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IP #823For the full report on City Council agenda packets and/or Pli C����Dmmlijs [�c)n A da packets. ,?.,gen PROJECT NO. 823 Council Chambers Monitors and Cabling upgrades Item 12.1 03/26/07 Motion by Hoffe /Nolte — approval to utilize Elert & Associates for designing council chambers upgrades Item 6.7 4/23/07 Motion authorizing RFB process by Elert & Associates for council chambers equipment upgrade (improvement project no. 823) Res. 07 -86 5/29/07 Resolution awarding contract to Fourth Street Systems for $48,545.19 for the council chambers equipment upgrade (improvement project no. 823) COUNCIL WIN Originating Department ( Approved for Agenda ( Agenda Section City Manager By: Dan Donahue, City Manager ( By: G May 29, 2007 Ordinances & Resolutions Item No. 10.2 Resolution awarding contract to Fourth Street Systems for $48,545.19 for the council chambers equipment upgrade (improvement project no. 823) Requested Action Staff requests the Council consider the approval of a resolution awarding a contract to the low and responsible bidder, Fourth Street Systems, to provide council chambers upgrades. Background On March 26, 2007, the Council approved utilizing the services of Elert & Associates to design the council chambers upgrades. The upgrade involves replacing the monitors in the council bench with 15" LCD high resolution monitors and replacing the cabling and outdated equipment in the control room. The existing media equipment in the chambers was installed in 1991 for cable casting purposes. Over the past 15 years we have replaced cameras, the projector, and a control switcher. Audio upgrades were completed in 2002. The following three bidders submitted bids on May 21, 2007: Base Bid Alternate 1 Total Fourth Street Systems $45,037.19 $3,508.00 $48,545.19 Alpha Video $53,408.08 $4,858.18 $58,266.26 AVTS — rejected as bidder did not comply with bid instructions and did not submit bid security. The base bid involves replacing 9 monitors in the council bench, one monitor in the cable room, and replacing and labeling cables. Alternate 1 is replacement of the camera above the light table which will generate a clearer image. Elert & Associates has worked with Fourth Street Systems on prior projects and has been pleased with their services. The work will be completed between June 26 and July 11. Funding The project will be funded by cable grant funds. Attachment Letter from Elert & Associates Motion by ��� Second by To: A 1_ I: \RFA \ADMIN \q- chambers upgrade (IP 823).doc City of New Hope Resolution No. 07- 86 Resolution awarding contract to Fourth Street Systems for $48,545.19 for the council chambers equipment upgrade (improvement project no. 823) WHEREAS, the city has been cablecasting council meetings since 1991 to keep residents informed of city business; and WHEREAS, the equipment and cabling in the council chambers and cable control room is in need of replacement; and WHEREAS, with the assistance of Elert & Associates the city solicited quotes for equipment upgrades; and WHEREAS, the bid in the amount of $48,545.19 from Fourth Street Systems 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 a contract in the amount of $48,545.19 the council chambers equipment upgrade is awarded to Fourth Street Systems. 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 29th day of May, 2007. .- Mayor Attest: ' ��- ��.l.C. - '.�7rC:�. City Clerk I: \RFA \ADMIN \q- chambers upgrade (IP 823).doc t i AV 'A" 7 Project Memorandum Date : May 23, 2007 By Will Craig Voice # (651) 705 -1242 Proiect Award Recommendation To' Valerie Leone Project : Council Chambers AV Subject : Bid Evaluation Seven prospective bidders attended the mandatory pre -bid meeting on May 7, 2007. Two bids were received on May 21, 2007, along with one response that did not meet the qualifications of the RFB (no bid security, no notarized signature, and no references). Both bids were complete with respect to bid bond /security and required signatures. Bid Tabulation Results Bidder B ase Bid Amount Alternate #1 Total Alpha Video $ 53,408.08 $ 4,858.18 1 $ 58,266.26 Fourth Street Systems $ 45,037.19 $ 3,508.00 1 $ 48,545.19 E &A's estimate for the base bid amount provided to the City before the bid was released was $39,000 - $49,000. We did not estimate the Alternate amount before the bid. The relatively large range within the estimate is due to the high proportion of existing equipment that was to be retained. In our experience on similar projects, this causes AV contractors to bid higher than they would with a lower proportion of existing equipment. As the apparent low bidder, we reviewed Fourth Street Systems' bid for completeness and qualifications. The references and certification certificates submitted meet the qualification standards included in the RFB. Fourth Street Systems has recently completed one successful project for Elert & Associates (the Ben Pomeroy Student - Alumni Learning Center at the University of Minnesota St. Paul campus) and is currently engaged on two other E &A projects (videoconferencing room for the Minnesota Department of Agriculture, and classroom renovations for Riverland Community College). We have had no issues with their performance on these projects. We do not find cause to disqualify their bid based on their submitted documents. Fourth Street Systems submitted a unit price schedule with their bid that contained several anomalies. E &A requested clarification on these and they have submitted a revised unit price schedule which satisfies our concerns and does not change their overall bid amount (revised unit price schedule is attached). Alpha Video's proposal is also complete with respect to the required references and certification certificates. Voice # (651) 430 -2772 140 3` St. S., Stillwater, MN 55082 www.elert.com Fax # (651) -430 -2661 Page 1 of 2 Check if Attachments Alternate 41 was added by E &A to the RFB based on our experience with other government clients, where document camera performance is a hot - button issue. When the council monitors at New Hope are upgraded from the current small, low- resolution monitors to large, high - resolution monitors, the difference in image clarity and sharpness will be very large. The current document camera is a low- resolution camera. When this image is blown up to be shown on the new council monitors, it will not look good. Alternate #1 covers the replacement of the existing document camera with a new model that outputs high - resolution graphics that will match the optimal resolution of both the council monitors and the audience's projected image. It will make a large impact on the overall perception of image quality, and the ability of council and audience members to clearly see documents, drawings, and maps that are being presented. Based on these considerations, E &A recommends that Fourth Street Systems be affirmed as the qualified low bidder on this project and receive a contract award pursuant to the terms and conditions of the RFP dated May 4, 2007, Addendum #1 dated May 13, 2007, and Addendum 42 dated May 16, 2007 for the amount of $48,545.19 for the Base Bid package and Alternate #1. Voice # (651) 430 -2772 Fax #(651) -430 -2661 www.clert.com Page -2- Desig. Description Manufacturer Model Qty Unit Cost Ext. Cost MON1 15" LCD Monitor Viewsonic VA -503b 10 $284.41 $ 2,844.12 MON2 LCD Preview Monitor Marshall V -R63P 2 $3,905.66 $ 7,811.33 ICT3 Replacement Battery Crestron ST -BTPN 1 $127.10 $ 127.10 UXX UTP VGA Transmitter Extron 60- 669 -01 1 $341.86 $ 341.86 UXR UTP VGA Receiver Extron 60- 690 -01 1 $403.22 $ 403.22 CCD Closed Caption Decoder Link PCD -88 1 $330.48 $ 330.48 MON5 20" LCD Monitor Viewsonic N205OW 1 $699.01 $ 699.01 MON5 Mounting Arm Ergotron 45- 179 -195 1 $198.69 $ 198.69 MON4 Rackmount Pelco RMJ9UC 2 $75.47 $ 150.95 BCG Broadcast CG Compix LCG -3000D 1 $5,041.93 $ 5,041.93 BCG Rack Shelf Middle Atlantic AS3 -22 1 $94.14 $ 94.14 TBC Time Base Corrector Keywest BVTBC10 1 $73.05 $ 73.05 VDA2 Video Distribution Amplifier Extron 60- 439 -01 2 $131.49 $ 262.97 VDA4 Video Distribution Amplifier Extron 60- 695 -31 2 $241.06 $ 482.12 SWS System Switcher Extron 60- 532 -01 1 $613.60 $ 613.60 XDA1 VGA Distribution Amplifier Extron 60- 046 -03 1 $138.79 $ 138.79 SCA Video Scaler Extron 60- 736 -01 1 $2,270.33 $ 2,270.33 SWV2 Video Switcher 12x1 [changed] Extron 60- 483 -31 1 $949.62 $ 949.62 SWV3 Video Switcher 4x1 Extron 60- 484 -31 1 $525.95 $ 525.95 XDA2 VGA Distribution Amplifier Extron 60- 245 -03 2 $401.76 $ 803.53 XDA3 VGA Distribution Amplifier Extron 60- 246 -03 1 $284.89 $ 284.89 XDA4 Under Desk Mount Extron 70- 077 -01 2 $36.52 $ 73.05 XDA5 Rack Mount Extron 60- 190 -10 5 $94.96 $ 474.81 SWX1 Rack Mount Extron 60- 032 -01 1 $94.96 $ 94.96 RCK1 Insert Rack Middle Atlantic RK6 1 $105.36 $ 105.36 DW Rack Shelf Middle Atlantic KDE2 1 $32.51 $ 32.51 RKB1 Rack Blank Middle Atlantic BL1 10 $15.18 $ 151.79 MIX1 Mixer Extron 60- 497 -01 1 $365.24 $ 365.24 LED Compressor /Limiter Behringer MDX -2600 1 $136.81 $ 136.81 BAL Balance Transformer RDL TX -LM2 1 $38.44 $ 38.44 ICB1 Button Controller (Mayor) Crestron CNX -132 1 $302.42 $ 302.42 ICB2 Button Controller (Admin) Crestron C2N -DB12 1 $21914 $ 219.14 VSS Video Sync Sensor ClearBlueAV VS -B 1 $144.63 $ 144.63 GEN Video Generator Burst BG -3 1 $1,175.40 $ 1,175.40 CNS1 Work Surface Insert Winsted 85586 3 $104.82 $ 314.47 Misc. Parts, Cable, Wiring 1 $2,857.00 Installation Labor 1 $12,297.57 Control System Programming 1 $3,550.00 All Other Costs 1 $1,100.00 Base Bid Total $45,037.19 Desig. Description Manufacturer Model Qty Unit Cost Ext. Cost DOC Ceiling Mounted Doc Cam DOC Ceiling Pan Wolfvision Eye -10 Wolfvision Eye -10 Tile Bridge $2,850.00 $2,850.00 $175.00 $175.00 Misc. Parts, Cable, Wiring Installation Labor Control System Programming All Other Costs $175.00 $158.00 $150.00 $0.00 Alternate #1 Total $3,508.00 mill May 31, 2007 Mr. Brad Ehlert, Project Manager Fourth Street Systems 12975 16th Avenue North Plyhnouth, MN 55441 Dear Mr. Ehlert: As you are aware, at its meeting of May 29, 2007, the New Hope City Council approved your bid of $48,545.19 for council chambers AV modifications. Enclosed are two contract documents that have been executed by New Hope officials. In the presence of a notary public, please sign both copies and return one fully executed contract document to my attention. Also enclosed is an IC -134 Withholding Affidavit for Contractors which will require submission prior to final payment. As outlined in item 4, the city requires a certificate of insurance and bonds prior to work. Please contact me if you have questions related to either of these items. Thank you for introducing yourself Monday night — it was a pleasure meeting you. You had inquired regarding the payment schedule. I did converse with Will Craig and he stated due to the short duration of this project, it is likely that the city will issue only one progress payment. You may wish to submit a request for 50% of the project cost after the equipment is ordered. It normally takes two weeks for the city to process payment. Feel free to contact me if you have any questions regarding the project. I look forward to working with you. Sin erely Valerie Leone, CMC City Clerk Enc. cc: Dan Donahue, City Manager CITY OF NEW HOPE 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 e www. ci.new- hope.mn.us City Hall: 763- 531 -5100 e Police (non - emergency): 763- 531 -5170 • Public Works: 763- 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 e Police Fax: 763- 531 -5174 e Public Works Fax: 763- 592 -6776 Page 1 of 1 Leone Valerie From: Will Craig [will.craig @elert.com] Sent: Friday, June 01, 2007 8:58 AM To: Leone Valerie Subject: RE: Fourth Street Systems As long as the City hangs onto the last 20% or so for final completion, progress payments for materials are fine. Whether you do it monthly or on a shorter interval is between you and Fourth Street. The project will go so quickly that one will probably be sufficient. Will Craig Elert & Associates will.craig@elert.com From: Leone Valerie [ mailto :vleone @ci.new - hope.mn.us] Sent: Friday, June 01, 2007 8:31 AM To: Will Craig Subject: Fourth Street Systems FYI, Brad Ehlert from Fourth Street Systems attended our May 29 council meeting. I didn't know he was there until after the meeting adjourned. He spoke very highly of you. He was wondering about payment schedule. We'd be willing to make a payment for materials midway through the project if you concur. I will mail the contracts today. Valerie I..,eone, New :Hope City Clerk 763 - 531 -3117 phone 763- 531 -5136 fax 6/1/2007 CITY OF NEW HOPE CONTRACT FOR COUNCIL CHAMBERS AV MODIFICATIONS For valuable consideration as set forth below, this contract dated the 29th day of May, 2007, is made and signed by the City of New Hope (hereinafter "City") and Fourth Street Systems (hereinafter "Contractor'). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of the RFP dated May 4, 2007; Addendum #1 dated May 13, 2007; and Addendum #2 dated May 16, 2007, all of which are incorporated hereby by this reference. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in the RFP dated May 4, 2007. Any modifications to the work defined in the specifications will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $48,545.19 (base bid plus alternate #1). 4. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts This certificate must provide for the above 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's streets or right -of -ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials /Labor Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota, and (B) are named in the current list of "Companies Holding certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirement of clauses (A) or (B) in the previous paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 5. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 6. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 7. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 8. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Dean Randall, 12975 16 "Avenue North, Plymouth, MN 55441, at 612- 789 -9511. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Valerie Leone, at 763- 531 -5117. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. 3 Q STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this 29`" day of May, 2007, by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. = PU3LIC- ,._. SOTA ,,, .•' 1- 2017 Notary Public 3 11 W ITA 0 0 - CONTRACTOR �� �� Its COMM. 031019456 STATE OFMINNESOTA ) Notary PuWit State of Minnesota >aa. COUNTY OFHBNNEp|N ) W _ — before this 2007. by The foregoing as acknowledged — of Fourth Street Systems -1 on behalf of 134 Please type or print clearly. This will be your mailing label for rett Company ndme i Address ci Gv ! State .Cod - ruing the completed form. Daytime phone i 6/ 7YL Total contract amount �� Amo> stie $ / 79 number Project loca ion owner Did you gavJ employees work on this pr5ject? NdYeSLJ No If no, who did State Zip code Check the box that describes your involvement in the project and fill in all information requested. F Sole contractor ❑ Subcontractor Name of contractor who hired you ❑ Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner /Officer I declare that all information I have filled in an this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a pri contractor, and to the contracting agency. contractor: ig ture —' Title Date ail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Department of Revenue approval Date Minnesota tax ID number Montthh /yea began Month/year work ended Stock No. 5000134 (Rev. 1/07) This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. GRMN26568A AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Premium Amount Based on Final Contract Amount CONTRACTOR (Name and Address): FOURTH STREET SYSTEMS, INC. 12975 - 16TH AVE. N. SUITE 400 PLYMOUTH, MN 55441 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 CONSTRUCTION CONTRACT Date: 5/29/2007 Amount: $ 48,545.19 Description (Name and Location): COUNCIL CHAMBERS AV MODIFICATIONS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 6/28/2007 Amount: $ 48,545.19 ( FORTY EIGHT THOUSAND FIVE HUNDRED FORTY FIVE AND 191100) Modifications to this Bond: [X] None [I See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) FOURTH STREET SY_%TEMS, INC. ' C _ Signature: Name and Title: u kuvv C-Fb (Any additional signatures appear on page 3) SURETY COMPANY: Seal) GRANITE RE, INC. Signature: Name and Ti onathan Pate , Attorney -in -Fact FOR INFORMATION ONLY -Name, Address and Telephone AGENT OR BROKER: Pate Bonding, Inc. 1276 South Robert Street West St. Paul, MN 55118 (651)457 -6842 OWNER'S REPRESENTATIVE (Architect, or Engineer or other party): ELERT & ASSOCIATES 140 THIRD STREET SOUTH STILLWATER, MN 55082 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 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 accor- dance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense 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 Construc- tion Contract itself, through its agents or through inde- pendent 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 Con- struction Contract, arrange for a contract to be pre- pared 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 ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its rights 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 payment therefor to the Owner; or .2 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 Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting 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 dam- ages caused by delayed performance or non- perfor- mance 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 Con- struction 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 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 aftter the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK 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 Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature 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: None 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form 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 Con- tractor 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 Company: (Corporate Seal) SURETY Company: Signature: Name and Title: Address: (Corporate Seal) Signature: Name and Title: Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D., AIA O A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 \ Bond No. GRMN26568A AIA Document A312 • Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): FOURTH STREET SYSTEMS, INC. 12975 -16TH AVE. N.SUITE 400 PLYMOUTH, MN 55441 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 SURETY (Name and Principal Place of Business): GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 CONSTRUCTION CONTRACT Date: 5/29/2007 Amount: $ 48,545.19 Description (Name and Location): COUNCIL CHAMBERS AV MODIFICATIONS, NEW HOPE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 6/28/2007 Amount: $ 48,545.19 ( FORTY EIGHT THOUSAND FIVE HUNDRED FORTY FIVE AND 19/100) Modifications to this Bond: [x] None [ ] See Page 6 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) COMPANY: (Corporate Seal) FOURTH STREETS S, I C. ..... GRANITE RE, INC. Signature: Signature: Name and Titlb: Ek Ier+ CF6 Name and Title /,¢6 aWaKP`5te, fey- 1ff-Fact (Any additional signatures appear on page 6) FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: Engineer or other party): Pate Bonding, Inc. ELERT & ASSOCIATES 1276 South Robert Street 140 THIRD STREET SOUTH West St. Paul MN 55118 STILLWATER, MN 55082 (651)457 -6842 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 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 perfor- mance 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 fur- nished 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 pay- ment, 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 addres 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 Con- tractor 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 perfor- mance 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 prior- ity 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 unrelat- ed to the Construction Contract, The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations 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 juris- diction 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 Con- struction 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 con- forming 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® A312 -1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK 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 Bond, 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 equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion 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: None 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 sig- nature 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 Con- tractor 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: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA® A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of in the year _ , before me personally come(s) _, to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of County of On this day of , in the year , before me personally come(s) a member of the co- partnership of 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 executed the same as for the act and deed of the said co- partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of 4vm 01 1ri___) State of Minnesota ) County of Dakota ) On this 28th day of June , in the year 2007 , before me personally come(s) Jonathan Pate Attorney(s) -in -Fact of GRANITE RE. ACKNOWLEDGMENT OF PRINCIPAL p Project No. 832 — Council Chambers — monitors 24,272.59 Fourth Street (contractor) 19,418.08 Fourth Street (contractor) 4,854.52 Fourth Street (contractor) 325.00 Fourth Street (contractor) — change order 2,640.00 Elert & Assoc (consultant) 5,280.00 Elert & Assoc (consultant) 1 Elert & Assoc (consultant) 3,960.00 Elert & Assoc (consultant) 1,000.00 Northwestern Door (2nd door for cable room) 5,850.00 Lindee Construction (Carpentry) 3,000.00 Windy Shores (audio) 106.64 VCR /DVD player 72,026.83 TOTAL Contract with Fourth Street $48,545.19 Contract with Elert & Assoc $13,200.00 Estimated total cost $61,200 - $77,200 $52,473 Grant balance (carryover from 2006) (cable TV capital funding) $ 21 , 600 — 2007 grant $74,073 available funding G: \ Admin \ COUNCIL \ Budget Chambers Proj 832.doc Cable TV capital funding 2004 Revenue 5,070 5,070 5,070 5,070 1 1 Expenditures 438 991 1,429 Net carry -over 18,851 2005 Revenue 5,229 5,229 5,229 5,229 20,916 Expenditures 4,304 747 5,051 Net carry -over 15,865 Cummulative carry -over 34,716 2006 Revenue 5,438 5,438 5,438 5,438 21,753 Expenditures 3,996 3,996 Net carry -over 17,757 Cummulative carry -over 52,473 UPS for CATV Scando Equip Proxima C420 Projector CATV wiring to Jerry's cube control room switcher G:Finance /CIP /CATV Capital Grant Reserve