IP #823For the full report on
City Council agenda
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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replacing the cabling and outdated equipment in the control room.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