IP #704For valuable consideration as set forth below, this contract dated the 23rd day of August 2001, is made
and signed by the City of New Hope (hereinafter "City ") and Sports Technology, (hereinafter "Contractor ").
CONTRACT DOCUMENTS
The Contractor hereby promises and agrees to perform and comply with all the provisions of this
Contract and the Contractor's Proposal, all of which are incorporated hereby by this reference. This
Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim
by any party to the other shall affect or modify any of the terms or obligations contained in this
Contract.
2. THE WORK
The work to be performed by Contractor under this Contract (hereinafter the "Work ") is defined in
Exhibit A (Contractor's Proposal). Any modifications to the work defined in Exhibit A will be made in
writing.
3. CONTRACT PRICE
The City agrees to pay the contractor $14,002.00 for removal of the old lighting and installation of the
new Musco Sports Lighting System.
Contractor will be charged liquidated damages assessed in the amount of $50 per day for every
calendar day that the contract remains uncompleted beyond the 19 day of October 2001.
Total amount to be paid to the Contractor under this contract shall not exceed $14,002.00.
4. COMPLETION DATE
Contractor shall complete their performance under this Contract by the 19' day of October
2001 (hereinafter "Completion Date ").
INSURANCE /BOND
Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain
the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms,
showing the following insurance coverage and listing the City as a loss payee under the policies:
a. General Contractor Liability: $1,000,000.00
b. Automobile Liability for all Automobiles: $1,000,000.00
c. Workman's Compensation: Statutory Amounts
This certificate must provide for the above coverages to be in effect from the date of the
Contract until 30 days after the Completion Date and must provide the insurance coverage will
not be canceled by the insurance company without 30 days written notice to the City of intent
to cancel. The certificate must further provide that the contractor's insurance coverage is
primary coverage not withstanding any insurance coverage carried by the City that may apply
to injury or damage relating to the maintenance or repair of City owned property by either the
City or any employee, agent, independent contractor or any other person or entity retained by
the City to perform the services described herein.
TS\ Bid Requests \ 2001 \ Athletic Field Lighting\ Contract
2001
CITY OF NEW HOPE
CONTRACT FOR
REPLACEMENT AND
INSTALLATION OF A NEW
H��
LIGHTING SYSTEM AT THE
NEW HOPE ATHLETIC
FIELD
For valuable consideration as set forth below, this contract dated the 23rd day of August 2001, is made
and signed by the City of New Hope (hereinafter "City ") and Sports Technology, (hereinafter "Contractor ").
CONTRACT DOCUMENTS
The Contractor hereby promises and agrees to perform and comply with all the provisions of this
Contract and the Contractor's Proposal, all of which are incorporated hereby by this reference. This
Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim
by any party to the other shall affect or modify any of the terms or obligations contained in this
Contract.
2. THE WORK
The work to be performed by Contractor under this Contract (hereinafter the "Work ") is defined in
Exhibit A (Contractor's Proposal). Any modifications to the work defined in Exhibit A will be made in
writing.
3. CONTRACT PRICE
The City agrees to pay the contractor $14,002.00 for removal of the old lighting and installation of the
new Musco Sports Lighting System.
Contractor will be charged liquidated damages assessed in the amount of $50 per day for every
calendar day that the contract remains uncompleted beyond the 19 day of October 2001.
Total amount to be paid to the Contractor under this contract shall not exceed $14,002.00.
4. COMPLETION DATE
Contractor shall complete their performance under this Contract by the 19' day of October
2001 (hereinafter "Completion Date ").
INSURANCE /BOND
Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain
the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms,
showing the following insurance coverage and listing the City as a loss payee under the policies:
a. General Contractor Liability: $1,000,000.00
b. Automobile Liability for all Automobiles: $1,000,000.00
c. Workman's Compensation: Statutory Amounts
This certificate must provide for the above coverages to be in effect from the date of the
Contract until 30 days after the Completion Date and must provide the insurance coverage will
not be canceled by the insurance company without 30 days written notice to the City of intent
to cancel. The certificate must further provide that the contractor's insurance coverage is
primary coverage not withstanding any insurance coverage carried by the City that may apply
to injury or damage relating to the maintenance or repair of City owned property by either the
City or any employee, agent, independent contractor or any other person or entity retained by
the City to perform the services described herein.
TS\ Bid Requests \ 2001 \ Athletic Field Lighting\ Contract
Athletic Field Lighting Contract
Page 2
The Contractor shall furnish Performance and Materials /Labor Bonds, each in an amount at least
equal to the Contract Price as security for the faithful performance and payment of all Contractor's
obligations under the Contract Documents. These Bonds shall remain in effect at least until one year
after the date of final payment, except as otherwise provided by law. All Bonds shall meet the
requirements of Minnesota law and be executed by such Sureties as (A) are licensed to conduct
business in the State of Minnesota, and (B) are named in the current list of "Companies Holding
certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the
authority to act.
If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in the State of Minnesota or it ceases to meet the requirement of
clauses (A) or (B) in the previous paragraph, Contractor shall within five days thereafter substitute
another Bond and Surety, both of which shall be acceptable to City. All bonds and insurance are
subject to the review and approval of the New Hope City Attorney.
6. LAWS REGULATIONS AND SAFETY
The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations
applicable to performance under this Contract.
INDEMNIFICATION
The Contractor shall indemnify, defend and hold the City, its officers, officials, employees, and
agents harmless from any and all claims, demands, actions, causes of action, damages,
fines, penalties, losses, liabilities, judgments and expenses, including costs and attorney's
fees, arising out of or in connection with any act or omission on the part of the Contractor, its
agents, officers, or employees, in the performance of any of the Work or services performed
or furnished by the Contractor under this Contract.
8. ASSIGNMENT
The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of
its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the
City, which consent shall be in the sole discretion of the City.
9. NOTICE
The address and telephone number of the Contractor for purposes of giving notices and any
other purpose under this contract shall be Address: PO Box 27231, Golden Valley, MN
55427, Telephone Number: 763 533 -2030.
The address and telephone number of the City for purposes of giving notices and any other
purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428.
(763) 531 -5100. The contact person for this contract is Tom Schuster, Contract Manager
(763) 533 -4823, ext. 13.
TS\ Bid Requests \ 2001 \ Athletic Field Lighting\ Contract
Athletic Field Lighting Contract
Page 3
IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the
day and year first above written.
Cl
a
a
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this day of DeC-. , 2001, by W. Peter
Enck and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a
Minnesota municipal corporation, on behalf of said municipal oration.
Notary Public
VALERIE J. LEONE
NOTARY PUBLIC- MINNESOTA
MY Commission Expires Ja r
Jan. 31,203
CONTRACTOR
By
Is — Representative
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN
The floregoin wa, s acknowledged before me or) thisday o 2001, by
of H I S on behalf of
g
Notal Public
TS\ Bid Requests 12001 \Athletic Field Lighting\ Contract
COUNCIL
1:RFA \P &R \Parks \fina1679 Theatre Concrete.doc
REQUEST FOR ACTION
H OQ�
Originating Department
Approved for Agenda
Agenda Section
Parks & Recreation
December 10, 2001
Consent
Item No.
By: Shari French
By:
6.11
MOTION TO ACCEPT IMPROVEMEN PROJECT NO. 704 (REPLACEMENT AND INSTALLATION OF A
NEW LIGHTING SYSTEM FOR THE SOFTBALL /FOOTBALL FIELD AT NEW HOPE ATHLETIC FIELD) AND
APPROVE FINAL PAYMENTS
REQUESTED ACTION
Staff is recommending that the Council accept Improvement Project 704 and approve final payments for
materials to Musco Sports Lighting, Inc. and for removal of old lighting and installation of new lighting from
Sports Technology. The total amount approved by Council on August 13, 2001 was $42,267. The City will
issue final payment when all appropriate paperwork has been received to close out this project.
BACKGROUND
The two ballfields at New Hope Athletic Field were built in 1974. The lighting system on the baseball field was
replaced in 1995 at a cost of $58,000, plus engineering. The fixtures on the softball /football field were in need
of replacement as they neared 30 years old. The foot - candle recommendation for a ballfield was 30 foot -
candies in the infield and 20 foot - candles in the outfield. The light level at this field was tested in 1998 and
showed 13 foot- candles in the infield and 14 foot - candles in the outfield, which was obviously insufficient. It
was further recommended that the maximum to minimum light ratios not exceed 3 to 1. The infield lighting in
1998 in terms of ratio of maximum to minimum was pretty good, however, the softball outfield ratio was 5 to 1
and the football field portion was 7 to 1.
FUNDING
The 2001 Park CIP contains $30,000 for this project. in August 2001 Council approved $12,267 be
reallocated from the Parks 2001 CIP to cover the rest of the cost of this project. Final cost includes basically
no cost for engineering as plans and specifications were not needed for this project. City staff managed the
project rather than the engineers.
MOTION SECOND
BY t BY e 2
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November 30, 2001
City of New Hope
Mr. Steve Ellingson
4401 Xylon Ave. North
New Hope, MN 55428
RE: 10 Club ServieeTM Information
Dear Steve,
877/TER
877/836 -2582
I've enclosed the 10 Club Service warranty agreement for your project and a copy of the
certificate of insurance.
Thank you for purchasing your new sports - lighting system from Musco Lighting. We appreciate
your business and confidence in our team. With decades of experience, Musco's sports - lighting
innovations make your Light- Structure 2TM system the best in the industry.
Your system is backed by 10 Club Service, Musco's comprehensive 10 -year warranty program,
which assures worry -free lighting season after season — for you, your facility, and your
community — for the next 10 years. Your 10 Club Service includes:
• One complete group lamp replacement
• Regular monitoring of your lighting equipment
Preventative and spot maintenance as needed, including parts and labor
Insured warranty fulfillment underwritten by a top -rated insurance company
For customer service, please contact Todd Kirby via phone, fax or email. Todd's contact
information is on your 10 Club Service card with your facility name and project number recorded
on the back. Please have this information ready when you call for service.
We look forward to working with you over the next 10 years.
Sincerely,
Rob Stiles
Customer Service Coordinator
P.S. If you have a fixture outage, please check first to see if a fuse has blown. Spare fuses and a
fuse puller are located in the lowest numbered electrical components enclosure.
l
Musco Lighting, Inc. • 100 1st Avenue West , Oskaloosa, Iowa 52577 • 515/673 -0411 - WW4Iv.musco.com
G l ow M
MUS /0 " Sm44ce;
•
10-Year Warranty Program
Joe , President
Musco Lighting Inc.
For the next 10 years, Musco Lighting, Inc. will provide all materials and labor to maintain the
operation of Light - Structure 2 to original design criteria, including accurate alignment of the
luminaires. 10 Club Service" includes complete lamp replacement; regular monitoring;
preventative and spot maintenance; and insured warranty fulfillment.
Complete Lamp Replacement
Lamps are group replaced at the end of useful lamp life, or at the end of the 10 -year warranty as provided in
your contract.
Individual lamp outages are repaired when one of these events occur:
1. More than 10% of the lamps are out on any one field
2. Lamp outages materially impact the usage of any field
Regular Monitoring
Regular monitoring of your lighting equipment assures your system is always ready to perform.
Preventative
Preventative and spot maintenance will be provided as needed, including parts and labor. Musco provides
toll -free access to our warranty department for prompt attention.
Customer may be charged a fee for repairs necessitated by vandalism; major storms and lightning; failure of
owner's electrical service; unauthorized repairs or alterations; or repairs to any non -Musco manufactured
product. No expenditures will be charged without advising and receiving customer authorization.
N I1' • i
Musco is responsible for and directly provides the warranty services set out in the 10 Club Service. To further
assure full compliance with this warranty, Musco will provide the Owner with a signed Certificate of Insurance
which guarantees the comprehensive 10 Club Service for the full 10 year period. The insurance policy is fully
funded on an actuarially sound basis and underwritten by a top -rated insurance company.
— See contract on the other side for details on extent of coverage —
1998, 2000 Musco Lighting, Inc. - lmcc3
H CO „. ”
OA TE IMM/DD/YY)
art 01 /18/0
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER 515- 223 -6800
Holmes Murphy & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 9207
COMPANIES AFFORDING COVERAGE
Des Moines, IA 50306 -9207
COMPANY
A Steadfast Insurance Company
INSURED
COMPANY
Musco Sports Lighting, LLC
B
P.O. BOX 808
COMPANY
Oskaloosa IA 52577
C
COMPANY
D
C VERcE.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
c0 i TYPE OF INSURANCE
LTR
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM /DD/YY)
POLICY EXPIRATION
DATE (MM /DD/YY)
LIMITS
A ( GENERAL
LIABILITY
WAR359105302
Date of
10 Years
GENERAL AG
i 5 1000000
PRODUCTS - COMP /OP AGG
S
COMMERCIAL GENERAL LIABILITY
Install
From the
I
CLAIMS MADE 7 OCCUR
( Date of
PERSONAL & ADV INJURY
_
$
OWNER'S & CONTRACTOR'S PROT
Install
EACH OCCURRENCE
$ 1000000
FIRE DAMAGE (Any one fire)
$
MEO EXP (Any one person)
i$
AUTOMOBILE
LIABILITY
!—'
ANY AUTO
COMBINED SINGLE LIMIT '
S
BODILY INJURY $
IPer person,
ALL OWNED AUTOS
SCHEDULED AUTOS
I
BODILY INJURY S
(Per accident)
,—{
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE I $
i
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT 1 S
ANY AUTO
_
OTHER THAN AUTO ONLY:
EACH ACCIDENT i $
I
AGGREGATE 1 $
EXCESS LIABILITY
EAC OCCURRENCE ! $
i
UMBRELLA FORM
_
AGGREGATE $
j S
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I
WC STATU
T 1
RY LIMITS E - CER
EL E ACH ACCIDENT i $
THE PROPRIETOR/ INCL
PARTNERS /EXECUTIVE
EL DISEASE - POLICY LIMIT i $
-
EL DISEASE - EA EMPLOYEE j $
OFFICERS ARE: EXCL
OTHER
I
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS
RE: 10 -Club Warranty
CERTI1=tCA1' �46CAC3Ft ... ' . .. ........ .. ....... ...: .... .... :... ..........
.. .AF111£
E/'t 1L311t ., , ...`:
TO WHOM IT MAY CONCERN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF Y KIND LIPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTH 1 E E ES ATIV
M. S{i!.,i;Y,'+i
,3ii{4,.,'.,EFG+.�.