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Lake Lucy Reservoir Reconditioning: Approval Consultant Contract0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us L,q MEMORANDUM TO: Todd Gerhardt, City Manager D FROM: Paul Oehme, Director of Public Works /City Engineer DATE: September 28, 2015 0� �- i SUBJ: Lake Lucy Reservoir Reconditioning: Approval of Consultant Contract - PW158C2 PROPOSED MOTION "Approve consultant contract with Kollmer Consultants, Inc. for the reconditioning of the Lake Lucy Reservoir in the amount of $81,200 ". City Council approval requires a simple majority vote of the City Council present. BACKGROUND The 3.5 million gallon Lake Lucy ground storage reservoir is located at 6581 Peaceful Lane and was constructed in 1987. The reservoir interior and exterior coatings are original with only minor exterior coating work completed in 2001. The coatings are now 28 years old and have served the City well having exceeded their expected design life of 25 years. A ROV (remotely operated underwater vehicle) inspection was completed in 2010 which showed only minor coating failure. The tank is beginning to show signs of flash rust. A minor recoating of the tank is not cost effective. Also, the interior of the tank coating needs to be replaced at this time. DISCUSSION The proposed project is to completely remove the old coating and repaint the interior and exterior of the tank. The tank is in a residential area so the tank will have to be fully covered while the old coating is being removed and the tank is being painted. Some small structural improvements are necessary at this time along with minor electrical improvements. Two cellular providers are located on the tank so the equipment will have to be temporarily relocated for the duration of the project. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Lake Lucy Reservoir Reconditioning: Approval of Consultant Contract September 28, 2015 Page 2 The City sent out request for proposals to select local consultant firms that specialize in reconditioning of water tanks. The scope of the consultant work in general includes: Reservoir Inspection (including a manned float down), Feasibility Report, Contract Documents, Bidding Services, Construction Administration, Construction Inspection and Project Closeout. The project is anticipated to take 14 weeks to recondition the tank. Each proposal received met the minimum requirements for the scope of services. The following are the proposed consultant fees: WSB /Badger Inspection $78,979 Kollmer Consultants, Inc. $81,200 KLM Engineering Inc. $89,132 Staff is concerned with the inspection team WSB/Badger State Inspection has proposed and therefor is requesting Kollmer Consultants, Inc. to complete the consultant work for this project. Kollmer Consultants have completed many similar recoating projects in the metro area. The most recent reconditioning projects have been in the Cities of Eden Prairie and Woodbury in 2014 and 2015. Staff has checked references with these cities. Kollmer's work has been acceptable. The consultant contract work will be contracted on a time and materials basis with a not -to- exceed amount. As with all City engineering contracts, the consultant must submit periodic invoices that staff will review before processing. The consultant will be required to submit timesheets verifying the hours worked on the project and expense sheets. Staff will review the invoices and expense sheets for accuracy and conformance to the contract. The City has the ability to stop the project at any time and is not obligated to pay for work not performed to the City's satisfaction. SCHEDULE Below is the proposed schedule: Inspection and Feasibility Report Complete Complete Contract Documents Bid Opening Construction Contract Award Construction Start Construction Substantial completion Attachments: Consultant Contract Resolution CIP No. W -041 c: Bob Kollmer, Kollmer Consultants, Inc. Kevin Crooks, Utility Superintendent October 16, 2015 October 29, 2015 November 19, 2015 December 14, 2015 April 2016 July 15, 2016 g: \eng \public\pw158c2 lake lucy reservior recoating \bkgd 92815 appv consultant contract.doc AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made on the day of , 2015, between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter called the "CITY ", and KOLLMER CONSULTANTS, INC., a Minnesota corporation, hereinafter called the "ENGINEER." The CITY and the ENGINEER agree as follows: 1. Contract Documents. The ENGINEER agrees to provide engineering services to the CITY in accordance with the following contract documents which are incorporated herein by reference: A. Agreement for Professional Engineering Services. B. Request for Proposal (RFP) Lake Lucy Reservoir Interior and Exterior Reconditioning ( "Request for Proposal "). C. ENGINEER'S September 10, 2015 Response to Request for Proposal including the attachments ( "Response "). In the event of conflict among the documents, the conflict shall be resolved in descending order of priority, with the document listed first having the highest priority and the document listed last having the lowest priority. 2. Payment. ENGINEER shall be paid for the services described in Paragraph 1 above, on an hourly basis in accordance with the hourly rates in the Response but not to exceed $81,200.00 inclusive of reimbursable costs and taxes, if any, and at a cost per Work Task not to exceed the amount set forth in the Response. These fees and costs shall not be adjusted even if the estimated number of hours to perform a task, the estimated number of meetings, or any other estimate, assumption or matter is wrong or exceeded. Subject to the limitations set forth above, if there is a proposed change in the scope of services, ENGINEER may request a change order pursuant to Paragraph 4 below and the services shall be provided on an hourly basis at the hourly rates set forth on the Proposal. 3. Method of Payment. ENGINEER shall request payment for services following completion of a Work Task as set forth in the Proposal. The CITY will normally make payment within thirty five (35) days of receipt of a properly itemized bill. 4. Change Orders. All change orders, regardless of amount, must be approved in advance and in writing by the Chanhassen City Council. No payment will be due or made for work done in advance of such approval. 183631v1 5. Warranty. ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of ENGINEER without additional compensation. ENGINEER shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, expressed or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. 6. Subcontractor. The ENGINEER shall not enter into subcontracts for services provided under this Agreement without the express written consent of the CITY. The ENGINEER shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the ENGINEER'S receipt of payment by the CITY for undisputed services provided by the subcontractor. If the ENGINEER fails within that time to pay the subcontractor any undisputed amount for which the ENGINEER has received payment by the CITY, the ENGINEER shall pay interest to the subcontractor on the unpaid amount at the rate of 1 -1/2 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the ENGINEER shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the ENGINEER shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 7. Independent Contractor. The CITY hereby retains the ENGINEER as an independent contractor upon the terms and conditions set forth in this Agreement. The ENGINEER is not an employee of the CITY and is free to contract with other entities as provided herein. ENGINEER shall be responsible for selecting the means and methods of performing the work. ENGINEER shall furnish any and all supplies, equipment, and incidentals necessary for ENGINEER'S performance under this Agreement. CITY and ENGINEER agree that ENGINEER shall not at any time or in any manner represent that ENGINEER or any of ENGINEER'S agents or employees are in any manner agents or employees of the CITY. ENGINEER shall be exclusively responsible under this Agreement for ENGINEER'S own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 8. Non- Discrimination. During the performance of this Agreement, the ENGINEER shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, or age. The ENGINEER shall post, in places available to employees and applicants for employment, notices setting forth the provisions of this non - discrimination clause and stating that all qualified applicants will receive consideration for employment. The ENGINEER shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 9. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 2 1836310 10. Indemnification. The ENGINEER shall indemnify and hold harmless the CITY, MnDOT, Carver County, their officials, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder, to the extent caused by the negligent acts, errors or omissions, willful misconduct, or breach of any substantive provision of this Agreement by the ENGINEER, its officials, agents or employees in the execution, performance, or failure to adequately perform the ENGINEER'S obligations pursuant to this Agreement. 11. Insurance. A. General Liability. During the term of this Agreement, ENGINEER shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the CITY as an additional insured for the services provided under this Agreement and shall provide that the ENGINEER'S coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph 11 above. B. Worker's Compensation. The ENGINEER shall secure and maintain such insurance as will protect ENGINEER from claims under the Worker's Compensation Act and from claims for bodily injury, death, or property damage which may arise from the performance of ENGINEER'S services under this Agreement. C. Professional Liability Insurance. The ENGINEER shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the CITY, in the insured's capacity as ENGINEER, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide minimum limits of $2,000,000 with a deductible maximum of $125,000. D. Certificate of Insurance. A certificate of insurance on a form acceptable to the CITY which verifies the existence of this insurance coverage must be provided to the CITY before work under this Agreement is begun. The certificate shall provide that such insurance cannot be cancelled until after the CITY has received written notice of the insurer's intention to cancel the insurance. 12. Records Access. The ENGINEER shall provide the CITY access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions, for three (3) years after final payments and all other pending matters related to this Agreement are closed. 3 183631v1 13. Minnesota Government Data Practices Act. ENGINEER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the CITY pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant to this Agreement. ENGINEER is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event ENGINEER receives a request to release data, ENGINEER must immediately notify CITY. CITY will give ENGINEER instructions concerning the release of the data to the requesting parry before the data is released. ENGINEER agrees to defend, indemnify, and hold CITY, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from ENGINEER'S officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with the performance of the agreement shall become the property of the CITY. The CITY may use the information for its purposes. Any modifications made by the CITY to any of the ENGINEER'S documents without written authorization or adaptation by the ENGINEER will be at the CITY'S sole risk and without liability to the ENGINEER. 15. Copyright/Patten. ENGINEER shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the CITY from loss or damage resulting there from. 16. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this contract shall be venued in the Carver County District Court. 17. Permits. ENGINEER shall obtain all necessary permits required for completion of ENGINEER'S services. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Termination. CITY may terminate this Agreement without cause by written notice delivered to the ENGINEER. . Upon termination under this provision if there is no fault of the ENGINEER, the ENGINEER shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the CITY terminates the Agreement because the ENGINEER has failed to perform in accordance with this Agreement, no further payment shall be made to the ENGINEER, and the CITY may 4 183631v1 retain another contractor to undertake or complete the work identified in the Contract Documents. If as a result, the CITY incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed the not to exceed amount specified in paragraph 3 above, then the ENGINEER shall be responsible for the difference between the cost actually incurred and the Agreement amount. CITY OF CHANHASSEN . :1, 1 Denny Laufenburger, Mayor Todd Gerhardt, City Manager KOLLMER CONSULTANTS, INC. 5 1836310 Its CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 28, 2015 RESOLUTION NO: MOTION BY: SECONDED BY: 2015 -XX A RESOLUTION APPROVING CONSULTANT CONTRACT WITH KOLLMER CONSULTANTS, INC. FOR THE RECONDITION OF THE LAKE LUCY RESERVOIR PW158C2 BE IT RESOLVED that the City of Chanhassen enter into a consultant agreement with Kollmer Consultants, Inc. for the following scope of work: The consultant work in generally includes: Reservoir Inspection (including a manned float down), Feasibility Report, Contract Documents, Bidding Services, Construction Administration, Construction Inspection and Project Closeout. NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. Enter into a consultant contract with Kollmer Consultants, Inc. to provide the general services necessary for reconditioning the Lake Lucy Reservoir. Passed and adopted by the Chanhassen City Council this 28th day of September, 2015. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT Projects By Funding Source City of Chanhassen, MN F oject # W -041 oject Name Repaint Lake Lucy Water Stand Pipe Account #1 700 - 7025.4751 Account #2 Account #3 Account #4 2015 thru 2019 Department Water System Improvements Contact Paul Oehme Type Improvement Useful Life 1,100,000 2016 2017 Category Utilities Priority n/a cription I Total Project Cost: $1,100,000 project will remove the existing exterior paint and repaint the interior and exterior surfaces of the Lake Lucy stand pipe. The exterior paint les of the tank show the prime coat is too weathered to repaint and the existing paint has heavy metals and needs to be removed. Also, a tural analysis of the tank has shown supports in the interior of the tank need to be replaced. The tank was constructed in 1987 with an exterior ng placed in 2001. The base coat is now 27 years old and has served the City well, having exceeded the service life of 20 years. Justification An inspection report will be drafted prior to construction justifying the work. The tank was last painted in 2001. Expenditures 2015 2016 2017 2018 2019 Total Construction 1,100,000 1,100,000 Total Funding Sources 2015 1,100,000 2016 2017 1,100,000 2018 2019 Total Water Utility Fund 1,100,000 1,100,000 Total 1,100,000 1,100,000 Budget Impact/Other I I 114 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made on the (o day of Ce.4a6-A , 2015, between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter called the "CITY ", and KOLLMER CONSULTANTS, INC., a Minnesota corporation, hereinafter called the "ENGINEER." The CITY and the ENGINEER agree as follows: 1. Contract Documents. The ENGINEER agrees to provide engineering services to the CITY in accordance with the following contract documents which are incorporated herein by reference: A. Agreement for Professional Engineering Services. B. Request for Proposal (RFP) Lake Lucy Reservoir Interior and Exterior Reconditioning ("Request for Proposal "). C. ENGINEER'S September 10, 2015 Response to Request for Proposal including the attachments ( "Response "). In the event of conflict among the documents, the conflict shall be resolved in descending order of priority, with the document listed first having the highest priority and the document listed last having the lowest priority. 2. Pavment. ENGINEER shall be paid for the services described in Paragraph 1 above, on an hourly basis in accordance with the hourly rates in the Response but not to exceed $81,200.00 inclusive of reimbursable costs and taxes, if any, and at a cost per Work Task not to exceed the amount set forth in the Response. These fees and costs shall not be adjusted even if the estimated number of hours to perform a task, the estimated number of meetings, or any other estimate, assumption or matter is wrong or exceeded. Subject to the limitations set forth above, if there is a proposed change in the scope of services, ENGINEER may request a change order pursuant to Paragraph 4 below and the services shall be provided on an hourly basis at the hourly rates set forth on the Proposal. 3. Method of Payment. ENGINEER shall request payment for services following completion of a Work Task as set forth in the Proposal. The CITY will normally make payment within thirty five (35) days of receipt of a properly itemized bill. 4. Change Orders. All change orders, regardless of amount, must be approved in advance and in writing by the Chanhassen City Council. No payment will be due or made for work done in advance of such approval. 183631vI 5. Warranty. ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of ENGINEER without additional compensation. ENGINEER shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, expressed or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. 6. Subcontractor. The ENGINEER shall not enter into subcontracts for services provided under this Agreement without the express written consent of the CITY. The ENGINEER shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the ENGINEER'S receipt of payment by the CITY for undisputed services provided by the subcontractor. If the ENGINEER fails within that time to pay the subcontractor any undisputed amount for which the ENGINEER has received payment by the CITY, the ENGINEER shall pay interest to the subcontractor on the unpaid amount at the rate of 1 -1/2 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the ENGINEER shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the ENGINEER shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 7. Independent Contractor. The CITY hereby retains the ENGINEER as an independent contractor upon the terms and conditions set forth in this Agreement. The ENGINEER is not an employee of the CITY and is free to contract with other entities as provided herein. ENGINEER shall be responsible for selecting the means and methods of performing the work. ENGINEER shall furnish any and all supplies, equipment, and incidentals necessary for ENGINEER'S performance under this Agreement. CITY and ENGINEER agree that ENGINEER shall not at any time or in any manner represent that ENGINEER or any of ENGINEER'S agents or employees are in any manner agents or employees of the CITY. ENGINEER shall be exclusively responsible under this Agreement for ENGINEER'S own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 8. Non - Discrimination. During the performance of this Agreement, the ENGINEER shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, disability, or age. The ENGINEER shall post, in places available to employees and applicants for employment, notices setting forth the provisions of this non - discrimination clause and stating that all qualified applicants will receive consideration for employment. The ENGINEER shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 9. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 2 183631v1 10. Indemnification. The ENGINEER shall indemnify and hold harmless the CITY, e&4 , r,n,o, their officials, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder, to the extent caused by the negligent acts, errors or omissions, willful misconduct, or breach of any substantive provision of this Agreement by the ENGINEER, its officials, agents or employees in the execution, performance, or failure to adequately perform the ENGINEER'S obligations pursuant to this Agreement. 11. Insurance. A. General Liability. During the term of this Agreement, ENGINEER shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the CITY as an additional insured for the services provided under this Agreement and shall provide that the ENGINEER'S coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in ParagraphX above. n !O B. Worker's Compensation. The ENGINEER shall secure and maintain such insurance as will protect ENGINEER from claims under the Worker's Compensation Act and from claims for bodily injury, death, or property damage which may arise from the performance of ENGINEER'S services under this Agreement. C. Professional Liability Insurance. The ENGINEER shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the CITY, in the insured's capacity as ENGINEER, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide minimum limits of $2,000,000 with a deductible maximum of $125,000. D. Certificate of Insurance. A certificate of insurance on a form acceptable to the CITY which verifies the existence of this insurance coverage must be provided to the CITY before work under this Agreement is begun. The certificate shall provide that such insurance cannot be cancelled until after the CITY has received written notice of the insurer's intention to cancel the insurance. 12. Records Access. The ENGINEER shall provide the CITY access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions, for three (3) years after final payments and all other pending matters related to this Agreement are closed. 183631v1 13. Minnesota Government Data Practices Act. ENGINEER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the CITY pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant to this Agreement. ENGINEER is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event ENGINEER receives a request to release data, ENGINEER must immediately notify CITY. CITY will give ENGINEER instructions concerning the release of the data to the requesting party before the data is released. ENGINEER agrees to defend, indemnify, and hold CITY, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from ENGINEER'S officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with the performance of the agreement shall become the property of the CITY. The CITY may use the information for its purposes. Any modifications made by the CITY to any of the ENGINEER'S documents without written authorization or adaptation by the ENGINEER will be at the CITY'S sole risk and without liability to the ENGINEER. 15. Copyright/Patten. ENGINEER shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the CITY from loss or damage resulting there from. 16. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this contract shall be venued in the Carver County District Court. 17. Permits. ENGINEER shall obtain all necessary permits required for completion of ENGINEER'S services. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Termination. CITY may terminate this Agreement without cause by written notice delivered to the ENGINEER. . Upon termination under this provision if there is no fault of the ENGINEER, the ENGINEER shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the CITY terminates the Agreement because the ENGINEER has failed to perform in accordance with this Agreement, no further payment shall be made to the ENGINEER, and the CITY may 4 183631v1 183631v1 retain another contractor to undertake or complete the work identified in the Contract Documents. If as a result, the CITY incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed the not to exceed amount specified in paragraph 3 above, then the ENGINEER shall be responsible for the difference between the cost actually incurred and the Agreement amount. CITY OF t • 0u�r11 Z-J'6t odd Gerhardt, City Manager KOLLMER CONSULTAN S C. BY: Its FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR LAKE LUCY 3.5 MMG GROUND STORAGE RESERVOIR RECOATING THIS AGREEMENT, made this 14th day of December, 2015, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and CLASSIC PROTECTIVE COATINGS, INC. ( "Contractor "). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents ", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement; B. Specifications dated November 20, 2015; C. City of Chanhassen General Conditions of the Construction Contract; D. Quote/Bid dated December 3, 2015. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "D" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amount of Six Hundred Eighty Four Thousand Nine Hundred Eighty Five & 00 /100 ($684,985.00). 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 '/2 percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC -134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC -134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5. COMPLETION DATE/LIQUIDATED DAMAGES. A. The Work must be completed and storage reservoir must be put back into service on or before July 29, 2016 in accordance with the Special Provisions and General Conditions. B. Contract and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 5.A. above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $ 750.00 for each calendar day that expires after the time specified in Paragraph 5.A. for Completion until the Work is complete. Daily costs are based on MnDOT Table 1807 -1, "Schedule of Liquidated Damages as follows: TABLE 1807 -1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day M From More Than M To and Including M 0 25,000 75 25,000 50,000 125 50,000 100,000 250 100,000 500,000 500 500,000 1,000,000 750 1,000,000 2,000,000 1,250 2,000,000 5,000,000 1,750 5,000,000 10,000,000 2,500 10,000,000 - - -- 3,000 6. CONTRACTOR'S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction 3 expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. 4 (4) The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non- contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non - owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the 5 Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 11. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the I Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I. Governing LawNenue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. J. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses; Rights -of -Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights -of- way and easements. The Contractor shall not be entitled to any additional VA compensation for any construction delay resulting from the City's not timely obtaining rights -of -way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF CHANHASS N BY: Denny L ufenbu ger, Mayor BY: 44 odd Gerhardt, City Manager CLASSIC PROTECTIVE COATINGS, INC. 7Ct . its W - fr j Its u Payment Bond Page 2 Bond # 929627710 " PAYMENT BOND " KNOW ALL MEN BY THESE PRESENTS: that Classic Protective Coatings, Inc. (Here insert the name and address of the legal title of the Contractor) as Principal, hereinafter called the Contractor and Western Surety Company (Here insert the legal title of the Surety) as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Chanhassen, Minnesota as obligee, hereinafter called the Owner, in the amount of Six Hundred Eighty Four Thousand Nine Hundred Eighty Five and 00/100 -- Dollars ($684,985.00 ----- ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated December 14, 2015 2015, entered into a Contract with Owner for: CLEANING, REPAIRING AND PAINTING OF A 3.5 MMG STEEL GROUND STORAGE RESERVOIR LAKE LUCY ROAD RESERVOIR CITY PROJECT NO, PW158C2 in accordance with plans and specifications prepared by Kollmer Consultants, Inc., Inc., which contract is by reference made apart hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contract shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contact and any amendments thereto less the amount properly paid by Owner to Contractor. Payment'Bond ' Page C. NO right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the h8i[S, executor, administrators, or successors of Owner. IT |8 A FURTHER CONDITION OF THIS OBLIGATION that the Contractor and Surety shall pay to all p8roODe, firms, or corporation having contracts directly with the Contractor O[with subcontractors all just claims due them for |GbO[ performed or materials furnished in the performance of the c0Dt[8{t OD account of which this bond is given. SIGNED AND SEALED THIS 8th day of January . |N THE PRESENCE OF: Classic Protective CoaUngo |no � . By � `''''`E~~ r rmmur,~e � President TITLE ) Ray Witke CONTRACTOR'S NAME ) N 7670 State Hwy 25, Menomonie, WI 54751 CONTRACTOKS ADDRESS | S Sur any - - / If By } V\hT$ES8 - SURETY ) Attorney-i n- Fact } | |||UE / Stephen M Klein / ~ ~..._..~.,..~E / 3 333S Wabash Ava 41 F| Chicago, |L 80684 AGENCY,|NC. 3570 No. Lexington Ave, Ste. 206 St, Paul, MN 55126 (651) 484-6461 Note: Please affach a certified and current copy of a Power of Attorney. Performance Bond Page 2 PERFORMANCE BOND KNOW ALL PERSONS: That we, Classic Protective Coatings, Inc. of Menomonie, WI hereinafter called the "Principal", and Western Surety Company hereinafter called the "Surety", are held firmly bound . Hundred Eighty Four Thousand Nine of $ unto the City of Chanhassen, Minnesota, hereinafter called the Owner, in the sum Hundred Eighty Five and 00/100 Dollars ($ 684,985.00-------------- - - - - -- _), for the payment whereof the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the Principal has, by means of a written Agreement dated December 14 , 2015, ► entered into a Contract with the City of Chanhassen for: Cleaning, Repairing and Painting of a 3.5 MMG Steel Ground Storage Reservoir, which Agreement includes a guarantee of all work against defective workmanship and materials for a period of two years from the date of final acceptance of the work by the City of Chanhassen, a copy of which Agreement is by reference made a part hereof-, Now Therefore, the condition of this Obligation is such that, if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the City of Chanhassen from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the City of Chanhassen all outlay and expense which the Water Works may incur in making good any such default, And Further, that if the Principal shall pay all persons who have contracts directly with the Principal for labor or materials, failing which such persons shall have a direct right of action against the Principal and Surety under this Obligation, subject to the City of Chanhassen priority, Then this Obligation shall be null and void, otherwise it shall remain in full force and effect. Provided, however, that no suit, action or proceeding by reason of any default whatever shall be brought on this Bond after two years from the date of final acceptance of the work. And Provided, that any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the City of Chanhassen of any extension of time for the performance of the Contract, or any other forbearance on the part of either the City of Chanhassen or the Principal to the other shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alteration, extension or forbearance being hereby waived. ParfonOGnoeBUOd Page And Further Provided, the Principal and Surety on the Bond hereby agree to pay all persoOs. Urm8, oF corporations having contracts directly with the Principal orwith subcontractors all just claims due them for labor performed or material funniohed, in the performance of the Contract 0D account 0f which this Bond iS given, when the same are not satisfied out Of the portion Ofthe contract price which the City of Chanhassen shall retain until completion of the improvements, but the Principal and Surety shall not be liable to said person, firrnS, or corporations unless the claims of said doirnaDtG against said portions of the oODtr8Ct price Sh8|| have been established @a provided byLaw. The Surety OD this Bond shall be deemed and held, any Contract to the CODt[Bry not withstanding, to consent without notice: a. To the extension of time to the Principal in which hn perform the contract. b. To changes in the o|ens. specifications, Vr Contract, when such changes dnnot involve and iDcrS3G8 of more than twenty percent C20Y6\ of the total ice and shall then be released only aato such excess increases. C. That no provision of this Bond orof any other contract shall be valid which limits to |ema than two (2) years from the date of final acceptance of the work the right to SU8 on this Bond for defects in workmanship or materials not discovered or know t0 the City of Chanhassen at the time such work was accepted. The Bond hs executed iOduplicate. Signed and sealed this |N THE PRESENCE {}P Uka WiL W i�id — WITNESS U day of January A.[\, 2016 Classic Protective Coatings, Inc. Moro I President TITLE RayVVdka CONTRACTOR'S NAME N7670 State Hwy 25. Menomonie, VV| 54751 CONTRACTOR'S ADDRESS Western pany By Attomey-i n- Fact TITLE Stephen &4 Klein SURE TY8NAME 333S Wabash Ave..41 Fl, Chicago, |L 60804 SURETY'S ADDRESS KLEIN AGENCY, INC. �570�O �8XO�k}nb� ��� Note: Please attach aoar��ad and current copy ofaPovvarmfAttommmy.'- ' ' Ave. � ' St. Paul, IVIN 55126 (651) 484-6461 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this personally appeared to me known to be the person bond, and acknowledged that act and deed. STATE OF VVi5COMLn COUNTY OF TDLLnn On this I I personally came day of , before me described in and who executed the forgoing he executed the same as free CORPORATION ACKNOWLEDGMENT day of Notary Public 2Z I Lo , before me to me known, who being by me duly sworn, did depoge and say; that he is the PALLbiC fnE of Classic Protective Coatings, Inc. , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. `�. NS eooc)r•4,. i,�i P SURETY ACKNOWLEDGMENT p s V bli C i t STATE OF MINNESOTA 10 ,;I of Wi i o``���` COUNTY OF RAMSEY On this 8th day of January 2016 , before me appeared Stephen M. Klein to me personally known, who, being duly sworn, did say that he is the Attorney -In -Fact of Western Surety Company of Sioux Falls, South Dakota that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. p otary Public KARLA DEUTSCH HUNT NOTARY PUBLIC - MINNES07A My Commission Expires Jan. 31, 2017 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John David Klein, John C Klein, Stephen M Klein, Kristin M Bakos, Individually of Saint Paul, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of November, 2015. nErY WESTERN SURETY COMPANY aul T. Bruflat, Vice President State of South Dakota 1 Jj ss County of Minnehaha On this 16th day of November, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires t`4`4444w4ti4ti�wNi444444r4 f 1 S. EICH February 12, 2021 f( }NOTARY fU r SOUTH DAKOTA + ♦4ti44444444ti444444444444 �' S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 8th day of January, 2016 r�¢ryco WESTERN SURETY COMPANY pPO4' 3Wl� Utz fAV p 0 L. Nelson, Assistant Secretary Form F4280 -7 -2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACORt f CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 1/8/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 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(ies) 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 lieu of such endorsement(s). PRODUCER KLEIN AGENCY INC 3570 N Lexington Ave #206 St Paul, MN 55126 -2805 NAMEACTSteve Klein PHONE FAX EXt: (651) 484 -6461 A/C, ND:(651) 484 -6861 E ANo ADDRESS:steveklein @kleinagency. com INSURER(S) AFFORDING COVERAGE NAICN INSURERA:Illinois Union Ins. 27960 INSURED INSURER B, Navigators Specialty Ins. Co. 36056 $ 1, 00,000 INSURER C : Great American Ins. Co. 16691 INSURER D: Classic Protective Coatings, Inc. INSURER E N 7670 State Hwy 25 INSURER F: $ 100 ,000 Menomonie, WI 54751 COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD /YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 00,000 CLAIMS -MADE CI OCCUR PREMISES Ea ON ccurrence $ 100 ,000 X MED EXP (Any one person) $ 5,000 A CG00010413 x 624087402007 8/28/158/28/16 X Contractual PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY C JECT F LOG PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY Ea accident) L $ BODILY INJURY (Per person) $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE x CH15EXC394790IC 8/28/158/28/16 EACH OCCURRENCE AGGREGATE $10,000,000 $10,000,000 DED X RETENTION$ lO 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A PER STATUTE I OR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ $2,000,000 Limit C BUILDERS RISK IMP6077083 -09 12/15/15 12/15/16 PER LOCATION $5,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Project: PW158C2, Lake Lucy 3.5 MMG Ground Storage Reservoir Recoating Project. City of Chanhassen is named as additional insured on a primary and non- contributory basis where required by written contract per the endorsement attached to the policy. CERTIFICATE HOLDER CANCELLATION City of Chanhassen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7700 Market Blvd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Chanhassen, MN 55317 AUTHORIZED REP A E ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD ,41� °® CERTIFICATE OF LIABILITY INSURANCE DATE 01 /08/2016 01/08/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 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(ies) 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 lieu of such endorsement(s). PRODUCER Willis of Wisconsin, Inc. CONTACT NAME: c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA PHONE FAX tAIC, No Ext:1- 877 - 945 -7378 A/C, No:1 -888- 467 -2378 E -MAIL ADDRESS: certificates@willis.com INSURERS AFFORDING COVERAGE NAIC # INSURER A :Ar onaut Insurance Company 19801 INSUREDClassic Protective Coatings Inc. INSURER B: N7670 State Hwy 25 INSURER C : Menomonie, WI 547515928 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO - JECT LOC OTHER: INSURER D ; $ INSURER E: $ INSURER F: AUTOMOBILE COVERAGES CERTIFICATE NUMBER:W1273102 REVISION NUMBER: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM /DD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR EACH OCCURRENCE $ DAMAGE T RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO - JECT LOC OTHER: GENERALAGGREGATE $ PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accent P id ( ) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ P` WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC 928068262684 09/20/2015 09/20/2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Lake Lucy 3.5 MMG Ground Storage Reservoir Recoating Project. I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Chanhassen 7700 Market Boulevard Fhanhassen, MN 55317 © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SR ID:11043342 BATCH:Batch #: 195972 A !^ ." CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIDD/yyyy) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDE/R.8TH S16 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 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(ies) must be endorsed. If SUBROGATION IS subject to WAIVED, 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 lieu of such endorsements . PRODUCER CONTACT NAME: Stefanie Ress Corey - Burstad Insurance Agency PHONE 715- 235.6479 pC Wo ; 715 - 2358860 420 E. Main Street A-MAit ste burstadinsurance.com Menomonie, WI 54751 IWGnocerm weeneru. - INSURED Classic Protective Coatings Inc N7670 State Road 25 Menomonie, WI 54751 -5928 - nr=ewwr'll numccr[: i 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, WVVD POLICY NUMBER POLICY EFF MWDDIYYYY POLICY EXP MMIDDlYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR EACH OCCURRENCE $ TO NTED PREMI E e acai $ MED EXP (Any one person) $ PERSONAL 6 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PR T F-1 LOC OTHER; GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG S S A AUTOMOBILE Jx LIABILITY ANY AUTO AUTO ED X AUTOS LED HIREDAUTOS X NON-OWNED S Y 4481550200 12112/2015 12/12/2016 (Ea sociident) NGLE LIMIT $ BODILY INJURY (Per persm) $ 1,000,000 BODILY INJURY (Per accident) $ 1,000,000 'PROPERTY dent) GE $ 1.000.000 $ UMBRELLA UAB EXCESS LIAR H OCCUR CLAIMS-MADE EACH OCCURRENCE f AGGREGATE E DIED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑NIA OFFICERIMEMBER EXCLUDED? (Mandatory in NH) K describe under DESCRIPTION OF OPERATIONS below PER OTH- STATUTE I ER EL EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYE $ E, LL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, my be attached M more space Is required) Lake Lucy 3.5 MMG Ground Storage Reservoir Recoating Project Certificate holder is listed as additional insured. CERTIFICATE HOLDER CANCELLATION 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registe arks of ACORD Printed by SNR on January 08, 2016 at 12:12PM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Chanhassen THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 7700 Market Boulevard Chanhassen, MN 55317 AUTH�REPRESENTAVVE SNR 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registe arks of ACORD Printed by SNR on January 08, 2016 at 12:12PM