 5 LanDar, Inc. Alber Inc. I I Asphalt, Inc. Unit Price Total 14,200.00 14,200.00 9,600.00 9,600.00 20.00 1,100.00 10.75 23,026.50 20.00 11,040.00 3.00 6,426.00 12.00 9,180.00 500.00 1,500.00 14.00 1,400.00 6.00 3,720.00 6.00 300.00 8.00 2,400.00 850.00 850.00 $84,742.50 Unit Price Total 23,500.00 1,800.00 23.00 11.50 19.55 2.30 14.60 450.00 12.00 4.00 4.00 13.75 800.00 11.00 6,072.00 LanDar, Inc. 4850 N Medicine Lake Dr Plymouth, MN 55442 612.559.0071 612.550.1165 Lanet D. Johnson President Bid Bond Yes, 1 23,500.00 1,800.00 1,265.00 24,633.00 10,791.60 4,926.60 11,169.00 1,350.00 1,200.00 2,480.00 200.00 4,125.00 800.00 $88,240.20 11.00 6,072.00 Alber Asphalt, Inc. PO Box 399 Rogers, MN 55374 612.428.8752 612.428.2245 Tim Alber President Bid Bond Yes, 1 16598.bt Bonestroo, Rosene, Anderlik and Associates, Inc, is an Affirmative Action /Equal Opportunity Employer Principals: Otto G. Bonestroo, PE. • Joseph C. Anderlik, P.E. • Marvin L. Sorvala, P.E. - Richard E. Turner, P.E. • Glenn R. Cook, PE. • Robert G. Schunicht, RE. • Jerry A. Bourdon, P.E. Robert W. Rosene, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals. Howard A. Sanford PE eith E q rt,J2. Pfefferie, RE. Richard W. Foster, PE. • David O. Loskota, P Robert - ,Russe I" son, PE. Michael T. Rautmann, P.E. • Ted K.Field PE. • neth dersk s, PE. Sidney P Williamson, P.E., R.S. • Robert F. Kotsm Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis MN 55407 Re: 1997 Court Improvements: Sunny Hollow Park File No. 34208 City Project No. 593 Dear Mr. Tom Haller: Enclosed are five (5) copies of the contract documents between you and the City of New above referenced project. Please have your bonding company complete pages 51 Conditions of the Contract. The insurance and indemnity requirements of pages 13, 14 provided. After the bonding company has completed the documents, forward them to below who will review them for the City of New Hope. Steven Sondrall Edinborough Executive Office Plaza 8525 Edinborough Crossing Ste 203 Brooklyn Park MN 55443 -1993 After the necessary officials have signed the contracts, please distribute as follows: Hope covering the through 61 of the 15, & 16 shall be the attorney listed 2 copies Bituminous Roadways, Inc. (one for your file, one for your bond company) 1 copy City of New Hope, Attn. Shari French 1 copy Bonestroo & Associates, Attn. Randy D. Neprash 1 copy Steven Sondrall, Atty. Upon receipt of a signed contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre - construction conference will be scheduled with you and City of New Hope to review the project. After the pre - construction conference, you will be issued a notice to proceed with the work as outlined in the plans and specifications. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Randy D. Neprash, P.E. pah Enclosures: 5 CC. Steven Sondrall, Atty. / Shari French, City of New Hope I:\contract \01 351- 61.doc 2335 West Highway 36 ■ St. Paul, MN 55113 612- 636-4600 a Fax: 612-636-1311 STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT* *APPROVED ADR NEUTRAL June 25, 1997 CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: 1997 Court Improvements Sunny Hollow Park Improvement No. 593 11� LEGAL ASSISTANT SHARON D. DERBY Enclosed are the Contracts and a facsimile of the insurance certificate for the above-captioned improvement, all of which have been reviewed and are in order from a legal standpoint. You should be receiving the original of the insurance certificate by June 27. If you do not, call me. Very truly yours, Martin P. Malecha Assistant City Attorney mm Enclosures cc: Mark Hanson Steven A. Sondrall 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 Bituminous Roadways, Inc. 2825 Cedar Ave. S. Minneapolis, MN 55407 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 SUBJECT: TENNIS COURT IMPROVEMENTS - SUNNY HOLLOW PARK (IMPROVEMENT PROJECT NO. 593) Enclosed are two fully executed copies of the contract documents for New Hope Project No. 593. One copy is for your records and the second copy should be transmitted to your bonding company. Contract documents are on file with our City Engineer and City Attorney. This contract was awarded by the New Hope City Council on June 9, 1997, for $64,334.15. Enclosed is return of your bid bond. 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, CMC enc. cc: City Engineer's Office - Attn Randy Neprash City Attorney Director of Public Works Director of Parks & Recreation Family Styled City I� For Family living COUNCIL # ,. • • Originating Department Public Works By: Jeannine Clancy 10 5 -26 -98 Agenda Section Consent Item No. 6.13 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH BITUMINOUS ROADWAYS, INC., IMPROVEMENT PROJECT 593, SUNNY HOLLOW PARK TENNIS COURTS Change Order No. 1 includes the following changes to the contract with Bituminous Roadways, Inc.: 1. Two inch bituminous mill and overlay at the intersection of 36' and Boone Avenues, including traffic control. This overlay is intended to maintain the road in an adequate condition until 36th Avenue is reconstructed in the Year 2000. 2. Sawcut and removal of the temporary patch and replacement of 6 inches of bituminous on 36 Avenue east of Winnetka Avenue, including traffic control. This area was the site of a watermain break this last winter. The detailed costs for this change order are attached. The total cost of the change order is $8,740.00. All work must be accomplished by June 8, 1998. Staff received two other quotes from contractors who have open contracts with the City. Allied Blacktop proposed $11,967.00 and Ryan Contracting proposed $14,050.00. Staff recommends approval of the resolution. MOTION • BY TO: Review: Administration: Approved for Agenda Finance: fI CITY OF NEW HOPE RESOLUTION NO. 98 -85 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH BITUMINOUS ROADWAYS IMPROVEMENT PROJECT 593 SUNNY HOLLOW PARK TENNIS COURTS; AUTHORIZING THE CITY MANAGER TO SIGN WHEREAS, the City has entered into a contract with Bituminous Roadways, Inc. for work at the Sunny Hollow Tennis Courts; and, WHEREAS, the City has requested that Bituminous Roadways submit a proposal for some milling and paving work at the intersection of 36 and Boone Avenues and on 36 Avenue just east of Winnetka Avenue; and, WHEREAS, the City has received a cost proposal from Bituminous Roadways and desires to have them complete the specified work thereby modify on the terms and conditions of their contract with the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves Change Order No. 1 in the amount of $8,740.00. 2. That the City Manager is authorized to sign Change Order No. 1 to the contract with Bituminous Roadways, Inc. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 26 day of May, 1998. somp Attest: City Clerk Pworks \Reso1utn \98 \543Co1 May 18 1998 City of New Hope Public Works 4401 Xylon Ave. N 55428 -4898 Attn: Ms. Jeannine Clancy Re: 36 Avenue/Boone Avenue Bituminous Mill /Overlay Our File No. 34208 City #593 Dear Jeannine, Attached are three quotes for the bituminous mill and overlay at the intersection of 36 Avenue/Boone Avenue and the bituminous repair on 36 Avenue east of Winnetka Avenue. The contractors listed were directed to give quotes as change orders under their existing contracts. The concept report for 36 Avenue outlined a need for minor bituminous repairs to improve the driveability of 36 Avenue until the City would choose to reconstruct the street. The following quotes reflect the repair of designated areas by City Staff. A summary of the three quotes not including the cost of striping are listed below. The quotes are listed without the striping costs because Ryan Contracting and Allied Blacktop have bid items for these quantities under their contracts and Ryan Contracting did not list costs for striping. After discussing this with City Staff it was decided that the City could stripe these locations or have Allied Blacktop stripe the areas at the bid unit price in the 1998 Seal Coat project. Contractor (Existing Contract) Ouotes Bituminous Roadways, Inc. (Sunny Hollow Tennis Courts, #593) $8,740 Allied Blacktop (1998 Seal Coat Project, #604) 11,967 Ryan Contracting Inc. (1997 Street Improvements /Area 2, #567) 14,050 2335 West Highway 36 w St. Paul, MN 55113 • 612 -636 -4600 a Fax: 612 - 636-1311 Bones t roo Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action!Equ, ?l Opportunity Employer - Principals. Otto G. Bonestroo, RE. • Joseph C. Anderlik, P.E. + Marvin L. Sorvala, PE. - Rosene Richard E. Turner, PE. • Glenn R. Cook, RE. + Robert G. Schunicht, P.E. + Jerry A. Bourdon, P.E. + Robert W. Rosene, P.E. and Susan M. Eberlin, C.PA., Senior Consultants An er'k & Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon, P.E. + Robert R. Pfefferle, RE. Richard W. Foster, P.E. • David O. Loskota, P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, BE. + A ssociates Michael T. Rautmann, P.E. • Ted K.Fieid, PE. • Kenneth R Anderson, PE. • Mark R. Rolfs, RE, Sidney P Williamson, RE., LS. • Robert F. Kotsmith + Agnes M. Ring • Michael P. Rau, P.E. Allan Rick Schmidt, P.E. Engineers & Architects Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milwaukee, WI Website: vvww.bonestroo.com May 18 1998 City of New Hope Public Works 4401 Xylon Ave. N 55428 -4898 Attn: Ms. Jeannine Clancy Re: 36 Avenue/Boone Avenue Bituminous Mill /Overlay Our File No. 34208 City #593 Dear Jeannine, Attached are three quotes for the bituminous mill and overlay at the intersection of 36 Avenue/Boone Avenue and the bituminous repair on 36 Avenue east of Winnetka Avenue. The contractors listed were directed to give quotes as change orders under their existing contracts. The concept report for 36 Avenue outlined a need for minor bituminous repairs to improve the driveability of 36 Avenue until the City would choose to reconstruct the street. The following quotes reflect the repair of designated areas by City Staff. A summary of the three quotes not including the cost of striping are listed below. The quotes are listed without the striping costs because Ryan Contracting and Allied Blacktop have bid items for these quantities under their contracts and Ryan Contracting did not list costs for striping. After discussing this with City Staff it was decided that the City could stripe these locations or have Allied Blacktop stripe the areas at the bid unit price in the 1998 Seal Coat project. Contractor (Existing Contract) Ouotes Bituminous Roadways, Inc. (Sunny Hollow Tennis Courts, #593) $8,740 Allied Blacktop (1998 Seal Coat Project, #604) 11,967 Ryan Contracting Inc. (1997 Street Improvements /Area 2, #567) 14,050 2335 West Highway 36 w St. Paul, MN 55113 • 612 -636 -4600 a Fax: 612 - 636-1311 It is our recommendation that the bituminous repair work be awarded to Bituminous Roadways as a change order under the Sunny Hollow Tennis Court Project for the amount of $8,740. Attached is Change Order No. 1 for project #593. If you have any questions, please contact this office. Sincerely, BONYTROO, SENE, ANDERLIK, & ASSOCIATES, INC. Mark Hanson cc: Guy Johnson Dale Reed Glenn Gustafson Vince Vander Top _/1998 16:01 7216875 'NESTR00 ROSENE ANOULIK BITUMINOUS ROADWAYS PAGE 02 1& 6126361311 05/11/98 17 :22 L� :02/02 NO; 678 M Avenue and Boone Avenue Bituminous Repair Quotes (work to be done by 618/98) Pseme give quote to be added to contract as a Change order Questions call: Glenn Gustafson (604 -4888) or 'Mince 'Vander 'Top (604 4790) Part A : Intersection at Boone Avenue and 36 Avenue (ineludes all material and labor) it Vnit Quantity Unit Cost 'Total Mill 2" of bit. SY Type 41 Bit. wear TN 520 74 $ ` so - $ '�! • $ t (Inch4ty tack coat) Paint (solid white) LF Paint (Double yellow) LF 304 500 $� Part B: Bituininous repair on 30 Avenue east of Winnetka Avenue (includes all material and labor as directed by the Engineer) Item Unit Quantity Unit Cost Total Rc move and Replace 6" of bituminous 3" type 31 base 2" type 41 binder 1" type 41 wear SY 20 MAY - 8 -98 Fkl 14:36 ALLIED BLACKTOP FAX NO. 6124251046 P, 01 .W -- ...._. V Avenue and Boone Avenue Bituminous Repair Quotes (work to be done by 6MB) Please give quote to be added to contract as a change order Questions call: Glenn Gustafson (604 -4888) or Vince Vander Top (604 4790) Part A: Intersection at Boone Avenue and 36 Avenue (includes all material and labor) Item Unit Quantity Chit Cost Total Mill 2" of bit. gY 520 S e7 71 IF Type 41 Bit. wear TN 74 $_, $ SB (includes tack coot) Paint (solid white) LF 300 3 —_ _ �_ It $ dd r Paint (Double yellow) LF 500 Part B; Bituminous repair on 36 avenue east of Winnetka Avenue (includes all material and labor as directed by the Engineer) Item Unit Quant Unit frost Total Remove and Replace 6" of bituminous 3" type 31 base 2" type 4 binder 1" type 41 wear 5Y 20 P,0 Q 00 Part A: Intersection at Boone Avenue and M Avenue (includes all material and iabor) item Unit Quantity Unit Cost Total Mill 2" of bit. SY S20 zo 5 .� r ?`d � 5 Type 41 Bit. wear TN 70 tiitcludex tank cost) Paint (solid whit) LF 300 $ _ ±A Y I TIE H .-- Paint (Double yellow) LF Soo $ PtY t T7 et---t � -- Part B; Biturninous repair on V Avenue cast of Winnetka Avenue (includes nU material and labor as directed by the Engineer) Item Unit Quantity Unit Cost Total Remove and Replace 6" of bituminous 3 " type 31 base 2" type 41 binder -75 t " type 41 wear SY 20 $ � Q'g. $ 2, l '7S S. —a- ,&, L- DQrCrvCn nnTC - nri17Zia IID - - 4a Cann -AID 201 IDn7 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 Bituminous Roadways, Inc. 9050 Jefferson Trail West Inver Grove Heights, MN 55077 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 are two fully executed copies of the above - referenced Change Order for your records. Please forward one copy to your bonding company. The change order was approved on May 26, 1998, by the New Hope City Council. If you have any questions, please contact me. Sincerely, Valerie Leone City Clerk enc. cc: Mark Hanson, City Engineer Jeannine Clancy, Director of Public Works Family Styled City Family Living COUNCIL • • i i Originating Department P &R /Public Works S. French /G. Johnson IM Approved for Agenda 1/9/98 Agenda Section Consent Item No. 6.6 ACCEPTANCE OF SUNNY HOLLOW TENNIS COURT PROJECT (IMPROVEMENT PROJECT NO. 593) AND AUTHORIZE FINAL PAYMENT The engineers and staff recommend that the Sunny Hollow Tennis Court replacement project (Improvement Project 593) be accepted and final payment be made to the contractor, Bituminous Roadways, Inc. It should be noted that there were two parts to this project. One was the tennis court replacement. The bid amount on the court improvements was $64,334.35. The final amount was $64,054.97. The other part to this project entailed roadwork at the intersection of 36 and Boone Avenue and 7611 36 Avenue North. While the tennis court project was underway, City staff determined that a two inch bituminous mill and overlay in that intersection was necessary. Rather than developing a new project to deal with the overlay, the City Engineer contracted the three firms already under contract at the time with the City on other projects. The low quote was from Bituminous Roadways, Inc., the firm rebuilding the tennis courts at Sunny Hollow. The original change order to this contract for the roadwork totaled $8,740 and was approved by Council on May 26, 1998. An error was made in calculation by the engineer and the final amount was $18,803.90. The overage is due to underestimating quantities by a factor of three (3). With the additional quantities, Bituminous Roadways agreed to lower their unit prices by 25 %. The final check will not be released until the IC -134 forms have been properly submitted to the City. Staff recommends approval. Staff recommended the funding for the roadway at 7611 36 Avenue ($1,428) come from the operating budget and the funding for the roadway at the intersection of Boone and 36 Avenue ($17,375.90) come from Road and Bridge. MOTION BY SECOND BY N 2i 't TO: Review: Administration: Finance: Bonestroo, Pose ^ne, Anderlik and Associates, Inc. is an Affirmative Action, Equal Opportunity Employer Principals. Otto G. Bonestroo, RE. • Joseph C. Anderlik, RE. • Nl.l rvin L. Sorvala, P.E. - Richard E. Turm r, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Robert W. Rosene, RE. 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. Rk hard W. Foster, RE. • David O. Loskota, RE. • Robert C. Russek, A.I.A. • Mark A. Hanson, BE. Michael T. Rautrnann, RE. • Ted K.Field, P.E. • Kenneth R Anderson, RE. • Mark R. Rolls, RE. Sidney P. Williamson, P.E., L.S. • Robert E Kotsmith • Agnes M. Ring • Michael R Rau, P.E. Allan Ride Schmidt, RE. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN • Milw€oukee, WI W'ebsite: www.bonestroo.com October 05, 1998 Ms Shari French/Mr Guy Johnson City of New Hope 4401 Xylon Ave N New Hope, MN 55428 -4898 Re: City of New Hope Sunny Hollow Park BRA File No. 34 -98 -208 Dear Shari /Guy, Transmitted herewith are 4 copies of Request for Payment No. 5 and Final along with the required signed Minnesota Withholding Form IC -134 for the above - mentioned project. The work on this project has been satisfactorily completed and we recommend final payment in the amount of $4,142.94. A breakdown of the final contract amount, including Change Order No. 1 (which provided for pavement repair in 36 Avenue at Boone Avenue) is listed below: Sunny Hollow Park Court Improvements Change Order No. 1 Bid Amount Final Amount 64,334.35 64,054.97 8,740,00 18,803.90 73,074.35 82,858.87 As noted, the overage is due to Change Order No. 1 which was addressed in our memo dated July 22, 1998 (attached) as part of Pay Request No, 4. As stated, the overage is due under- estimating quantities by a factor of 3, which was our error. Should you have any questions regarding this, please feel free to call me at 651 -604 -4800. Very Truly Yours, BONESTROO, ROSENE,, ANDERLIK &. ASSOCIATES, INC, Mark A. Hanson Enclosures MAH: dsb 34208finalpayesthr.doc 2335 West Highway 36 a 5t. Paul, MN 55113 a 612- 636 -4600 a Fax: 612 -636 -1311 Project Name: 36th Avenue /Boone Avenue Client. City of New Hope Maintenance Overlay File No: 34 -98 -208; City No 593 To: Jeannine Clancy Date: July 22, 1998 From: Mark Hanson Re: Sunny Hollow Tennis Courts Change Order No 1, Boone Ave /36 h Ave Mill and Overlay Attached are copies of Pay Request No. 4 including the work for Change Order No. 1 done by Bituminous Roadways at 36 Avenue/Boone Avenue. As discussed previously, the quantities were underestimated in determining the change order amount. The quantities were underestimated by approximately a factor of 3 (square feet was divided by 27 as opposed to 9 to determine square yards. We apologize for this error and any confusion it may have caused. Because this error resulted in an increase in quantity, we approached the contractor for a deduct in the bid unit prices which were more in -line with the quantities used for milling and Type 41 bituminous wear. Bituminous Roadways was willing to reduce the unit prices of the change order to the following: Part A: Intersection of 36 Avenue/Boone Avenue Item Unit Unit Price Original Price Mill 2" of Bituminous SY $4.90 $6.50 Type 41 Bituminous Wear TN $51.00 $68.00 The total cost of the change order without the unit price reduction is $24,541.50. The total cost of the change order after the unit price reduction is $18,803.90. The cost difference is $5,737.60. Our first interest is always to do what is best for New Hope. However, we are human and subject to mistakes. The cost difference does not negate the mistake and we will continue to find ways to improve to eliminate similar mistakes in the future. We recommend payment of this change order as outlined in Pay Request No. 4. If you have any further questions, please call me at 604 -4838. Bonestroo, Rosene, Anderlik and Associates, Inc. SL Paul Office: Milwaukes Office: Rochester Offlce: Willmar office: 2335 West Highway 36 1516 West Mequon Road 2222 Hwy 52 North 206 5th Street SW SL Paul, MN 55113 Mequon, Wl 53092 Rochester, MN 55901 Witintar, MN 56201 Phone: 612- 636 -4600 Phone: 414 -241 -4466 PhorwK 507- 282 -2100 Phow 320- 214.9557 Fax 612- 636 -1311 Fax 414 -241 -4901 Fax 507- 282 -3100 Fax 320- 214.9458 St Cloud Office: 2008 8th St. North SL CkA4 MN 56303 Plane: 320- 251 -4553 Fax 320.251 -6252 4401 Xyloh Avenue North New Hope, Minnesota 55428-4898 May 28, 1998 Bituminous Roadways, Inc. 9050 Jefferson Trail West !nver Grove Heights, MN 55077 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 SUBJECT: CHANGE ORDER NO. 1 - IMPROVEMENT PROJECT N 5 Enclosed are two fully executed copies of the above-referenced :�ange Order for your records. Please forward one copy to your bonding company. The change order was approved on May 26, 1998, by the New Hope City Council. If you have any questions, please contact me, Sincerely, Valerie Leone City Clerk enc. c Mark Hanson, City Engineer Jeannine Clancy, Director of Public Works ) ` ' r' 3 Family Styled (.ikly For Family Living Owner. CiV of New Ho , 4401 X Ion Avenue N, New Hqx, MN 55428 Date Ma 18, 1998 ;. Contractor: Bittinous Roadways, Inc. 9050 Jefferson Trail West, Inver Grove Heights,MN 55077 ' mss ° �"�"`� Bond Co. W.A. 2100 LaSalle Plaza, 800 LaSalle Ave., Minneapolis, MN 55402 -2042 CHANGE ORDER NCI. 1 SUNNY HOLLOW PARK TENNIS COURTS CITY PROJECT NO. 593 File No. 34208 Description of Work Pad A - Intersection at 36th AvenuelB ne Avenue Bituminous jl !� Qverlay The work includes a 2 -inch bituminous mill and overlay with tack at the intersection of 36th Avenue/Boone Avenue. Work will include all, necessary traffic control to keep the intersection open. All work will be completed by June 8, 1998. Part B - 7611 361h Avenue N/ Bituminous Patch The work includes removing the temporary patch, sawing the edges straight, and replacing the bituminous with 6" thick bituminous street section (3" base, 2" binder and V wear) at 7611 36th Avenue. All work will be completed by June 8, 1998. 1 Part B • e Street: Bituminous Repair at 761136th Avenue N (Includes all material as directed by the Engineer) Bituminous val/patch (6" thick) SY 20 $30.00 $600.Q0 Total Part B $600.00 Total Part A Total Part B Total Change Order No. 1 $8,140.00 $600.00 $8,740.00 34208/co.wb2 Contract Unit Total No. Item Unit Quantity Price Amount Part A - Intersection at 36th Avenue/ Boone Avenue (Includes all material and labor) 1 Mill 2" of bituminous SY 520 $6.50 $3,380.00 2 Type 41 bituminous wearcourse TN 70 $68.00 $4,760.00 Total Part A $8,140.00 1 Part B • e Street: Bituminous Repair at 761136th Avenue N (Includes all material as directed by the Engineer) Bituminous val/patch (6" thick) SY 20 $30.00 $600.Q0 Total Part B $600.00 Total Part A Total Part B Total Change Order No. 1 $8,140.00 $600.00 $8,740.00 34208/co.wb2 Contract Amount $64,334.35 .ous Change Orders- $0.00 Change Order No. 1 $8,740.00 ;ed Contract Amount (including this change order) $73,074.35 Approved by Contractor: Approved by Owner. BrMMMOUS ROADWAY, INC. CITY OF NEW HOPE cc: Owner ('nnfmr4r%r Bonding Bonestrc 34208/Co.wb2 10/07 12:54 7216875 BITUMINOUS ROADWAYS REQUEST FOR ;°AYMENI' 1"7 COURT Ild]PROVEMENI'S SL7f.VY HOLLOW PARK File No. 34 -98 -208 SUMMARY i Original Cotztmct Amount 2 Change Order - Ad(tition 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 i 1 AMOUNT DUE THIS PtQMT FOR PAYMENT NO. $ 64,334.35 $ 8,740.(14 $ 73,074.35 $ 82,858.87 $ 0.00 $ 82,858.87 $ 0.00 $ 82,858.87 S 78,715.93 5 & Final S 4,142.94 Recommended ibr Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor J31TUMI.NO U S ROADWAYS INC Specified Contract Completion Date: A oved by Owner. CIT E HOPE Date: I;Q 4\342Q81R EQU EST5. W B2 Total Work Completed to Date $82,858.87 1: \34\34208 \R E Q U E ST5. W B 2 Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date Sunny Hollow Park 1 Demolish & remove ex. paving & fencing LS 1 6,300.00 1 6,300.00 2 Site grading and final shaping LS 1 1,500.00 1 .1,500.00 3 Bituminous paving, Incl. aggregate base SY 55 11.50 70 805.00 4 Court paving, incl. aggregate base, granular, and bituminous paving SY 2,142 10.10 2173 21,947.30 5 Chain link fencing including gates LF 552 20.50 560 11,480.00 6 Color coating & court line marking SY 2,142 1.70 2173 3,694.10 7 Granular borrow CY 765 12.85 551.64 7,088.57 8 Tennis posts and net (set) EA 3 600.00 3 1,800.00 9 Topsoil borrow CY 100 8.00 90 720.00 10 Sod SY 620 4.00 965 3,860.00 11 Silt fence, installed maintained, and removed LF 50 4.00 25 100.00 12 4" draintile and piping, including excavation, backfill, compaction, and washed drainage to LF 300 7.00 380 2,660.00 13 Curb cut and new pedestrian ramp EA 1 2,100.00 1 2,100.00 Total Sunny Hollow Park 64,054.97 Change Order No. I Part A- Intersection at 36th Avenue/ Boone Avenue Bit. Mill/Overlay 1 Mill 2" of bituminous SY 520 6.50 1631 10,601.50 2 Type 41 bituminous wearcourse TN 70 68.00 184 12,512.00 Total Part A (before deduct) 23,113.50 Part A - Unit price credit due to quantity error which was underestimated by a factor of approximately 3. 1 Mill 2" of bituminous SY 520 (1.60) 1631 (2,609.60) 2 Type 41 bituminous wearcourse TN 70 (17.00) 184 (3,128.00) Total Deduct Part A (5,737.60) Total Part A 17,375.90 Part B -36th Avenue Street.Bituminous Repair at 7611 36th Avenue N 1 Bituminous Removal/patch (6" thick) SY 20 30.00 47.6 1,428.00 Total Part B 1,428.00 TOTAL CHANGE ORDER NO. 1 18,803.90 Total Work Completed to Date $82,858.87 1: \34\34208 \R E Q U E ST5. W B 2 PROJECT PAYMENT STATUS Owner CITY OF NEW HOPE Project No. 34 -98 -208 File No. 34 -98 -208 Contractor BITUMINOUS ROADWAYS INC CHANGE ORDERS No. Date Description Amount 1 1 07 -06 -98 Change Order No. 1 8,740.00 2 40,490.47 2 08/06/97 3 21,937.59 3,179.13 63,582.67 Total Change Orders $8,740.00 PAYMENT SUMMARY No. Period Payment Retaina e, Completed 1 Start 08/06/97 38,465.95 2,024.52 40,490.47 2 08/06/97 09/09/97 21,937.59 3,179.13 63,582.67 3 09/09/97 02/03/98 448.69 3,202.75 64,054.97 4 02/03/98 07/06/98 17,863.70 4,142.94 82,858.87 5 07/06/98 07/17/98 4,142.94 0 82,858.57 6 7 8 9 10 Material on Hand Total Payment to Date $82,858.87 Original Contract $64,33435 Retaina e, Payment No. 5 & Change Orders 8,740.00 Total Amount Earned $82,858.87 Revised Contract $73,074.35 1:\34\34208 \REQUEST5.W B2 MINNESOTA Department of Revenue r W ithholding Affidavit davit for Contractors [C - 34 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. Please type or print clearly. This will be your mailing label for returning the completed form. � rCny ompa Home -- _._--- - - - - -� Dayt ' ime phone Minnesota withholding tax ID number � Bituminous Roadways, Inc. 1 1613 686 -7001 2 905 0 J efferson Grail West Mon 82252 _ i. Address _._ ____ —.__ o ( � Total contract amount th /year ork w began 0 - - -- -- 55077 $ 83 138,25 Zi -- _- -- °- L - - - -- -- _JuIY � 997 _ Stale Zip Code _ Amount still due MN Month /year work ended — Inver Grove Heights, ----------- - - - -J_ 4 '- X - -- July 1998 G Project number Project location = Sunny Hollow Park Boone _A -ve &_ 6th__Str +W a Project jc owner - _ .. .. - - - -- 3 -- S tr eet -- -----__,_._._._..--....------------ 1 Address City .6 City of New Hope, .55_00 International Plaza state Zip code -_... _ _ ___._.__ .... New Ho' e t1N 554 Did you hpoyees work on this p roj e ct? Yes _ p 0. h ave eml k ^- P I - No If no, who did the work? -- -- Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of controctor who hired you Address -- -- -- - -. --- to] 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 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 /Offic ------- - - -- - o - -- - remZer Services, Inc., 112 South Concord, South St. Paul_.__MN_ _ _ -- -- - - -- Mid Metro Construction, 18114 Greenbrook Drive NE, Wyomin _ - - y-- _. g , ? R _5 5 _ Q_92___ _Ace Bla ck _East _Diskmax__T'ra_i-1 -r-- N 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 parfinent information relating to this protect, including sending copies of this form, to the prime contractor if/ am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency. C --- -- - - - -- -- Contractor's s��f a - -- - - - - - -_ -------------------------- M4 Ti lle Date Mail to, MN Dept. of Revenue Withholding Division, Mail Station 6610, St. Paul, MN 5514 X610 -- A Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Department of Revenue approval S�f ,y J ^ Dates Stock No. 5000134 ro,,... 1 1/0,, Who must file? If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must file Form IC -134 with the Minnesota Department of Revenue. This affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. L The IC -134 cannot be processed until you finish the work. If you send it in for certification before the project is completed, it will be returned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when you have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of your subcontractors. How to file If you have fulfilled the requirements of Minnesota withholding tax laws, the Department of Revenue will sign your affidavit and return it to you. If any withholding payments are due to the state, Minnesota law requires that payment be made by money order, cashiers check, certified check or cash (M.S. 290.97). Are you a prime contractor and a subcontractor on the same project? If you were hired as a subcontractor to do work on a project, and you. subcontracted all or a part of your portion of the project to another contractor, you are a prime contractor as well. Fill out both the subcontractor and prime contractor areas on a single form. Where to file Mail to: MN Dept. of Revenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146 -6610 Minnesota tax ID number You must fill in your Minnesota withholding tax ID number on the form. You must have a Minnesota tax ID number if you have employees who work in Minnesota. If you do not have a Minnesota ID number, you must apply for one. Call (612) 282 -5225 or 1- 800 -657- 3605. Or write to the following address to request an application (Form ABR). Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 If you have no employees and did all the work yourself, you do not need a Minnesota tax ID number. If this is the case, fill in your Social Security number in the space for Minnesota tax ID number and explain who did the work. Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. Inv -T +x The Department of Revenue needs all the information, except your phone number, to determine if you have met all state income tax withholding requirements. If all required information is not provided, the IC -134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law. Information and assistance If you need help or additional information to fill out this form, call (612) 282 -9999 or 1- 800 -657 -3594. Hearing, speech or visually impaired? TDD users may contact the department through the Minnesota Relay Service. Call (612) 297 -5353 or 1- 800 - 627 -3529, ask for (612) 282 -9999. If you need information in an alternative format, such as Braille, large print or audio tape, we will provide it. To get more IC -134 forms If you need more IC -134 forms, call (612) 296 -4444 or 1 -800- 657 -FORM. Or write to: Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 projw location i I � .e .�� a 9WfWr city S10110 zip C04 Pow Yea No it 6 Ch e`-k the box that describes your invol in 'he Project and RI Nn a ll i r j ormo tion reqvestad. Sale contractor 4; hired vat S ROAIWA YS A;16ofs LK TRA IL. 9050 JEE I NU5077 Prime cantrGC1 you subcontracted out any work on thi protect, o il o y o ur subcontractors must file their own [C- 3 4 affidavits and have them certified by the Departme Of Revenue before you can file your affida F each subcantmoor you had, fill in th i n f ormthor , below and Q1lQqh 0 cQPY of each subcontractor's carli Pied IC-1 34. If you need More space, attach a separate sh K top ' but Q# i " f &rMW'O" 1 have P in On this farm is Irv* and com . p1w q t best of m know /etc and This belief. I ati " t h e 0" jtmenj of WOM mkdinq to his praiog& "g 4* form, so ifwe prime Cardractor W I am €r subcontracw, and to any wbwmt� am a prime cmbamr and A 0$ 0 Ao ,low, 1W St No, 3-W01 34 IKU, 4 siv"I f" '"V 4 - r w rto t powomwm- Wu.)#' V) V.Y1X?3.d q(A TOTAL P.03 FROM 612-687-9857 V-- MINNESOTA De of Raven �t t r- 0 c 0 a p p . .. 0 U R C ' tJ Lle W ithh old ing r IC -134 This affidavit must be approved by the Minnesola Department of Revetlue before the slate of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. �ompany name — 1 Daytime phone G ce 6�r ot-1 C t r t� ► I d -- �f 9� ' Add -- •- - - -.-- - - - --- - - - Y V e `i tOlUt caltll'aCl a mount y Stole Zip Coda I Amount slid due Minne twi hhold� g lax ID number Mo //yeor work began — W-f Month /yew work ended Project number I Protect location _r_SUNNY .HQLLQ.W _ PARKIB44NE —AVE _& . 36TH -STREET-, - - -.. -. -- Project owner Address -- -- ---- ------ e (:TTY O NEW HOp C'h' State Zip code Did you have employees work on this p roject? - -- 5O0_ I P�A2,A,-- .NEW- - .3IOPE.,. MN _. 55428. . _._. -- -- Check the box that describes your involvement in the project and fill in all inforration requested. ❑ Sole contractor Subcontractor Name of contractor who hired you BITUMINOUS ROADWAYS INC. 9050 JEFF ERSON TRAIL WEST. INVER GROVE HEICHTS, =_,.MN.55077__,__ ❑ 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 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 Business . _ ...---- - -_ - -- - Ow net f Ol h ce r W 1 declare that oil information I hove 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 eminent information relating to this pr Ilea, including sending copies of this form, to the prime contractor if t am a subcontractor, X d to any subcon ors if I am a prime contractor, and to the contracting agency. • C raclor's Dole Title a e 9 v o Mail to N Dept. of Re , Withholding Division, Mall Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Deportment of Revenue approval Date K IL - _ (Rur. 1 II'��f 1'nnh:d on rucyclud t;upw —1h 10 "/. I „n;muur wuelu u ;m Lu.ud ud MINNESOTA De of Reventic �����0�N~��Q�M° ~N °�� �_� Contractors ----- _---'--- —' '---- - Y�Y����NN�~_8����@�� ������Nm ����� IC- 134 This affidavit must be ~- 6y»mMVnn o/�� v`om / v,onvo6vfo' tile stole of Minnesota or any of its subdivisions can make final paym to contraclors, , ^ Project numbe 13 Project owner � ______ ( A - Cit State Zip code �� Did you have employee, work on this pfoier ^ MN 5�38 Check the box that describes you involveme in Ihe project and fill in aft information requested. --'---- Sole contractor Subcontractor _ ' ^ » wom°a contractor who hired you ------ --'-----�' '- ''- - -- --�- __ ---__.-_- BITUMINOUS ROADWAYS. INC, W c Fd ress 9050 JEFFERSON TRAIL WE ST.lMN 5 K� P�mmecontractor-If yo , u6con�pc�6out any work on this proioc| ao/yov,,v'n' roc mu ^ ----'------------ S�^ |{�l34 affidavits and have them certified by the Department of Rnvo"v "` U 6o�m subcontractors file ma/' own - L. ov6cn"�ocm'yov ko6 ' � in , information below and a|m o copy m subcontractor's your affidavit. For each »c�6 more xpu�c o �U the o separate information co|� each certified K�l34� If you sh Business name -___ ____ -_ _ ' _o°"er/umce'-_ ---------- -_---____-_-_-___� _-___- _ -- . --- __ ------ '____-____'_--_-_--_'_________'___----- -_ ' / declare that off information /hove 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 informati relating to this project, including sendin g copies of this form, to the prime contractor if I am a subcontractor, -C and to any subcontractors if I am 0 prime contractor, and to the contracting agency. lie Date Certificate of Compliance Based on records of the Minnesota °=p".""uo' of Revenue, / co,mymo|�e contractor who has oiOnoJ this certificate has nm o requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota i |o »nmwogospoid/oomp|oyeosro|aUng|ocoo/mc|,o=iccs*kh|krsk`�o[k4innuyomon6/o,iu�6divi,ion, »c»m* « ��mn�/�xr°m��pm� � oow ~��� r'l-.kwmw/m P�om - __M�mp««c�o��Q���6vyovmo�og�6o�v�w��9U�con9����nn '�vmvoo onmv \ . Daytime phone Minnesota withholding tax ID number 0 city Total contract amount Month/ work be Zip Code A ount still due , ^ Project numbe 13 Project owner � ______ ( A - Cit State Zip code �� Did you have employee, work on this pfoier ^ MN 5�38 Check the box that describes you involveme in Ihe project and fill in aft information requested. --'---- Sole contractor Subcontractor _ ' ^ » wom°a contractor who hired you ------ --'-----�' '- ''- - -- --�- __ ---__.-_- BITUMINOUS ROADWAYS. INC, W c Fd ress 9050 JEFFERSON TRAIL WE ST.lMN 5 K� P�mmecontractor-If yo , u6con�pc�6out any work on this proioc| ao/yov,,v'n' roc mu ^ ----'------------ S�^ |{�l34 affidavits and have them certified by the Department of Rnvo"v "` U 6o�m subcontractors file ma/' own - L. ov6cn"�ocm'yov ko6 ' � in , information below and a|m o copy m subcontractor's your affidavit. For each »c�6 more xpu�c o �U the o separate information co|� each certified K�l34� If you sh Business name -___ ____ -_ _ ' _o°"er/umce'-_ ---------- -_---____-_-_-___� _-___- _ -- . --- __ ------ '____-____'_--_-_--_'_________'___----- -_ ' / declare that off information /hove 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 informati relating to this project, including sendin g copies of this form, to the prime contractor if I am a subcontractor, -C and to any subcontractors if I am 0 prime contractor, and to the contracting agency. lie Date Certificate of Compliance Based on records of the Minnesota °=p".""uo' of Revenue, / co,mymo|�e contractor who has oiOnoJ this certificate has nm o requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota i |o »nmwogospoid/oomp|oyeosro|aUng|ocoo/mc|,o=iccs*kh|krsk`�o[k4innuyomon6/o,iu�6divi,ion, »c»m* « ��mn�/�xr°m��pm� � oow ~��� r'l-.kwmw/m Instructi r /' Who must file? If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must file Form IC -134 with the Minnesota Department of Revenue. This affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. When to file The _. .� -a34 cannot be processed until you finish the work. If you send it in for certification before the project is completed, it will be returned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when YOU have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of your subcontractors. How to file If you have fulfilled the requirements of Minnesota withholding tax laws, the Department of Revenue will sign your affidavit and return it to you. If any withholding payments are due to the state, Minnesota law requires that payment be made by money order, cashiers check, certified check or cash (M.S. 290.97). Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. Are you a prime contractor and a subcontractor on the same project? If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your Portion of the project to another contractor, you area prime contractor as well. fill out both the subcontractor and prime contractor areas on a single form. Where to file Mail to: MN Dept. of Revenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146 -6610 Minnesota tax ID number You must fill in your Minnesota withholding tax ID number on the form. YOU must have a Minnesota tax ID number if you have employees who work in Minnesota. If you do not have a Minnesota ID number, you must apply for one. Call (612) 282 -5225 or 1- 800 -657- 3605. Or write to the following address to request an application (Dorm ABR). Minnesota Tax Forms Mail Station '1421 St. Paul, MN 55146 -1421 If you have no employees and did all the work ynurself, you do nut need a Minnesota tax 1D number. If this is the case, fill in your Social Security number in the space for Minnesota tax ID number and explain who did the work. Use of information The Department of Revenue needs all the information, except your phone number, to determine if you have met all state income tax withholding requirements. If all required information is not provided, the IC -134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the sang, p- ..,.cy e certain government agencies as provided by law. Information and assistance If you need help or additional information to fill out this form, call (612) 282 -9999 or 1- 800 - 657 -3594. ( speech or visually impaired? TDD users may contact the department through the Minnesota Relay Service. Call (612) 297 -5353 or 1 - 800- 627 -3529; ask for (612) 282 -9999. If you need information in an alternative format, such as Braille, large print or audio tape, we will provide it. To get more IC -134 forms If you need more IC -134 forms, call (612) 296 -4444 or 1 -800- 657 -FORM. Or write to: Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 MINN'I S` 1A Department of Revenue Withh Affi vit for Contractors .0 -1 AUG 10 1998 e This affidavit must be approved by the Minnesota Department of Revenue before the state of �E xu Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. r ---- - - - - -- Da y time hone C Y P Minnesoto withholding tax ID number ' Premier Services, Inc, lfo�'1 O~ S outh Concord Exchange Total coNroct amount Month /year work began ar South St. Paul, MN 55075 -2446 $ E.. Amount still due Month year ark ended - - - - - - - - - - - - - - --) .$.__ -- - - -- - C ` Project number Project location L -- __- -_- ..SUNNY HOLLOW PARK/_BOONE__AVE. &_ 36TH_. STREET- Project owner Address City State Zip code P 0 _OI_ZY-.4E -NE'W; H.OPE.,_- .5500. -INTERNATIONAL—PLAZA,—.-.NEW HOPE, MN 55428 _ "- vid you have emp loyees work on this p roject? � Yes Y p i U No If no, who did the work? L_ 0 v O C O V Check the box that describes your involvement in /lie project and fill in all information requested. ❑ Sole contractor Subcontractor Name of contractor who hued you BITUMINOUS ROADWAYS_, INC. Address 9 050 J EFFERSON_ TRAIL WEST. INVER GROVE HEIGHTS, MN55077_ -__ — ❑ 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 information below and attoch a copy of each subcontractor's certified IC -1'34. 1f you need more space, attach a separate sheet. Business name Address Owner /Officer N I declare that all information t have filled in on this form is true and complete to the best of my knowledge and belief. t 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, X and to any subcontractors if I am a prime contractor, and to the contracting agency. C - -- —.. Conti Ior' signature Title — y' l Mail to: MN Dept. of Revenue, Withhotd' ,J Division, Moil StaWn66I , S I. Paul, MN 551 C 6 -66113 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the stale of Minnesota and /or its subdivisions. Department Revlue ap vat p Q t L 51� N1� 50001'14 Ik�,v. 1 I /'I."I 19 inled �, i recycled popes with 10 p w u:ngl vy l,u,.ei uiF 1 Instructions for o 4 Who must file? If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must file Form IC -134 with the Minnesota Department of IZevenue. This affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. When to file The IC-134 cannot be processed until you finish the work. If you send it in for certification before the project is completed, it will be returned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when you have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of your subcontractors. How to file If you have fulfilled the requirements of Minnesota withholding tax laws, the Department of Revenue will sign your affidavit and rctui';; it to you, If any withholding payments are due to the state, Minnesota law requires that payment be made by money order, cashiers check, certified check or cash (M.S. 290.97). Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. Are you a prime contractor and a subcontractor on the same project? If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your Portion of the project to another contractor, you are a prime contractor as well. Dill out both the subcontractor and prime contractor areas on a single form. Where to file Mail to: MN Dept. of IZevenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146 -6610 Minnesota tax ID number You must fill in your Minnesota withholding tax ID number on the form. You must have a Minnesota tax ID number if you have employees who,work in Minnesota. If you do not have a Minnesota ID number, you Must apply for one. Call (6'12) 282 -5225 or 1- 800 -657- 3605. Or write to the following address to request an application (Dorm ABR). Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 If you have no employees and did ;:ll the i- yourself, you do not need a Minnesota tax ID number. If this is the case, fill in your Social Security number in the space for Minnesota tax ID number and explain who did the work. Use of information The Department of Revenue needs all the information, except your phone number, to determine if you have tnet all state income tax withholding requirements. If all required information is not provided, the IC -134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law. Information and assistance If you need help or additional information to fill out this form, call (612) 282 -9999 or 1- 800 -657 -3594. Hearing, speech or visually impaired? TDD users play contact the department through the Minnesota Relay Service. Call (612) 297 -5353 or 1 -800- 627 -3529; ask for (612) 282 -9999. If you need information in an alternative format, such as Braille, large print or audio tape, we will provide it. To get mor IC_ 13 forms If you need more IC -1.34 forms, call (612) 296 -4444 or 1 -800- 657 -FORM. Or write to: Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 GORDON L. JENSEN NICOLE M. RITLANDt STEVEN A.SONDRALL WILLIAM C. STRAITt STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD -Real Property Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral a - 1 Al Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law@jensen-sondrall.com September 6, 2001 Mr. John Kittleson Bituminous Roadways, Inc. 6898 Highway 101 East Shakopee, MN 55379 Re: Sunny Hollow Tennis Courts New Hope, MN City Project N .593 Dear Mr. Kittleson: I am writing in response to your letter dated August 24, 2001, in which Bituminous Roadways, Inc., ( "Bituminous ") laid out its position with respect to its contribution for the repairs of the above - referenced project. After review by various City employees involved in the project, the City is willing to reconsider its position. Based on the City's recognition that it received two to three years of value from the work performed by Bituminous, the City is willing to pay one half of the resurfacing cost as proposed by Court Surfaces & Repair, or $2,270.00 after $950.00 is paid by Bituminous for the prep work. The city is unwilling to forgive the $332.33 from your share of the liability which Bituminous claims represents the amount of a change order request that was never acknowledged. Correspondence between the City and Bituminous and a review of bid item #7 on pay request Nos. 2 and 3, clearly indicates that the change order request was acknowledged and paid. The change order was paid in 25.86 extra ton of granular borrow at price of $12.85 per ton. Essentially, the City is requesting your acceptance of liability in the amount of $3,220.00, which represents half of the cost to resurface, plus $950.00 in prep work. In order to complete the project as scheduled with Court Surfaces & Repair, please respond to this letter within 5 days of your receipt of the same. I believe this offer shows the City's willingness to cooperate and has adequately addressed the $332.33 change order which Bituminous was subtracting from its liability. I look forward to hearing from you. September 6, 2001 Page 2 Ver t my yours, Nico e M. Ritland Assistant New Hope City Attorney JENSEN & SONDRALL, P.A. nmr@jensen -sond rail. coin After Hours Extension 11130 cc: Shari French Tom Schuster Vince VanderTop Steven Sondrall, Esq. 09/12/01 10;,,18 FAX 7634935193 11/ 2 0 � 1 16;90 9522330686 BIT RDWYS s� 4 NEW HOPE CH U002/002 PAGE 81/5i BITUMINOUS ROADWAYS INC- Esa98 HIGHWAY 101 F_AST I SHAKOPEE, MN 55379 / pHoNE (952) 233-1660 FAX (952) 233-0686 September 10, 20 Ms. Nicole, NL Ritl=d J en s en & Smdrall, PA 8525 Edinbrook CrossiRg, SllitO 201 Brooklyn pwk, NN 5 Re Sunny Hallow `fermis COvxw Ncw 1 -lope, MN Cit Piro jectNo. 593 To: Nicole M. Ritland Dear Ms. Ritlaad I have recei-red an d ac knowledged your letter dated Sepbewbx 1, 200 - Bituaiinous Road Inc- antes to PV On half th e resurfazing cast, $2,2?0,00, and $950,00 f t IrAep wor for a unal of $3,220-00. _ I am pleased that - we have coma to an agreement is ft" PrOictt and w0uld li to tik cm o f tbig as soon an possible, Pjc advise - ine as to what procedure I need to take to complete our responsibility in this matter. I look forward tO hearing from YOU- , Ruga:Tds, hn M W1 JENSEN S PA Affirmative Arlon Employer I Contrattfor e i To: Shari French, Director of Parks and Recreation From: Tom Schuster, Contract Manager Date: October 23, 2001 Subject: Sunny Hollow Tennis Courts After considerable correspondence between Nicole Ritland from the City Attorney's office and Mr. John Kittleson from Bituminous Roadways, it was agreed that the cost of repairs to the Sunny Hollow Tennis Courts would be split evenly between the City of New Hope and Bituminous Roadways (BR), but that BR would pay the entire cost of the prep work. The bid for the repair work was $5490.00 and was from Court Services and Repair. We have received copies of letters from Mr. Kittleson agreeing to a total payment of $3,220.00 for their part of the work. When we received the invoice for the court repair, the amount was $5,890.00, or $400.00 more than the amount agreed to. The extra cost was for using an acrylic product on the court rather than an asphalt product. The acrylic product more closely meets the original specifications for the court. This morning I called Mr. Kittleson and explained the extra $400.00 on the invoice. We agreed that since this cost was part of the court repairs, that we would also evenly split this amount as well, with each party paying an additional $200.00. l Attorneys At Law 5525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law @jensen - sondrall.com GORDON L. JENSEN NICOLE M. RITLANDt STEVEN A.SONDRALL WILLIAM C. STRAITt STACY A. WOODS OF COUNSEL LORENs Q.BRYNESTAD -Real Property Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral September 14, 2001 Mr. John Kittleson Bituminous Roadways, Inc. 6898 Highway 101 East Shakopee, MN 55379 Re: Sunny Hollow Tennis Courts Our File No.: 99.53060 Dear Mr. Kittleson: s This letter confirms the agreement between Bituminous Roadways, Inc., and the City of New Hope. Pursuant to our exchange of correspondence, the City of New Hope will contact Court Surfaces and Repair and arrange to have the repairs completed in the near future. The City will invoice Bituminous Roadways for its portion of the costs of this project, which will constitute one -half (1/2) of the resurfacing costs plus $950.00 for prep work. Please do not hesitate to contact me if your understanding of this agreement differs. Thank you for your cooperation with this matter. Very truly yours Nicole M. Ritland JENSEN & SONDRALL, P.A. nntr 0iensen- sondrall.coru After Hours Extension #130 cc: Shari French, Park and Rec Director, City of New Hope Tom Schuster, Public Works Dept., City of New Hope Vince Vander Top, City Engineer, City of New Hope CNH99- 53060- Kittleson Ltr.wpd 09/12/01 10:18 FAX 7634935193 09/11/2001 16;35 9522330SSS JENSEN.& SONDRALL, PA ANA& NEW HOPE CH WJUUZ/UUZ PAGE 01/01 BITUMINOUS RoDADWAYS, INC. 0 FAX (952) 233-0686 6898 HloHWAY 101 EAST I SHAKOPEE. MN 55379 / PHONE (952) 233-166 Mo. Nicol NL RAIM Tensest & Soudraij, P.A, 8525 Edb3brook Crossing, SAAW 201 Biookir Pax .,, mN g5443-1968 Re: S Hollow Termis Coum New Hope, UN Cit p 593 To: Nicole Nt RjRand Dear Ms. Ritland I I Bove received and aclmOwlcdoed y our jetw dated S 6, 2001. ittini -- inous Roadways. Inc. agrees t pay one half the resurfacing cast, s2,2w,00, and B of $3,220-00. sg5o.00 for the Prep work for a tote I am pleased. that Vve hove colae to an agreement in this PrOic"t and ' woo" "k"- tD take oar of !big as soon Is possible, ply a nle as to ,, ,vhLt procedure I need W take to complete our xesponsibility in this MILW Kitaesm Ff"I'M AtarmaoVe Adore Employer I ContMOOr 09/12/01 10:18 FAX 7634935193 JENSEN & SONDRALL, PA NEW HOPE CH 10001/002 JENSFN &SONDRAIL PA. ATTORNEYSATLAW 8525'EDJNBP,OOK CROSSING, STE. 201 Bp,00mN PARK, MINNI1sOTA 55443-1968 TELEPHONE (763) 424-8811 a Tr-LEFAX (763) 493-5193 E-MAIL 1AW ANS C', ?.,, WI & I I Date: September 12, 2001 1 Time: ■ NAME: Shari French, Park and Rec Director, City of New Hope FAX NO.: (763) 531-5136 FROM: Nicole M and, Esq. OUR FILE. SUNNY HOLLOW TENNIS COURT This ixansmittal contains -2 pages, including this page. PLEASE NOTIEFY US IMMIFDIIATELY AT (763) 424-8811 IF YOU DO NOT RECE11tZ TMS TRANSMITTAL PROPERLY. THESE DOCUMENTS ARE: RESPONSE INSTRUCTIONS OConfidential ❑Fax Your Response DUrgent ❑Telephone Your Response MRoutine ❑Give Written Response DAlso Being Sent Hard Copy by Mail r]No Need to Respond NOTES: Please find enclosed correspondence dated September 10, 2001 from John Kittleson of Bituminous Roadways, Inc. Please call me if you have any comments or concerns. ThanIc you. Nicole M. Ritland n-jr- INFORMATION CONTAINED INTMS FACSDvffLEME- SSAGEMAYBEPRIVILEOED AND CONFIDENTIAL. ITIS INTENDED ONLY FOR TRG USE Or n-IE INDIVIDUAL OR ENTITY TO WHOM IT IS DIRECTED. IF THE RECIP RECIPIENT THIS TRANSMITTAL IS NOT THE INTENDED RECIPIENT OR AN EMPLOYEE OR AGENT RESPONSIBLE To DELIVER IT To THE INTENDED RECIPIENT. ANY DISSBMUNATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVF RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIXMLY NOTIFY US BY TELEPHONE AND RE-TURN THE ORIGINAL MESSAGE To US AT TILE ABOVE ADDRESS VIA THE ().$. POSTAL SERVICE. FrFORMS-CENEM-fAX fQAM - ] E.WF13 om Schuster Sunny Hollow Tennis courts Page 1 From: Tom Schuster To: French, Shari; Vince Vandertop Date: 7/11/01 10:43AM Subject: Sunny Hollow Tennis Courts I talked with each of the tennis court contractors that had supplied bids for the work at Sunny Hollow. All agreed that the original product used was asphalt emulsion, and that in order to resurface the courts, they would have to be carefully and thoroughly pressure washed. That is about all they agreed upon. One said the product was no good. One said the product was OK but that the prep work was inadequate and the color coat had been applied over a dirty surface. Another said the color coat was OK but that it should have been applied much thicker. When I asked for prices for resurfacing with Acrylic Color coating, at least two contractors said that they would really recommend staying with asphalt emulsion since the higher priced asphalt product perform very well. Apparently at the time Sunny Hollow was done the industry was experimenting with different asphalt formulas. They said that asphalt is always their first choice and that they have had very little problems with it. At least one of them, Ray Finley, was insulted when I asked for a price for acrylic because he said he would use whatever product he felt would perform the best, and he didn't like people like us telling him how to do his job. Needless to say he was no fan of taking low bid. Based upon this information, the quotes are as follows: Court Surfaces and Repair $5,490.00 Asphalt Color Coating or $5,890.00 Acrylic Color Coating Tennis Court Doctor $6,890.00 Acrylic Color Coating All Surface Specialists Inc. $1,800.00 Hydro Blasting $ 5,200.00 Acrylic Color Coating $7,000.00 Ray Finley $3,900.00 Pressure Washing $ 5,900.00 Asphalt Color Coating $9,800.00 Where should we go from here? c GORDON L. JENSEN NICOLE M. RITLAND f STEVEN A.SONDRALL WILLIAM C. STRAITf STACY A. WOODS OF COUNSEL LORENSQ.BRYNESTAD -Real Property Law Sp=whst Certified By The Mmn to Swc Bar Associazion tQuahficd ADR Neutral Attorneys At Law September 6, 2001 Mr. John Kittleson Bituminous Roadways, Inc. 6898 Highway 101 East Shakopee, MN 55379 Re: Sunny Hollow Tennis Courts New Hope, MN City Project No. 593 Dear Mr. Kittleson: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law @jensen- sondrall.com r . I am writing in response to your letter dated August 24, 2001, in which Bituminous Roadways, Inc., ( "Bituminous ") laid out its position with respect to its contribution for the repairs of the above - referenced project. After review by various City employees involved in the -project, the City is willing to reconsider its position. Based on the City's recognition that it received two to three years of value from the work performed by Bituminous, the City is willing to pay one half of the resurfacing cost as proposed by Court Surfaces & Repair, or $2,270.00 after $950.00 is paid by Bituminous for the prep work. The city is unwilling to forgive the $332.33 from your share of the liability which Bituminous claims represents the amount of a change order request that was never acknowledged. Correspondence between the City and Bituminous and a review of bid item #7 on pay request Nos. 2 and 3, clearly indicates that the change order request was acknowledged and paid. The change order was paid in 25.86 extra ton of granular borrow at price of $12.85 per ton. Essentially, the City is requesting your acceptance of liability in the amount of $3,220.00, which represents half of the cost to resurface, plus $950.00 in prep work. In order to complete the project as scheduled with Court Surfaces & Repair, please respond to this letter within 5 days of your receipt of the same. I believe this offer shows the City's willingness to cooperate and has adequately addressed the $332.33 change order which Bituminous was subtracting from its liability. I look forward to hearing from you. September 6, 2001 Page 2 Ver � my yours, Nico e M. Ritland Assistant New Hope City Attorney JENSEN & SONDRALL nmr r�jensen- sondrall.corn After Hours Extension #130 cc: Shari French Tom Schuster Vince VanderTop Steven Sondrall, Esq. 08/28/01 08:24 FAX 7634935193 i�0427/2001 16:41 95223a0G86 JENSEN & SONDRALL, PA BIT RDWYS BITUMINOUS ROADWAYS, INC. 6896 HIGHWAY 101 FAST / SHAKOPEE, MN 65679 / PHONE (952) 233 - FAX (1352) 233-0686 Augmt 24, X401 Jensen and Sondrall, P.A. Alta: Nicole M. Ritland Assistant City Attorney for New Hope 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, NN 55443-1968 Re Sunny Hollow Tem3is Court New Hope, MN City Project No. 593 Dear Ms- R-itlamd During our site meeting this spring we were asked how we wanted to pursue the problem of -the court surface. Our response was that since our subcontractor had gone out of business we had solicited a price to correct the problem from another company and that we felt sharing or splitting ft cost would be reasonable. We are disappointed to find in your letter da*cd 8/7/01 that the City does not - wish to share in the cost. Recently, I spoke with W Troy Carlson of Court Surfacing and Repair and asked him, typically, how often a court should be resurfaced. His response was five years. As of now, the City has had the use of the court for nearly four full years. I asked Troy what he bad figured for the prep work of cleaning and removing the loose surface material. He told me $950.00. It seems to tne, in all falmess, that Bituminous Roadways should be accountable for the neoessary prep work, cleaning, and leveling dtle to settlement plus a partial amount due to shortened life of use. JA 1xind sight, our offer of paying half appears generous. I would also like to point oitt other matters which should warraW the City" s consideration in this matter L) The savings we offered amountingto $5,737.6►; 2-) A change order request in the amount of $3371,33 wl&h was never acknowledged, 3) A written request to extend the completion date due to poor weather; and 4.) The effect the change order bad on delaying fhud completion. A closer look at t-ach item above will reveal tbaT Bibmmdnous Roadways may not be liable for any of the damages at the Sunny Hollow site*. 10003/005 PAGE 02 AffirmaTIve Acton Employer I Contfactor 08/28/01 08:24 FAX 7634935193 JENSEN & SUNIMALL, rA 08/27/2001 16:41 952233e686 BIT RDWYS 1.) A obange order was requested and issmed for additional work n ©t relatcd to any work at Sunny Hollow. A simple, small project beeame a large project for which we were ill-prepared due to an error someone had made, However, due to the scope of work increase Bituminous Roadways offered the City a discounted amount, which the City accepted, in the amount of $5737,60. 2.) A change order request, which went unatgwered for requested work, was never paid to my knowledge. Three fax requests were submitted with no record of a response. At this thne we believe we way be justified in still requesting this amount. 3.) 1997 was a cool, wet, summer which did affect this project With excessive weather delays, the surfacing got pushed later into the fall that it should have., which remould be the cause of some to the problems. 4.) Had it not been for the change order the project would have been '"finallecf' months earlier which would have affected the warranty period. If we sctfle on half the cost of the resurfacing, plus paying - the full amount of the prep work, we are Ong beyond what we should reasonably be expected to do: CSR Quote Less amount for RLqp ymrk Resurfacing cost per CSR Split 50150 C.O. request ignored C & X prep work required BRI's liability $5,490.00 a—M-- $4,540.00 ($2,270-00) ($332.33) $950--0Q $2,887.67 The City should order and direct the work- BR will not be hold liable for any Sher deficiencies- The City should invoice BR for our portion. We feel this proposal continues the, spirit of fairness exhibited throughout the project by our firm. I hope this sheds light on our position and why our initial offer was fair. sincerely, Jobn Kittleson WJ V- - PAGE 05 Vim. 08/28/01 08:24 FAX 7634935193 09/27/2001 16.'41 9522330686 court gu__r�faces & Repair emis Courts tRunniny Tracks , !,Ro,sk&1mff Caum - in-ahe Slow surMcgs A Cdn_w1hn5 6-5 9M LM. NE ne, MN 55449 1865 90th LN NE * Blaine,'MN 55449 ® 763 • Cell: 612 C763) 783-W86 Cell; (612) 586-9171 'Em (763) 785-7929 April 11, �i}O RE.- RESURFACING OF EXISTING TENNIS COURTS — Sunny Hollow Elem. School Thank you for contacting Court Surfaces & Repair regarding your tennis court facility. 1have-workedin the spurt surface industry for over 98 years, and take pride In quality work at an affordable price. J!J - High-pressure vmsb covet surface to remove pialing materials. - High-pressure blow entire surface dean of dirt and debris. - Tack coat courU wMi 83-1 M lack oil to h%sure banding of new appucation matedets. - Patch and bland law areas, ("blrdbathsw) to surrounding surface. - FIR and blend cracks to surface v&h acrylic hinder- - Apply (4 teDdured sandfilled coats of asphalt emulsion to fill remaining surface Imperfections. - ,apply (2) todured acrylic color ouats to the surfs(*. Color to be tight Green / Dark Gruen. - Upon curing apply 2" white regulallon playing lines, * CSR will need a water source supplied near facility location Total mat to eomplete this project Is S 15,490XO. Thispylae abes not Jnclwk t= that may apply. CSR is ftuy insurcifor your Project and WM imm a certtdcaw of bmwm= if reqnaste& Alt wa& hag aoft*yvw Manufam'wwri wan =V on Waled4i; USeCt Jf you hwm xW quesiJiMs ]LeiLw can me W(763)-783-9086. The above price and specffica6m am ssuaWtay aad are Eby accepted_ CSR is authorized ID do the abwm war k spedifie& ftymmt is to be ma tte upon completion of above speciaW wa& Xoic; )x pwoposat AW be wkhdmwnL if wt accepted wMin 15 dzy& - k - - — - a 14 . - t (P et assign a " =4 or m9A / fax one dgwd copy. Fax (763) Than u, 19 caovv) T9 Carlson, CTCM Court Surfacem & Repair Tennis Courts e Running Tracks * Turf courts • Consulting * Repairs i 1 ,, GORDON L. JENSEN* NICOLE M. RITLANDt STEVEN A.SONDRALL WILLIAM C. STRAITt STACY A. WOODS OF COUNSEL LORENSQ.BRYNESTAD *ReatYroperty Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral Attorneys At Law August 7, 2001 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law@jensen-sondrall.com (------- --- ----- --- --------- ----- ---- Mr. Tom Haller ; SENT BY FAX Bituminous Roadways ; TO: 612- 721 -6875 2825 Cedar Avenue South AND BY REGULAR MAIL Minneapolis, MN 55407 '------------------------------- ---- -� RE: Sunny Hollow Park Tennis Court Restoration New Hope, MN City Project No.: 593 Dear Mr. Haller: This letter confirms our earlier telephone discussion regarding the above - referenced matter. As discussed, the City of New Hope has reviewed various bids for the repairs required at Sunny Hollow Tennis Courts. The City has chosen to work with Court Surfaces & Repair, who has provided a bid of $5,490.00 using asphalt emulsion. The quote for the project using an acrylic base (as originally specified) would be $5,890.00. I have enclosed a copy of the bid dated April 11, 2001, which as confirmed with Troy D. Carlson, is still a valid quote. As also discussed, it's the City's position that Bituminous Roadways is responsible for the full cost to repair the courts. The City undertook the project to re- surface the tennis courts so that annual maintenance would not be required. After observing the Sunny Hollow facility and various courts around the City that had also been re- surfaced, it is clear that something went drastically wrong with the Sunny Hollow project. It is my understanding that Bituminous was contacted and made aware of the issues before the expiration of the two -year correction period cited in the contract. Furthermore, review by City Engineers of the actual work performed and of the original specifications for the project reveals that Bituminous failed to follow the specs for the Sunny Hollow project by using an asphalt emulsion base instead of the specified acrylic base. Recent discussions with contractors bidding for the repair project have led the City to the conclusion that the repair should be done using asphalt emulsion. At this time, given the fact that the asphalt emulsion was used the first time around, the acrylic method would be more costly and would require additional work. August 7, 2001 Page 2 In conclusion, the City is anxious to reach a resolution with Bituminous regarding the repair work for the tennis courts. We are tentatively scheduled to have the work completed by Court Surfaces & Repair in late September. Please contact me once you have had an opportunity to discuss this proposal with Mr. Kittleson. Very truly yours, N��� Q —'/ icole M. Ritl Assistant City Attorney JENSEN & SONDRALL nmrt( iensen- sondrall.corn After Hours Extension #130 Enclosure cc: Shari French, Park and Rec Director, City of New Hope Steven A. Sondrall, City Attorney, City of New Hope CNH -99 .53060 -Ltr to Tom Hallecwpd 05/18/2001 11:06 9522330626 Troy D. Carlton, V3 Co urt 5u faces & Repair • rarls Courts !.Atran5 7 • Basketball Courts • In-Line Skate Surfaces • Cons drg 65 90tf'i U1. NF Arne, IM 55449 (763)783 - 8086 Ceff: (612)`$6-9171 Fax_ (763) ' 85 -7929 April i i , 2001 BIT RMN'S 3= PAGE 02 got orm Jt365 90th LN NE: • Blaine, MN 554+49 - 763- 783 -6086 - Celt: 612- 386 -9179 RE: RESURFACING OF EXISTING TENNIS COURTS — Sunny Hollow Elern. School Thank you for contacting Court Surfaces & Repair reganJing your tennis court facility. I have worked in the sport surface industry for over 18 years, and take pfide In quality work at an affordable price, The Process to resurface extsting courts is as foilows - Higb- pressure wash court surface to remove pealing materials. - High - premium blow entire surface Clean of dirt and debris. - Tack coat courts with 33 H sack oil to insane bonding of new appileadon materials. - Patch and bland low areas, Cbirdbathso to surrounding surface, Ft) and blend cracks to surface with acrylic binder_ Apply (2) textured sandfilled coals of asphalt emulsion to fill remaining surface imperfections. - Apply (2) textured acrylic color coats to the surface. Color to be Light Green / Dark Green. - Upon curing apply 2• white regulation playing lines. • CSR will need a water source supplied near facility location Total cost to complete this project is $ 5,x90,00. 'his price does not include rax rlrgt may apply CSK is hilly insured for your project arid. will issue a certificate of msazz = if = g nasmA A ll work has a oue. -year mcrrufacturrm warranty on materials used If you have any gaesttons please eaD me x(763) - 783.80$6, The abov price and speczfxca�ious = &absfamry and are hexcby accepted CSR is authorized to do the above - work spmifir4 Payment is to be made upon compietiort of above specified work- Nate: This prnpnsal may be withdrawn if not accq*md within 15 days. Date Accepted 1 1 5igasturc (Please asuga a P'O# and or mail 1 f= one signed cagy- Fax (763)- 785 - 7929.5 Thant- u, Trey D. Carison, CTCB Court Surfaces & Repair r• a- Tenni> Courts Running Tracks Turf Courts Consulting Repairs • , , 9 GORDON L. JENSEN C. ALDEN PEARSONf NICOLE M. RITLAND I STEVEN A.SONDRALL WILLIAM C. STRAITf STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certifiel By The Minnesota State Bar Asoconion 'Quaiiflied ADR Neutral Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e-mail law @j ensen- sondrall.com t g July 3, 2001 Bonestroo, Rosene, Aderlik & Assoc. Attn: Vince VanderTop 2335 `Vest Highway 36 St. Paul, MN 55113 RE: Sunny Hollow Park Tennis Courts New Hope, MN City Project No. 593 Your File No. 34205 Dear Mr. VanderTop: I have been trying recently to contact you regarding the status of the Sunny Hollow Park 'Tennis Court re- surfacing. Please contact me with your thoughts regarding a comparison of the quotes received so far so that I may contact Bituminous Roadways and move ahead on this project. Further, please let me know whether the quotes contemplate using the acrylic base that should have been used the first time around according to our specs. I look forward to hearing from you. Very truly yours, Nicole M. Ritland JENSEN & SONDRALL,P.A. nnlr;ra lcnse n -so ud ral l . c om After Hours Extension X130 cc: Shari French Steve Sondrall CAH99.53OW —L.trto VanuerTop.wnd ENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law @jensen- sondrall.com GORDON L. JENSEN C. ALDEN PEARSONt NICOLE M. RITLANDt STEVEN A.SONDRALL WILLIAM C. STRAITt STACY A. WOODS OF COUNSEL LORENSQ.BRYNESTAD *Real Property Law Specia:ist Certified BY The Minnesota State Bar Association tQualined ADR Neutral March 2, 2001 Mr. John Kittleson Bituminous Roadways, Inc. 2825 Cedar Avenue So. Minneapolis, MN 55407 Re: Sunny Hollow Park Tennis Court Reconstruction New Hope, MN City Project No.: 593 Our File No.: 99.53060 Dear Mr. Kittleson: It appears you have not responded to my January 15, 2001 letter (see copy enclosed) concerning the City of New Hope's request for resurfacing of the Sunny Hollow Park Tennis Courts. May I please have the courtesy of a response to my letter. Very truly yours, Steven A. Sondrall New Hope City Attorney JENSEN & SONDRALL, P.A. Enclosures cc: Vince Vandertop - Bonestroo, Rosene, Anderlik & Associates, Inc. ,Jpseph Illetschko - Bonestroo, Rosene, Anderlik & Associates, Inc. .Shari French - City of New Hope Guy Johnson - City of New Hope CbIH99.53060.002•Kittleson Ltrwpd • t • • c Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail lawoajensen- sondrall.com GORDON L. JENSEN* STEVEN A.SONDRALL WILLIAM C. STRAITt C.ALDEN PEARSONt NICOLE M. RITLAND OF COUNSEL LORENS Q. BRYNESTAD •Real Property Law Specialist Certified By The Minnesota State Bar Association +qualified ADR Neua a! January 15, 2001 Mr. John Kittleson Bituminous Roadways, Inc. 2825 Cedar Avenue So. Minneapolis, MN 55407 �i�U L Re: Sunny Hollow Park Tennis Court Reconstruction New Hope, MN City Project No.: 593 Our File No.: 99.53060 Dear Mr. Kittleson: I am the New Hope City Attorney. I have been asked to contact you regarding defective work issues relating to your firm's contract with the City of New Hope in connection with the resurfacing of the Sunny Hollow Park Tennis Court. I am enclosing in this letter a March 30, 2000 letter written to you by Joseph Illetschko from the Bonestroo engineering firm describing the problem. It is my understanding the requested corrective work has not been performed. It is the City's position these repairs to the Sunny Hollow Park Tennis Court should be made. Please let me know what your firm's intentions are about performing this work in the upcoming construction season. I will wait to hear from you. Very truly yours, Steven A. Sondrall New Hope City Attorney JENSEN & SONDRALL, P.A. Enclosure cc: Vince Vandertop - Bonestroo, Rosene, Anderlik & Associates, Inc. (w /enc.) oseph Illetschko - Bonestroo, Rosene, Anderlik & Associates, Inc. (w /enc.) Shari French - City of New Hope (w /enc.) Guy Johnson - City of New Hope (w /enc.) CNA99, 53060 -001 - Kittleson Ltr.orod Sonestroo, Rosene. Ande and Associates. A_ do Affirmarrve Action, 'Equal Opportunity Employer - :nctp..ds: Otto G. Soneruoo. PE. • Joseph C. Anderlik, PE • Morvrn L. Sorvala, PE. Glenn R. Cook, PE • Robert G. Schunichr. PE. • Jerry A. Bourdon, PE, Robert W Rosene, RE., Ricnard E. turner, P.E. and Susan .M Eberhn, C.PA., Senior Consultants Associate Poncrpals Howard A Sanford, PE. • Keith A. Gordon. PE. • Robert R. Pfefferle, P.E. Richard W Foster. PE. • David O Loskota, PE. • Robert C. Russek. A I.A.. Mark A. Hanson, RE. Michael r. Rautmann, RE. • Ted K.Field. PE. • Kenneth P Anderson, PE. • Mark R. Rolfs, P.E. Sidney P. Williamson, PE_ LS • Robert F. Kotsmlth - Agnes M. Ring • Allan Rick Schmidt. PE. Offices: St. Paul, Rochester. Willmar and St. Cloud. MN • Milwaukee, WI Websrte: www.bonestroo com March 30, 2000 Mr. John Kittieson Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN 55407 RE: Sunny Hollow Park Tennis Court Reconstruction New Hope, MN City Project No. 593 BRA File No. 34208 Dear Mr. Kittleson: Representatives from New Hope and our office recently inspected the Sunny Hollow Tennis Court project that your firm constructed in 1997. Our inspection showed the following: The surface coating was not installed in accordance with the manufacturer specifications. The surface was obviously dirty and not cleaned before the surface coat material was applied (see attached photos). As a result, the existing surface coat is peeling. The bituminous surface around the tennis posts is cracking and showing signs of differential settlement due to the fact the old tennis posts were not properly removed (see attached photos). In accordance with the specifications and warrant requirements by the manufacturers, the following corrective work is required: The existing surface coat shall be sandblasted and completely cleaned. The cracking shall be filled with an acceptable sealer. Settlements shall be corrected by an acceptable leveling coat. Furnish and apply a new surface coat. Please review and call me at this office (651- 604 -4800) to review the corrective work. The scheduling of the corrective work will be coordinated with the New Hope Parks and Recreation Department during the 2000 construction season. Yours very truly, BOrSTROO, ROSENE, ANDERLIK & ASSOCIATES, 2qC. Joseph K. Illetsehko JKI:crvti cc: Shari French, Tom Schuster, Guy Johnson — New Hope MAH, VTV — Bonestroo Rosene Anderiik 2335 West Highway 36 ® St. Paul, MN 55113 ® 651 - 636-4600 ® Fax: 651-636-1311 JA Bonestro Rosene Bidder Total Base Bid Address Telephone No. lul Anderiik & Associate City, State, Zip Fax No. Engineers &Architects ADDENDUM NO. 1 1997 COURT IMPROVEMENTS SUNNY HOLLOW PARK FILE NO. 34208 NEW HOPE, MINNESOTA June 3, 1997 Opening Time: 11:30 A.M., C.D.S.T. Opening Date: Wednesday, June 4, 1997 Addendum No. 1 SPECIFICATIONS: Proposal: Item #4 - Delete the word "granular ". Section 02830.2.01.13, - Change foundation depth for all posts to 5' -0 ". Change foundation diameters to 12 ". Drawings: Sheet 4 Detail A/4 - Change depth of fence post footings to 5' -0 ". Detail B/4 - Change depth of net post footings to 5' -0 ". Depth of net posts shall be 4' -6 ". If you have questions on this project, please call Randy Neprash at 604 -4703. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 2335 WEST HIGHWAY 36 ST. PAUL, MINNESOTA 55113 (612) 636 -4600 34208Add1 SUNNY HOLLOW PARK FILE NO. 34208 11EIVAOPE, 1997 Index Advertisement for Bids Proposal Special Provision� Conditions of the Contract I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota, , IM 34208 Q 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. Sealed bids will be received by the City of New Hope, Minnesota at the City Hall, at 4401 Xylon Avenue, until 11:30 A.M., C.D.S.T., on Wednesday, June 4, 1997, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 1997 Court Improvements - Sunny Hollow Park Demolish and remove existing paving and fencing for three tennis courts. Furnish and install new paving and fencing for three tennis courts with miscellaneous site improvements and appurtenances. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope, Minnesota, and at the office of Bonestroo, Rosene, An&,rlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, , 1 612) 636-4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5%) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of forty-five (45) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates, Inc., upon payment of $20.00. The C'.Ly Council reserves the right to reject any and all bids, to waive irregularities and informalities thereiL qnd further reserves the right to award the contract to the best interests of the City. Daniel Donahue, City Manager City of New Hope, Minnesota 34208 Copyright 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 1. BID PROPOSAL: Each planholder has been furnished a specificati6n, plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "BID, Copy Th Proposal containing the bid shall be submitted in a sealed envelope. NI.Vn7(7rT#T* I mrn 1) Plans and specifications shall only be available on a non-refundable, per plan basi with all contractors and vendors being charged the same. Planholders may obtain more than one set of plans and specifications for the stipulated amount, however, are non-refundable. I 2) The amount for the bid package will be stated in the Advertisement for Bids. 3. INDIVIDUAL DRAWINGS AND SPEC SHEETS: _ Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0.25) per sheet of specifications for which no refund will be made. Mbradm\genw"omation to Bidders 1/97 1997 COURT IMPROVEMENTS: SUNNY HOLLOW PARK CITY PROJECT NO. 593 FILE NO. 34208 NEW HOPE, MINNESOTA 1997 Opening Time: 11:30 a.m., C.D.S.T. Opening Date: Wednesday, June 4, 1997 Honorable City Council City of New Hope 4401 Xylon Av N New Hope MN 55428 Dear Council Members: The undersigned, being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied the plans and specifications for the work including Addenda Nos. 1 and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the plans and specifications on file with you and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113, as follows: No. Item Base Bid 1 Demolish & remove ex. paving & fencing 2 Site grading and final shaping 3 Bituminous paving, Incl. aggregate base 4 Court paving, incl. aggregate base, granular, and bituminous paving 5 Chain link fencing including gates 6 Color coating & court line marking 7 Granular borrow 8 Tennis posts and net (set) 9 Topsoil borrow 10 Sod Unit Qty. Unit Price Total Price LS 1 6,300.00 6,300.00 LS 1 1,500.00 1,500.00 SY 55 11.50 632.50 SY 2,142 10.10 21,634.20 LF 552 20.50 11,316.00 SY 2,142 1.70 3,641.40 CY 765 12.85 9,830.25 EA 3 600.00 1,800.00 CY 100 8.00 800.00 SY 620 4.00 2,480.00 34208 \CONTRACT.WB2 Page 1 11 Silt fence, installed maintained, and removed LF 50 4.00 200.00 12 4" draintile and piping, including excavation, backfill, compaction, and washed drainage rock LF 300 7.00 2,100.00 13 Curb cut and new pedestrian ramp EA 1 2,100.00 2,100.00 Total Base Bid $64,334.35 Alternate #1 PVC coating on chain link fencing (only additional cost due to adding PVC coating to base bid chain link fencing) LF 552 10.60 $5,851.20 34208 \CONTRACT.WB2 Page 2 The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefore, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefore. Accompanying this bid is a bidder's bond certified check, or cash deposit in the amount of five percent (5 %) of amount bid , which is at least five percent (5 %) of the amount of my /our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me/us. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, (A Corporation) Bituminous Roadways, Inc. (An Individual) Name (A Partnership) Signer Vice President Title Tom Haller Printed Name of Signer 34208 \CONTRACT.WB2 Page 3 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA } COUNTY OF WASHINGTON I W On this 184h day of 1997, before me appeared ROBERT J. RATH to be known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney-in-Fact of the UNITED FIRE & CASUALTY COMPANY a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was 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. M ANN % . GA%"�"NER Notary Public, - �VAJ 'NN so WETAV P(J'SLIC - MINNHOTA (No ary Seal) T MY COMMISSION 31, EXPI My P�IS JANUARY 31, 2000 000 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA to CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) ,NOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing Inder the laws of the State of Iowa, and having its Principal office in Cedar Rapids, State of Iowa, does make, constitute and PPoint M. GLENNON, OR CRAIG REMICK, OR MARY E. NELSON, OR ROBERT J RATH, OR ANN M. GAGNER, OR NATHAN P. HUGHES, OR TONY D. BECKER, ALL INDIVIDUALLY i f 2100 LASALLE PLAZA MINNEAPOLIS MN 55402 :s true and lawful Attorney(s) - in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all awful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS nd to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by ie duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority ereby given are hereby ratified and confirmed. The Authority hereby granted shall expire JULY 23rd 1998 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the loard of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings. Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney -in -fact. Of0a8,,,y, CORPORATE .r �4mauu' IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 23rd day of JULY A.D. 1996 tate of Iowa, County of Linn, ss: 3219B (REV. 7 -96) UNITED FIRE & CASUALTY COMPA Y By W President Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOIV. This is to Certify that BITUMINOUS ROADWAYS, INC. Name and LIBERTY 9050 JEFFERSON TRAIL W. address of MUTUAL- INVER GROVE HEIGHTS, MN 55077 Insured. L_ the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their s, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be Id TIONAL COMMENTS SUNNY HOLLOW PARK COURT IMPROVEMENTS. DITIONAL INSURED: CITY OF NEW HOPE; BONESTROO, ROSENE, ANDERLINK AND ASSOCIATES. IS CERTIFICATE VOIDS & SUPERSEDES CERTIFICATE DATED 6-17-97. � certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced bofore the certificate expiration date. kL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS ' LIGATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE Liberty Mutual Group 'ATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED I THE ABOVE POLICIES UNTIL AT LEAST -30- DAYS OF SUCH CANCELLATION HAS BEEN MAILED TO: F 465 JE CITY OF NEW HOPE Daniel Bilancia 4401 XYLON AVE AUTHORIZED REPRESENTATIVE NEW HOPE MN 55427 Minneapolis, MN (800) 328-0705 06/24/97 OFFICE PHONE NUMBER DATE ISSUED �rtificate is executed by LIBERTY M UTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 EXP. DATE CONTINUOUS PE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS OMPENSATION COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident $500,000 Each Accident 4-1-98 WC5 -1 41- 431 733 -01 7 MN. Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person :_NERAL General Aggregate - Other than Products/Completed Operations ABILITY $2,000,000 Products/Completed Operations Aggregate $1,000,000 OCCURRENCE 4-1-98 YY7-141-431733-047 CLAIMS MADE Bodily Iniury and Propeitv Damage Liability Per $1,000,000 Occurrence RETR Personal Injury Per Person/ $1,000,000 Organization Other Fire Legal _To Liability $50,000 perfire. O ther Medical Payments twr $5,000 per person. AUTOMOBILE LIABILITY Each Accident - Single Limit $1,000,000 B.I. and P.D. Combined OWNED Each Person NON-OWNED 4-1-98 AS7-141-431733-037 --- Each Accident or Occurrence HIRED --- Each Accident or Occurrence R ESS UMBRELLA Ar 19. TH 027 $1,000,000 FACH OC-( $1,000,000 GENERAL AGGREGATE. 31LITY $1,000,000 PRO DUCTS /CO MPLETED OPERATIONS AGGREGATE TIONAL COMMENTS SUNNY HOLLOW PARK COURT IMPROVEMENTS. DITIONAL INSURED: CITY OF NEW HOPE; BONESTROO, ROSENE, ANDERLINK AND ASSOCIATES. IS CERTIFICATE VOIDS & SUPERSEDES CERTIFICATE DATED 6-17-97. � certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced bofore the certificate expiration date. kL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS ' LIGATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE Liberty Mutual Group 'ATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED I THE ABOVE POLICIES UNTIL AT LEAST -30- DAYS OF SUCH CANCELLATION HAS BEEN MAILED TO: F 465 JE CITY OF NEW HOPE Daniel Bilancia 4401 XYLON AVE AUTHORIZED REPRESENTATIVE NEW HOPE MN 55427 Minneapolis, MN (800) 328-0705 06/24/97 OFFICE PHONE NUMBER DATE ISSUED �rtificate is executed by LIBERTY M UTUAL GROUP as respects such insurance as is afforded by Those Companies BS 772L R2 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA I COUNTY OF WASHINGTON I ss On this /6'M day of 1997, before me appeared ROBERT J. RATH to be known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney-in-Fact of the UNITED FIRE & CASUALTY COMPANY a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was 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. ANN M, GAG ER Notary Public, NOTARY PUBLIC • MINNESOTA ( Not 6,ry Seal) MY COAANSSION EXPIRES JANUARY 31,2000 UN ITED FIRE & CA SUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) N ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and nt M. GLENNON, OR CRAIG REMICK, OR MARY E. NELSON, OR ROBERT J RATH, OR ANN M. GAGNER, OR NATHAN P. HUGHES, OR TONY D. BECKER, ALL INDIVIDUALLY of 2100 LASALLE PLAZA MINNEAPOLIS MN 55402 its true and lawful Attorney(s) —in —Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire JULY 23rd 1998 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By —Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings. Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint by written certificates attorneys -in -tact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-tact. `, � aorrro C0tP0AAtt 0 SEA *o r �a, � � �ddrBdrlU' ®,`, IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 23rd day of JULY A.D. 1996 mate of lows, County of Linn, ss: 3219B (REV. 7 -96) UNITED FIRE & CASUALTY COMPANY By W President