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IP #840PROJECT NO. 840 Park Shelter Roofs Res. 08-73 4/28/08 Resolution approving plans and specifications and authorizing advertisement for bids for park shelter roofs renovation project (improvement project #840) Res. 08-102 6/23/08 Resolution awarding contract to Merit Building Co. Inc. for the 2008 park shelter roof renovation project (improvement project no. 840). ($74,756 — part 1 plus alts 1 & 4). Res. 08-147 10/27/08 Resolution approving change order nos. 1, 2, 3, and 4 for the 2008 Park Shelter Roof Renovation project (improvement project no. 840) Res. 08-165 12/8/08 Resolution approving change order nos. 5, 6, and 7 for the 2008 Park Shelter Roof Renovation project (improvement project no. 840). Res. 09-23 1/26/09 Resolution approving change order nos. 8, 9, 10, and 11 for the 2008 Park Shelter Roof Renovation project (improvement project no. 840) Res. 09-24 1/26/09 Resolution approving final pay request for the 2008 Park Shelter Roof Renovation project to Merit Building Co., Inc. (improvement project no. 840) in the amount of $9,760 ITEM STATEMENT OF LOSS ?"II---r /� SCHEDULE A: ABSTRACT OF COVERAGE Building TRUST MEMBER: City of New Hope COVENANT#: CMC29458 Bldg Debris Removal (25% Bldg) FILE #: MPSO48406 LOCATION: CLAIM #: 11064852 $ 88,902.75 POLICY TERM 1 year DATE OF LOSS: 5/31/2008 ADJUSTER: Mike Coulter COMPANY: LMCIT $ 2,512.50 Valuable Papers & Records FORMS AND EDITIONS: Various $ 10,093.48 ITEM LIMIT OF LIABILITY CO INS PERCENTAGE OPTIONAL COVERAGES Building $ 62,241.00 $ 62,241.00 Bldg Debris Removal (25% Bldg) Bldg Debris Removal Extension $ 88,902.75 $ 88,902.75 Business Personal Property - Location 6 BPP Debris Removal (25% BPP) $ 2,512.50 $ 2,512.50 Valuable Papers & Records Outdoor Property $ 10,093.48 $ 10,093.48 Personal Effects/Property of Others Business Income/Extra Expense $ 975.33 $ 975.33 TOTAL LOSS /CLAIM $ 164,725.06 $ 164,725.06 SCHEDULE B: LOSS AS DETERMINED ITEM VALUE LOSS CLAIM A. Previous repair to roofs by Trust Member $ 62,241.00 $ 62,241.00 B. Consultant approval for final repairs on buildings as part $ 88,902.75 $ 88,902.75 of bid process b.1. Change order per consultant $ 2,512.50 $ 2,512.50 C. Consulting fesss - Bonestroo $ 10,093.48 $ 10,093.48 D. City internal cost $ 975.33 $ 975.33 TOTAL LOSS /CLAIM $ 164,725.06 $ 164,725.06 LESS DEDUCTIBLE -18660.76 LESS ADVANCE -43580;24 CLAIM - BALANCE OWED $ 102,484.06 COT JNCTT Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation & June 23, 2008 Development and Community Development Planning By: Shari French & Curtis Jacobsen By: Kirk McDonald, City Manager Item No. 8.1 Resolution awarding a' contract to Merit Building Co. Inc. for the 2008 Park Shelter Roof Renovation project (improvement 12roject no. 840) Requested Action Staff recommends approval of a resolution awarding a contract between the city of New Hope and Merit Building Co., Inc. Staff further recommends that the project consist of renovating seven park shelter roofs (Part 1 of the bid) all with asphalt shingles, renovating an additional four roofs with asphalt shingles (alternate #1) for $67,316. If council desires to install a metal roof on the picnic pavilion at the Northwood Park Lions Club shelter building (alternate #4), the total cost would increase to $74,756 ($79,716 less $4,960 from Part 1 asphalt shingle credit for Northwood Park Lions Club picnic pavilion). Once a decision is made regarding scope of the project, the appropriate dollar amount will be inserted into the resolution. The scheduling of the work for this project will depend on each specific site and the needs of the community. Scheduling parameters for each roof was spelled out in the Park Shelter Roof Renovation Plan specifications. The specs call for all work to be completed by the contractor by November 30, 2008 or face liquidated damages. The project includes the installation of 30 year architectural asphalt shingles with the alternate of a metal roof for the Northwood Park Lions Club picnic pavilion. The bid was broken down into sections so that Council could determine the most appropriate scope of this project based upon the prices received. The bid documents called for the renovation of up to 15 park shelter roofs plus two dugouts. The plans and specifications were prepared in -house by staff from the departments of Community Development, City Manager, Public Works, and Parks and Recreation (by utilizing /updating specifications prepared by Bonestroo from a previous project). As a cost savings measure the city engineer has not been involved in this project. Motion by Second by b h'11_1 To: /V I: \RFA \P &R \PARKS \R -840 Bids.doc Request for action June 23, 2008 Page 2 Staff is not recommending that alternates #2 and #3 be considered at this time. Alternate #2 would renovate roofs at the Victory Park shelter building, the east shelter building at Lighted Field as well as the baseball dugouts there, and the storage building on the west side of Lighted Field. The dugouts have been vandalized over the years. Staff suggests consideration in the near future but for now, these roofs could be put off if that is the direction given. Alternate #3 would renovate the Civic Center Park shelter roof. This is a newer roof and staff is not recommending it be included under this project. Policy /Past Practice The City Council routinely considers public improvement projects to extend the useful life of the infrastructure and /or improve the level of service. The city's CIP plan has identified the need for this project. This project adds to the value and extends the life of these community assets. Background On October 29, 2007 staff brought forward a draft of a plan for replacing park shelter roofs. Following that work session, staff formed a committee from Parks and Recreation, Public Works, Community Development, and Finance. Using the input provided at the October work session, the committee developed objectives and recommendations for council consideration. The topic was discussed again at a work session on 2/19/08. The following actions were taken after the February 19 work session in follow up to feedback from the Council: • The roof surface measurements of all shelters were determined by city staff. • Local contractors reviewed all the building roofs and provided an updated ballpark cost estimate. As a result, the overall estimated project cost was reduced from $250,000 to $121,000. • In an effort to eliminate engineering costs plans and specifications were prepared in -house by staff from the departments of Community Development, City Manager, Public Works, and Parks and Recreation (by utilizing /updating specifications prepared by Bonestroo from a previous project). The plan was then brought forward to Council at their April 28th meeting for approval of plans and specifications. The plan was revised following that meeting based upon Council direction that night. Once revised the call for bids was advertised. The following plan was then put out for bids. Part #1: asphalt shingles for the following roofs: 1. Youth Athletic Storage Building, 4225 Zealand Avenue North 2. Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side 3. Outdoor Theatre, 4401 Xylon Avenue, west side of city hall 4. Northwood Park shelter building, 3815 Boone Avenue, west side 5. Holiday Park shelter building, 9024 47th Avenue North 6. Lions Park shelter building, 3810 Oregon Avenue North 7. Hidden Valley Park shelter building, 8800 32nd Avenue North I: \RFA \P &R \PARKS \R -840 Bids.doc Request for action June 23, 2008 Page 3 Alternate no. 1: additional locations using asphalt shingles: 8. Liberty Park shelter building, 9015 60 Avenue North 9. Little Acre Park shelter building, 4948 Zealand Avenue North 10. Terra Linda Park shelter building, 2701 Lamphere Drive 11. Fred Sims Park shelter building, 4350 Nevada Avenue North Alternate no. 2: additional locations using asphalt shingles: 12. Victory Park shelter building, 5550 International Parkway 13. Lighted Field Park — shelter building + two dugouts, 8810 49 Avenue North, east side 14. Lighted Field Park — storage garage, 8810 49 Avenue North, west side Alternate no. 3: additional location using asphalt shingles: 15. Civic Center Park shelter building, 4310 Zealand Avenue North Alternate no. 4 - Metal roof instead of asphalt shingles (asphalt shingle price included in part #1 above) Same as site #2 above: Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side Bids were opened on June 9 and there were three responsible bidders as shown on the attached. Staff's estimate in April of the project cost for all roofs was $121,000 which was based on cost estimates provided by another local roofing company. Funding Funds are available in the Park Infrastructure Fund which is levy funded each year. This fund was established in 2001 by city council action. Attachments Resolution Spreadsheet of bids received Park Shelter Roof Renovation Plan spreadsheet from plan and specifications I: \ RFA \ P &R\ PARKS \ R -840 Bids.doc City of New Hope Resolution No. 08- 102 Resolution awarding a contract to Merit Building Co. Inc. For the 2008 Park Shelter Roof Renovation project (Improvement project #840) WHEREAS, the Council approved plans and specifications and ordered bids for the park shelter roof renovation improvement project; and, WHEREAS, the Council does hereby determine to proceed with the park shelter roof renovation improvement project; and, WHEREAS, the advertisement for bids for the roof renovation improvement project was published in the New Hope- Golden Valley Sun Post, the official newspaper of the city, on May 8, 2008, and in the Construction Bulletin on May 5 & 12, 2008; and, WHEREAS, the bids for the park shelter roof renovation improvement project were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 9:00 a.m. on June 9, 2008; and, WHEREAS, the bid from Merit Building Co., Inc. in the amount of $ 74,756 for the roof 'renovation improvement project is the lowest responsible bid submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: That the contract for the park shelter roof renovation improvement project is awarded to Merit Building Co. Inc.; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of June 2008. Y d Mayor Attest: C�'`�'�'"�° City Clerk I: \ RFA\ P &R \ PARKS \ R -840 Bids.doc W M � w w 0 H O 00 U N R • .. F a3 d1 O O N J W z w O ;, b oo 00 N . � N m 00 C� I le N ° N M 00 p1 01 r0 � N N NFi�? M N N �O M V1 M -- Eo� � �s ct N � N � rn o v o °n n U W rn En a CL) 00 O a Q a) CL U) . m N CL C o. IL U o O Y m Q- Q) N N Y a N N 0 U r O N N C a) > N C a) > > ° ° ° N o ° m� 0 ° t° a) c ° r- a N N a) p L� p N m O) a) N N Y Cm1 m a� T °) a° O7 p O O O N o C c N a o N L (6 s d .c co V N . N O 'C N Y •° 4) D. N d. 'C N ' C .0 N N 3 'C = T m m L . U . 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U) ' ' 0 p U U U U a) F ° ca ¢> C of z a N c EL 0 'O o c '} O u) N ° E 3 x c n Z o O N� N raZ a 0 U'� > 2O. Y a o a) Z > Y @N O.. co @ O U 7 m 'p, Z c c i O 16 U V' -[U @w O dN W @ Y W Q yc NO OC . N m f- d H 0 3 Q d t N > a0 " 6 0) IL No m= N O O N p a) } O = N }d 6NZ .� m W a) co O 0UZ ZBco O 2: ter) 2n a N Cl) <t N V) r N .j N aO 0 a Q 0 CL m C !0 `a O c to a_ U O O Y co CL BID SHEET Park Shelter Roofs Renovation Project New Hope, Minnesota (Improvement Project No. 840) Bid Date /Opening: Monday, June 9 at 9:00am Return to: City of New Hope Fax Number 763 - 531 -5136 Office Number 763 -531 -5100 Fixed Costs 2. Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side LS 3. Outdoor Theatre, 4401 Xylon Avenue, West of city hall 4. Northwood Park shelter building, 3815 Boone Ave No, west side 5. Holiday Park shelter building, 902447 1h Avenue No. 6. Lions Park shelter building, 3 810 Oregon Avenue North 7. Hidden Valley Park shelter building, 8800 32n Avenue North Total Cost Part one Part #2 Alternates Alternate 91; asphalt shingles sites #: 8. Liberty Park shelter building, 9015 60 Avenue No s . LS LS 1 LS 1 LS 1�'� LS 1 7 3ZS LS 1 lAPlans and Specs \park shelter roofs 840Tull Plan and spec book roof project 840.doc Fixed Costs Item Unit Qty Unit Total Cost Cost Part 92 Alternates Alternate 41 continued asphalt shingles sites #: 9. Little Acre Park shelter building, 4948 Zealand Avenue North LS I LD 10. Terra Linda Park shelter building, 2701 Lamphere Drive LS 7' 11. Fred Sims Park shelter building, 43 Nevada Avenue North LS 1 4 -5 7 4 1 Total Cost Alternate 41: 1 i 7� Alternate 42 asphalt shingles q r a e a Sites 9: 12. Victory Park storage building, 5550 International Parkway LS I 13. Lighted Field Park shelter building 0" east side with bathrooms; + 2 dugouts 8810 49 Avenue North LS 14. Lighted Field Park storage building west side 8810 49' Avenue North LS Total Cost Alternate 42: Alternate 93 asphalt shingles Site 9 15. Civic Center Park shelter building, 43 10 Zealand Avenue North LS I "k z Total Cost Alternate 43: [APlans and Specs\parl( shelter roofs 840T-ull Plan and spec book roof project 840.doc Part #2 Alternates continued Alternate #4 metal roof: Site # 2. (same site #2 as on page 1) Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side LS I Total cost alternate #4: The project award will be based on the fixed cost total bid. If variable costs items are encurred they will be paid per unit price based on quantities removed. The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to provide the material and labor and furnish everything necessary to complete the project in accordance with the attached description of work. Firm CT ( 4 ) , Agent Printed Name 3; Address Telephone City, State & Zip Code Fax W; 1:\Plans and Specs\park shelter roofs 840\Full Plan and spec book roof project 340,doc IN BID SHEET Park Shelter Roofs Renovation Project New Hope, Minnesota (Improvement Project No. 840) Bid Date/Opening: Monday, June 9 at 9:00am Return to: City of New Hope Fax Number 763-531-5136 Office Number 763-531-5100 Fixed Costs N 3 Go 5. R 7. Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side LS Outdoor Theatre, 4401 Xylon Avenue, West of city hall Northwood Park shelter building, 3815 Boone Ave No, west side Holiday Park shelter building, 9024 47 Avenue No. Lions Park shelter building, 3 810 Oregon Avenue North Hidden Valley Park shelter building, 8800 32 d Avenue North Total Cost Part one: Part 92 Alternates Alternate #1; asphalt shingles sites N: 8. Liberty Park shelter building, 9015 60 Avenue No IN LS LS LS 3 3 1 06 � os"; ce 0 � LS I 5 3 `/ P0 - C) LS I lAPlans and Specs\park shelter roofs 840\Full Plan and spec book roof project 840.doc Fixed Costs Item Unit Qty Unit Total Cost Cost Part 92 Alternates Alternate #1 continued asphalt shingles sites #: 9. Little Acre Park shelter building, 4948 Zealand Avenue North LS I to'WO 10. Terra Linda Park shelter building, 2701 Lamphere Drive 9? LS 1 (R (Od 11. Fred Sims Park shelter building, 4350 Nevada Avenue North LS I Total Cost Alternate #1: Alternate #2 asphalt shingles Sites #: 12. Victory Park storage building, 5550 International Parkway LS 1 J'79q 13. Lighted Field Park shelter building, east side with bathrooms; + 2 dugouts 8810 49ffi Avenue North LS I � ':R Y03 14. Lighted Field Park storage building ) west side 8810 49 Avenue North C� Total Cost Alternate #2: Alternate #3 asphalt shingles Site # 15. Civic Center Park shelter building, 43 Zealand Avenue North Total Cost Alternate #3: LS LS 1 lAPlans and Specs\park shelter roofs 840\Full Plan and spec book roof project 840.doc Fixed Costs Item Unit Qty Unit Total Cost Cost Pert #2 Alternates continued Alternate #4 metal roof: Site # 2. (same site #2 as on page 1) Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side Total cost alternate #4: LS /-/S- 1-` k e, The project award will be based on the fixed cost total bid. If variable costs items are encurred they will be paid per unit price based on quantities removed. The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to provide the material and labor and furnish everything necessary to complete the project in accordance with the attached description of work. Printed Name Address Telephone City, State & Zip Code Fax Date L\Plans and Specstpark shelter roofs 840\Full Plan and spec book roof project 840.doc A 1) -9 N l b (A, VV\ L /- ( kl--' I of Addendum to Specifications Section Part 4 Finishing 4.01 Finishing N or replaced 2 x 12 fascia to be finished to match existing building fascia: Please call if questions — 763-531-5122. 6 .. "I > J- S99-i 100/ 100'd E66-1 9CI5IE5E92 BdOH AH dO 4113-woji W 6 0:20 90OZ-90-90 i, ... �LVY VlJ �r Y {i� �.J�' BID SHEET Park Shelter Roofs Renovation Project New Hope, Minnesota (Improvement Project No. 840) Bid Date/Opening: Monday, June 9 at 9:00am Return to: City of New Hope Fax Number 763-531-5136 Office Number 763-531-5100 2. Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side LS I � 7, ao 3. Outdoor Theatre, 4401 Xylon Avenue, LS West of city hall 4. Northwood Park shelter building, 3815 Boone Ave No, west side LS 5. Holiday Park shelter building, 9024 47 th Avenue No. LS 6. Lions Park shelter building, 3810 Oregon Avenue North LS 7. Hidden Valley Park shelter building, 8800 32 d Avenue North LS Total Cost Part one: Part #2 Alternates Alternate #1; asphalt shingles sites #: 8. Liberty Park shelter building, 9015 60' Avenue No LS 1 726,,oc -7,96 o I 6 -4' 00 ) �) ec 1 , 00 I &34,cu CP 11 (,'7, oo i 6P2.4, w ' - 7, (K3 1 600, M 1-) 1 6' - 7,5, co 4 1 6C3 , a-, '7,6 36, (0 lAPlans and Specs\park shelter roofs 840\Full Plan and spec book roof project 840.doc Fixed Costs 10. Terra Linda Park shelter building, 2701 Lamphere Drive LS I &C3, 11. Fred Sims Park shelter building, 7 4350 Nevada Avenue North LS Total Cost Alternate #1: Alternate #2 asphalt shingles Sites #: 12. Victory Park storage building, 5550 International Parkway LS 13. Lighted Field Park shelter building, east side with bathrooms; + 2 dugouts 8810 49th Avenue North LS -33, 4-z6, co 1 4-&5. a) 2 1 - 7 6 ) C , 611, 1 366.. o-- "), 1 09 I oo 14. Lighted Field Park storage building, west side 8810 49 Avenue North LS 1 1, cc) z2 , -I 7�, oo Total Cost Alternate #2: Alternate #3 asphalt shingles Site # 15. Civic Center Park shelter building, 43 Zealand Avenue North Mq� LS I SCO CO lAPIans and Specs\park shelter roofs 840\Full Plan and spec book roof Project 840.doc Fixed Costs Item Unit Qty Unit Total Cost Cost Part #2 Alternates continued Site # 2. (same site #2 as on page 1) Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side LS 1 1 ,12 '0 0 1 0-21,,00 Total cost alternate #4: 0 C 2 OD The project award will be based on the fixed cost total bid. If variable costs items are encurred they will be paid per unit price based on quantities removed. The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to provide the material and labor and furnish everything necessary to complete the project in accordance with the attached description of work. 1404 WRYERG Firm A ent Printed Name j I I L 2 6 (0 -T- }— .4V- tj, 7c o 3 — A-& 7— 6 4-c Address Telephone City, State & Zip Code Fax Date L\Plans and Specs\park shelter roofs 840\Full Plan and spec book roof project 840.doc June 27, 2008 Mr. Clint Wester Merit Building Company Inc. 2393 Coon Rapids Boulevard Coon Rapids, MN 55433 SUBJECT: Park Shelter Roof Renovation — Project No. 840 At its meeting of June 23, 2008, the New Hope City Council approved the contract with your company for the roof project as follows: $45,556 Part 1— seven sites 21,760 Alternate 1— four sites 12,400 Alternate 4 — metal roof at Lions Club Picnic Pavilion (4,960) Lions Club Picnic Pavilion (credit for asphalt shingles in part 1) $74,756 Total Enclosed are two contract documents. In the presence of a notary, please sign both copies and return them to my attention. After New Hope officials sign the contracts, a fully executed contract will be provided to you. Also, the city requires a certificate of insurance and bonds (as outlined in the sample contract provided with the specifications). The performance and payment bonds should be for $74,756. Please submit these documents to my attention. A representative of New Hope will be contacting you shortly to discuss a projected start date. As you are aware, completion must occur by November 30, 2008. Should you have any questions in the meantime, please contact Shari French, Director of Parks and Recreation, at 763 - 531 -5152. Sincerely, Ida Valerie Leone City Clerk, CMC Enclosures — Contracts cc: Shari French, Director of Parks and Recreation Roger Axel, Building Official 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us City Hall: 763- 531 -5100 ® Police (non- emergency): 763- 531 -5170 + Public Works: 763- 592 -6777 * TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 m Police Fax: 763 -531 -5174 Public Works Fax: 763 - 592 -6776 Page 1 of 2 Leone Valerie From: Axel Roger Sent: Monday, June 30, 2008 8:26 AM To: French Shari; Jacobsen Curtis Cc: Leone Valerie Subject: RE: roof project A pre -con mtg. Has been scheduled for 10:00 Tuesday July 8th in the PR Conf. Rm. Roger Axel, C.B.O. Building Official City of New Hope 763 -531 -5122 From: French Shari Sent: Thursday, June 26, 2008 2:47 PM To: Axel Roger; Jacobsen Curtis Cc: Leone Valerie Subject: roof project Now that the council has approved the project: Val will send standard letter to Merit re: insurance, contracts, etc. We need to have a pre -con meeting at some point with the contractor and talk about start dates, main contacts, etc. It would be most important for Roger to be there so I'll ask you Roger to set up a time with them that works best for you. Val has asked insurance agent to take a look at roofs for hail damage but because of the way we're insured it won't mean much whatever they say. Roger, you are to follow up re: integrity of Northwood picnic shelter structure. Roof project awarded part one, alternates #1 & #4 (metal roof at NW picnic shelter) Did I miss anything ?? We Create Community Through People, Parks and Programs Shari French, Director New Hope Parks and Recreation 4401 Xylon Avenue North New Hope, MN 55428 763- 531 -5152 (phone) 763- 531 -5136 (fax) 7/1/2008 July 15, 2008 Valerie Leone City of New Hope 4401 Xylon Avenue Norht New Hope, (VIN 55428 -4898 Re: Park Shelter Roof Renovation #840 We are returning to you two (2) contracts signed. We will send the insurance certificates and bonds once we have them. Jamie Lewis Coon Rapids Blvd, I •i' Rapids, Phone: • i • • i • i • CITY OF NEW HOPE CONTRACT FOR PARK SHELTER ROOF RENOVATIONS (Improvement Project No. 840) For valuable consideration as set forth below, this Contract dated the day of , 2008 is made and signed by the City of New Hope, a Minnesota municipal corporation (hereafter City) and i n c . , Inc. a Minnesota corporation (hereinafter Contractor). The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the City's April 2008 Plans and Specifications for Park Shelter Roofs Renovation Project #840 (hereafter Plans attached as Exhibit A) on the City's park buildings commonly described as follows (collectively hereafter the Property): Common address o f park buildings included in this contract: 1. Youth Athletic Storage Building, 4225 Zealand Avenue North 2. Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side 3. Outdoor Theatre, 4401 Xylon Avenue, west side of city hall 4. Northwood Park shelter building, 3815 Boone Avenue, west side 5. Holiday Park shelter building, 9024 47 Avenue North 6. Lions Park shelter building, 3810 Oregon Avenue North 7. Hidden Valley Park shelter building, 8800 32 Avenue North Alternate no. 1: 8. Liberty Park shelter building, 9015 60 Avenue North 9. Little Acre Park shelter building, 4948 Zealand Avenue North 10. Terra Linda Park shelter building, 2701 Lamphere Drive 11. Fred Sims Park shelter building, 4350 Nevada Avenue North Alternate no. 2: 12. Victory Park shelter building, 5550 International Parkway 13. Lighted Field Park — shelter building + dugouts, 8810 49 Avenue North, east side 14. Lighted Field Park — storage garage, 8810 49 Avenue North, west side Alternate no. 3: 15. Civic Center Park shelter building, 4310 Zealand Avenue North Alternate no. 4 - Metal roof: Same as site #2 above: Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side I:\Plans and Specs \park shelter roofs 840 \Full Plan and spec book roof project 840.doc ZOOS f The Plans attached hereto as Exhibit A are incorporated into this Contract by this reference. This Contract and the Plans shall comprise the entire agreement between the parties. 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. Any amendment to this Contract must be in writing signed by both arties. The work to be performed by Contractor under this Contract (hereinafter the Work) shall include general construction work required to remove and replace up to 15 existing park shelter roofs and related appurtenances to be furnished under this Contract. As part of the Work, the Contractor also agrees to remove all excess material and debris from the Property by the Completion Date. The City agrees to pay Contractor payable upon the City's acceptance of Contractor's performance under this Contract. Contractor shall complete all demolition, removal and site restoration Work under this Contract for all referenced properties in section 2. above by November 30, 2008. Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete its performance under this Contract by the November 30, 2008 Completion Date for all properties: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date for any of the properties, the Contractor shall pay the City one hundred dollars and no cents ($100.00) per day as liquidated damages. Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form CIC.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: b. Automobile Liability for all automobiles: C. Umbrella Excess Liability d. Workman's Compensation: IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc $1,000,000.00 Statutory Amounts This certificate must provide for the above coverage's to be in effect from the date of the contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials /Labor Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in a form as prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and As Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U. S. Treasury Department All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirements of clauses (A) and (B) above, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and /or barricades, and will take all necessary precautions for the protection of the Work and the safety of the public. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. I:\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc JUL 0 2008 u The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without prior written consent of the City. The address and telephone number of the Contractor for purpose of giving notices and any other purposes under this Contract shall be: Z-393 C oc)n gyp; dS B !ti ' 209 L')on Enp c43 M 5433 Telephone Number: The address of the City for purpose of giving notices and any other purposes under this Contract shall be: City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428; Telephone Number: (763) 531 -5100. I:\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc JUL 0 . �` Ili WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN } CITY OF NEW HOPE The foregoing was acknowledged before me this day of , 2008, by Martin E. Opem, Sr., and Kirk McDonald, the Mayor and City Man er, r spectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. 5- ROM o , - ------- -- STATE OF MINNESOTA ) ss. COUNTY OF ) 1 ,1 3it.� -6 1 e Notary Public . M e r) -4-- Bl c�4 �Q i n C , (Contractor's name) ___ Its- re `� The foregoing was acknowl ged before met is l z j day of 2008, by the of yY a Minnesota on behalf of said RO BERT ON N Public nesota C008250 fily Co. 31, 2610 Notary Public IAPlans and Specslpark shelter roofs 840\Full Plan and spec book roof project 840.doc • This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder MERIT BUILDING CO., INC. Address of policyholder Location of operations Description of operations ORIGINA 2393 COON RAPIDS BLVD NW #204, COON RAPIDS, MN 55433 ABOVE HO ME BU The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subiect to all the terms exclusions. and conditions of those policies. The limits of liability shown may have been reduced by any paid chinas. AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 3 0 Name and Address of Certificate Holder days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed CITY OF NEW HOPE on State Farm or its agents or representatives. 4401 XYLON AVE NORTH a NEW HOPE, MN 55428 -4898 Signature of Authorizeit RepF6sentative AGENT 07/16/08 Title Date Agent's Code Stamp Emmett Zweber AFO CodeSTATE FARM INSURANCE CO. 12401 Nicoliet Ave. Burnsville, MN 55337 558 -994 a.3 04 -1999 Printed in U.S.A. Office (952) 890 -4515 Res (952) 890 -22 FAX (952) 594 -5030 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Data (at beginning of policy period) Comprehensive BODILY INJURY AND 93 LC 9485 -5 Business Liability 01/01/08 01/01/09 PROPERTY DAMAGE - --- - ---- -------- - ----- -- - - -- This insurance includes: ----------------------------- ------------------------------------ Products - Completed Operations ® Contractual Liability ® Underground Hazard Coverage Each Occurrence $1,000,000 ® Personal Injury ® Advertising Injury General Aggregate $2,000,000 ® Explosion Hazard Coverage ® Collapse Hazard Coverage Products - Completed $2,000,000 ® NON -OWNED AUTO Operations Aggregate El POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effectiv Date ; Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation 93 LC 9758 -5 and Employers Liability 01/01/08 01/01/09 Each Accident $500,000 Disease Each Employee $500,000 Disease - Policy Limit $500,000 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 3 0 Name and Address of Certificate Holder days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed CITY OF NEW HOPE on State Farm or its agents or representatives. 4401 XYLON AVE NORTH a NEW HOPE, MN 55428 -4898 Signature of Authorizeit RepF6sentative AGENT 07/16/08 Title Date Agent's Code Stamp Emmett Zweber AFO CodeSTATE FARM INSURANCE CO. 12401 Nicoliet Ave. Burnsville, MN 55337 558 -994 a.3 04 -1999 Printed in U.S.A. Office (952) 890 -4515 Res (952) 890 -22 FAX (952) 594 -5030 AIA Document A312 Bond N0. 771567P CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Merit Building Company, Inc. Developers Surety and Indemnity Company 2393 Coon Rapids Blvd., Suite 204 P.O. Box 19725 Coon Rapids, MN 55433 Irvine, CA 92623 -9725 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 CONSTRUCTION CONTRACT Date: June 23, 2008 Amount: $74,756.00 Park Shelter Roof Renovations, Improvement Project No. 840. Description (Name and Location): BOND New Hope, MN Date (Not earlier than Construction Contract Date): July 15, 2008 Amount: $74,756.00 Seventy Four Thousand Seven Hundred FiftySix Dollars & No Cents Modifications to this Bond: ® None �' See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Merit Building Company, Inc. Developers Surety ndemnity Com any Signature: (� Signature: Name and Title: Y � Name and Title BaRisa ttorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Goldleaf Financial, Ltd. other party): 3246 E Hwy 7, Suite 150 City of New Hope Montevideo MN 56265 4401 Xylon Avenue North 320 269 -3144 New Hope, MN 55428 Ph: 763 -531 -5100 AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA® A312 - 1984 l THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING ■ MARCH 1987 I The Contractor and the Surety, jointly and severally, bind .hemselVes, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender 2 payment therefor to the Owner; or Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages, are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of.the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occures first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. - AIA V A312- 1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING -MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Ownerorthe Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con - forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING - MARCH 1987 iq,�N•. AIA Document A312 Bond No. 771567P CONTRACTOR (Name and Address): Merit Building Company, Inc. 2393 Coon Rapids Blvd., Suite 204 Coon Rapids , MN 55433 SURETY (Name and Principal Place of Business): Developers Surety and Indemnity Company P.O. Box 19725 Irvine, CA 92623 -9725 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 CONSTRUCTION CONTRACT Date: June 23, 2008 Amount: $74,756.00 Park Shelter Roof Renovations, Improvement Project No. 840. Description (Name and Location): BOND / New Hope, MN Date (Not earlier than Construction Contract Date): July 15, 2008 Amount: $74,756.00 Seventy Four Thousand Seven Hundred FiftySix Dollars & No Cents Modifications to this Band: F� None ® See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Merit Building Company, Inc. Developers Surety Indemnity OpmpanQ Signature: L { Signature: Name and Title:,. Name and Title: enda Risa Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Goldleaf Financial, Ltd. other party): 3246 E Hwy 7, Suite 150 City of New Hope Montevideo, MN 56265 4401 Xylon Avenue North 320 269 -3144 New Hope, MN 55428 Ph: 763 -531 -5100 AIA DOCUMENT A312 ■ PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA® A312 -1984 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING . MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorpo rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate rials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA V A312 -1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING . MARCH 1987 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Fond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS. Section 6 is deleted in its entirety and the following is substituted in its place: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: the agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 60 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety of Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: _ Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 ■ PERFORMANCE BOND AND PAYMENT BOND ■ DECEMBER 1984 ED.. AIA V A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 • - i .. � State of County of } On this day of '" in the year , before me personally comes , to me known and known to me to be the pe who is described in and executed the foregoing instrument, and acknowledges to me that he /she executed the same. Notary Public t 1 I .. State of County of } On this day of personally come(s) a member of the co- partnership of to me known and known to me to be the p6rson who is described in and executed the foregoing instrument, and acknowledges to me that he /she executed the same as the act and deed of the said co- partnership. Notary Public f t t }• �� State of ,' k County of A ndi to me known, who being duly sworn, deposes and says that he /she resides in the City of e , that he /she is the re5 de Iry ' of the _ & a 1d) o the corporation described in and which executed the foregoing instrument; that he /she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he /she signed his/her name therejo by like LUKE T. REID � Notary Public No ary Public ., Minnesota M CorrI,Expires Jan. 31, 2012 in the year , before me POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 Bond No. 771567P KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ** *Rita Jorgenson, Brenda Risa, Geoffrey Hathaway, Jack L. Anderson, Amy Nordaune, Ronae M. Rose, Ronald Lee Kaihoi, jointly or severally * ** as their true and lawful Attomey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: - 17 !' , "� t� AND Stephen T, Pate, Senior Vice President ' w i OCT. ' By. s 1 dab Charles L. Day, Assistant Secretary State of California County of Orange On January 1st 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and TMe of the Officer personally appeared Stephen T Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to � erF the within instrument and acknowledged to me that he /she/they executed the same in hislhedtheir authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of CHFUSTMER FXVCH which the person(s) acted, executed the instrument. OOW. # 1 N=fW PUBW CWFOWA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is OROM true and correct. Y �• � 19, 2" WITNESS my hand and offi iai seal. Place Notary Seal Above Signature Ch ' er J, Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETYAND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 15 - thd2y of cJl y , 2008 By: Albert Hillebrand, Assistant ecretary 10- 1438(Wet)(Rev.10 /11) STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 15th day of July 2008 , before me, a Notary Public within and for said County, personally appeared Brenda Risa to me personally known, who being by me duly sworn he /she did say that he /she is the attorney -in -fact of Developers Surety and Indemnity Company, the corporation named in the foregoing instrument, and the seal axed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Brenda Risa acknowledged said instrument to be the free act and deed of said corporation. Q6 NOTARYPUBLIC My Commission Expires 1,j I "do 10 w NO ARCHITECTS AIA Document A312 Bond No. 771567P CONTRACTOR (Name and Address): Merit Building Company, Inc. 2393 Coon Rapids Blvd., Suite 204 Coon Rapids , MN 55433 SURETY (Name and Principal Place of Business): Developers Surety and Indemnity Company P.O. Box 19725 Irvine, CA 92623 -9725 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 CONSTRUCTION CONTRACT Date: June 23, 2008 Amount: $74,756.00 Park Shelter Roof Renovations, Improvement Project No. 840. Description (Name and Location): BOND / New Hope, MN Date (Not earlier than Construction Contract Date): July 15, 2008 Amount: $74,756.00 Seventy Four Thousand Seven Hundred FiftySix Dollars & No Cents Modifications to this Bond: ® N CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Merit Building Company, Inc. Signature: ('L'., Q- cX '.. Name and Title y " (Any additional signatures appear on page 3) one SURETY Jl See Page 3 (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: Goldleaf Financial, Ltd. 3246 E Hwy 7, Suite 150 Montevideo MN 56265 320 269 -3144 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Ph: 763 -531 -5100 AIA DOCUMENT A312 ■ PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA (R) A312 -1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender 2 payment therefor to the Owner; or Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of_the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occures first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIACJ A312 -1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Ownerorthe Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con - forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 ■ PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA V A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS 11lf�N I �J�i I ii�l AIA Document A312 Bond No. 771567P CONTRACTOR (Name and Address): Merit Building Company, Inc. 2393 Coon Rapids Blvd., Suite 204 Coon Rapids, MN 55433 SURETY (Name and Principal Place of Business): Developers Surety and Indemnity Company P.O. Box 19725 Irvine, CA 92623 -9725 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 CONSTRUCTION CONTRACT Date: June 23, 2008 Amount: $74,756.00 Park Shelter Roof Renovations, Improvement Project No. 840. Description (Name and Location): BOND / New Hope, MN Date (Not earlier than Construction Contract Date): July 15, 2008 Amount: $74,756.00 Seventy Four Thousand Seven Hundred FiftySix Dollars & No Cents Modifications to this Bond: E] None fk] See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Merit Building Company, Inc. Developers Surety d Indemnity C mpant •� Signature: G Signature: A _ Name and Title. Name and Titl renda Risa Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: Goldleaf Financial, Ltd. 3246 E Hwy 7, Suite 150 Montevideo, MN 56265 320 269 -3144 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Ph: 763 -531 -5100 AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA® A312 -194 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorpo rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate rials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. ■ AIA V A312 -1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 Pond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Fond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6 is deleted in its entirety and the following is substituted in its place: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: the agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 60 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety of Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 ■ PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. - AIA V A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 11 111111 1 1! Fill i ii illlll'ii'ii 111 1 111 1 IN State of County of } On this day of , in the year , before me personally comes , to me known and known to me to be the ,person who is described in and executed the foregoing instrument, and acknowledges to me that he /she executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of } On this personally come(s) a member of the co- partnership of , in the year , before me to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he /she executed the same as the act and deed of the said co- partnership. Notary Public State of a County of Ct the corporation described in and which executed the foregoing instrument; that he /she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he /she signed his /her name thereto by like order. R b� " t Bond No. 771567P POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ** *Rita Jorgenson, Brenda Risa, Geoffrey Hathaway, Jack L. Anderson, Amy Nordaune, Ronae M. Rose, Ronald Lee Kaihoi, jointly or severally * ** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the allorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: �_ � ��ZY AND Stephen T, Pate, Senior Vice President,�`�pt3 OCT. 17 to By: SO 1936 Charles L. pay, Assistant Secretary 10 P. State of California County of Orange On January 1st 2008 before me, ChdstopherJ. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) istare subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(iss), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of C OMM, � J . �iRC, which the person(s) acted, executed the instrument. NOT ARY RN)A I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. 141) rotrttrr. 'trey t� 18, 2ttt1 WITNESS my hand and offs ial seal. � - Place Notary Seal Above Signature Ch ' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California the 15'thday of July , 2008. /''Albert Hillebrand, Assistant ecretary ID-1 438(Wet)(Rev.10111) STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 15th day of July , 2008 , before me, a Notary Public within and for said County, personally appeared Brenda Risa to me personally known, who being by me duly sworn he /she did say that he /she is the attorney -in -fact of Developers Surety and Indemnity Company , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Brenda Risa acknowledged said instrument to be the free act and deed of said corporation. r 1 p v NOTARYPUBLIC My Commission Expires ( } }I 4 ? NOTARN zu t t,('t:Jt Tr2 I July 124, 2008 Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Park Shelter Roof Renovation #840 We are sending to you the following: Two Performance and Payment Bonds Certificate of Insurance This should complete the necessary paperwork required per your letter dated June 27, 2008. Please call if you have any questions. Sincerely, Gayle A. Mau President 2393 Coon Rapids Blvd, Suite #204 Coon Rapids, MN 55433 Phone: 763.323.7363 Fax: 763.323.7464 E-mail: ' meritbld-qco@usfamily.net Website: meritbuildingco.com MINI July 31, 2008 Ms. Gayle Mau, President Merit Building Company Inc. 2393 Coon Rapids Boulevard Coon Rapids, MN 55433 SUBJECT: Park Shelter Roof Renovation - Project No. 840 Enclosed is a fully executed contract for New Hope Project No. 840. This contract was awarded by the New Hope City Council on June 23, 2008. We also acknowledge receipt of the performance bond, payment bond, and certificate of insurance. This completes the paperwork requirements. 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. Please note the scheduling parameters as outlined in the specifications. If possible, we would like to postpone work at site number 3 (outdoor theatre in Civic Center Park) until after September 18. Questions should be directed to Roger Axel at 763- 531 -5122. Thank you. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Roger Axel, Building Official Shari French, Director of Parks and Recreation • i in 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new - hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170 ® Public Works: 763 - 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763 - 531 -5136 ® Police Fax: 763- 531 -5174 ® Public Works Fax: 763- 592 -6776 COUNCIL 210 Originating Department Request for Action Approved for Agenda ! Agenda Section Parks and Recreation & I October 27, 2008 Consent Community Development By: Shari French & Curtis Jacobsen I By: Kirk McDonald, City Manager I Item No. 6.6 Resolution approving change order nos. 1, 2, 3, and 4 for the 2008 Park Shelter Roof Renovation project Requested Action 6114-yWy ✓ . Staff is recommending that the Council approve change orders no. 1, 2, 3 and 4 to the contract with Merit Building Co., Inc. in the amount of $3,919.00. Background The original contract for the park shelter roof project, #840, was approved by council on June 23, 2008 for $74,756. The contractor began work the end of September. The work completed as of October 16 (per the invoice) include 100% of the Youth Athletic Storage Building, 80% of the Outdoor Theatre, 80% of Liberty Park's shelter building, and 80% of Little Acre Park's shelter building. In addition, four change orders appear on that initial invoice. As council is aware plans and specs were prepared in house to save on engineering costs and the project is being overseen by the Building Official. If additional work is required, a change order is to be submitted to the city. The contactor has submitted the following change orders to the Building Official and staff is recommending that the change orders be approved: • Change order #1 - the Youth Athletic building had some sheathing that was water damaged and needed to be replaced. Individual roof vents were exchanged for a continuous ridge vent. $644 • Change order #2 - the Outdoor Theatre needed the new fascia added to provide a termination for the siding. $315 • Change orders #3 & #4 - the Little Acre and Liberty parks' buildings were overlaid with new 1 /z" OSB sheathing because of a construction deficiency. The rest of the park shelters will not need additional sheathing installed. $2,960 total for both. Motion by Second by To: L /I p, - ) I: \RFA \P &R \PARKS \R -840 change order #1.doc Request for action October 27, 2008 Page 2 Funding Recommended funding at this time would be from the city's Park Infrastructure Fund. These change orders bring the total project cost to $78,675. It is anticipated that approximately two- thirds of the cost of this project will be covered by an insurance reimbursement due to the hail storm on May 31, 2008. Attachments Resolution Memorandum from the Building Official dated October 20, 2008 Contractor's invoice and change orders I:\ RFA\ P&R\ PARKS\ R-840 change order #Ldoc City of New Hope Resolution No. 2008- 147 Resolution approving change order nos. 1, 2, 3, and 4 for the 2008 Park Shelter Roof Renovation project (Improvement project no. 840) WHEREAS, the city has entered into a contract with Merit Building Co. Inc. for the park shelter roof renovation improvement project; and, WHEREAS, additional work was determined to be needed by the City's building official for the following: o Change order #1 - the Youth Athletic building had some sheathing that was water damaged and needed to be replaced. Individual roof vents were exchanged for a continuous ridge vent. $644 o Change order #2 — the Outdoor Theatre needed the new fascia added to provide a termination for the siding. $315 o Change orders #3 & #4 — the Little Acre and Liberty parks' buildings were overlaid with new 1 /z" OSB sheathing because of a construction deficiency. The rest of the park shelters will not need additional sheathing installed. $2,960 total for both; and WHEREAS, the city's Building Official reviewed the quote from Merit Building Co. Inc. and find the quote to be appropriate; and WHEREAS, staff recommends the change order from Merit Building Co. Inc.; and WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein, and WHEREAS, the funds for this project have been provided within the Parks Infrastructure Fund. NOW THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Minnesota that the City Council hereby approves Change Order Nos. 1, 2, 3, and 4 in the amount of $3,919.00. BE IT FURTHER RESOVED THAT the appropriation of $3,919.00 for payment to Merit Building Co. Inc. from the Park Infrastructure Fund is authorized and the 2008 Parks operating Fund budget is hereby amended. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 27th day of October 2008. Mayor � Attest: City Clerk I:\ RFA\ P&R\ PARKS\ R-840 change order #1.doc To: Shari French, Director of Park & Recreation From: Roger Axel, Building Official Date: 10 /20/2008 Subject: Park Shelter roofing project Attached is the first invoice from Merit Building Company, Inc. for the park shelter reroofing project requesting payment for work completed to date. The dollar amounts noted accurately reflect current status of each building's progress. The Lion's Club Picnic Shelter has not been started yet and that $21,002.20 amount is not included in the $24,921.20 amount requested. The four change orders are valid requests: CO1 - The Youth Athletic building had some sheathing that was water damaged and needed to be replaced. Individual roof vents were exchanged for a continuous ridge vent. CO2 — The Outdoor Theatre needed the new fascia added to provide a termination for the siding. CO3 & CO4 — The Little Acres and Liberty Park buildings were overlaid with new 1 /z" OSB sheathing because of a construction deficiency. The rest of the park shelters will not need additional sheathing installed. 10116f2008 16:36 7633237464 MERIT BLDG CO INC PAGE 02106 Date: I D11 U200, . To: City of Now Hope 4401 Xylon Avenue North New Hope, MN 554213-4898 R Park Shelter Roofs #840 Invoice 6080 ITEM Rocfing DESCRIMON 01 - Youth Athletic Storage Bldg, 4,527.00 Curr % 100.00% TOM % 100.00% Amount 4,627.00 4225 Zealand Avenue North Roofing 93 - Outdobr Theatre, 4401 Xylon 10,444.00 80.00% 80.00% 8,355-20 Ave, West of City Hall - Roofing #4 - Northwood Park Shelter, 3815 7,325.00 0.00% 0100% 0.00 Boone Ave. N, West side Roofing #6 - Holiday Park Shelter Bldg, 9024 5,230.00 0.00% 0.00% 0.00 - 47th Ave, N, Roofing 48 - Lions Park Shelter Bldg, 3810 6,635,00 0.00% 0.00% 0.00 Oregon Ave. N. Roofing #7 - Hidden Valley Park Shelter Bldg, 6,535.00 0.00% 0,00% 0.00 WOO - 32rd Ave, N. Roofing #8 - Liberty Park Shelter Bldg, 9015 - 5,075.00 60,00% 80.00% 4,080m 60th Ave, N, Roofing #9 - Little Acre Park Shelter Bldg, 4948 Zealand Ave, N 5,075.00 60.00' 80,00% 4,060.00 Roofing 010 - Torre Linda Park Shelter Bldg, 6,076.00 0,00% 0.00% 0.00 2701 Lamphere Drive Roofing #11- Fred Sims Park Shelter Bldg, 6,535.00 0.0041, 0.00% 0.00 4350 Nevada Ave. N, Roofing #2 - Lions Club Picnic Pavilion, 38th 12,400.00 0,00%, 0,00% 0.00 & Boone Ave N, east side Col Original Contract #1- Youth Athletic, Replace rotted 74,759,00 644,00 28,09% 28-09% 21,002,20 decking on eaves, add ridge vent etc, 100.00% 100,00% 844.00 CO2 #3 - outdoor Theatre, Add becla to gables, add roof verft 315,00 100,00% - 100.00% 315,06 0O3 #9 - Overlay misting roof with now sheathing 1,480.00 100.00% 100,00% 1,480.00 C04 #8 - Overlay wdsting roof wfth new sheathing 1,480,00 10040% 100,00% 1,480.00 1 i 1JL1Jli uU J.1 `I Me rit Bu ildi ng 2393 Coon Rapids Blvd, Suite 204 Coon Rapids, MN 55433 Phone (763)323 -7363 Fax (76 P, 323 -7454 Change Order # _ Item Custom sr -�/& w r ii S r r- ha,nge Order Address Street _ 4 Z Z S Street Description of change r rill) t rio ....� , ' ............ .... ... . .....................:e.a ........... . ................ .. , ....., ........ ....... ............ ..:..:. ............ ..... .. ......... , �- ........ ,..... . ... ....... ..... .................................................... ............................. ..............:':�.- ��.. ......... ,,... ......._ . ........................... .............................._ .............,...... ............................... ............. ..... �,. ` ................ .. .................. ............................... �..... r ..........................................................................r........................................................ ............................... .. ..... ...... ... ............ ............... ...............,... r....... ................... 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I DLUt7 UU 114U Description of change t , I .. ............ .................................................................................. ............................... ..................... ....... ..I ............................................... .....,...... ,.......... .......... .,......., ............. ,.,...... ...................... ............................... ......... ............................... ............. et Owner Dafe Merit O S CO� , � Date ^"'I"|4�oo ����� /u����/��� MERIT BLDG CO INC PAGE 06/05 Mer Building Company � �_ � 23-93 Coon Rapids Bkvd, Sulte 204 Coon Rapids, MN 55433 Phone (763)323-7363 Fax (7s3) 32-3-7464 Date Description of change ~ ~~="-��/`'` �}.]���! �~ '- ..`� ..'',~..^^-.....~.�-.'......`,'~... ... ... ... ^. ...... ~...-...^ ... ...... ...^....... ... ...... ...... ... .'. ... ... ... ^~^'...^^.^.-.- .. ... ... ... ... ... .- ... ... ... ... ... ... ... ...`,..^^' ... ... .............. .......... ...^.`................... 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'~ .................. .............. ^ ....... ^^ ................... ...^-- ,.....~...^...^-'.'...~...~.-`.....'` ......................... onmnm[ � Date � gr, o. -_- COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation & December 8, 2008 Consent Community Development Item No. By: Shari French & Curtis Jacobsen By: Kirk McDonald, City Manager 6.5 Resolution approving change order nos. 5, 6, and 7 for the 2008 Park Shelter Roof Renovation project (improvement project no. 840); Requested Action Staff is recommending that the Council approve change orders no. 5, 6, and 7 to the contract with Merit Building Co., Inc. in the amount of $625.00. Project #840 is the renovation of park shelter roofs. Background The original contract for the project was approved by council on June 23, 2008 for $74,756. Change orders #1, 2, 3, and 4 totaling $3,919.00 were approved on October 27, 2008. These next three change orders cover roof decking that was rotting and in need of replacement at the Lions Club Picnic Shelter in Northwood Park (change order #5), as well as rotten material found at Holiday Park that needed replacement (change orders #6 & 7). Plans and specs were prepared in house to save on engineering costs and the project is being overseen by the Building Official. If additional work is required, a change order is to be submitted to the city. The contactor has submitted the following change orders to the Building Official and staff is recommending that the change orders be approved: • Change order #5 - repair 5 areas of rotted roof decking after tear off (roof site #2: Lions Club Picnic Pavilion at Northwood Park); $248.00 • Change order #6 - replace rotted framing around copula window before raising up the height of the window (roof site #5: Holiday Park); $162.00 • Change order #7 - additional rotted framing around copula on opposite side (roof site #5: Holiday Park); $215.00. Motion by Second by To: ?, D I: \ RFA \ P &R\ PARKS\ R -840 change order #2.doc Request for action December 8, 2008 Page 2 Funding Recommended funding at this time would be from the city's Park Infrastructure Fund. These change orders bring the total project cost to $79,300. It is anticipated that approximately two - thirds of the cost of this project will be covered by an insurance reimbursement due to the hail storm on May 31, 2008. Attachments Resolution Memorandum from the Building Official dated November 24, 2008 Contractor's invoice and change orders I: \RFA \P &R \PARKS \R -840 change order #2.doc City of New Hope Resolution No. 2008- 165 Resolution approving change order nos. 5, 6, and 7 for the 2008 Park Shelter Roof Renovation project (improvement project no. 840) WHEREAS, the city has entered into a contract with Merit Building Co. Inc. for the park shelter roof renovation improvement project; and, WHEREAS, additional work was determined to be needed by the City's building official for the following: o Change order #5 — repair 5 areas of rotted roof decking after tear off (roof site #2: Lions Club Picnic Pavilion at Northwood Park); $248.00 o Change order #6 — replace rotted framing around copula window before raising up the height of the window (roof site #5: Holiday Park); $162.00 o Change order #7 — additional rotted framing around copula on opposite side (roof site #5: Holiday Park); $215.00.; and WHEREAS, the city's Building Official reviewed the quote from Merit Building Co. Inc. and finds the quote to be appropriate; and WHEREAS, staff recommends approval of the change orders from Merit Building Co. Inc.; and WHEREAS, the city of New Hope prepares a Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the funds for this project have been provided within the Parks Infrastructure Fund. NOW THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Minnesota that the City Council hereby approves Change Order Nos. 5, 6 and 7 in the amount of $625.00. BE IT FURTHER RESOVED THAT the appropriation' of $625.00 for payment to Merit Building Co. Inc. for the change orders from the Park Infrastructure Fund is authorized. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of December 2008. Mayor U Attest: City Clerk I: \RFA \P &R \PARKS \R -840 change order #2.doc To: Shari French, Director of Park & Recreation From: Roger Axel, Building Official 9 Date: 11/24/2008 Subject: Park Shelter roofing project e at Attached is the second invoice from Merit Building Company, Inc. for the park shelter reroofing project requesting payment for work completed to date. The dollar amounts noted accurately reflect current status of each building's progress. The three change orders are valid requests: CO5 - The roof decking was rotting and needed to be replaced. CO6 & CO 7- The rotten material was verified prior to correcting at Holiday Park. Although the Outdoor Theatre and Lions Club Picnic Pavilion are completed, there have been no final inspection requests for those two sites. Therefore a10Io retainage would be appropriate until final inspections are completed and approved for these two buildings. 11/13. 13:39 7633237464 MERIT BLDG CO INC PAGE 02/05 Date: 11/13/2008 To: City of New Hope Attn: Roger Axel 4401 Xylon Avenue North New Hope, MN 55428-4898 % Scattered Park Roofs Invoice #; 6107 FEM Roofing DESCRIPTION #3 - Outdoor Theatre, 4401 Xylon �L' Contract 10,444.00- Prior $ 8,355.20/ CUFF % 20,00% Total % too- - Amount Ave, west of City Hall .eW 1020 2- , M- .60_ Roofing #4 - Northwood Park Shelter, 3815 Boone Ave. N. west side 7,325.00 88.00% 88.00% 6,446,00 Roofing #5 - Holiday Park Shelter Bldg, 9024 5,230.00 85-01% 85.01% 4,446.00 - 47th Ave. N. Roofing #6 - Lions Park Shelter Bldg, 3810 Oregon Ave. N. 6,535,00 85-00% 85.00% 5,555.00 Roofing #7 - Hidden Valley Park Shelter Bldg, 6,535.00 82.01% 82,01% 5,359,00 8800 - 32rd Ave. N. Roofing #8 - Liberty Park Shelter Bldg, 9015 60th 5,075.00 4,060,00v 16,00% 90:W% sn:ee- Ave, N. Roofing #9 - Little Acre Park Shelter Bldg, 5,075.00 4,060,00 16,00% 5 - 7 4948 Zealand Ave. N Roof ng #10 - Terra Linda Park Shelter Bldg, 5,075.00 70.01% 70,01% 3,553.00 2701 Lamphere Drive Roofing #11 - Fred Sims Park Shelter Bldg, 6,535.00 82.01% 82.01% 5,359.00 4350 Nevada Ave. N. Roofing #2 - Lions Club Picnic Pavilion, 38th 12,400,0() 100.00% TOGZG-'/- C & Boone Ave N, east side Cos Original Contract #2 - Repair 5 areas of rotted roof 74,756.00 248.00 62.65% 62.65% 46 1 �-?/ p r decking after tear off 100.00% 100,00% 248.00 C06 #5 - Replace rotted framing around 162.00 100.00% 100.00% 162= copula window before raising up the height of the window C07 #5 - Additional rotted framing around 215.00 100.00°0 100,00% 215.00 copula on oppisite side Total sjZAso-w 11/13/,2008 13 :39 7633237464 MERIT BLDG CO INC PAGE 03/05 Customer NS �Idb� 1 yc. ?, tv'*' & =Change Order Address Street l�ot9n� J� 1Na Street p , 0 i'yQ A ve.. City i0a edre -- Phone Date !1 1 91 6 e Description of change .................✓ of !! . ... ... ... ... .. ... ... ... ... ... ... ..... ..................... Owner Date ................... Merit Bldg. Co. Date 11113',2008 13:39 7633237464 MERIT BLDG CO INC PAGE ��--0^^4��105 M erit Building. C ompan y 2393 Coon Rapids Blvd. Suite 204 Coon Rapids, MN 55433 P11ont,.(763)323- 7363;Fex (76S) 323=7484 Change Order # t Item Customer C'�r or Et -'7r" Change Order Address Street Street . .::. .., City N .4�'aps A ve Phone City w! a Date Description of change .!'.......,ear. 1111. ' ....:.. .:.; .. f ... 1111. 1111 1111..', �. 1111 " .. .:+�� :. • 1111.. ......�! _1111 ,.. , ..!�:......... .. . - 1111.. CJ® ... . . .... ..... .... .. . _.. .. I.......... ,....... ........ .................. ............111.1.............. .......... ...................... ..... ........ ........1.11.1................. Qwner Dat® Merit Bldg. Co. Date Customer A bL. �' ` change Order Address � City Street_, a Phone City l ` Date Description of change r 4 ... !. ...... .. ............. ...................................... ............................. ,. . Owner Date r -� Men -0 Co. Date :.� c E ; To: Kirk McDonald, City Manager From: Shari French, Parks and Recreation Director Date: Revised January 20,2009* Subject: Park Shelter Roof Renovations Project Funding Sources Improvement project #840, the park shelter roof renovations project was completed in 2008. Following the council directive to renovate eleven park roofs, plans and specifications were drawn up in the spring and bids were sought. During this process, a hail storm hit the city of New Hope causing a good deal of damage to buildings south of 49 Avenue including park buildings. The bid for this roof renovation project was awarded to Merit Building Co., Inc. on June 23 and council directed staff to ask the city's insurance carrier to determine if any damage had been done to these buildings by that May hail storm. Both the project and the insurance company inspections moved forward just about simultaneously. Staff met with the insurance adjustor in the fall after his inspections and learned that at least some of the damage would be covered. In addition, the adjustor reported that more park buildings had been damaged than the city included in this first project and those facilities need to have roofs renovated during 2009. A check was received from the insurance company for $37,241 for many of the renovations covered in project #840 in early January 2009. To date two payments have been made to Merit Building Co., Inc. (one in November and one in December), and both payments were charged against the Park Infrastructure Fund (see attached) while staff waited for a final determination to be made by the insurance company and a check to be received by the city. The final payment is expected to be made to Merit by the end of this month. The total paid out to the contractor will be $79,243.20. Note Liberty is not included in the hail damage area and the difference in cost for the metal roof on the picnic shelter at Northwood is not covered by insurance. This totals $13,747 and that needs to be covered in total by the Park Infrastructure Fund. Now that the sources of the funding have been determined in full, ($37,241 from the insurance company and $42,002.20 from city funds), a transfer needs to be made from the insurance fund into the Park Infrastructure Fund to cover earlier payments made to Merit. Normally the city's procedure is as follows: the city budget incurring the cost (Park Infrastructure Fund) covers the first $500 and the city's insurance fund covers the rest. In this case the $13,747 needs to be covered by the Park Fund in total for the roofs not covered by insurance (Liberty and Lions picnic pavilion). If the normal procedure is to be followed for this project, a transfer from the city's insurance fund needs to be made to the Park Infrastructure Fund in the amount of $27,755.20 in addition to the insurance reimbursement check for $37,241 being placed in the Park Fund. As shown below this should equal the $79,243.20 cost of the project. Item Fund Dollar amount Project 840 cost Park Infrastructure fund, Insurance fund, and Reimbursement $79,243.20 Reimbursement From insurance company - $37,241 Initial $500 Park Infrastructure Fund -$500 Roofs not covered Park Fund - $13,747 Remainder of cost Ci 's insurance fund -$27,755.20 $0 *Revised due to change orders received from Merit on 1/20/09 and verified appropriate changes by Roger Axel, Building Official. • Page 2 P, 51 Putchinsoi P.O. Box i 320-587-,9 South Da Sioux Fau, P.O. Bo'x 2 05-3574 *is I const Hayw P.O. Box I Yrg January 7, 2009 P.O. Box 583479 Minneapolis, MN 55458 (612) 766-3700 FAX: (612) 766-3799 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 RE: LMCIT Claim No. 11064852 Trust Member : City of New Hope. Type of Loss : Hail Damage Date of Loss 05/31/08 Our File No. MPS48406 ENCLOSURES: • Partial settlement check for roof replacement ® Payment schedule for the roofs Dear Ms. Leone: Enclosed you will find the settlement check in reference to the roofs that have been repaired at the time of our last visit. Those roofs that had been replaced reflected Location 7, Location 23, Location 19, Location 25, Location 20, Location 38, Location 53, Location 24, Location 22, and Location 39. The total was $62,241. You will note on the payment schedule I applied the $25,000 deductible for a requested payment of $37,241. I did receive a note from LMCIT indicating that you had already incurred damage to your automobiles in the amount of $6,339.24. The net deductible left to be applied is $18,660.76. 1 Sioux F , a k SD O tOl This increases the partial settlement check to $43,580.24. A Division of Berkley Risk Administrators Company LLC Valerie Leone - City of New Hope LMCIT Claim No. : 11064852 Our File No. : MPS48406 January 7, 2009 The LMCIT supervisor also forwarded to my attention some issues regarding coverage for the dugouts. Please note that in the future shelters should not be included as property in the open and do need to be listed as separate buildings. The supervisor does indicate that the trust underwriters apparently are not too consistent on how to cover the dugouts. Basically you need to be rather specific as to how you clarify the dugouts as property in the open or separately schedule the shelter buildings. Apparently you can utilize dugouts as both PIO and separately scheduled such as shelter buildings, however, you have to be very specific when requesting specific coverage for these items. If you have any further questions regarding these coverage issues, please contact your agent and/or the LMCIT website. We will have to meet further repairs to y able to complete all season. If you have 849-3001. Thank you the repairs. Sincerely, ALLIED ADJUSTERS in the spring of 2009 to discuss the our buildings. I do anticipate we should be the repairs during the 2009 construction any questions, my cell phone number is 612 - for your anticipated cooperation regarding Mike Coulter O MC cc: Jim Bocnstra LMCIT Claims Claim No.: 11064852 0 V T PA ! MEN ! SCHEDULE - ROOFS - MPSO48406 ITEM VALUE LOSS LLooc. 7 - storage - 4300 Zealand Avenue North Loc. 23 -Little Acres #9 shelter- used asphalt instead of cedar Loc. 19 - Outdoor Theatre - band shelf Loc. 25 - Terra Linda Park #10 - used asphalt instead of cedar Loc. 20 - Holiday Park #5 - used asphalt instead of cedar Loc. 38 - Fred Sims Park #11 - used asphalt instead of cedar -oc. 53 - Lions Club #2 -0 - c. - 24 - North Woods Park #4 - used asphalt instead of cedar .oc. 22 - Lions Park #6 Dc. 39 - Hidden Valley Park #7 - used asphalt instead of cedar TOTAL ROOFS LESS DEDUCTIBLE CLAIM - $ 4,527.00 $ 5,075.00 $ 10,444.00 $ 5,075.00 $ 5,230.00 $ 6,535.00 $ 4,960.00 $ 7,325.00 $ 6,53 $ 6;535.00 S 62,241.00 $ 37,241.00 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST POLICY #: CMC 29458 INSURED NAME: NEW HOPE, CITY OF CLAIM #: 11064852 CLAIMANT NAME :NEW HOPE, CITY OF CHECK #: 0075634 CHECK DATE 12/18/08 PAYMENT: 43,580.24 LOSS DATE: 05/31/08 I CMP PAYEE: NEW HOPE, CITY OF DESCRIPTION: HAIL DAMAGE TO BUILDINGS - LESS REMAINING OCCURRENCE DEDUCTIBLE, $18,660.76 -( MPS48406) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST POLICY #: CHIC 29458 INSURED NAME: NEW HOPE, CITY OF CLAIM #: 11064852 CLAIMANT NAME :NEW HOPE, CITY OF CHECK #: 0075634 CHECK DATE 12/18/08 PAYMENT: 43,580.24 LOSS DATE: 05/31/08, I (XP PAYEE: NEW HOPE, CITY OF DESCRIPTION: HAIL DAMAGE TO BUILDINGS - LESS REMAINING OCCURRENCE DEDUCTIBLE, $18,660.76 -( MPS48406) 0075634 0075634 COUNCIL Kit I Originating Department I Approved for Agenda I Agenda Section I Parks and Recreation & Community Development By: Shari French & Curtis Jacobsen January 26, 2009 1 Consent By: Kirk McDonald, City Manager Item No. 1 6.6 Resolution approving final payment of $9,760 to Merit Building Co., Inc. for the 2008 Park Shelter Roof Renovation - oroiect FIT62 Requested Action Staff is recommending that the City Council accept the renovation of park shelter roofs (improvement project #840) and authorize final payment to Merit Building Co., Inc. in the amount of $9,760. Background The original contract for the project was approved by Council on June 23, 2008 for $74,756. Change orders were approved on October 27, 2008, on December 8, 2008, and the final four more change orders have been brought forth for tonight's approval. The final payout for the project is $79,243.20. Plans and specs were prepared in house to save on engineering costs and the project was overseen by the city's Building Official. A portion of the cost of this project has been covered by an insurance reimbursement due to the hail storm on May 31, 2008, that affected the portion of the city south of 49 Avenue. A reimbursement check was received on January 7, 2009, from the city's insurance carrier and $37,241 was credited to this project. Funding: Funding is available from the city's Park Infrastructure Fund and the city's insurance fund. Attachments: Resolution Memorandum from the Building Official dated January 21, 2009 Contractor's final invoice Motion by 0 Second by To: fP F A g I q--j, tl I: \ RFA\ P&R\ PARKS\ R-840 roof project final payment2.doc Request for action January 26, 2009 Page 2 Attachments: Resolution Memorandum from the Building Official dated January 21, 2009 Contractor's final invoice C: \Documents and Settings\ vleone \Local Settings \Temporary Internet Files \OLK4F9 \R -840 roof project final payment2.doc City of New Hope Resolution No. 2009 -24 Resolution approving final payment of $9,760 to Merit Building Co., Inc. for the 2008 Park Shelter Roof Renovation project (improvement project no. 840) WHEREAS, the city entered into a contract with Merit Building Co. Inc. for the park shelter roof renovation improvement project; and, WHEREAS, the city's Building Official inspected the work done Merit Building Co. Inc. and finds that all work has been satisfactorily completed and recommends that final payment be made; and WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the roofing work improvement project 840 and approve final payment to Merit Building Co., Inc., in the amount of $9,760.00; and, WHEREAS, the city of New Hope prepares a Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the needed funds for this project have been provided within the Parks Infrastructure Fund and the city's insurance fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the work completed for the Park Shelter Roofing project, improvement project #840 from Merit Building Co., Inc. 2. That the city manager is hereby directed to authorize the final payment of $9,760.00 to Merit Building Co., Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 26 day of January 2009. Attest: City Clerk Mayor C:\ Documents and Settings\ vleone\ Local Settings \Temporary Internet Files \OLK4F9 \R -840 roof project final payment2.doc To: Shari French, Director of Park & Recreation From: Roger Axel, Building Official 0-4, Date: 1/21/2009 Subject: Park Shelter roofing project A. AML Attached is the final invoice from Merit Building Company, Inc. for the park shelter reroofing project requesting final payment for work completed to date. The dollar amounts noted accurately reflect current status of each building's progress. All buildings have been completed and final inspections approved. Merit has received payments of $24921.00 and $44,562.00 to date. The final invoice also reflects a $260.00 credit for vent flashings that were painted and not replaced. The painting of the existing flashings is acceptable as I did not observe any signs of significant rust or failure on these flashings. There is also an additional $150.00 deduct for two keys that were issued to Merit staff that were not returned to the Park and Recreation Department staff. There are two additional change orders for$185.00 to reframe the window opening at Holiday Park (C.O. #9) and $168.00 for repair to the sheathing at Hidden Valley Park (C.O. #10) . The final payment due Merit, including the flashing credit and lost key deduct and the two change orders should be $9760.00. I would recommend approval to proceed with payment of $9760.00 to Merit Building Company, Inc. There is one outstanding issue that needs to be put on the table but is not really an issue we need to hold Merit accountable for. At the Northwood Park Shelter, 3815 Boone, the bathroom exhaust vent termination was not extended through the new sloped roof construction on the south side of the building. This was due to an estimated change order cost of $4000.00, which, in my opinion, was excessively overpriced. Shari French and I discussed this item and decided that we would include the vent extension in the reroofing contract for the remaining park shelter buildings as this shelter was not used as a warming house for a city skating rink. Merit Building Company has indicated interest in bidding on Phase Two of our reroofing project next year. I would have no objections to working with Merit again next year. ITEM CESCRIPTION Contract $ Prior $ Curr Total 9b Amount REVISED 1 -7 -09 gm to Include flashing credit REVISED 1- 20 gm to include 2 change orders and credit for lost keys Roofing #4 - Northwood Park Shelter, 3815 7,325.00 6,446.00 12.00% 100.00% 879,00 Boone Ave. N, west side Roofing #5 - Holiday Park Shelter Bldg, 9024 5,230.00 4,446.00 14.99% 100,00% 784.00 - 47th Ave. N. Roofing #6 - Lions Park Shelter Bldg, 3610 8,535.00 5,555,00 15.00% 100.00% 980.00 Oregon Ave, N. Roofing #7 - Hidden Valley Park Shelter Bldg, 6,535,00 5,359.00 18.00% 100.00% 1,176.00 6800 - 32rd Ave. N, Roofing #8 - Liberty Park Shelter Bldg, 9015 - 5,075.00 4,872.00 4.00% 100,00% 203.00 60th Ave, N. Roofing #9 - Little Acre Park Shelter Bldg, 5,075,00 4,872.00 4.0096 100.00% 203,00 4948 Zealand Ave. N Roofing #10 - Terra Linda Park Shelter Bldg, 5,075.00 3,553.00 29.99% 100.00% 1,522.00 2701 Lamphere Drive Roofing #11 - Fred Sims Park Shelter Bldg, 8,535.00 5,358.00 18.00% 100,00% 1,176.00 4350 Nevada Ave, N, COB Original Contract 74,756.00 9,26% 9.26% 6,923.00 Credit for painting instead of - 260.00 100,00% 100.00% .- 260.00 replacing fTashings, 5 plumbing, 8 HVAC, $20 each 009 #5 - Frame out opening 5X5 185.00 100.00% 100.00% 185.00 co 10 #7 - Repair to roof decking aprox, 168.00 100.00% 100.00% 166.00 24x32 area co 11 Retainer Two keys hot returned to owner Retainer - 150.00 100.00% 100.00% - 150,00 2,894.00 { �Tota 59,760.00 01/20/2009 14:34 7633237464 f+wi INNESOTA- REVENUE Contractor Withholding Affidavit Confirmation MERIT BUILDING COMPANY INC MERIT BUILDING COMPANY INC, Please keep this information for your records. MIERIT BLDG CO INC PAGE 02/08 btf p ,s: //www.mrdor.state.mn. 13 /wc/actioTVconflrmationPrint 4 :'.�Mrf4C'df.';'!. �C: . +�.iNM1►tfY:1C+V..1` ✓,Y,d)W9lT. A C)RIG IN&I ID 5156716 Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 239537 Tue Jan 13 15:26:15 CST 2009 CITY OF NEW HOPE 840 August 2008 January 2009 SCATTERED PARK SITES METAL CLAD LLC 7432326 239522 GUNNER CONTRUCTION 47774612 239234 BOB JOHNSON 470846024 234710 01/2012009 14:34 7633237464 MERIT BLDG CO INC PAGE 05108 JAN 13,2009 03.47P METALCLAD 6516530301 page I page i or 1 Contractor's Withholding Affidavit Confirmation MEI'Ak C�,A,7111C ,r 000 ' 000 " 7 PIPFS,o 11! ;1� ,., I .) ! . 1.7 !!y Alm A. --a L4 4 " Oft htt p . g://w" , mndor.statL , .mn , tLg/wc/action/co - nfirmation Print 1/13/2009 z 239622 Tile. J80 13 15. '12.0 C',E f H OF F Project hUrnbar 3408 Project begin date pm�oct pt�e datp Project location SCATTERED PARK SITES Subcontrartors IYO SUDCOMTac'mrs i1sted. Alm A. --a L4 4 " Oft htt p . g://w" , mndor.statL , .mn , tLg/wc/action/co - nfirmation Print 1/13/2009 z 01/20x'2009 14:34 7633237464 r � https: / /www rnndor. state, mn,us /wc /action/confirmationprin MINNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation GLICK , JOHN D ID 477746712 GUNNER CONSTRUCTION Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number Project owner Project number Project begin date Project and date Project location Subcontractors 239234 Mon Jan 12 12:06:48 CST 2009 CITY OF NEW HOPE 840 October 2008 November 2008 MISC. SITES NEW HOPE, MN No subcontractors listed. of t 01/20/2009 14:34 7633237464 M IN NESOTA- R EVENU E Contractor's Withholding Affidavit Confirmation JOHNSON, ROBERT BOB JOHNSON MERIT BLDG CO INC PAGE 03/08 littPs://www.mndor.statt.nin,u.,q/wc/actio ID 470848024 Please keep this Information for your records, Submit a copy of this Page to the business that hired You to receive your final payment. Confirmation number Project owner Project number Project begin data Project and data Project location Subcontractors 234710 FrI Dec 1212;22A3 CST 2D08 CITY OF NEW HOPE 840 October 2008 November 2008 MISC. SITES NEW HOPE, MN No subcontractors listed. ��i h:�b� "_ 4 g�, 01 4 / ,,f I 01120/2009 14:34 7633237464 MERIT BLDG CO INC PAGE 06/08 Date 11/2612008 To City of New Hope Attn: Roger Axel 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Park Shelter Roofs #840 Invoice * 6103 rrEM DESCRIPTION Contract $ Prior S cuff % Total % Amourt( REVISED 1-7-09 gm to include flashing credit REVISED 1- 20-09 gm to include 2 change orders and credit for lost keys Roofing #4 - Northwood Park Shelter, 3815 7,325,00 6,446.00 12.00% 100.00% 879.00 Boone Ave. N, west side Roofing #5 - Holiday Park Shelter Bldg, 9024 5,230.00 4,446,00 14.99% 100,00% 764.00 - 47th Ave. N. Roofing #6 - Lions Park Shelter Bldg, 3810 6,535.00 5,555.00 15.00% 100,00% 980.00 Oregon Ave. N. Roofing #7 - Hidden Valley Park Shelter Bldg, 6,535.00 5,359.00 18.00% 100.00% 1,176.00 8800 - 32rd Ave, N, Roofing *S - Liberty Park Shelter Bldg, 9015 - 5,075.00 4,872.00 4,00% 100.00% 203.00 60th Ave, N. Roofing 09 - Uffle Acre Park Shelter Bldg, 5,075,00 4,872,00 4.00% 100.00% 203,00 4948 Zealand Ave. N Roofing #10 - Terra Linda Park Shelter Bldg, 5,075.00 3,55100 29.99% 100,00% 1,522.00 2701 Lamphere Drive Roofing *11 - Fred Sims Park Shelter Bldg, 8,535.00 5,359.00 18,00% 100,00% 1,176,00 4350 Nevada Ave, N. Cos Original Contract Credit for painting instead of 74,756.00 -260.00 9.26% 9.20% 6,923.00 replacing flashings, 5 plumbing, 8 100,00% 100.00% -2150,00 HVAC, $20 each 009 CO 10 #11 - Frame out opening 5x5 #7 - Repair to roof decking aprox. 185,00 168.00 100,00% 100,00% 185.00 24'x32' area 100.00% 100,00% 168.00 CO 11 Retainer TWO keys not returned to owner Retainer -150,00 100.00% 100.00% -150.00 2,894.00 Total $9,760.00 81/20/2009 14;34 7633237464 MERIT BLDG CO INC PAGE 07/08 Merit ������� ���� �«°� �� «^~�m �� M 23 � 8 CocnRap�oB�d �u���� . 4 Coon RaplcIo'MN55433 Phone ( Fax (783)823-7464 Change Order # Item ` Street 900c) Epo ' Change OrderAddress City Street Phone �m ' ---- --' Date Descrip Of change AW .... ^''--.,-.....'—.....-....-.-... ' ,.—..^. � --... 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COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation & January 26, 2009 Consent Community Development Item No. By: Shari French & Curtis Jacobsen By: Kirk McDonald, City Manager 6.5 Resolution approving change order nos. 8, 9, 10, and 11 for the 2008 Park Shelter Roof Renovation project (improvement project no. 840) Requested Action Staff is recommending that the Council approve change orders no. 8, 9, 10, and 11 to the contract with Merit Building Co., Inc. in the amount of a $57.00 credit. Project #840 is the renovation of park shelter roofs. Plans and specs were prepared in house to save on engineering costs and the project is being overseen by the Building Official. Background The original contract for the project was approved by council on June 23, 2008 for $74,756. Change orders #1, 2, 3, and 4 totaling $3,919.00 were approved on October 27, 2008. Change orders #5, 6, and 7 were approved by council on December 8 1 h totaling $625. The final four change orders, which result in a $57 credit, cover: • Change order #8: $260 credit for painting instead of replacing flashings, 5 plumbing, 8 HVAC @ $20 each • Change order #9: frame out opening at Holiday Park, $185 • Change order #10: repair to roof decking at Hidden Valley Park, $168 • Change order #11: $150 credit for two city keys not returned to owner @ $75 each These eleven change orders bring the project cost to $79,243.20. Funding Recommended funding at this time would be from the city's Park Infrastructure Fund. A portion of the cost of this project will be covered by an insurance reimbursement due to the hail storm on May 31, 2008. r Motion by Second by i G' To: I: \RFA \P &R \PARKS \R -840 change order #3.doc Request for action January 26, 2009 Page 2 Attachments Resolution Change orders I: \RFA \P &R \PARKS \R -840 change order #3.doc City of New Hope Resolution No. 2009 -23 Resolution approving change order nos. 8, 9, 10, and 11 for the 2008 Park Shelter Roof Renovation project (Improvement project no. 840) WHEREAS, the city has entered into a contract with Merit Building Co. Inc. for the park shelter roof renovation improvement project; and, WHEREAS, additional work was determined to be needed by the City's building official for the following: o Change order #8: $260 credit for painting instead of replacing flashings, 5 plumbing, 8 HVAC @ $20 each o Change order #9: frame out opening at Holiday, $185 0 Change order #10: repair to roof decking at Hidden Valley, $168 o Change order #11: $150 credit for two city keys not returned to owner @ $75 each; and WHEREAS, the city's Building Official reviewed the quote from Merit Building Co. Inc. and finds the quotes to be appropriate; and WHEREAS, staff recommends approval of the change orders from Merit Building Co. Inc.; and WHEREAS, the city of New Hope prepares a Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the funds for this project have been provided within the Parks Infrastructure Fund and the city's insurance fund. NOW THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Minnesota that the City Council hereby approves Change Order Nos. 8, 9, 10, and 11 in the amount of a credit of $57.00. BE IT FURTHER RESOVED THAT the change orders are authorized. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 26th day of January 2009. Attest: City Clerk Mayor I: \RFA \P &R \PARKS \R -840 change order #3.doc 01/37/2009 09:07 7633237464 MERIT BLDG CO INC PAGE 04/04 CC) '6 Merit Building Company 2393 Coon Rapids Blvd. Suite 204 Coon Rapids, MN 85433 Phone (763)32:3.7363 Fax (763) 323-7464 Change Order # Item - 0 0 �� - Customer C 14L.A Change Order Address Street City Street 1:6ri-cf- _ Phone city Date 1 - — C) 9 Description of change r)+ . ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... . ... ... ... ... ... ... ... ... ... ... .. . ... ...... ..... ... ... ... t) - .. ... ... ... ... ...... ... . ... ... . . ... ... ... ... ... ... ... ... . ........... . ... ... ... . ... ...... — . ... ... .............................. ................. ............ ............ ......... _1 ....................... ........... .............. . . ......X ... :, ..... .... .. ........... ....... 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Bid opening date and time remains at June 9, 2008, at 9 a.m. Table of Contents Park Shelter Roofs Renovation Project #840 New Hope, Minnesota 2008 Advertisement for Bids Letter to Bidders Roof Replacement Plan Spreadsheet Bid Sheet Contract List of Drawings City Map Indicating Park Locations Summary of Work Project Meetings Submittals Inspections Temporary Facilities and Controls Material and Equipment Contract Closeout Selective Demolition Rough Carpentry Asphalt Shingles Sheet Metal Flashing and Trim End of Section IAPlans and Specslpark shelter roofs 840Tull Plan and spec book roof project 840.doc ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 9:00 AM, on Monday, Tune 9, 2008, at which time they will be publicly opened and read aloud for the furnishing of all labor, material, and all else necessary for the following: Improvement Project No. 840 Consisting of the following work: General construction work required to remove and replace up to 15 existing park shelter roofs and related appurtenances. Bidders desiring a copy of the Project Specifications may obtain them from the city of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428, (763) 531 -5100 upon payment of a non- refundable fee of $20.00. Project Specifications may be seen at the Community Development Department of the city of New Hope. Each Bid shall be accompanied by a Bidder's Bond in the amount of 5% of the bid naming the city of New Hope as oblige, certified check payable to the City Clerk of the city of New Hope or a cash deposit equal to at least five percent 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 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The City Council reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the City. Kirk McDonald, City Manager City of New Hope, Minnesota I:\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc April 29, 2008 Name Address Address Subject: Park Shelter Roof Bids The city of New Hope is currently seeking bids for general construction work for replacement of up to fifteen (15) park shelter roofs. Enclosed are specifications, sample contract and advertisement for bid. Building permits are required. The bid opening is scheduled for 9:00 AM, on Monday, Tune 9, 2008 The contract is expected to be awarded on Monday, June 23rd. Please contact me at 763 - 531 -5122 with any comments or questions regarding the attached materials. Sincerely, Roger Axel, C.B.O. Building Official Enclosure Cc: Steve Sondrall, City Attorney Kirk McDonald, City Manager Curtis Jacobsen, Community Development Director Shari French, Parks and Recreation Director Valerie Leone, City Clerk (Improvement Project No. 840) IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc m L N N T m C: a) mm C ..N. w • C C N -C 3 -° m c Y m N�� 0 m N •� C �O N O y O O O L O m m O -O m 0 0 o m o c ,p N C O N N V a) m m ° c�6 0— c> o C c p — N r N N N a U) ��� a m N t6 C U c a a 0) • N o o "O _ o 'o vj O - O 2 O O) .L3 'C N O C .fl ` la N N O V) U .O C t6 m 'c C N '� (0 m c to > 0 m a) U) p p c > 0 E o '2 Y m -p p. 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Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side LS 1 Outdoor Theatre, 4401 Xylon Avenue, West of city hall 4. Northwood Park shelter building, 3815 Boone Ave No, west side 5. Holiday Park shelter building, 902447 1h Avenue No. 6. Lions Park shelter building, 3810 Oregon Avenue North 7. Hidden Valley Park shelter building, 880032 rid Avenue North Total Cost Part one LS 1 LS 1 LS 1 LS 1 LS 1 Part #2 alternates .alternate #l; asphalt shingles sites #: 8. Liberty Park shelter building, 9015 60 Avenue No LS 1 1APlans and Specsipark shelter roofs 840\Full Plan and spec book roof project 840.doc I F1 a I 10. Terra Linda Park shelter building, 2701 Lamphere Drive LS 1 11. Fred Sims Park shelter building, 4350 Nevada Avenue North LS 1 Total Cost Alternate #1 Alternate #2 asphalt shingles Sites #: 12. Victory Park storage building, 5550 International Parkway LS 1 13. Lighted Field Park shelter building, east side with bathrooms; + 2 dugouts 8810 49 Avenue North LS 1 14. Lighted Field Park storage building, west side 8810 49 Avenue North LS 1 Total Cost Alternate #2: Alternate #3 asphalt shingles Site # 15. Civic Center Park shelter building, 4310 Zealand Avenue North Total Cost Alternate #3 LS 1 I:\Plans and Specs \park shelter roofs 840\FuII Plan and spec book roof project 840.doc Fixed Costs Item Unit Qty Unit Total Cost Cost Part #2 Alternates continued Alternate #4 metal roof: Site # 2. (same site #2 as on page 1) Lions Club Picnic Pavilion, 38"' & Boone Avenue North, east side Total cost alternate #4 LS The project award will be based on the fixed cost total bid. If variable costs items are encurred they will be paid per unit price based on quantities removed. The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to provide the material and labor and furnish everything necessary to complete the project in accordance with the attached description of work. Firm Agent Printed Name Address Telephone City, State & Zip Code Fax Date IAPlans and Specs \park shelter roofs 840 \Full Plan and spec book roof project 840.doe 11111 ill; 111 ii 1,171gil ili 1 ,11 ''• (Improvement •- ct No. 840 For valuable consideration as set forth below, this Contract dated the day of , 2008 is made and signed by the City of New Hope, a Minnesota municipal corporation (hereafter City) and , Inc. a Minnesota corporation (hereinafter Contractor). The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the City's April 2008 Plans and Specifications for Park Shelter Roofs Renovation Project #840 (hereafter Plans attached as Exhibit A) on the City's park buildings commonly described as follows (collectively hereafter the Property): Common address ofpark buildings included in this contract: 1. Youth Athletic Storage Building, 4225 Zealand Avenue North 2. Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side 3. Outdoor Theatre, 4401 Xylon Avenue, west side of city hall 4. Northwood Park shelter building, 3815 Boone Avenue, west side 5. Holiday Park shelter building, 9024 47 Avenue North 6. Lions Park shelter building, 3810 Oregon Avenue North 7. Hidden Valley Park shelter building, 8800 32 Avenue North Alternate no. 1: 8. Liberty Park shelter building, 9015 60 Avenue North 9. Little Acre Park shelter building, 4948 Zealand Avenue North 10. Terra Linda Park shelter building, 2701 Lamphere Drive 11. Fred Sims Park shelter building, 4350 Nevada Avenue North Alternate no. 2: 12. Victory Park shelter building, 5550 International Parkway 13. Lighted Field Park — shelter building + dugouts, 8810 49 Avenue North, east side 14. Lighted Field Park — storage garage, 8810 49 Avenue North, west side Alternate no. 3: 15. Civic Center Park shelter building, 4310 Zealand Avenue North Alternate no. 4 - Metal roof. Same as site #2 above: Lions Club Picnic Pavilion, 38 & Boone Avenue North, east side I:\Plans and Specs \park shelter roofs 840 \Full Plan and spec book roof project 840.doc The Plans attached hereto as Exhibit A are incorporated into this Contract by this reference. This Contract and the Plans shall comprise the entire agreement between the parties. 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. Any amendment to this Contract must be in writing signed by both arties. MIr ° J +o> : c. The work to be performed by Contractor under this Contract (hereinafter the Work) shall include general construction work required to remove and replace up to 15 existing park shelter roofs and related appurtenances to be furnished under this Contract. As part of the Work, the Contractor also agrees to remove all excess material and debris from the Property by the Completion Date. The City agrees to pay Contractor payable upon the City's acceptance of Contractor's performance under this Contract. Contractor shall complete all demolition, removal and site restoration Work under this Contract for all referenced properties in section 2. above by November 30, 2008. Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete its performance under this Contract by the November 30, 2008 Completion Date for all properties: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date for any of the properties, the Contractor shall pay the City one hundred dollars and no cents ($100.00) per day as liquidated damages. Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of 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. Umbrella Excess Liability $1,000,000.00 d. Workman's Compensation: Statutory Amounts IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc This certificate must provide for the above coverage's to be in effect from the date of the contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials /Labor Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in a form as prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and As Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U. S. Treasury Department All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirements of clauses (A) and (B) above, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. Immix nI ON 63 The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the Work and the safety of the public. f►��`►Il7�rTi►`i � • � ! r To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without prior written consent of the City. VINEWOFM The address and telephone number of the Contractor for purpose of giving notices and any other purposes under this Contract shall be : ; Telephone Number: U The address of the City for purpose of giving notices and any other purposes under this Contract shall be: City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428; Telephone Number: (763) 531 -5100. IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of , 2008, by Martin E. Opem, Sr., and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. an STATE OF MINNESOTA ) ss. COUNTY OF ) Notary Public (Contractor's name) Its The foregoing was acknowledged before me this day of , 2008, by , the of a Minnesota on behalf of said Notary Public I: \Plans and Specs \park shelter roofs 840Tull Plan and spec book roof project 840,doc List of Drawings Part 1 - General Roof Framing Details Duplicate Roof Structure Typical Roof Edge Detail and Northwood Park Shelter Building Roof Edge Detail End of Section I:\Plans and Specslpark shelter roofs 840\Full Plan and spec book roof project 840.doc I 1:4 0 J(dj 00 cq cq „b -. G £ - /m) . /z m z \ \/\ \ w \ Wd / \ \ >M/ p W \ \k(� / _ /)® e Z El \/» E S G' 2 :> R R 2=me ) \ q>am Of x )z \ u§\ m _ b¥ �- " \§ / R6 9\ a- 2f L §7 § /°\ \k \ R® co 2\ k S §{ o e / \ \� \S \ \ §S\ \2 6 / )& = \Q $ § //\ �� \ \\ §\ \ J ® Z06 -\ &_ b\ e < § / \ \§ /\ 3 \ u X §j LLI �) / / »%E 0 < w ƒ \ \\ $/ yz j/ \ / = e o® z3 e 28 o z =4 \= §ao xo °° \ 9/a R§\ }\/ )z \ u§\ m _ b¥ �- / R6 9\ a- 2f -0 § /°\ \k k S §{ o \/ 9 z ) j� \\ 2\ 6 / )& = \Q )~ \ \\ §\ >) \\ j b\ Dz \cr §/ I a a e ■ / S z |M N z 62ND 61ST �fiN`' a Park O . M 112 1 w 0 ' 60 1/" >' . �1 m 80TH ' `— -� GOIf C urse ' AASS LAY F,OAD m� z m > O is o 0 Pr 00 1 Ci ... 55TH z - O HOSTERMAN ' ¢ t Z u Z SCHOOL Elm rove d U811 g _ 55TH �;Fru a w W R ,z _ F a z N r egl. C ¢ z; •� z SCIENCE CENTEiR I � u41' > � 3 ,, y w ¢ 59TH w 9 - O ¢ a 52ND 51ST 51ST 2ND OJ _ ' w 51ST G c z 50TH 0, LI a m Cr w Ho VI' the 71 1'4IREN/ VI rk • y - O Ne o iM16�" LAKE o O ¢ `,t Ic Are 49TH W - O a COOPER 4 3 '48TH 48Tm a HIGH t 48TH 48TH SCHOOL Y _ 47112 > 47 g/S nys' .9 ?Th HgNdp}t, 4?1'6tner 47TH 71H ❑ DEL Z 46TH �fNWO �2 46112 46TH > LU ¢ J 'A 46Th Qk, _ O z 45 112 - O .O 45Th Civic ¢ a 4 H .. W4 -1 z Park 4 4TH 60 o �¢> I 10 ty H .43RD Ims • a oolo COLINT`�' ROAD 90 Fi Sta n 42 D J Z 'A� 0 41ST _7 � z , 41 iT L ww z •10 112 m OTH M J 40TH 0 z HOPEWOOD .Z EALANr P y 39°I '39TH 39TH 'SB P ns 38TH 37TN.� 3�' Northwood a 311 2 Park Z¢ I > 3 61/2 ? m 3 >TH kn ..�.� z o ' w 35TH N 35TH J 341/2 SONNESYN ¢ 34TH fINPARK 2 34TH '.ELEMENTAR84TH 34TH 3 4i%{SCHOOL,, '.:33RD 33RIj S 33RD < VALLEY Hidd 33RD eySll', V ark ' 32ND D z >. e) E O 32ND a NORTHERN ��, 31ST 31ST Z _ z d.a6� ENSICN WISCONSIN ? N Ft 311TH 30TH N 30Th' "Itt90CR'P.9' J � 29TH 28TH 0 T6F RALINDA , ¢ 2SU nLOW O r- a +` E RY 27TH d .z Terrao> y IL;...._ ? �- Li,�a Z 1 `j_ _J r 2 NE LAKI= S? ¢ 0 0.25 0.5 1 Miles Open Space /Public Water List of Park /Sites: 1) Youth Storage Building, 4225 Zealand Ave No 2) Lions Picnic Pavilion, 38th & Boone Ave No 3) Outdoor Theatre, 4401 Xylon Ave No. 4) Northwood Park Shelter Bldg, 3815 Boone Ave 5) Holiday Park shelter bldg, 9024 47th Ave 6) Lions Park Shelter bldg, 3810 Oregon Ave 7) Little Acre Park shelter bldg, 4948 Zealand 8) Hidden Valley shelter bldg, 8800 32nd Ave 9) Terra Linda shelter bldg, 2701 Lamphere Dr 10) Fred Sims shelter bldg, 4350 Nevada Ave No 11) Liberty shelter bldg, 9015 60th Ave No 12) Civic Center shelter bldg, 4310 Zealand Av 13) Lighted Field storage garage, 8810 49th No 14) Lighted Field shelter bldg, 8810 49th Ave 15) Victory shelter bldg, 5550 International Pky Prepared by the City of New Hope Aug. 7, 2007 Data Source: Hennepin County Property Records Summary of Work Part 1 - General 1.01 Project Description A. Contractor shall supply all labor, materials, transportation, apparatus, equipment and services required to provide the general construction work required to remove and replace up to 15 existing park shelter roofs and related appurtenances. 1.02 Division of Contract A. The general contractor shall be the prime coordinator of the work and their schedule and progress shall govern the work of other contractors and subcontractors. The general contractor shall notify their subcontractors and other contractors within a reasonable time of phases or items of the work requiring the incorporation of their work. The subcontractors and other contractors shall, after such notification and within a reasonable time, proceed with the furnishing, installation, laying out or incorporation of their work so as not to delay or impede the general contractor or job progress. 1.03 Owner A. The city of New Hope is designated as the Owner. B. Contact Person: Roger Axel, Building Official, Phone 763 -531 -5122. 1.04 Layout A. The general contractor shall lay out all work and be responsible for any damages to their work or that of others occasioned by their errors or failure to check properly and verify all measurements. 1.05 Examination of the Site A. It is required and expected that each contractor, before submitting a proposal for work required under this specification, shall visit the site, make a thorough examination of existing conditions, take all necessary measurements, and thoroughly familiarize themselves with all existing conditions and all of the limitations pertaining to the work herein contemplated. B. No additional compensation will be allowed because of the contractor's misunderstanding as to the amount of work involved or their lack of knowledge of any of the conditions pertaining to the work based on failure to make examination of sites. IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc C. The submission of a proposal shall be considered assurance that the contractor has visited the site and made a thorough examination of conditions and limitations. 1.06 Examination of the Documents A. Extent of specifications and drawings defining work to be performed under this project is listed in the Table of Contents and List of Drawings, respectively, and any addenda subsequently issued amending those sections. It is the bidder's sole responsibility to verify that they have received all sheets of drawings and specifications. No claim for additional compensation will be allowed due to lack of complete information at time of bid. B. It is expected that in the event that any of these specifications are not clear or if there are any discrepancies, these will be brought to the attention of the city's Building Official prior to submission of bids and a decision in writing will be rendered as soon as possible. 1.07 Contract Period A. The project shall start after contracts are signed. The contractor shall complete the work on each structure as noted in scheduling parameters. Some call for completion at anytime and some call for a start of construction after September 1, 2008. No work shall start until Notice to Proceed is issued. B. Liquidated damages will begin December 1, 2008 on each building started after contracts are signed and not completed by November 30, 2008. 1.08 Liquidated Damages A. Liquidated damages, as specified shall be One Hundred Dollars ($100.00) per calendar day if the project is not completed by November 30, 2008. 1.09 Sequence of Work /Owner Occupancy A. The general sequence of work shall be at the option of the contractor, except as outlined in the scheduling parameters and subject to the approval of the Owner. However, work shall be carried on simultaneously at as many points as will, in the judgment of the Owner, enable the work to be completed within the prescribed time. The Contractor shall submit a coordination plan, which shall be based on the phases outlined below, for Owners approval. Schedule of work must follow time lines include under scheduling parameters on Park Shelter Roofs Renovation Project spreadsheet. End of Section IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Proiect Meetings Part 1 - General 1.01 Preconstruction Meeting A. A preconstruction meeting will be scheduled prior to the commencement of any work and after receipt of signed contract documents. B. The contractor shall provide attendance by authorized representatives of the contractor and all major subcontractors. 1.02 Progress Meetings A. Progress meetings may be scheduled by the Owner. B. Persons designated by the Contractor to attend and participate in the project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the project meetings. C. Subcontractors, material suppliers, and others may be invited to attend project meetings in which their aspects of work are involved. End of Section IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Submittals Part 1 - General 1.01 Subcontractor List A. Prepare and submit a complete list of all subcontractors. Include the subcontractors name, address, telephone number, and contact person. 1.02 Shop Drawings and Product Data A. Submit three copies of shop drawings and product data required. Two copies will be retained and one copy will be returned to the contractor to be kept on site for all inspections. B. Shop drawings and product data shall be clearly identified as to project, contractor, manufacturer, specification section and item submitted. Any substitutions or deviations from the requirements of the contract documents shall be noted in writing. C. Make all shop drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. 1.03 Samples A. Samples shall be clearly identified as to project, contractor, manufacturer, specification section, product, type, color range, texture, finish and other identifying data. Samples are due within 30 days after Notice to Proceed is issued. End of Section I:\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Inspections Part 1 - General 101. Should specifications, Owner's instructions, laws, ordinances, or any public authority require any work to be inspected or approved, contractor shall give timely notice of its readiness for inspection and a reasonable date fixed for such inspection. If any work should be covered up without approval or consent of approving agency, or Owner, it must be uncovered for examination at contractor's expense. Inspections needed: A. Framing B. Progress (to include rotted wood removal; ice barrier) C. Final 102. Access A. Contractor will provide roof access for all inspections on all buildings. End of Section IAPlans and Specslpark shelter roofs 840Tull Plan and spec book roof project 840.doc Temporary Facilities And Controls Part 1 - General 1.01 General A. Arrange for and provide temporary facilities and controls. Pay all costs until final acceptance of the work. B. Make all temporary connections to utilities and services in locations acceptable to the Owner and local authorities having jurisdiction. Furnish all necessary labor and materials. Maintain connections and remove the temporary installation and connections when no longer required. Restore the services and sources of supply to proper operating condition. C. The Contractor may use without cost water and electrical services presently existing at each of the sites. D. The Contractor shall pay for all other services, power, heat, and water that are not presently on the site. 1.02 Temporary Roads and Access to Site A. Construct and maintain in good usable condition temporary roads and access to site. Remove temporary construction and restore the site when no longer required. B. Access to the site for delivery of construction material or equipment shall be made only from locations designated by the Owner. 1.03 Temporary Stairs, Ladders, Ramps, and Runways A. Provide and maintain temporary ladders, chutes, (and so on), as required for the proper execution of the work. B. All apparatus, equipment, and construction shall meet requirements of the Labor Law and other state or local laws. 1.04 Temporary Toilets A. The Contractor may use the toilets located on site as long as they are maintained in good and clean working condition. B. Any damages and repair costs will be assessed to the contractor. I: \Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc 1.05 Security A. Provide temporary enclosures required for protecting the project from the exterior, for providing passageways, for the protection of openings both exterior and interior, and any other location where required. B. Provide temporary fencing around building for safety. Place material removed from building into dumpster at the end of each day. Keep the site free of sharp objects and trash. End of Section I: \Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Material and Equipment Part 1 - General 1.01 Substitutions A. Whenever materials or equipment are specified or described in the contract documents by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier, or distributor, the contractor must supply the product named unless they have written authority from the Owner to make a substitution. B. Substitute items of material and equipment shall be subject to the review and approval of the Owner. C. During the bidding process, no substitution will be considered unless written request has been submitted to the Owner for approval at least ten (10) days prior to bid date. D. Each request for substitution shall include a complete description of the proposed substitute, the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data, and any other data or information necessary for a complete evaluation. E. If the Owner approves any proposed substitution, such approval will be set forth in an Addendum. F. The contractor shall not be relieved from the responsibility of furnishing material or equipment equal in quality, design, and efficiency to those specified. G. If a substitution is allowed for any reason, the contractor shall bear full responsibility for fitting that substitution into the project and shall make any necessary adjustments. No extra payment shall be made for extra work made necessary by a substitution requested by the contractor. End of Section I:\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Contract Closeout Part 1 - General 1.01 Cleaning A. Prior to the inspection for substantial completion of the work, remove waste material and rubbish from the building and site. Remove protective coatings, barriers, and other protective devices, temporary work and surplus materials including magnetic sweep of grounds of all locations. B. Thoroughly clean the building and site to leave them in a clean, neat, and orderly condition, ready for occupancy and use by the Owner. C. Provide and remove dumpsters at each site and maintain the work in a clean condition. D. After substantial completion, remove waste material and rubbish and clean up dirt caused by the work. E. Upon completion of the work, remove tools, construction equipment, machinery and surplus materials from the building and site. 1.02 Warranties and Bonds A. Submit warranties, bonds, service and maintenance contracts as specified in the Contract Documents. B. Submit two copies of each submittal, neatly typed and in orderly sequence. C. Provide complete information on each item including product item, firm, date of warranty, bond or service contract, contract requirements, and contractor's name. 1.03 Re- inspection Fees A. If the Owner is required to perform re- inspections due to failure of the work to comply with the claims of status of completion made by the contractor or due to problems with the methods or materials of construction Owner will deduct the amount of any costs incurred from the final payment to the contractor. 1.04 Final Inspections A. Provide all final inspections required prior to occupancy by either State or local jurisdictions. I:\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc B. Provide final inspection approval prior to obtaining the Substantial Completion Certificate from the Owner. 1.05 Final Payment A. Upon completion of the project work and as a condition of final payment, the contractor shall prepare and submit to the Owner, all exhibits required by the Project Manual including: 1. Lien waivers. 2. Affidavit of Payment of Withholding of Income Taxes before Final Payment. End of Section IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Selective Demolition Part 1 - General 1.01 Scope A. Work Included: Perform alternations and related work as shown or specified and in accordance with requirements of the Contract Documents. Items for removal include, roofing, shingles, wood trim, metal roof edge, and fiberboard. 1.02 Standards A. Except as modified by governing codes and by this Specification, comply with the applicable provisions and recommendations of ANSI A10.2, Safety Code for Building Construction and OSHA. Part 2 - Products 2.01 Products Required to Complete the Work Part 3 - Execution 3.01 Protection A. Provide, erect, and maintain catch platforms, lights, barriers, weather protection, warning signs, and other items as required for proper protection of the workers engaged in demolition operations, occupants of the building, public, and adjacent construction. B. Provide and maintain weather protection at exterior openings to fully protect the interior premises against damage from the elements until such openings are closed by new construction. C. Provide and maintain temporary protection of the existing structure designated to remain where demolition, removal, and new work is being done, connections made, materials handled, or equipment moved. D. Provide adequate fire protection in accordance with local Fire Department requirements. E. Be responsible for any damage to the existing structure or contents of the insufficiency of protection provided. IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc F. Erect plastic safety fence around work area until project is completed. 3.02 Workmanship A. Demolition, removal, and alteration work shall be as shown on the drawings. Perform such work required with due care. Be responsible for any damage that may be caused by such work to any part or parts of existing structures. Perform patching, restoration, and new work in accordance with applicable technical sections of the Specifications. B. Materials or items demolished and not designated to become the property of the Owner or to be reinstalled shall become the property of the Contractor and shall be removed from the Owner's property. C. Execute the work in a careful and orderly manner, with the least possible disturbance to the public and to the occupants of the building. D. Finish new and adjacent existing surfaces as specified for new work. Clean existing surfaces of dirt, grease, loose paint, and so on, before refinishing. E. Disconnect and reconnect existing electrical power and speaker wires by a licensed electrician. 3.03 Clean Up A. Remove debris as the work progresses, and maintain the premises in a neat and clean condition. B. All demolition debris shall be removed from the site to an approved landfill. C. Debris shall be placed in approved Contractor furnished containers and removed from site when debris is level with the top of the container. End of Section I; \Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Rough Carpentry Part 1 - General 1.01 Section Includes A. Furnish and install all lumber, caulking, connections, and associated hardware. 1.02 Submittals A. Submittals shall conform to Submittals section. B. Submit manufacturer's product data for siding and roofing materials. C. Submit shop drawings for all fabricated connections and hardware. Show all pertinent dimensions, sizes, finishes, and types of fasteners. 1.03 Quality Assurance A. All Work Shall Conform to the Following Standards: 1. National Forest Products Association - National Design Specification for Wood Construction. 2. Asphalt shingles must conform to ASTM D3161. 1.04 Product Handling A. Store lumber so it is properly ventilated, held straight, well drained, and protected from the weather. Part 2 - Products 2.01 Framing Lumber A. All lumber for framing, blocking, furring, and miscellaneous carpentry work shall be Ponderosa Pine, Southern Yellow Pine No. 2 or better. B. Lumber shall be kiln dried to an average moisture content of 15% and a maximum of 19 %. C. Lumber shall be surfaced four sides. 2.02 Caulking A. Provide all caulk required. IAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc B. Caulk shall be silicone sealant, types recommended for conditions encountered. 2.03 Rough Hardware A. Nails shall be common wire nails, unless noted otherwise. Galvanized for exterior locations. B. Lag screws shall conform to ANSI B 18.2.1. Galvanized for exterior locations. 2.04 Plywood A. 5/8" CDX plywood with H clips 2.05 Roof covering A. Valley Flashing (open valley) 26 gage metal w /center ridge diverter. B. Ice dam membrane. Self- adhering polymer modified bitumen sheet installed at roof edge to a point 24" inside exterior wall line and at all valleys. C. 15# felt underlayment. D. Asphalt shingles (selection to be determined by Owner). Part 3 - Execution 3.01 Erection A. Install all work plumb, level, true, and square. B. Use appropriate nails and adhesives for materials to be installed. C. Install materials according to manufacturer's instructions and good trade practices. 3.02 Fastening A. Use common wire nails of the size and quantity specified in the Building Code, unless shown otherwise. B. Remove and replace all split wood. C. Pre -bore holes for lag screws the same diameter as the root of the thread. D. Screw all lag screws and wood screws into position. Do not drive. End of Section I:\Plans and Specs \park shelter roofs 840\Pull Plan and spec book roof project 840.doc Asphalt Shingles Part 1 - General 1.01 Related Work Specified Elsewhere A. Selective Demolition. B. Rough Carpentry. C. Flashing and Sheet Metal. 1.02 Quality Assurance A. Applicator Qualifications: Minimum of 3 years experience in installation of asphalt shingles on comparable projects. B. Requirements of Regulatory Agencies: Shingles to meet requirements of the State Building Code. 1.03 Submittals A. Manufacturer's Literature: Copies of material description, and installation instructions. B. Maintenance Materials: Extra stock 1% of total shingles. 1.04 Product Delivery, Storage, and Handling A. Deliver shingles with manufacturer wrap intact. B. Assure that shingles are stored in dry conditions. Part 2 - Products 2.01 Acceptable Manufacturers A. Material: to be determined by Owner. 2.02 Roofing Felts A. Felts: 15 # asphalt impregnated felt. IAPlans and Specs \park shelter roofs 840 \Full Plan and spec book roof project 840.doc 2.03 Roofing Underlayment A. W.R. Grace and Co., Ice and Watershield, or approved equal. 2.04 Roofing A. Material: Hot dipped galvanized steel, 0.080 P -Nail, 1" long. Part 3 - Execution 3.01 Inspection A. Insure that work penetrating roof surface has been completed to the extent that shingles can be applied. B. Examine surfaces to receive shingles to assure they are rigid, even, and free of debris. C. Check that flashing has been installed. D. Do not apply materials over wet sheathing. E. Do not proceed with installation of shingles until defects are corrected. 3.02 Roof Application A. Apply roofing felts over entire roof with 6" edge laps and 2" end laps. B. Apply roofing felt according to manufacturer's requirements. C. Install shingles approximately 5" to the weather. E. Nailing: 1. Use four nails per shingle. 2. Space nails per manufacturer's installation instructions. 3. Drive nails flush with face of shingles. F. Hips and Ridges: 1. Hip /ridge use shingles of uniform width. 2. Apply at same weather exposure as field of roof. 3.03 Clean -Up lAPlans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc A. Remove debris at end of each day. End of Section I:\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc Sheet Metal Flashing And Trim Part 1 - General 1.01 Section Includes: A. Sheet metal flashing and trim B. Related work specified elsewhere: 1. Rough Carpentry. 2. Finishing. 3. Preformed metal roof panels. 1.02 Quality Assurance A. Install flashing according to the Building Code. 1.03 Submittals A. Shop Drawings: Show size and configuration of all items. B. Literature: Manufacturer's data and samples of standard color selection. C. Samples: actual samples of all the manufacturer's standard colors. 1.04 Guarantee A. Guarantee materials and workmanship for two years as being watertight. B. Guarantee against color fade for 20 years. Part 2 - Products 2.01 Approved Manufacturers. All prefinished sheet metal under this section shall be 24 ga. Galvanized steel with a Kynar 500 finish unless noted otherwise. 2.02 Color to be selected 2.03 Mechanical Fasteners IAPlans and Specslpark shelter roofs 840Tull Plan and spec book roof project 840.doc A. All mechanical fasteners shall be of non - corroding material. All exposed fasteners shall match color of adjacent finished materials. 2.04 Fabrications A. Eve Edge Strips and Corner Flashing at Vertical Walls: 1. System shall conform to dimensions shown on the drawings. B. Sealants 1. Metal manufacturer's recommended elastomeric sealant or mastic. Exposed sealant color shall match metal color. 2.05 Gutters A. 1. 26 gauge galvanized metal, one -piece 2. Fastened to roof deck every 36" with manufacturer's approved support brackets 3. Color selection to be determined by Owner. Part 3 — Execution 3.01 Installation A. Install all materials in accordance with the manufacturer's recommendations to provide a watertight installation. B. Shop fabricate and install using recognized sheet metal processes. C. Use color- matched touch -up paint to field- repair any scratched or damaged areas whether from shop fabrication, shipping, or field installation. Obtain touch -up paint from pre - finished sheet metal manufacturer. D. If soldering is necessary mechanically remove pre - finished coating. E. Perform all fabrication and installation with the strippable protective film in place on pre - finished material. F. After completing installation immediately remove strippable film. Extended exposure of strippable film to ultra violet light may damage paint coating underneath. G. All exposed fasteners shall match finished materials. Field paint if necessary under this section with touch -up paint obtained from prefinished sheet metal manufacturer. L\Plans and Specs \park shelter roofs 840\Full Plan and spec book roof project 840.doc H. Leave a 1 /z" joint between abutting parts for expansion at coping and install 4" wide cover plate. I. Seal all metal penetrations with sealant or mastic. J. Seal along joint between flashing and wall or roofing materials. End of Section I:\Plans and Specs \park shelter roofs 840Tull Plan and spec book roof project 840.doc 0 z H A a H .'7 W W H W a� W xw w z P 0 A Pq 0 ow 3 O H O W z 3 A` i i z 0 Q J W H C7 � ° bo a Q . 4 cd, on va � b • . o a�i o r , i� p Cd wN 0 4 > µj N N N N ''� -. x� z z 3 z a a a z g r+ c zwH h �_ C7 H H� U' o c� ` O O P4 2M w w wz N a z 3 z H mwa N O w w w x O w 3 0 N4 O O a a w K w in W d z W4 U w ° z w ."0 Q ° M ¢O L< a U O �. t- w a. O'y� N� O ° 3, —Zo � N� m ? 0 O <m °d O=z F z o r Z zpwp�r ZN cj � Q Q W64� W Cil I Ui - Y = L- w Z )q LJz M.H LLJ x o a L 4 c 0 �Z w W �¢ Lm , �w = I- H LIJ 3 Ozzz O~ zw— i=m ZN Y W 0 Z Wa" NN °V' ° o D z Vow j�z 8m Wz �3 04 z� in OW o z _ ¢° Z CLQ F 7 N O V LXJ O in W d z W4 U w ."0 Q ° M ¢O L< a U O ° m° ¢ ow LLO O'y� N� O ° 3, —Zo � N� O=z F z o r Z zpwp�r ZN V V ) , Q W64� W Cil I Ui - Y = L- w Z )q LJz M.H W °- x O 0 �Z Z zw �w �O • L q v O z U uj N o --l City of New Hope 0 Open Space /Public Water List of Park /Sites: 1) Youth Storage Building, 4225 Zealand Ave No 2) Lions Picnic Pavilion, 38th & Boone Ave No 3) Outdoor Theatre, 4401 %ylon Ave No. 4) Northwood Park Shelter Bldg, 3815 Boone Ave 5) Holiday Park shelter bldg, 9024 47th Ave 6) Lions Park Shelter bldg, 3810 Oregon Ave 7) Little Acre Park shelter bldg, 4948 Zealand 8) Hidden Valley shelter bldg, 8800 32nd Ave 9) Terra Linda shelter bldg, 2701 Lamphere Dr 10) Fred Sims shelter bldg, 4350 Nevada Ave No 11) Liberty shelter bldg, 9015 60th Ave No 12) Civic Center shelter bldg, 4310 Zealand Av 13) Lighted Field storage garage, 8810 49th No 14) Lighted Field shelter bldg, 8810 49th Ave 15) Victory shelter bldg, 5550 International Pky Prepared by the City of New Hope Aug. 7, 2007 Data Source: Hennepin County Property Records 0 0.25 0.5 1 i iii Miles