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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 TO: R >� 1:RFA \P &R \Parks \fina1679 Theatre Concrete.doc N4L" Depi of Revenue Withholding! Mfidavit '§�Qr Onrarc'�aors Its c0w_ OPPOved by KO Mirir,c -soft DeijaltMellt C'� Z.Vhn LefOfe Ole J?Qtc Or' I con, n)o.ka f, L I oym nt to 'Or)frOc%)rs 0 , , Or q5 ,�� n� p e hams of _o Racrt,r '. 10 Ht'(t C y U Jul ,ny WOK Cr 00 J" f if:Z 34 njvd vem comhad by rw El".YMUN :0 SONSHOM YOU Qu . ! r' bt; )" q am Wd :"Vow % 0, I,u j j7_­ tt, O apj to 0 "Ohw n" "Qu i f I j Q a., LO]Vrjct�'"! onj to (�6 Co. 'ocr'rc WT anon, Ma $[. Certificate of CQmplionce 1 MAN mat th contccio, '.rrho h' � h y q q Nwow 90.v av j NO 07 v j- �-Kwj ; — .,,rl'�..-Jding ne&o!a ircom�' RGM WOU. p6d to am; je, Ag 1") :GiAtrocr SUr"kv 'MA On owe a Swo so invor A sAdMIMS, Dole 2001 _4WI �4 1 i /95� fW.—D N4, ;j. - th coirpio,",- C� Form_ " DoYIIM'3 ph:(uc 9 T� N, )o, hu A�d ' MY o " check s _ a nd fill vn"j Sole contractor hams of _o Racrt,r '. 10 Ht'(t C y U Jul ,ny WOK Cr 00 J" f if:Z 34 njvd vem comhad by rw El".YMUN :0 SONSHOM YOU Qu . ! r' bt; )" q am Wd :"Vow % 0, I,u j j7_­ tt, O apj to 0 "Ohw n" "Qu i f I j Q a., LO]Vrjct�'"! onj to (�6 Co. 'ocr'rc WT anon, Ma $[. Certificate of CQmplionce 1 MAN mat th contccio, '.rrho h' � h y q q Nwow 90.v av j NO 07 v j- �-Kwj ; — .,,rl'�..-Jding ne&o!a ircom�' RGM WOU. p6d to am; je, Ag 1") :GiAtrocr SUr"kv 'MA On owe a Swo so invor A sAdMIMS, Dole 2001 _4WI �4 1 i /95� fW.—D N4, TI–I A og RK-05- AVIV T� N, )o, hu A�d check s _ a nd fill 0(1,nrorrrctio reqvasred. Sole contractor Subcontractor hams of _o Racrt,r '. 10 Ht'(t C y U Jul ,ny WOK Cr 00 J" f if:Z 34 njvd vem comhad by rw El".YMUN :0 SONSHOM YOU Qu . ! r' bt; )" q am Wd :"Vow % 0, I,u j j7_­ tt, O apj to 0 "Ohw n" "Qu i f I j Q a., LO]Vrjct�'"! onj to (�6 Co. 'ocr'rc WT anon, Ma $[. Certificate of CQmplionce 1 MAN mat th contccio, '.rrho h' � h y q q Nwow 90.v av j NO 07 v j- �-Kwj ; — .,,rl'�..-Jding ne&o!a ircom�' RGM WOU. p6d to am; je, Ag 1") :GiAtrocr SUr"kv 'MA On owe a Swo so invor A sAdMIMS, Dole 2001 _4WI �4 1 i /95� fW.—D N4, 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+.�.