Loading...
2016 Sealcoat Project: Accept Bids and Award Contract�i CITY OF CHMNSEN 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 MEMORANDUM TO: Paul Oehme, Director of Public Works /City Engineer t FROM: Stephanie Smith, Project Engineer 'o`a DATE: April 11, 2016 o�p- SUBJ: 2016 Sealcoat Project No. 16 -06: Accept Bids and Award Contract PROPOSED MOTION "The City Council approves a resolution accepting bids and awarding a contract for the 2016 Sealcoat Project to Allied Blacktop Company for roadway sealcoating in the amount of $195,283.66." City Council approval requires a simple majority vote of the City Council present. BACKGROUND Annually, the City has completed a sealcoat project to extend the life of its streets and parking lots. Streets and parking lots recommended for sealcoating this year were identified with the Pavement Management Program and are shown on the attached maps. Staff visited each street and visually reviewed the street condition to confirm maintenance is required. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow DISCUSSION Planning & Natural Resources A sealcoat program is a cost - effective tool to protect the capital asset of a street and Phone: 952,227.1130 extend the life of the street system. Sealcoating is the application of asphalt emulsion Fax: 952.227.1110 followed immediately with an aggregate cover. Sealcoating of streets is beneficial Public Works because it can: 7901 Park Place Phone: 952.227.1300 • Delay or eliminate further aging of pavement due to water and sun. Fax: 952.227.1310 • Seals to provide a moisture barrier. • Fills in raveled pavement areas. Senior Center • Enriches under - asphalt pavement. Phone: 952.227.1125 Fax: 952.227.1110 • Seals cracks temporary or permanently. • Performs minor leveling. Website Restores surface friction to improve wheel grip. www.ci.chanhassen.mn.us Economically prolongs the life of existing pavements. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Paul Oehme 2016 Sealcoat Program: Award Contract April 11, 2016 Page 2 It is estimated that a sealcoat application extends the life of pavement from three to six years at a fraction of the cost of street rehabilitation or bituminous overlay projects. It is, therefore, more cost effective to sealcoat roadways when fewer pavement distresses are present versus letting the pavement deteriorate until major, costly rehabilitation or reconstruction projects are required. This project will also include a double -chip seal for parking lots that are in greater distress. This sealcoat technique will provide additional aggregate to reinforce the distressed pavement surface. A sealcoat emulsion with sand will be utilized on the trails in this project. This technique will result in a smoother surface for recreational use by bicycles and rollerblades. BIDS City staff solicited bids by advertising in the local newspaper and QuestCDN two weeks prior to the bid opening. On March 23, 2016, one bid was received for the 2016 Sealcoat Project No. 16 -06. Bid amounts for the project are shown below. Allied Blacktop has completed previous projects in the city of Chanhassen. Their past work has been acceptable. Sealcoating activities will tentatively start on July 11, 2016 with a completion date of August 31, 2016. Notifications to all affected property owners will be sent out prior to work commencing. This project was budgeted for 2016 in the CIP Pavement Management (ST -018). The remaining funds in this budget item are used for in -house projects such pothole patching, curb repairs, sidewalk repairs, and other miscellaneous street and trail repairs. Attachment: 1. Resolution 2. CIP Page 3. Project Map c: Charlie Burke, Street Superintendent g: \eng \sealcoat\2016 \communication \160411_cc_ award contract memo.doc Base Bid Engineer's Estimate $248,658.99 Allied Blacktop Company $195,283.66 Allied Blacktop has completed previous projects in the city of Chanhassen. Their past work has been acceptable. Sealcoating activities will tentatively start on July 11, 2016 with a completion date of August 31, 2016. Notifications to all affected property owners will be sent out prior to work commencing. This project was budgeted for 2016 in the CIP Pavement Management (ST -018). The remaining funds in this budget item are used for in -house projects such pothole patching, curb repairs, sidewalk repairs, and other miscellaneous street and trail repairs. Attachment: 1. Resolution 2. CIP Page 3. Project Map c: Charlie Burke, Street Superintendent g: \eng \sealcoat\2016 \communication \160411_cc_ award contract memo.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 11, 2016 RESOLUTION NO: 2016 -XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE 2016 SEALCOAT PROJECT NO. 16 -06 WHEREAS, pursuant to an advertisement for bids for the 2016 Sealcoat Project, one bid was received, opened and tabulated according to law, and the following bid was received complying with the advertisement: AND WHEREAS, it appears that Allied Blacktop Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the name of the City of Chanhassen for the 2016 Sealcoat Project No. 16 -06 according to the plans and specifications on file in the office of the City Engineer. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained unto a contract has been signed. Passed and adopted by the Chanhassen City Council this 11 th day of April, 2016. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT Base Bid Engineer's Estimate $248,658.99 Allied Blacktop Company $195,283.66 AND WHEREAS, it appears that Allied Blacktop Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the name of the City of Chanhassen for the 2016 Sealcoat Project No. 16 -06 according to the plans and specifications on file in the office of the City Engineer. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained unto a contract has been signed. Passed and adopted by the Chanhassen City Council this 11 th day of April, 2016. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT Capital Improvement Program 2016 thru 2020 City of Chanhassen, MN Project # ST -018 Project dame Pavement Management Department Street Improvements Contact Paul Oehme Type Maintenance Useful Life 7 -10 years Category Streets/Highways Account 41 420 - 00004751 Account #3 Priority n/a Account #2 Account #4 Description Total Project Cost: $3,760,000 This project will provide maintenance such as crack sealing, seal - coating, pothole patching, replacement of curb and gutter and sidewalk repairs for "ity streets. Also included in this project are trails and City parking lot rehabilitations. Seal -coat projects will be determined annually based on he pavement condition index as generated by the pavement management program. The street department uses this funding source to pay for )ituminous material for annual street patching. Justification J This will provide a centralized funding mechanism that will help reduce the effect on General Fund operating expenditures. Prior Expenditures 2,135; Maintenance Total 2016 2017 2018 2019 2020 Total 485,000 285,000 285,000 285,000 285,000 1,625,000 Total 485,000 285,000 285,000 285,000 285,000 1,625,000 Prior Funding Sources 2016 2017 2018 2019 2020 Total 2,135,000 Street Pavement Management 100,000 100,000 100,000 100,000 100,000 500,000 Total Tax Levy 385,000 185,000 185,000 185,000 185,000 1,125,000 Total 485,000 285,000 285,000 285,000 285,000 1,625,000 Budget Impact/Other e Phese improvements will cost effectively prolong the life of the street so major improvements such as reconstruction projects can be delayed. 93 A ® MYE KuaaenWroJads\Cj50_ S"Iooat\Smlooat2otelSsal Coal Pking Lou 2016 Parking Lot Chip Sealcoat Map March 9, WIS Chip Seal Type - Nmmel CMp Seal ® Double Chip Seal J�f� r �11/111/I� � ►� ����', I� ��nrt111 ►! � ,�: R. ` Cj 11n - .,1 Mareh3.2016 2016 Trail Sealcoat Map K:\ Jo4een\ Projecta \CJ50_Sealcoat \Sealcoat2016 �, Trails for Sealcoating ���I■u1G Iii ���■■�rrr ■i���j ..,, :.,.:�'1 ►sir ���_ .; , . ►111 : ���'i ►CN, • �1 "� j MINOR ��►•.�_:�� _,� „� �> ��• .1111111 _�':/�'� _� .•�:. J�f� r �11/111/I� � ►� ����', I� ��nrt111 ►! � ,�: R. ` Cj 11n - .,1 Mareh3.2016 2016 Trail Sealcoat Map K:\ Jo4een\ Projecta \CJ50_Sealcoat \Sealcoat2016 �, Trails for Sealcoating CITY OF CHANHA48EN IRMIYED APR 2 2 2016 FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR ENGINEERING DEPT. THIS AGREEMENT, made this 11 `h day of April, 2016, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and ALLIED BLACKTOP COMPANY ( "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 March, 2016; C. City of Chanhassen General Conditions of the Construction Contract; D. Quote/Bid dated March 23, 2016 for the 2016 Sealcoat Project 16 -06. 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 One Hundred Ninety Five Thousand Two Hundred Eighty Three Dollars and 66/100 ($195,283.66). 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 175881vI 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 '/z 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 on or before August 31, 2016 and ready for final payment in accordance with the 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 $ $500.00 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: 2 175881v1 TABLE 1807 -1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day M From More Than $ 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 29500 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 i75881vi 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 »sssivl (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 175881v1 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 6 i7sss]vi 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 7 17ssa1v] 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 OFAHANHASSEN i Denny Iiufenbyfger, Mayo /rte" BY: odd Gerhardt, City Manager 175881vl ALLIED BLACKTOP COMPANY: BY: Its Bond No. 929630609 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address)- Allied Blacktop Company 10503 -89th Avenue North Maple Urove, MN bb:369 OWNER (Name and Address) _City of Chanhassen 7700 Market Blvd. Chanhassen. CONSTRUCTION CONTRACT r,.,o. 4 -11 -2016 SURETY (Name and Address of Prineiml Place of 3usimn)• Western Surety Company 101 South Phillips Avenue Sioux Falls. SD 57104 Amount: $195,283.66 Description (Name and Location): 2016 Sealcoat Project, Project No. 16 -06 Date (Not earlier than Construction Contract Date): 4 -19 -2016 Amount: $195,283.66 Modification to this Bond Form: None. CONTRACTOR AS PRINCIPAL Allied Blacktop Company (Seal) Bidde ame and Co rate Seal By: �nre Pte. Sign l e;;, sw Ylh CONTRACTOR AS PRINCIPAL (Seal) Bidder's Name and Corporate Seal 1.g_1 171 Western Surety Com ny,c Surety's Name Name d e< By: Signature and Title John G. Hagberg, Attorney -in -Fact .'1u1: 51—bW Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title GC -59 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 31. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipts of such notice to discuss methods of performing the Construction Contract If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 32 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 33. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms 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 independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for 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 resulting from the Contractor's default; or 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 after the amount is determined, tender payment therefore to the Owner, or 2. Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. Ifthe 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 Contractors right to complete the Construction Contract, and if the Surety elected to act under Subparagraph 4.1, 4.2, or 43 above, dim the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities ofthe Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the mount of this Bond, but subject to commitment by the Owner ofthe Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 62 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 63. Liquidated damages, or if nmliquidated damages are speed 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 offon account ofany such unrelated obligations. No right of actionshall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, orsuccessors. S. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of GC -60 this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed 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.I.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 do or on behalf of the Contractor under the Construction Contract. 122.Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 123.Contractor Default: 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.Owner 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 thereof. GC -61 Bond No. 929630609 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Allied Blacktop Company 10503 -89th Avenue North Maple Grove, MN 55369 OWNER (Name and Address): City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 CONTRACT Date: 4 -11 -2016 Amount: $195,283.66 SURETY (Name and Address of Principal Place Of Business): Western Surety Company 101 South Phillips Avenue Sioux Falls, SD 57104 Descnptton (Name and Location): 2016 Sealcoat Project, Project No. 16 -06 BOND Date (Not earlier than Contract Date): 4 -19 -2016 Amount: $195,283.66 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Corp. eal Allied BI top Com a Western Surety o p Signature: Signature: Name and Title: 1A Name and Title G. Ha ber Att me -in -Fact �l(Attach Power mey) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDE No. 1910 -28 -A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. GC -62 I. The CONTRACTOR and the Surety, jointly and severally, bind themselves, (FOR INFORMATION ONLY —Name, Address, and Telephone) their heirs, executors, administrator, successors and assigns to the OWNER to AGENT or BROKER: OWNER'S REPRESENTATIVE (ENGINEER or pay for labor, materials and equipment furnished for use in the performance of other party) the Contract, which is incorporated 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 all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses 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 ifthe CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this bonduntil: 4.1 Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, of notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the CONTRACTOR I. Have furnished written notice to the CONTRACTOR and sent acopy or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to who the materials are furnished or supplied or for whom the labor was done or formed; and 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations 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 Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by the Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or par of the Work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 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 under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses 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 fumished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions confirming 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 lawbond. 2. Have either received a rejection in whole or in part from the 14. Upon request of any person or entity appearing to be a potential CONTRACTOR, or not received within 30 days of furnishing the above notice beneficiary of this Bond, the CONTRACTOR shall promptly furnisha any communication from the CONTRACTOR by which the CONTRACTOR copy of this Bond or shall permit a copy to bemade. had indicated the claim will be paid directly or indirectly;and 15. DEFINITIONS 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR- 5. If a notice required by paragraph 4 is given by the OWNER tothe CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, theSurety shall promptly and at the Surety's expense take the followingactions: 6.1 Send an answerto 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. 15.1 Claimant An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include within limitation 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 Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the 15.3 OWNER Default: Failure of the OWNER, which has neither amount of this Bond shall be credited for any payments made in good faith by the been remedied nor waived, to pay the CONTRACTOR as required by the Surety. Contractor or to perform and complete or comply with the other terms thereof. S. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject tothe OWNER s priority to use the funds for the completion of the Work. GC -63 STATE OF_ COUNTY OF ACKNOWLEDGMENT OF PRINCIPAL (Individual) } SS.: On this day of in the year , before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and who executed the foregoing instrument and acknowledge(s) to me that he executed the same. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Partnership) STATE OF COUNTY OF ss.. On this day of in the year , before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co- partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF COUNTY OF f ss.: On this (� day of 8gV in the year 2XI O, before me personally come(s) , to me known, who being b4 me duly sworn, deposes and says that he resides in the City /of that he is the I l' of the d5✓ the corporation described in and which executed the foregoing instrument; that he knows the seal of the said c rporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. 1044!, NAOMI BRETZ Notary Public �jU State of Minnesota NOTARY PUBLIC My Commission Expires January 3i , 2020 ACKNOWLEDGMENT OF SURETY STATE OF Minnesota COUNTY OF Hennepin } SS.. On this I day of A-OkL- , in the year p before me personally come(s) John G. Haeberiz Attorney(s) -in -Fact of Western Surety Company with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in Plymouth, MN that he is (are) the Attorney(s) -in -Fact of Western Surety Company the Company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attorney(s) -in -Fact o e s id Compan by like order. DONNA JOYCE HAGBEHG N ARY PU IC j NOTARY PUBLIC - MINNESOTA F.9713 -8/81 7, MY COMMISSION EXPIRES 011311202+ 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 G Hagberg, Judith L Jorissen, Garth R Fisher, Individually of Bloomington, MN, its true and lawful Attorney (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 7th day of October, 2015. err WESTERN SURETY COMPANY co P ul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 7th day of October, 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 . S EI i"....+w.a......sw I S. CH � February 12, 2021 1 HMARY PUK1CQjb;' SOUTH DAKOTA + S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney 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 re my name and affixed the seal of the said corporation this day of A r" t L , Tr WESTERN SURETY COMPANY rer �QO:Z 3� `gf P.'t.; i • L. Nelson, Assistant Secretary Form F4280 -7 -2012 Authmizing 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. ALLIE12 OP ID: BL A�Rl7" CERTIFICATE OF LIABILITY INSURANCE DATE(MM19/201 YY) 1 0412016 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 Northern Capital Insurance Gro Wayne Mann Agency P.O. Box 9396 Minneapolis, MN 55440 -9396 NAME; Brenda L Parker PHONE Al No , •952 - 996 -8866 Arc No: 952-829-0482 E-MAIL ADDRESS: brenda arker northernca ital- mn.com INSURER(S) AFFORDING COVERAGE NAIC 1 Paul Domaas INSURERA: United Fire & Casualty Company 113021 _ INSURED Allied Blacktop Company 10503 69th Avenue No INSURERS: Midwest Employers Casualty /TBG 123612 X COMMERCIAL GENERALLIABILITY CLAIMS -MACE aX OCCUR — Maple Grove, MN 55369 INSURER C: 05/01/2016 INSURER D PREMISES Eaoccurrence $ 300,00 INSURER E: $ 15,00 INSURER F : X BLKTADDTLINSD COVERAGES CERTIFICATE NUMBER: RFVISION NHMRFR- 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 POLICY NUMBER MMIDDIYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERALLIABILITY CLAIMS -MACE aX OCCUR 604630026 05/01/2016 05/01/2017 PREMISES Eaoccurrence $ 300,00 MED EXP (Any one person) $ 15,00 X BLKTADDTLINSD EXTENDED ULTRA LIABILITY PERSONAL & ADV INJURY $ 1,000,000 X CMPLTD OPS A/I GENERAL AGGREGATE $ 2,000,00 #CG72010215 INCLUDED GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOP AGG $ 2,000,000 POLICY X PRO 1 LGC 1PD, DED $ 500 A AUTOMOBILE X LIABILITY ANY AUTO 1604630026 05/01/2016 05/01/2017 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED LIT A AUTOS j BODLY INJURY Per accident ( ) $ X I HIRED AUTOS NON -OWNED X AUTOS Y DAMAGE PER ACCIDENT $ $ i A X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS -MADE X604630026 05101/2016 05/01/2017 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,_000,0.00_ DED I X I RETENTION $ 10,000' $ B WORKERS COMPENSATION AW EMPLOYERS' LIABILITY ANY PROPRIETOR,1PARTNER/EXECUTIVE YIN (Mandatory ER EXCLUDED? �� (Mandatory In NH) 1.` yes, describe under DESCRIPTION OF OPERATIONS below NIA 114- 0000303 M N EMPLOYEES ONLY 01/01/2016 01/01/2017 iE.L.DISEASE WC A U- H- X E.L EACH ACCIDENT $ 1,DDO,Dl7 - EA EMPLOYEE $ 1,000,00 E.L DISEASE - POLICY (MIT $ 1,000,000 A lEquipment Floater 604630026 05/01/2016 05/01/2017 Equipment 2,385,97 Q IRental Equipment 604630026 Blanket 175,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more spats Is required) Re; 2016 Sealcoat Project, #16 -06 City of Chanhassen is included as additional insured on the general liability on a primary and non - contributory basis when required by written contract /agreement, provided the agreement was executed prior to a loss. es- emsr►��� City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 ci'ry ""IVIED �SE�i THE SHOULD EXPIRATIONH DATE ABOVE THEREOF, NOTICE POLICIES WILL CANCELLED BEFORE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. APR 2 2 2016 1 AUTHORIZED REPRESENTATIVE DEPT ;;0�11 OO 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD