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91-094 r . -... . . . " RESOLUTION NO. 94 -91 A RESOLUTION ACCEPTING FREEMAN PARK IMPROVEMENTS PROJECT NO. 90PK-1 WHEREAS, on September 18, 1990, the City accepted the bid of Showcase Landscape, Inc. (the Contractor) and entered into an Agreement for irrigation improvements at Freeman Park as Project No. 90PK-1. WHEREAS, said Agreement provided for the Contractor to perform such irrigation improvements at Freeman Park in accordance with the plans and specifications prepared by the City Park Engineer; and WHEREAS, said work has now been completed by the Contractor, as further described in that certain memorandum of the City Park Engineer dated August 27, 1991, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Contractor the irrigation improvement work designated as Project No. 90PK-1. 2. That final payment be made to the Contractor upon receipt of Affidavit, State of Minnesota Form 1C-134, and Receipt and Waiver of Lien Rights from Showcase Landscape, Inc. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of September, 1991. ATTEST: ~~'VNA C~ 'la~es C. Hurm City Administrator O VanDoren Hazard Stallings, Inc. . Architects. Engineers. Planners AUG 2 8 /99/ August 27, 1991 Mr. Jim Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Jim: Enclosed, please find a copy of the third and final Contractor's Application for Payment for the irrigation improvements at Freeman Park. Showcase Landscape, Inc. completed the project and upon final inspection, the system was operating as designed. Therefore, approval of the final payment request is recommended contingent upon the City receiving a warranty bond covering the required two year warranty period. I have requested that Showcase send the bond directly to your office to expedite payment. Final payment should not be sent to the Contractor prior to receipt of the bond. If you have any questions on this matter, please contact me. Sincerely, .' ~~~L8'? R. Mark Koegler Vice President RMK:dbm Enc. cc: Tim Pearson, Showcase Landscape, Inc. SHOWBND.L15 . 3030 Harbor Lane North, Bldg. II, Suite 104, Minneapolis Minnesota 55447-2175 (612) 553-1950 r' { r. TO . I I t f f ;[ I ~ { ~. II I: Ii \~ /\ !. Ii \, I \{ t t l CONTRACTOR'S APPLICATION FOR PAYMENT ltECEIVED ~~;+I VAN DOREN STALLINGS HAZARD (Owner): Application No. Three (3) City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Percent Camp 1 ete 100 Period from 1/4/91 t. to Finish .F ROM (C 0 n t r act 0 r ) Application Date: 8/21/91 Application Amount:$ 1,893.85 , VIA (Engineer) Contract for: Van Doren-Hazard-Stallings, Inc. 3030 Harbor Lane North Minneapolis, MN 55447 Freeman Park Improvements Improvement Project No. 90PK-1 Contract Date: 9/18/90 Original Contract Amount Change Order Summary . . . . . . . . . . . . . . . . . . . . . . . $ 37,877.00 C.O. No. Date Approved Additions Deductions Net Change by Change Qrders.............................$ 0.00 Contract Amount to Date.................................$ 37.877.00 /" Total Completed to Date.................................$ 37.877.00 ; Mat e ria 1 s 5 tor e d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ o. 00 Total Completed and Stored..............................$ 37.877.00 ..-- R eta ; nag e 0 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 00 Tot alE a r n e d 1 e s s R eta 1 nag e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37, 877 . 00 Less Previous. P.Jmen~s..................................$ 35;98k5 Amount Due th1S Appl1cat1on............................~1 893.85,,) I' I .1. \t FREEMAN.S15 L:_ AP-1 191 I I ,. I- , \e I I 1 Ie \ The under signed Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior application for payment under said Contract, being Applications for Payment numbered through ~ inclusive; and (2) all materials and equipment incorporated in said proJleCt or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated ~ -~\ , 19~ \~~C~~~ \..~r.J~~C~~1 'ltoL. Contractor ---- By;~k-,-, ~<f4/o'4 /;L Na e and Tltle County of V\ ~ 1\.') (\j ~ ~- \ to \\, tVN\:. ~\..P\ , state of Before me this ~\~~ day of ~U~\...~\. , 19C\\ , persona lly appeared S:.t't.\7E \-\00 'i:tOP.'L'Lu.. known to me, w~ being duly sworn did depose aniPsay that he is the ~Q.\:.~,~~vt.. (Office) of the Contractor above mentioned; that he executed the above Appl ication for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. i)"li': ROBIN L. DEYOUNG NOTARY PUBUC. MINNESOTA HENNEPIN COUNTY My co.... ..n.. __...... .. Notary My Commission Expires: ~-~-~~ Dated APPROVED FOR PAYMENT: By: , 19 Dated . CITY OF SHOREWOOD By: ENGINEER , 19 FREEMAN.S15 AP-2 , O VanDoren Hazard Stallings. Inc. . Ar'chieeces . EngIneer's. Plsnner's August 27, 1991 Mr. Tim Pearson Showcase Landscape, 2884 Vicksburg Lane Plymouth, Minnesota Inc. North 55447 Dear Mr. Pearson: We are in receipt of your third and final payment request for the irrigation improvements at Freeman Park in Shorewood. We have recommended payment of the request contingent on receipt of the warranty bond identified in the specifications. Section 13 of the Special Conditions states, "The Contractor for this work, shall guarantee and maintain the stability of all his work, equipment, and materials for a period of two (2) years from date of final payment. The two (2) year maintenance guarantee shall be a separate Warranty Bond for the total cost of the contract and shall be provided at the time of final acceptance of the work by the City. " . In order to expedite your final payment request, please submit the required warranty bond to Mr. Jim Burro, Shorewood City Administrator. If you have any questions on this matter, please contact me. Sincerely, ~~~ R. Mark Koegler Vice President RMK:dbm Enc. cc: <"lit'. Jim Burro, City of Shorewo~ SBOW#3.L75 . ~o~o H.n.hn.. T .a..... 1\Jn..+h Rl.t.... TT Qua.. 1nA u;~~....~^".. U;~~....^4-.. I';:I';:AA'7~91 '71';: 11:'19\ 1';:1';:'J.1QI';:/\ .,'r BOND NO. 1227241 PREMIUM: $1,136.00 D PREMIUM BASED ON eON'AL CONTRACT PR'~RFORMANCE eFlN AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that we, hereinafter called the Principal, AMWEST SURETY INSURANCE COMPANY , he re in a fter ca 11 ed and firmly bound unto City of Shorewood, hereinafter the full and just sum of: Showcase Landscape and the Surety, as held called the Owner, in Thirt awfu money of the Unite be made, we bind ourselves, our heirs, administrators, successors, and assigns, jointly and severally, firmly . The condition of the above obligation is such that, W EREAS, the bounden Principal has, therefore, on the I!/~ day of ~ , 19~ , entered into a certain Contract with the Owner, a co y 0 WhlCh Contract together with its terms, covenants, conditions, and stipulations is incorporated herein and made a part hereof as fully and amply as if said Contract were recited at length herein. NOW THEREFORE, if the above bounden Principal shall well, truly, and faithfully perform said Contract and comply with all the terms and provisions thereof and satisfy all of the obligations of said Principal arising thereunder including the matter of infringement, if any, of patents and shall guarantee the maintenance in good repair of said improvements for a period of two years after the completion of the Contract and comply with all the documents constituting a part of said Contract required to be performed by said Principal in the manner and within the time provided in said Contract and shall fully reimburse and repay making good any default and shall pay all persons who have contracted directly with the Principal of labor and materials, if any, included in said Contract, then this obligation shall be null and void, otherwise to remain in full force and effect. The said Surety for value hereby stipulated, agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement or to the work or the Specifications. . P&PMTBOND.S15