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IP #934January 8, 2014 Project Description and Work The City of New Hope is currently requesting price quotes for contracted watering of a 2014 hydro seeding project. This spring, the City of New Hope will be performing a hydro seeding project in the south end of the city. We are asking interested vendors to submit quotes for daily watering of boulevard areas once the hydro seeding project has been completed. The quote should include costs for all services materials, labor, and associated costs with daily watering of designated boulevard areas. The City of New Hope will supply and provide access to water for the entire project. Currently, the project consists of approximately 99,000 square feet of boulevard area that are in need daily watering., located with the city right of way in neighborhoods in the South side of New Hope (A map of the areas are included in this packet). The watering project shall include daily watering sufficient for seed germination and growth and provided a minimum water application rate of 1" each week on all hydro seeded areas for the duration of the project. We are requesting vendors provide price quotes for 30 days, 60 days and 90 days of watering. Work must begin immediately upon; completion of each area hydro seeded and mulched within the project, the city has received a fully executed contract for the work, has received a current Certificate of Liability Insurance meeting New Hope's minimum coverage amounts and has received a Performance and Materials/Labor Bonds, each in an amount at least equal to the Contract Price. Completion of the work will be dependent on the contract length. General Requirements The city of New Hope requires that the firm selected to provide the boulevard preparation services must be insured. The selected firm will be required to provide the city with a Certificate of Liability Insurance. Insurance coverage must equal or exceed the following amounts: 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 herein services. 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 the 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) or (B), 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 review and approval by the New Hope City Attorney. Equipment All application equipment utilized must be in good condition and have been designed and built specifically for watering applications such as this project, and not merely modified to do so. Filling of vehicles will require utilization an RPZ or adequate air gap equipment to avoid backflow contamination. Hours of Operation The city will allow work to occur between 7:00 a.m. and 5:00 p.m., Monday through Friday. Weather The city reserves the right to postpone/restrict any watering application if weather conditions are suitable for plant growth i.e. excessive rain events. It is the contractor's responsibility to contact the city for the final determination if watering will be postponed. Watering postponement will be determined by representatives of the City of New Hope. Days when watering does not take place will be prorated. Cancellation/Payment The city, at its discretion, may terminate the contract at any time without penalty. Said termination is to be made in writing. Payment may be paid in full, or partially withheld should any of the contractor's obligations as described within these specifications, not be fulfilled to the satisfaction of the city. References Please provide the names and telephone numbers of at least two references for whom you have provided comparable services. References from municipalities and/or commercial properties are preferred. If interested, please submit a price quote for the services described on the attached quote form to be received no later than January 22"d, 2014. Quotes may be submitted by mail to: City of New Hope Attn: Shawn Markham 5500 International Parkway New Hope, MN 55428 or by fax to (763) 592-6776 or Email to smarkhamO-ci.new-hope.mn.us For additional information, contact Contract Manager Shawn Markham, at 763-592-6763 or smarkham63-ci.new-hope.mn.us, or Public Works Director Bob Paschke, at 763-592-6766. Quote Proposal Form City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 763-531-5100 All quote prices shall be compensation in full for services, materials, and labor, as indicated in the cover letter/specification sheet. The Contractor acknowledges the receipt of related quote specifications and guarantees the submitted quote accurately reflects these expenses. Immediately upon acceptance of this quote, the Contractor must provide a current Certificate of Insurance and Worker's Compensation coverage at mandatory levels. It is understood that the City Council reserves the right to reject any or all quotes and to waive informalities, and to award the contract in the best interest of the City. This quote shall remain valid for 30 days subsequent to the submittal date. In submitting this quote, the Contractor agrees that the acceptance of any or all quotes by the City of New Hope within a thirty (30) day period constitutes a contract. Name of Company: Company Address: Email Address: Phone: Name of authorized representative: Submit on or before: January 22", 2014 Signature Submit to: Shawn Markham/Contract Manager City of New Hope 5500 International Parkway New Hope, MN 55428 Phone: 763-592-6764 City Completes Contractor Completes Item: City of New Hope Boulevard Soil _ Preparation Total: - Provide quote for the daily watering of approximately 99,0001 square feet of boulevard area. Watering for 30 days: $ Watering for 60 days: $ Watering for 90 days: $ *The City is subject to state of Minnesota sales tax. no This bid includes sales tax ❑yes; or ❑ w The Hennepin County Sales and Use Tax of 0.15% effective January 1, 2007 does not apply to municipalities. Please send invoices to the City of New Hope taxed at 6.875%. Invoices received with the additional 0.15% sales and use tax will be adjusted and paid out at 7.275%. 2011 INFRASTRUCTURE IMPROVEMENTS PROJECT UPDATE CITY PROJECT NO. 877 MARCH 25, 2014 This notice is to update residents, in the 2011 Street Infrastructure Improvement Project area, about the latest events regarding boulevard restoration of areas where the sod did not survive. This winter, city staff solicited quotes from 28 different landscape contractors for the boulevard restoration project as directed by the City Council. At the March 24th City Council meeting, the city council approved a contract between the City of New Hope and the contractor Ray Jordan and Sons whom was the lowest responsible quote received for both the boulevard preparation and the boulevard watering contracts. The approved boulevard restoration project plan includes areas identified within the project area where the sod did not survive. The contracted removal of dead sod and preparation of the sites will include; soil amendments as recommended by agronomists who conducted random soil tests throughout the project area, tilling of the site to a depth of 6" in order to improve the aeration of the soil medium by reducing soil compaction. City staff will hydro -seed the boulevard areas once the site work has been completed. Contracted watering of the site will follow in order to help get the hydro -seed established. The approved watering contract is for a total of 90 days. Once the watering contract has expired, it will be the sole responsibility of the residents to continue watering the boulevard areas as no further restoration will be provided by the city We strongly encourage continued watering of the hydra -seeded areas, as successful establishment of the grass seed will only take place if the areas area continually watered beyond the contracted watering period. The contractor will begin shortly after the snow is gone and the frost leaves the soil. We will continue to update residents as we are closer to the start of the project and we can provide you with more accurate information regarding the timing of the project. Thank you for your patience on the development of this project. If you have any questions regarding the project, please contact Shawn Markham at smarkharnp,,ci.new-hope.mn.us or dial (763) 592-6763. R ' - Request for Action Originating Department Approved for Agenda Agenda Section Public Works March 24, 2014 Development and Planning By: Bob Paschke By: Kirk McDonald, City Manager Item No. Director of Public Works 8.4 Resolution awarding two respective contracts with Ray Jordan and Sons Inc., for soil preparations and watering hydro -seeded areas related to the 2011 street project or (improvement project No 934) Requested Action Staff is recommending that Council pass a resolution awarding two respective contracts with Ray Jordan and Sons Inc., for soil preparations and watering hydro -seeded areas related to the 2011 street project (improvement project No. 934) Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of infrastructure and/or improve the level of service in the best interest of the community. Background 1. Originally - Turf Restoration, 2011 Infrastructure Project No. 877 Included in the 2011 street infrastructure project, sod was installed in boulevard areas that were disturbed due to replacement of utilities. The original cost of sod installation for the 2011 project was $122,200. A significant portion of sod did not survive over the many dry months of 2012 and 2013. Council, staff and residents discussed the situation at the Council's work session on May 20, 2013. After reviewing, Council informed the residents that the city would explore options to address the condition and requested that staff solicit separate quotes for installing new sod or for seeding these areas. Staff proceeded with specifications requiring a base quote that included removal of all dead sod and preparation of the top soil prior to the installation of new sod, hydro mulch/seeding and additional watering as options. Quotes were requested from six turf restoration companies. Only one contractor, Peterson Companies Inc., responded. Their quote was $274,330 for site preparation and an additional $115,500 for installing sod, totaling $389,830. The alternate quote was $274,330 for site preparation and an additional $83,050, totaling $357,380, for hydro mulch/seeding. Both alternatives included 90 days of watering. At the June 24, 2013, Council Meetin the Council rejected the quote because the cost was excessive. Motion by /,YlnAh , Second by To: I:\RFA\PLTBWORKS12014\SoilPreparation for 877/Resolution awarding sod restoration contract Request for Action, Page 2 March 24, 2014 During the work session on September 16, 2013, Council expressed preference for the hydro mulch/seed option and authorized staff to perform soil testing and analysis with a recommendation for soil treatment by a professional agronomist. Soil testing was performed on September 24, 2013, by Crop Production Services. The soil test results showed high compaction was prevalent in non -surviving sod areas. All areas show high PH, with nutrient modifications necessary. The agronomist also synopsized compounding issues for the sod failure; soil compaction, lack of water, soil condition, and sod type (salt or drought tolerant species). The agronomist recommends a six inch preparation to the seed bed and believes hydro mulch/seeding will have a greater chance for success than sod in the existing environment and circumstances of the application sites. The recommendations of the agronomist were written in the quote specs. Since January 8, 2014, staff has submitted 28 quote packages for soil preparation and 28 quote packages for watering of hydro -seed within the project area, to multiple vendors that specialize in these fields. Staff entertained quotes for soil preparation and watering contracts separately, as the purpose for each are indirectly related as New Hope staff will perform the hydro mulch/seeding in-house. Two vendors have submitted quotes for: Soil Preparation • Peterson Companies @ $117,810 • Ray Jordan & Sons @ $ 32,600 Watering of hydro -seed for 90 days * Peterson Companies @ $104,000 • Ray Jordan & Sons @ $ 30,400 The purchase of hydro -mulch, tack binder, and seed will be done in-house. The material expense estimates from two vendors are under $5,000 each. The city of Plymouth will lend its Finn Hydro -Mulch tanker truck to New Hope at no cost. Our city staff will be trained to perform the hydro -mulch and seed application by Plymouth personnel. Staff's recommendation to Council is to approve contracts for both soil preparation and watering of hydro - seeded areas with Ray Jordan and Sons Inc., for a total of $63,000. The street infrastructure fund will finance this project. Attachments • Lowest quote for soil preparation • Lowest quote for hydro -seed watering City of New Hope Resolution No. 14-48 Resolution awarding two respective contracts with Ray Jordan and Sons Inc., for soil preparations and watering hydro -seeded areas related to the 2011 street project (improvement project No. 934) WHEREAS, the city has received comments from residents regarding the current condition of the sod in the boulevard areas of the 2011 street infrastructure project; and, WHEREAS, the Council requested staff to solicit quotes to restore the turf in the boulevard areas of the 2011 street infrastructure project; and, WHEREAS, the city has received quotes and the Council does hereby determine to proceed with restoration of the turf in the boulevard areas; and, WHEREAS, the quote of Ray Jordan and Sons Inc., in the amount of $32,600 for the project of soil preparation is the lowest responsible bid submitted; and, WHEREAS, the quote of Ray Jordan and Sons Inc., in the amount of $30,400 for the project of watering the hydro/much and seeded areas is the lowest responsible bid submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for soil preparation in the boulevard areas of the 2011 street infrastructure project is awarded to Ray Jordan and Sons Inc. 2. That the contract for watering of hydro/much and seeded areas in the boulevard areas of the 2011 street infrastructure project is awarded to Ray Jordan and Sons Inc. 3. 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 24th day of March 2014. Mayor Pro tem Attest: ��� ��" City Clerk Ray Jordan & Sons, Inc. 1901 Klondike Drive NE East Bethel, MN 55011 (763) 434-1644 Fax:(763) 434-1637 Line Item Description Quantity Units Price/Unit Amount 1 Removal of Sod, Trucking and Disposal 11000 SY $0.93 $10230.00 2 Amend Soil with Sulfer and Fertilizer 11000 SY $0.06 $660.00 3 6" Tillage of Soil 11000 SY 60.21 $2310.00 4 Hand Grade Blvd Areas 11000 SY $0.40 $4400.00 5 Premium Topsoil Borrow CY $25.00 Premium r Remarks Total $17,600.00 Ray Jordan & Sons, Inc. 1901 Klondike Drive NE East Bethel, MN 55011 (763) 434-1644 Fax:(763) 434-1637 Line Item Description _ Quantity Units Price/Unit Amount 1 Watering HR $55.00 W-aterina Item Watering of seeded areas by the contractor is bid by the hour and preformed at the discretion of the City of New Hope Watering for seeded areas will be approx 4-5 hours depending on the weather. With cooler spring temps once or twice a week is sufficient. Remarks Total $0.00 Project me Blvd Soil pf-eporotion Locafi NewH£� e Rum Esfimc cr Ray Jordan Letting�'tp 144 Enginesr Ne l,lo e Line Item Description _ Quantity Units Price/Unit Amount 1 Watering HR $55.00 W-aterina Item Watering of seeded areas by the contractor is bid by the hour and preformed at the discretion of the City of New Hope Watering for seeded areas will be approx 4-5 hours depending on the weather. With cooler spring temps once or twice a week is sufficient. Remarks Total $0.00 April 8, 2014 Ray Jordan Ray Jordan & Sons, Inc. 1901 Klondike Drive NE East Bethel, MN 55011 SUBJECT: Boulevard preparation and boulevard watering contracts - project no. 934 At its meeting of March 24, 2014, the New Hope City Council approved the fore -mentioned contracts with your company for $32,600 and $30,400, respectively. Enclosed please find two contract documents for each part of the project. In the presence of a notary please sign all four copies, retain one set for your records, and return the other fully executed set to my attention along with a certificate of insurance and the performance and material/labor bonds. 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 per Minnesota Statute 290.97). Please contact Shawn Markham at 763-592- 6763 if you have any questions regarding the project. Sincerely, Valerie Leone City -Clerk, CMC Enclosures - Contract, IC -134 cc: Shawn Markham, contract manager/forester CITY OF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www. ci.new-hope.rnn.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 RAY JORDAN & SONS, INC. Landscape Contractors Telephone (763) 434-1644 1901 Klondike Dr. NE A East Bethel, MN 5501-1 April 22, 2014 City of New Hope 4401 Xylon Avenue North New Hope, NN 55428 RE: Boulevard Preparation and Boulevard Watering Contracts Enclosed please find both fully executed copies of the subcontract agreement on the above referenced project. Our carrier will forward a certificate of insurance directly to your office. Thank you for this contract. We are looking forward to working with you on this project. Sincerely, Ray Jordan & Sons, Inc. CITY OF NEW HOPE CONTRACT WITH RAY JORDAN & SONS, INC. FOR BOULEVARD WATERING IN NEW HOPE PROJECT #934 For valuable consideration as set forth below, this contract dated the 31"t day of March 2014, is made and signed by the City of New Hope (hereinafter "City") and Ray Jordan & Sons, Inc. (hereinafter "Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in Exhibit A (request for quote). Any modifications to the work defined in Exhibit A will be made in writing. The contract will be in effect once the hydro seed application is completed in the designated boulevard areas as defined in the request for quote. 3. CONTRACT PRICE The City agrees to pay the contractor $95 dollars/hour (ninety five dollars), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Total amount of this contract shall not exceed $30,400. 4. COMPLETION DATE Contractor shall complete his performance under this Contract once 90 days of boulevard watering has been satisfied (hereinafter "Completion Date"). The city reserves the right to reduce/extend the contract watering period at the city's discretion. 5. INSURANCEIBOND 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 Boulevard Watering Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage 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. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, detend 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. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. Boulevard Watering Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Ray Jordan -Ray Jordan & Sons, Inc. 1901 Klondike Drive NE, East Bethel, MN 55011 (763) 434-1637 The address of the City for purposes of giving notices and any other purpose under this contract shall be 5500 International Parkway, New Hope, MN 55428. The contact person for this contract is Shawn Markham, New Hope Contract Manager/City Forester -(763) 592-6763. 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 By Its City Manager CONTRACTOR �- Ir By s Representative Boulevard Watering Contract Page 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN } The foregoing was acknowledged before me this day of , 2014, by Kathi Hemken 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. STATE OF MINNESOTA) SS. COUNTY OF b'IE'P�'P1•C-RIN fp ®in as ackn vvledged b for me 2a b of zl-�- 1'4��� Notary Public day of on behalf of Notary Public Minneeote JmRm M March 5, 2014 Project Description and Work The city of New Hope is currently requesting price quotes for contracted watering of a 2014 hydro seeding project. This spring, the city of New Hope will be performing a hydro seeding project in the south end of the city. We are asking interested vendors to submit quotes for daily watering of boulevard areas once the hydro seeding project has been completed. The quote should include the cost for all services, materials, labor, and associated costs for daily watering of designated boulevard areas. The city of New Hope will supply and provide access to water for the entire project. Currently, the project consists of approximately 99,000 square feet of boulevard area that are in need of daily watering. These areas are located within the city right of way, in neighborhoods in the south side of New Hope. A map of the area is included in this packet. The watering project shall include daily watering sufficient for seed germination and growth and provide a minimum water application rate of 1" each week on all hydro seeded areas for the duration of the project. We are requesting vendors provide price quotes for 30 days, 60 days and 90 days of watering. Work must begin immediately upon completion of each area being hydro seeded and mulched within the project area, once the city has received a fully executed contract for the work, has received a current certificate of liability insurance meeting New Hope's minimum coverage amounts, and has received performance and materials/labor bonds, each in an amount at least equal to the contract price. Completion of the work will be dependent on the contract length. General Requirements The city of New Hope requires that the firm selected to provide the boulevard preparation services must be insured. The selected firm will be required to provide the city with a certificate of liability insurance. Insurance coverage must equal or exceed the following amounts: EXHIBIT A a) General Contractor Liability: $1,000,000 b) Automobile Liability for all Automobiles: $1,000,000 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 herein described. 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 form 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 the 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) or (B). 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 review and approval by the New Hope city attorney. Equipment All application equipment utilized must be in good condition and have been designed and built specifically for watering applications such as this project, and not merely modified to do so. Filling of vehicles will require utilization of an RPZ or adequate air gap equipment to avoid backflow contamination. Hours of Operation The city will allow work to occur between 7:00 a.m. and 5:00 p.m., Monday through Friday. Weather The city reserves the right to postpone/restrict any watering application if weather conditions are suitable for plant growth, i.e. excessive rain events. It is the contractor's responsibility to EXHIBIT A contact the city for a final determination if watering will be postponed. Watering postponement will be determined by representatives of the city of New Hope. Days when watering does not take place will be prorated. Cancellation/Payment The city, at its discretion, may terminate the contract at any time without penalty. Said termination is to be made in writing. Payment may be paid. in full, or partially withheld should any of the contractor's obligations as described within these specifications not be fulfilled to the satisfaction of the city. References Please provide the names and telephone numbers of at least two references for whom you have provided comparable services. References from municipalities and/or commercial properties are preferred. If interested, please submit a price quote for the services described on the attached quote form to be received no later than March 19, 2014. Quotes may be submitted by mail to: City of New Hope Attn: Shawn Markham 5500 International Parkway New Hope, MN 55428 or by fax to (763) 592-6776 or Email to smarkham@ci.new-hope.mn.us For additional information, contact Contract Manager Shawn Markham, at 763-592-6763 or smarkham@ci.new-hope.mn.us, or Public Works Director Bob Paschke, at 763-592-6766. EXHIBIT A CITY OF NEW HOPE CONTRACT WITH RAY JORDAN & SONS, INC. FOR BOULEVARD PREPARATION IN NEW HOPE PROJECT #934 c;� ary For valuable consideration as set forth below, this contract dated the 31st day of March 2014, is made and signed by the City of New Hope (hereinafter "City") and Ray Jordan & Sons, Inc. (hereinafter "Contractor") 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in Exhibit A (request for quote). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $32,600 dollars (thirty two thousand six hundred dollars), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Total amount of this contract shall not exceed $32,600. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 31it day of May, 2014 (hereinafter "Completion Date"). 5. 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 Boulevard Preparation Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage 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 Contractors 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. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7 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. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. Boulevard Preparation Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Ray Jordan -Ray Jordan & Sons, Inc. 1901 Klondike Drive NE, East Bethel, MN 55011 (763) 434-1637 The address of the City for purposes of giving notices and any other purpose under this contract shall be 5500 International Parkway, New Hope, MN 55428. The contact person for this contract is Shawn Markham, New Hope Contract Manager/City Forester -(763) 592-6763. 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 Byeri'✓�G,-- Its ayor By Its City Manager CONTRACTOR J -01an SdfT$ ll C- 1 By Its Representative Boulevard Preparation Contract Page 4 STATE OF MINNESOTA ) )ss' COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of 2014, by Kathi Hemken 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. STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN ar&� 201 of Notary Public of on behalf of rZoo L.AA March 5, 2014 Project Description and Work The City of New Hope is currently requesting price quotes for a package of multiple residential site preparations. The site preparations will be performed prior to hydro seeding, which will be performed by city staff. Originally, residential boulevard areas in the City of New Hope were restored during a 2011 street improvement project. In 2013, segments of the boulevard sod restoration did not survive and the City of New Hope now is looking to restore the famed sodden boulevard areas with a hydro seeding / mulch application. We are asking interested vendors to submit a quote that will include the removal and disposal of the existing dead sod and all preparations to the identified boulevard areas for hydro seeding. The quote should include costs for all services, materials, labor, and associated costs for proper soil preparation of designated boulevard areas. Quotes provided must be broken out into unit cost per square foot using the attached format. Currently, the project areas, in need of soil/site preparation consist of approximately 99,000 square feet of boulevard area. The project is located within the city right of way in neighborhoods located in the South portion of New Hope. Areas may be added to or subtracted at the discression of the city at which costs will be based on the cost per square foot. The soil preparation shall include following details: • Responsible for calling in locates for all utilities at each location. • Responsible for all required permits. • Removal and disposal of all dead sod in designated boulevard areas. (map attached) • Prior to tilling, amend any soil areas which are not at levels that match existing boulevard grades or lack significant depth of organic soil acceptable for plant growth. These areas will be determined during the project; we anticipate most areas will require at least 1"-2" of additional soil. A. Soil amendment material will comply with Premium Topsoil Borrow: Shall be a mixture of topsoil, compost and soil moisture amendment pellets. The following shall be blended together prior to placement: 1. 50% by volume Select Topsoil Borrow conforming to MnDOT Spec 3877.2B EXHIBIT A 2. 50% by volume Compost conforming to MnDOT Spec 3890.1, Grade 1 Prior to tilling, make soil adjustment of PH and fertilization with recommended elements. 1. Topical application of 90% elemental sulfur at 23lbs./1000sq.ft (.2lbs/sq.yrd). 2. Topical application of fertilizer (9-23-30) at 71bs./1000sq.ft. (.06lbs./sq.yrd.) Till the soil to a minimum depth of 6" to alleviate current compaction issues. Hand grade (to avoid compaction of soils) all designated area slated for restoration. Work may begin once the Minnesota Department of Transportation has lifted winter road restrictions; the city has received a fully executed contract for the work, the city has received a current Certificate of Liability Insurance meeting New Hope's minimum coverage amounts; and has received a Performance and Materials/Labor Bonds, each in an amount at least equal to the Contract Price. All work is to be completed on or by May 3rd, 2014. General Requirements The city of New Hope requires that the firm selected to provide the boulevard preparation services must be insured. The selected firm will be required to provide the city with a Certificate of Liability Insurance. Insurance coverage must equal or exceed the following amounts: 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 herein services. 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 EXHIBIT A 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 the 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) or (B), 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 review and approval by the New Hope City Attorney. Hours of Operation The city will allow work to occur between 7:00 a.m. and 5:00 p.m., Monday through Friday, and Saturday withstanding disruption to the resident at hand and immediate neighbors across and adjacent. Cancellation/Payment The city, at its discretion, may terminate the contract at any time without penalty. Said termination is .to be made in writing. Payment may be paid in full, or partially withheld should any of the contractor's obligations as described within these specifications, not be fulfilled to the satisfaction of the city. Final payment will be upon submission of completed invoice and receipt of IC134's. References Please provide the names and telephone numbers of at least two references for whom you have provided comparable services. References from municipalities and/or commercial properties are preferred. Please Note: The city reserves the right to remove/add any restoration parcels from/to the contract and subtract/add the associated cost with no impact to the quote submitted by the contractor for the remaining parts. For any restoration parcels deleted from the contract during the project, payment will be made only for areas where boulevard restoration has been completed. EXHIBIT A If interested, please submit a price quote for the services described on the attached quote form to be received no later than March 19, 2014. Quotes may be submitted by mail to: City of New Hope Attn: Shawn Markham 5500 International Parkway New Hope, MN 55428 or by fax to (763) 592-6776 or Email to smarkham@ci.new-ho e.mn.us For additional information, contact Contract Manager Shawn Markham, at 763-592-6763 or smarkham@ci.new-hope.rnn.us, or Public Works Director Bob Paschke, 763-592-6766. EXHIBIT A S'%- t t,n t ha A a -y -i j. Bond # R882140058 PAYMENT BOND The American Institute of Architects, RIP, document No. A312 (December, '1981 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (flame and Address): Ray ,;ordan & Sons Inc 1901 Klondike Dr NE East Bethel, MN 55011-4652 OWNER (Name and Address): City of New Hope 4401 Xylon Alva !North Now Hope, MN 55428 CONSTRUCTION CONTRACT Date: 05127/2014 Amount $'?4,000.00 Description (Name and Location): Sadd11)9 - New Hops, MN BOND Date (Not earlier than Construction Contract Date): 0512712014 Amount: $24,000.00 Modifications to thi Bond_ 0 None © See Page 2 CONTRACTOR AS PRINCtPAL Company: (Corporate Seal) Flay .Jordan 8 Sons lr� Signature. Nome and Title: (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER: I The Contractor and the Surety, jointly and severally, bind them- selves; their heirs executors, administrators, successors and assigns to the Owner to pay for tabor. materials and equipment furnished for use in the performance of the Construction contract, which is incor- porated 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 Construc- tion Contract, provided the Owner has promptly notified the Con- tractor 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: SURETY (Name and Principal Place of Business)' Oki Republic Surety Company 1503 42nd St #100 West Des Moines, iA 50266 SURETY � =•:�� Company: eat) Old Republic Surety Company Signature: r...."_+[. Name and Title: OWNER'S REAESENTATIVE (Architect, Engineer or other party); 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 Bund and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct Contact with the. Contractor. _1 Have furnished written notice to the Contractor and sent 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 staling, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the tabor was clone or performed, and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of tarnishing the above notice 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. ornc NI U tF-93l Page I of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptty 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 Band, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. B Amounts owed by the Owner to the Contractor under tete Construc- tion Contract shall be used. for the performance of the Construction Contract and to satisfy claims, if any, :Hider any Construction Perfor• mance 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 obli- gations of the Contractor and the Surety under this Blind, 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 far payment of any costs or expenses of any Claimant Under this Bond, and shall have under this Bond no obligation 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 Contractor to related subcontracts, pur- chase 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 worX is located or after the expiration of one year from the date (f ) 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 materials or equipment were furnished by anyone tinder the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this 11 ODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jutisdiciion of the suit shall be applicable, 12Notice 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 statu- tory or legal requirement shall be deemed "eled herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shrill 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 famish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or enfity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish tabor, materials or equipment for use in the performance of the Contract. The Intent of this Bond shall be to include without limi- tation 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 Construction Contract, architecture[ and engineering services required for performance of the worts of the Contractor and the Contractor's subcontractors, and all other items for which a mechardes lien may be asserted in the jurisdic- tion 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 Dafauil: Failure of the Owner, which has neither been remedied nor waived, to pay the. Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof, (Space is provided below for additional signatures of added parties, other then those appearing on the cover page.) CONTRACTOR,4lS PtttNCIPAI Company: / ,jar t'eg k JrSo)Z' :Jh( (Corporate Seal) S�natelre; Name and Title: Owner X, Address: -AM Zndtke Or NE SURETY Company: ,Old Republic Sure Com an r Signature: „', ,Tea;�'� �;�r: ✓', Name and Title: Attomey In Fact Address: 5241 Vikin Chive East Bethel, MN Page 2 of 2 Bond # RSB2140058 ,r PERFORMANCE BOND The American Institute of Architects, :`t AIA Document No. A312 (December, 1984 Edition) r u Any singular reference to Contractor, Surety, Owner or other party .shall be considered plural where applicable. CONTRACT OR (Mame and Address): OWNER (Name and Address), Ray Adordan & Sons Ino City of New Rope 1901 Klondike Dr NE East Bethel, MN 550114652 CONSTRUCTION CONTRACT Data ON27=i i Amount: $24,M0,00 Description (Name and LocsSon): Sodding - New Hope, MN FOND Date (Mot earlier than Construction Contract Date):05*?M14 Amount: 524.1X ,00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seel) Ray Jordart ns t rA— Signature: �. Name and Title: Owner (Any additional signatures appear on {rage 2 ) (FOR rN15ORMAT)ON Only- Nrame, Addram and Toeophane) AGENT or BROKER: 1 The Contractor and the Surety. jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by referenco. 2 If the Contractor performs the Construction Contract. the Surety and the Corttractor shall have no Obligation under this Bond except to par• ticipato 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 con- sidering declaring a Contractor Default and hes requested and attempted to arrangea conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of pertarming the Constriction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shell not waive the Ownef's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared 9 Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shell not be declared earlier than twenty days atter the Contractor and Surety have received notice as provided in Subparagraph 11; and 4401 Xylon Ave North New Hope, MTI 55428 SURETY (Name and Principal Place of Business): Ofd Republic Surety Company 1503 42nd St #100 West Des Moines, !A 50265 ® gone Q See Page 2 SURETYt�. a ` �. 1 Company: (t 'S e j ) Old RepubcSuretyCompany Signature: Name and Title: Attorney in Fad t OWNE'R'S RLPRESENTATIVE (Architect- Engineer or other PadYi:. 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance witt't the terms of the Construction Contractor to a contractor selected to perform the Construction Contract in accordance with the farms 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 indepeident contractors, or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pteiton of the Construction Contract, arrange tar 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 resniting from the Contractor's default; or OFMC mire (IM) Pegg 1 of 2 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 atter the amastia is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify. the Owner citing reasons therefor. 6 If the Surety does not proceed as provided In Paragraph 4 with reasonable promptness, the Surety shalt 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 Bund, and the Owner shalt 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 it 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 thu 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 Suroty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec• tive 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 speci- fied 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. B 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. $ Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work of part of the worts is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or feiis to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation availatale to sureties as a defense in the jurisdiction of the suit shall bs applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to (he address shown on the signature page. i1 When this Bond has been furnished to comply with a statutory or other le-lal requirement in the location where the ctmstmclion was to be performed, any provision in this Bond Conflicting with said statu- tory or legal requirement shall be deemed deleted herefrvm and provisions conforming 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 Contractor 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 tate Contractor under the Construction Contract. 12.2 Construction. Contract: The agreement between the Owner and the Contractor identitied on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Defaull* 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 Own or 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 theieof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTtiYS PRINCiPAll (Corporate Seal) Company= SURETY Company: r." -9w a Address: /'741 C. Q L' . Address.,. : Name and Title r • , , ,,'; �" f Name and Tula:... 4 �"^. Signature: i Signature: f -f:�'`� _ to __.�_,� •• !` ORSC 22119 (10-93) page 2 of 2 to 1 I, ,F" f° -U131- I SURETY COMPANY �A :* POWER OF ATTORNEY KNOW ALL MEN BY THESE P"SEN'f S: That OLD REPUBLIC: SURETY COMPANY, a Wisconsin stock insurance cvrporation; do,$ male, constitute and appoint: RICHARD F. MCKENNY'RICKY J. SIREK. , DAVID C. HOSCHETTE, DARLENE It, RODGER, THERESA MURPHY, DOUGLAS: M. MCNURLIN, DEE KAYE OVERTON, OF EDINA, MN its true and lawful Attorney(s)-in-Fact, with full power And authority, notexceeding $20,000,000, for and on behalf of the company as surety; to exccutc.and deliver and,affix the seal of the company thereto of a seal is required), bonds: undertakings; recoozances or other voritten obligations in the nature thereof, ,-tth, t. a;, €:,.1 A' . 11? i 'a6. :1P' 11, !`' ol" !h -,i) r•'..rP .�, i ..:1. •a ,t: t saL<. kt 1' 1•. ,.1.. , a , .- ,..t 1.1..''F. i w . 11 -QM,-t ..., 3,.. 5: ,,. .. • • "k; _ - ._t :.i. .•.-i1'. r..t..,_ _-,J.!.,-1._onb•✓:3,a,'III.... ..i= ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGAf,E OP TWO HUNDRED FIFTY T14OUSAND D0LLARS(S250,0W)--------.- FOR ANY SINGLE OBLIGATION. REGARDLESS 01•'f HE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGAI ION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Altorncys-in-Favi; Pursuant to these presents, are ratified and confirmed. ,; , x ,'::,,t .� , n t; :Dat , d • ; s:-• w _ .a et,t !Q,- ;i This appointmm. t is me& under arid by authority of the board trfdireclors at a spend mechng held on February 18, 198?. This Power of Attorney is signs d and soaded by tocaimile. under and by the authority ol'shv fotlowir4 tesolutiom adopted by the board of directors of the OLD REPU13LIC SURL rY ( OMPA NY on February 18, 1982. RESOLVED that, the president; any vieppresr.lent, or assistant vice president, inconjunction with the seer Lary or any assistant secretary, may appoint attorneys -in -feet or agents -with authority as defined or limited in the instrmncttt evidencing the appointment in each rase, for and on behaif.of the company to axecute and deliver and aux the seal ofthe company to.honds, undertakings, recognirarwes, and suretyship obligations of all'kinds; and said officers may remove any such attorney-in-fact or agent and revoke any. Power of Attorney previously gramd to such prison. RESOLVED FURTHER, that any bond, undertaking mcognizanckj, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president; any vice president. or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant socretary; or (ii) when signed.by the president, any vice president or assistant vire lift sident, se.:retary or assistant secretary, and countersigned and scaled (if a seal be required) by a duly authorized attomoy-in-Pact or agent: or (iii) when duly wwcuted and sealed (if n seal be equircd) by one or more attomtys-in-fact or agents pursuant to and'within the limits ofthe authority ividcnced by the Power of Attomcy issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be ,rtiixed by. facsimile to any Power of Attorney or certification thereof authorizing the execution and detivury of any bond, undertaking, recognizance, or other suretyship obligations of cite company; and such signature and seal when so used shall have the satire force and cffmt as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has.causM thew presents to be signed by its proper officer, and its corporate seal to N affixed this ---STH- day of.--JUiv_ 201? OLD REPUBLIC SURETY COMPANY $EAL r! ! .• STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President On this 5TH _ _ ,day of _ 1i VES tel i.? persanally carne before me,,. Alarr Pavlic _ _ and Phyllis M Johnson , to me known to be the individuals and officers of the OLD RFPb St IC SURETY.COMPANY who executed the above instrument, and they each acknowledged the execution orthe same, and being by me duly sworn, did severally depose and say. that they arc the said officers of the corporation aforesaid; and that the seal affixed to the ab6ve instrument is the seal of the corporation, and that said corporate seal and theirsignatui-cs as such officers were duly ati"txed and subscribed to the said instrument by the authority of the board of directors of said corporation. 4 6 ts in, %6t Fy+ Pubk My commission expires; 9/2Fd2Ol4 CERTIFICATE. 1, the undersigned; assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin: cot7roratioN CERTIFY that the. foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the Resolutions of the hoard of directors set fortis in the Power of Attorney, are now in force, 4{}•4417 1. 00 �„!e�i Signed and sealed at the City of Brookfield, WI this - day of SEALF ADVANCE AGENCY. INC, ✓ PLEASE INSERT IN THE POWER-OF-ATTORNEY SECTION OF YOUR BOND KIT (INDIVIDUAL ACKNOWLEDGMEWT) STATE ) ss COUNTY QlF On the, � -', 'Cl day within and for said county, personally ap-pear eE, known to be the person described in and who executed the foregoing she executed the same as he free act and deed. 2014 before me, a Notary Public: to me as Principal, and acknowledged to me that �,,�� SyC` ►N�i.S� 'i., N01:4io. ! Courrty'' arltdl S public My Commission Expires CORPORATE ACKNOWLEDGMENT STATE OF Minnesota ) } SS COUNTY OF Anoka i on the 27th day of May 4 2014 ,More rite, personally appeared to me known, who being by me duly sworn, did depose and say that he resides in that she is the President of the. Ray Jordan & Sans Inc the corporation described In and which executed the foregoing instrument; that knows the seal of said corporation; that the seal affixed to said instrument Is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that signed name thereto by like order. Notary Public County (Notarial Seal) My Commission Expires ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF Minnesota ss COUNTY OF Hennepin i 8n this 27th day of May _ , 2014 , before me appeared Theresa Mu h to me personally known, who being by me duly sworn, did say that she is the aforesaid officer or attorney In fact of the Old Republic Surety , a corporatism; that the seal affixed to the foregoing Instrument is the corporate seal of said corporation, and that said Instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Roard or Dirr.-e.. ergs• and tr,e aforesaid officer acknowledged sold instrument to be the free act and deed of said corporation. OMRA KAY SULLIVAAA MyrARY ]% .y,,�,g ,,: �.-� Coon I t WPM Etre. . all. ale Notary Public _ _ W , hf My Commission Expires w 3 i 0 l b INSTRUCTIONS Most Bonds Filod In Minnesota Require The Signature Of The Principal To Be Acknowledged By A Notary Public_ Also, The Signature Of The Attorney- In -Fact Should Be Acknowledged By A Notary Public. On The Bond Form Itself There Should Be Two Witnesses To The Signature Of The Principal And Two Witnesses To The Attorney -in -Fact. SSC 2757 (41,4)3) AC';►y�l.b�qIY R f�IC-r� FO LIABILITY r�� NrE DATE(MM/aDYYYC 5/12/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AMD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELQW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL. INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONT _ _.-. Theresa MurphyNAME_ Advance Insurance Agency PHONE (952) 631^1.928_ - - - FAX I9szl e33.-0572 5241 Viking Drive Ste 200 NTE PREMISE Eaocourran $ 100,,000 I NSURER(S). AFFORDm COVERAGE NAIL # Edina NIN 55435 _._ INSURERA:Auto Owners Insurance 189138 INSURED INSURER B:OWner S 32700 Ray Jordan Turf Farms, Lp ; INSURER C 1901 Klondike Dr NE INSURER D: --- -- a INSURER E : East Bethel MN 55011 INSURERF: COVERAGES CERTIFICATE NUM13ER:CT,1442400270 la1=VigIn1r NII IMI; ER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INN _ eAODLSUBR POLICY EFF POLICY EXP _ - ---- L R TYPE OF INSURANCE POLICY NUMBER M DfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 11000,00 0 X COMMERCIAL GENERAL LIA6ILITY r -- NTE PREMISE Eaocourran $ 100,,000 � A ! CLAIMS -MADE L n OCCUR .J 08751493 /1/2014 8/1/2015 ---�-. 0 ..MED EXP (Arty one person) S —5 , 00 0 I PERSONAL & AOV INJURY$ 11000,000 GENERAL AGGREGATE � $ 2,000,000 -5— - ---2 GENE L AGGREGATE LIMIT APPLIES PER: PRODUCTS . COMPIOP AGO r 000 , 000 POI ICY X PRA- LOC S AUTOMOBILE LIABILITYacg19!5 INGLE 00 1 000 000 B X ANY AUTO BODILY INJURY (Par person) 3 Al OMEO X SCHEDULED AUTOS AUTOS 975149300 4/1/7014 4/]./2015 BODILY INJiiRY(Par aocdanl) X NUT OOVNVE{} HIRED AUTOS AO'f05 I E -------- PRUPERTYDAMAGE ----. darn $ Underinsured mdoriatBts lit $ 1 000 000 X UMURFLLALIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAS _. CLAIMS -MADE ^RETENTrON$ AGGREGATE! $ OED X $ 8.751493 4/1/2014 4/1/2015 A 1 WORKERS COMPENSATtON XANY AND EMPLOYEFw LIABILITY YIN` FC1.100 000 PROPRIETORIPARTNERIEXECUTIVEE:L OFMCERIMEMBER EXCLUDED" in14H) NIA(Mandatory ,08162432 4/1/2014 4/1/2415 11rslI1y� &, describe under dIPTION ELGISE.E- LAEMPLOYe S IOG�,006 E.L. DSSEASF -POLICY LIMIT $ 5()0, 000 OF OPERATIONS bebw M - � t e f DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, lr nmta apace is requited) City of .New Hope 4401 Xylon Ave North New Hope, MAT 55428 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DACE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Larson/5138 1988-2010 INS025 (2aiuo6)of The ACORD name and logo are registered marks of ACORD TION_ All rinilfc rr+nnrvorl_ 2011 INFRASTRUCTURE IMPROVEMEN S PROJECT UPDATE CITY PROJECT NO.8 MAY 15, 2014 This notice is to update residents in the 2011 street infrastructure improvement project area on the latest events regarding boulevard restoration of areas where the sod did not survive. The contractor, Ray Jordan & Sons, has indicated they are ready to begin the boulevard hydro - seed restoration project. Weather permitting, the contracted removal of dead sod and preparation of identified sites may begin as soon as this Friday, May 4. City staff will follow the boulevard preparation crews once areas are prepared for the hydro -seed application. City staff plans to apply the hydro -seed mulch mixture on Thursdays. Once the hydro -seed mixture has been applied, contracted watering of the restoration areas will begin. Again, the approved watering contract is for a total of 90 days. Once the watering contract has expired, it will be the sole responsibility of the residents to continue watering the boulevard areas as no further restoration will be provided by the city. We strongly encourage continued watering of the hydro -seeded areas. If your boulevard has improved to the point where you do not want the contractor to till and hydro -seed your property please let us know as soon as possible. In this case, the home owner will be required to sign a statement that they are opting out of the boulevard restoration provided by the city. We know there are residents that have made improvement to their boulevard area and do not want to start the restoration process again. Contact Shawn Markham smarkham@ci.new-hope.mn.us or dial (763) 542-6763 if you wish not to have your bouleverd restored by the city's contractor. We will also make a physical attempt to contact you if your boulevard was once slated for restoration but now appears to be in good condition. The restoration will be offered one time. If you opt out of the hydro -seed restoration, the city will not return at a later date to restore your boulevard area. If you have any questions regarding the project, please contact Shawn Markham at smarkham@ci.new-hope.mn.us or dial 763-592-6763. CITY PROJECT NO. 877 BOULEVARD RESTORATION RELEASE AGREEMENT FORM Please complete and return to: New Hope Public Works 5500 International Parkway New Hope, MN 55428 or Email to: smarkham@ci.new-hope.mn.us or fax to (763) 592-6776 Name: Address: Weather permitting; the contractor for the City of New Hope will begin the initial boulevard restoration process as approved by the New Hope City Council beginning this week. During this project, the contractor will remove areas of sod that did not survive or are deemed unacceptable. You are in receipt of this release agreement because originally your boulevard was deemed unacceptable during a survey of the boulevard area in 2013. We understand some residents have worked hard on restoring their boulevards and may no longer want the city's contractor to remove areas of your boulevard and apply hydro -seed. If you wish to opt out of the restoration project, at no time in the future will the city come back to provide restorative services for your boulevard. In order to opt out of the restoration project, you will need to sign this form and send, email or fax the form back to us by Monday, May 19th. If we do not receive any correspondence, we will proceed with the restoration project at your address as designed. I do not want the city's contractor to restore my boulevard area. I am satisfied with the current condition of the boulevard area at my residence and fully understand that the city will not provide any future restorative services in the boulevard area. Signature of Property Owner: Date of Request: Request for Action J Originating Department Approved for Agenda Agenda Section Public Works June 23, 2014 Consent Item No. By: Bob Paschke, Director By: Kirk McDonald, City Manager 6.7 Resolution authorizing final payment to Ray Jordan and Sons Inc. for soil preparations related to the 2011 street project (improvement project no. 934) Requested Action Staff is recommending that Council pass a resolution authorizing final payment in the amount of $17,600 to Ray Jordan and Sons Inc. for soil preparations related to the 2011 street project (improvement project no. 934) Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of infrastructure and/ox improve the level of service in the best interest of the community. Background 1. Originally - Turf Restoration, 2011 Infrastructure Project No. 877 Included in the 2011 street infrastructure project, sod was installed in boulevard areas that were disturbed due to replacement of utilities. The original cost of sod installation for the 2011 project was $122,200. A significant portion of sod did not survive over the many dry months of 2012 and 2013. Council, staff and residents discussed the situation at the Council's work session on May 20, 2013. After reviewing, Council informed the residents that the city would explore options to address the condition and requested that staff solicit separate quotes for installing new sod or for seeding these areas. Staff proceeded with specifications requiring a base quote that included removal of all dead sod and preparation of the top soil prior to the installation of new sod, hydro mulch/seeding and additional watering as options. Quotes were requested from six turf restoration companies. Only one contractor, Peterson Companies Inc., responded. Their quote was $274,330 for site preparation and an additional $115,500 for installing sod, totaling $389,830. The alternate quote was $274,330 for site preparation and an additional $83,050, totaling $357,380, for hydro mulch/seeding. Both alternatives included 90 days of watering. At the June 24, 2013, Council Meeting the Council rejected the quote because the cost was excessive. Motion by & Second by To: q L•\RFA\PUBWORKS\2014\SoilPreparation for 877 Resolution authorizing final payment to Ray Jordan & Sons n Request for Action, Page 2 June 23, 2014 During the work session on September 16, 2013, Council expressed preference for the hydro mulch/seed option and authorized staff to perform soil testing and analysis with a recommendation for soil treatment by a professional agronomist. Again staff submitted quote packages for soil preparation. Bids were solicited from 28 vendors for soil preparation and watering of hydro -seed within the project area. Staff entertained quotes for soil preparation and watering contracts separately, as the purpose for each are indirectly related as New Hope staff planned to perform the hydro mulch/seeding in-house. Two vendors submitted quotes: Peterson Companies Ray Jordan & Sons Soil preparation • Watering 90 days Soil preparation $117,810 $104,000 Total $221,810 $17,600 • Watering 90 days ($95/hr) $15,000 (estimated 156 hrs) Total $32,600 Hydro -mulch, tack binder, and seed were purchased of by staff at an approximate cost of $5,000. The city of Plymouth lent its Finn Hydro -Mulch tanker truck to New Hope at no cost. Our city staff was trained and performed the Hydro -seed application. After using the equipment staff advises to place a Hydroseed unit into the equipment CIP as many purposes have been discussed for future uses considering cost savings and efficiency factors. The total combined/completed restoration is expected to total approximately $37,000. This is approximately $353,000 less than the first re -sad bids brought to council one year ago. The work is now complete and staff recommends payment to Ray Jordan & Sons. The street infrastructure fund will finance this project. Attachments • Resolution City of New Hope Resolution No. 1493 Resolution authorizing final payment to Ray Jordan and Sons Inc., for soil preparations related to the 2011 street project (improvement project no. 934) WHEREAS, the city has received comments from residents regarding the current condition of the sod in the boulevard areas of the 2011 street infrastructure project; and, WHEREAS, the Council requested staff to solicit quotes to restore the turf in the boulevard areas of the 2011 street infrastructure project; and, WHEREAS, the city had received quotes and the Council ordered to proceed with restoration of the turf in the boulevard areas; and, WHEREAS, the quote of Ray Jordan and Sons Inc., in the amount of $17,600 for the project of soil preparation was the lowest responsible bid submitted; and, WHEREAS, Staff and engineering staff have inspected the boulevard areas of the project and find the work acceptable and satisfactory it is recommended Council authorize final payment of this portion of contracted work to Ray Jordan and Sons Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: That the City Council approves the final payment in the amount of $17,600.00 to Ray Jordan and Sons Inc., for soil preparations related to the 2011 street project (improvement project no. 934). 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 23th day of June 2014. , Mayor Attest: ��.���.f City Clerk Ray Jordan & Sons, Inc. 1901 Klondike Dr. N. E. East Bethel, MN 55011 Bill To CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPW, MN 55428 ATTN, SHAWN MARKT-IAM Invoice Date Invoice # 6/20/2014 14-33 I.0. No. I Terms I Project I Quantity Description 11,000 SY REMOVAL OF SOD, TRUCKING AND DISPOSAL 11,000 SY AMEND SOD WITH SULFER AND FERTILIZER 11,000 SY 6" TILLAGE OF SOIL 11,000 SY HAND GRADE BLVD AREAS 300 CY PREMIUM TOPSOIL BORROW t7, boo 1)52q- NS -20 Rate PURCHASE DESCRIBED IS Public WorYa COMPLETE & CORRECT CHARGE TO ACCOUNT 660.00 0.21 supervisor Ds1 f mthorization 25.00 Dept Head Da�te7 — --If � — t7, boo 1)52q- NS -20 Rate Amount 0.93 10,230.00 0.06 660.00 0.21 2,310.00 0.40 4,400.00 25.00 7,500.00 Total $25,100.00 Jun. 24. 2014,8 10.43AM Contractor Affidavit Submitted 'w 614ter lnfolmalm ROVVW SAQ $uhmit Carrdpltte Thank you, Your 00AIM lar Aigdavil lase baso approved. CoMlrmatron Sumsunary CionAremAm Nunbari 04"W40 Sa v"W Dale sod Time. 214Wn-1019 1011 SAM 4.egp1 slots: RAY JORDAN L SONS INC pwand e"ID)WID: 41,1961905 user Wbo Subtabiam eaeryinegquled Type of RJ:qutO SubmHkrd: ConUatdbrAlfidwil Affidavit Summary Af idsrh Nwnbar. 2x W3472 AGOCK00MMTOtr: dMIA6 Prolm Oaear: CITY OF NEW HOPE Vrejecl Namb4r, 684 proJ2tl Bap D"! 2LMAY.1014 FrojeadrollOslo! 1JUII.2014 Proled Lacallon: NEW NOPE. MN ProjedAmowL 125,100.00 Subconkacmr No 9600 lreoloa important message$ A copy o1 WO page Mal be proWded ro"tMilattorof 9ompmont ag"w lhalNied you. No. 5936pa&P' _ 2jf 1 Contact Us If you need 1uMer eseleranae, conma our auearnknn6 To Milian al (Metro Arca) 651-,629999, (Grgler MWwWa) e00- 65746", (P{Y users) Call 711 tv Mlnneso" Rainy, or (emeiq have aro 6:00 a.m. - 4!60 p.m. Monday + Friday. Now to View and print this Request You sen sae capias o1 your request; ay going It Me Migim Tab, To pdnl or amts rl can trims conflrmelion Page, click one of Ore bulwne below, Pm11arFAen01y , Emallsda Cereat4 Us Abaul Ue Taxpayer ltigho Oihw Lamgwga Fri✓arar 6, Saw Ay Use oI Inlw+neUon Link Patty M;MaeeMs.6ev Preud Ale$ Sbe Help Rdwed Giles Careers ip https://www.mndor.state.mn.us/tp/eseMees/­/ 6/24/2014 2014 BOULEVARD RESTORATION PROJECT UPDATE CITY PROJECT NO, 934 OCTOBER 14, 2014 This notice is to update residents in the 2014 boulevard restoration project area on the latest events. The turf growing season is coming to a close; in spring there is additional attention that will be provided to finalize the boulevard improvements. New Hope staff will continue to water the project area this fall to help the germinated seed better establish before the winter moves in. This fall city staff had reapplied hydro -seed on several stressed areas within the project; approved locations have been provided with weed control and fertilized; as well consistent watering has.followed throughout the project. The turf has responded and improved greatly from earlier this year. In spring, the focus will be a prescribed approach as some boulevard areas are doing quite well, while others need improvement and will be addressed. Staff looks forward to make continued improvements to your neighborhood. Thank you for your patience and cooperation. If you have any questions or concerns, please contact Shawn Markham, City Forester/Contract Manager at (763) 592-6763 or Email me at smarkham@ci.new-hope.mn.us Dane Valerie From: McDonald Kirk Sent: Monday, October 20, 2014 8:42 AM To: NH Council Cc: Leone Valerie Subject: FW: Boulevard Restoration Project Comment Importance: High Mayor and Council Members: Passing these comments along FYI. Kirk From: Markham Shawn Sent: Monday, October 20, 2014 7:22 AM To: McDonald Kirk Cc: Paschke Bob; Weber Bernie Subject: FW: Boulevard Restoration Project Comment Importance: High Kirk, FYI -Below is an Email sent by ,, resident who lives in the boulevard restoration project neighborhood. I told her I would forward her comments on to you. Shawn From: Connie LaBoda[mailto:conniel@redkingfoods:com] Sent: Friday, October 17, 2014 2:33 PM To: Markham Shawn Subject: Boulevard Restoration Project Comment Importance: High Shawn, As a resident of New Hope for the last 30+ years I wanted to make a comment in regards to this boulevard restoration project. From the beginning when all the street repairs, etc. occurred (3 years ago) it was very clear as one walked the neighborhood, which homeowners would see success on their sod/grass that was put down and those that wouldn't. Those homeowners must be under the assumption that they aren't responsible for anything in regards to their grass/property and by the look of some of the homes/property it is certainly clear they don't care. Throughout this third summer, it has been very clear by not only us, but by many of our neighbors that those residents don't do anything to maintain/assist in the growth of that grass seed - no one waters, AT ALL. Our particular block has had great success since the sod was originally put down, but that is because we all have common sense to be watering and not have the expectation that it's not our responsibility but the city's. Is the city planning on taking care of these homeowners forever - the lack of growth of the grass is because they didn't do anything once the sod was put down - the rest of us shouldn't have to continue to pay for their lack of any common sense. As a taxpayer, those homeowners have the responsibility to participate in the care of their property and being that they can't/won't, I'm tired of our tax dollars/labor hours (or if this is money of an outside contractor) being used to keep their lawns watered - which again isn't working. You can't just water one quick time a week and expect the grass to grow! The city needs to stop holding these homeowners hands and require them to take the appropriate care of their property, not the rest of us taxpayers. Thank you. conni e I @ red ki ngfoods.com PRIVACY/CONFIDENTrALITYNOTICE' This email communication may contain private, confidential, or legally privileged information intended for the sole use of the designed and/or duly authorized recipient(s). If you are not the intended recipients) or have received this communication in error, please notify the sender immediately by email and destroy all copies of this email, including all attachments, without reading them or saving them to your computer or any attached storage device. If you are the intended recipient(s), you will need to secure the contents conforming to all applicable state ardor Federal requirements related to the privacy and confidentiality of such information, including the 14IPAA Privacyguidelines Ray Jordan & Sors 1901 Klondike Drive N.E. East Bethel, MN 55011: Ray Jordan, Effective immediately, the city of New Hope requires Ray Jordan & Sons cease all work in the city of New Hope in the contracted turf restoration project area particularly any future watering of the hydro seed areas. The city of New Hope is terminating the watering contract between Ray Jordan & Sons and the city of New Hope. The city of New Elope and. Ray Jordan & Sons had agreed upon certain conditions pertaining to the watering of the hydro seeded project area which were not fulfilled. 1. Communications: The contractor was to contact the city as to when watering would occur. This was acknowledged by the contractor and informed that these communications would take place. To date, the city has never received these communications about specific watering dates or tithes from the contractor. 2. Creation of a log Crook: A log boob was to be created, accessible to both parties, so the city could verify which days the hydro seed was watered. To the city's knowledge, this log book has never been created. 3. The Luntractor was to provide adequate watering for the hydro seed to survive: The watering of the hydro seed area has been completely inadequate. The city of New Hope has repeatedly requested watering at critical times during the hydro sued process (immediately after a hydro seed application, during dry periods when the soil was dry and cracking, etc.). We have received little to no communication or action upon the city's request. The sporadic watering and/or complete absence of watering by Ray Jordan & Sons has required the city of New Hope to perform adequate watering of the hydro seed by its staff. This unexpected work load assumed by the city has caused a reduction in productivity of other essential city services. The lack of adequate watering has caused a loss of hydro seed and has created an extremely dissatisfied public, city council and city staff. In addition, the lack of communication from Ray Jordan & Sons pertaining to watering dates has led city staff to proceed to the project area to complete the watering only to find Ray Jordan & Sons on site without notice. Due to the losses created by the inability of Ray Jordan & Sons to fulfill the agreed upon terms of the watering contract including but not limited to staff time, equipment usage, other delays in city services, etc.: The city is currently reviewing the invoice submitted by Ray Jordan & Sons and determining the total loss accrued by the city of New Hope. Again, this is official notification to cease and desist all work in the contracted turf restoration area by Ray Jordan & Sons. ZkL Shawn Markham City of New Hope 4401 Won Avenue Nortlh o Nuw 1: ope, .M.inne5ota 55428 4898 O www. cine,.v-bope.mn.us City Ffal1. 763-5'31.510+) ^ Policc, (non-emvrgencv): 760'-531-53.70 9 Public Works: '763-332- - 777 J, TDD87EM145109 City 1 fall Fax: 761-531-51:36 e Police Fax: 7611-931-5174 9 Pablic Works r -x: 763-592-6776