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West Water Treatment Plant-Award Contracts7700 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: 952.2271170 Finance Phone: 952.227.1140 Fax: 952.2271110 Park & Recreation Phone: 952.2271120 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 Website wwwo i. Chan hasse n.mn.us MEMORANDUM TO: FROM DATE: SUBJ: Todd Gerhardt, City Manager Paul Cleburne, Dir. of Public Works/City Engineer V October 24, 2016 West Water Treatment Plant Project No. 15-03: Award of Contracts a. Award Construction Contract for West Water Treatment Plant b. Award Water Main Improvements Contract C. Award Security Contract d. Award Fiber Optic Contract PROPOSED MOTION "The City Council awards contracts for the West Water Treatment Plant, Project No 15-03 as follows: A. For construction of the West Water Treatment Plant to Rice Lake Construction Group in the amount of $13,880,600.00; B. For water main improvements to GF Jedlicki, Inc. in the amount of $1,164,539.00; C. For security system improvements to Pro -Tech Design in the amount of $31,493.77; D. For fiber optic installation to Carver Link in the amount of $45,100.00. City Council approval requires a simple majority vote of the City Council present. BACKGROUND On February 22, 2016, the City Council approved a consultant contract with WSB and Associates for the West Water Filtration plant. At the May 9, 2016 work session, the City Council was presented with the preliminary design for the West Water Filtration Plant. At the June 27, 2016 work session, the City Council reviewed the preliminary design for the West Water Filtration Plant. On June 28, 2016, the proposed treatment plant project was reviewed by the Parks and Recreation Commission. At the August 22, 2016 work session, the City Council reviewed the 90% plan design for the West Water Filtration Plant. On September 26, 2016 the City Council authorized advertisement for bids. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt West Water Treatment Plant: Award Contracts October 24, 2016 Page 2 DISCUSSION The plant has been designed for the ultimate treatment capacity needs of the city and will bring all the western wells and future wells to the plant for iron and manganese filtration. The iron and manganese filtration plant is planned for a total capacity of 6,000 gpm. The plant is proposed to have a process that is very similar to the gravity cast -in-place treatment process as the East Plant to provide consistency in the plant operations and finished water quality. A detention basin is included in the design to improve the filtration process efficiency. The plant is designed so treated water will be able to be pumped in the low and high pressure zones. Water Treatment Plant Bid Bids for the water treatment plant include all building improvements and site work for the project. Bids for the treatment plant project were opened on Tuesday, October 18, 2016 at 2:00 p.m. Four sealed bids were submitted and read out loud and checked for errors. The bids received are as follows: Bidder Total Bid Rice Lake Construction Group $13,880,600.00 Gridor Construction, Inc. $14,872,700.00 Knutson Construction Services, Inc. $14,933,000.00 Magney Construction, Inc. $15,019,400.00 The Engineer's estimate was $17,533,000.00 which included a 10% contingency. Alternative bids were included in the bid tabulation. These alternative bids included pricing for adding three months to the project schedule, removing retaining walls from the site improvements, cost breakout for chemical feed systems, pricing for different filter media and using an alternative floor coating. Staff is not recommending accepting any of the alternative bids. Rice Lake Construction group has not worked for the City. Rice Lake Construction Group is one of the largest water and waste water plant construction contractors in the state of Minnesota. The City's consultant, WSB & Associates, has checked references and recommends award of the West Water Treatment Plant contract to Rice Lake Construction Group. Water Main Improvements for the Water Treatment Plant Water main will need to be installed along Galpin Boulevard to distribute the filtered water to the low and high pressure zones. Water main is also required to be connected from Wells 415 and #3 and bring this water to the treatment plant for filtering. Bids for the water main improvements associated with the treatment plant were opened on Tuesday, October 18, 2016 at 11:00 a.m. Four sealed bids were submitted, read out loud and checked for errors. The bids received are as follows: g:\eng\public\_2010-2015 public projects\_2015 projects\15-03 west water treatment plant feasibbty study\backgrounds presentations\102416 bkgd cc aprov construction contract.doc Todd Gerhardt West Water Treatment Plant: Award Contracts October 24, 2016 Page 3 Bidder Base Bid Alternate Bid 1 for Gate Values Alternate Bid for 2 Butterfly Valves GF Jedlicki, Inc. $1,024,939.00 $139,600.00 $82,000.00 GM Contracting, Inc. $1,220,376.58 $108,682.56 $56,333.17 Northdale Construction Co., Inc. $1,323,167.42 $124,386.48 $72,618.97 Meyer Contracting, Inc. $1,591,300.00 $132,400.00 $70,800.00 Engineer's Estimate $1,537,633.75 $101,750.00 $99,250.00 The bid form included alternate bids for either using gate valves or butterfly valves with the water main improvement. Staff is recommending accepting the gate valve bid. Gate valves have a longer warranty and longer life expectancy. GF Jedlicki, Inc. is a local contractor based in Chanhassen. GF Jedlicki, Inc. completed the utility work for the Carver Beach Street Improvement project two years ago. Their work was acceptable. Staff recommends accepting the GF Jedlicki, Inc. bid with Alternate 1 in the amount of $1,164,539.00. Building Security Contract Security system improvements were separated from the building contract to reduce cost and to work with the security firm that the City has used on all other facilities. Scope of the work includes furnishing and installing access controls, intrusion alarms and video surveillance for the facility. Pro -Tec Design has worked with the City on standardization of security systems for other City facilities. Their work has been acceptable. Pro -Tec Design is on the State of Minnesota approved contract list so the City is assured the work is cost effective. Pro -Tec Design quoted the work in the amount of $31,493.77. Fiber Optic Contract Fiber Optic cable needs to be extended to the treatment plant so it can communicate with other City facilities and other water infrastructure. Carver Link is the company that the City uses to install and maintain fiber optic to City facilities. The cost for this work is $45,100.00. SCHEDULE Construction November, 2016 — April, 2018 Water Filtration Plant Start-up May 15, 2018 Attachment: Recommendation letters for award from WSB & Associates c: Greg Johnson, WSB & Associates g:\eng\public\_2010-2015 public projects\_2015 projects\15-03 west water treatment plant feasiblity study\backgrounds presentations\102416 bkgd cc aprov construction contract-doc A WSB 477 Temperance Street I St. Paul, MN 55101 1 (651) 286-8450 October 19, 2016 Mr. Paul Oehme, PE, Director of Public Works City of Chanhassen P.O. Box 147 7700 Market Blvd. Chanhassen, MN 55317 Re: West Water Treatment Plant City of Chanhassen Project No. 15-03 WSB Project No. 1694-720 Dear Mr. Oehme: Four bids were received for the above -referenced project on Tuesday, October 18, 2016, and were opened and read aloud. Please find enclosed the bid summary indicating the low bid as submitted by Rice Lake Construction Group of Deerwood, Minnesota, in the amount of $13,886,600.00. The Engineer's cost estimate was $17,533,000.00, which includes a 10% contingency. The Bid Form included eight bid alternates as summarized below: Bid Description Alternate 1 Provide a substantial completion date of August 15, 2018 and a final completion date of September 14, 2018 in lieu of the base bid substantial and final completion dates of Ma 15th, 2018 and June 15th, 2018, respectively. 2 Eliminate the modular block retaining wall on the north side of the detention tank. 3 Eliminate the modular block retaining wall on the west side of the proposed cul-de-sac. 4 Eliminate the gas chlorine feed system, telescoping hoist and crane, and all associated labor and materials. 5 Furnish and install two 3,000 gallon sodium hypochlorite bulk storage tanks. 6 Re lace the specified Greensand Plus filter media with IronMan filter media. 7 Re lace the specified Greensand Plus filter media with Anthra/Sand filter media. 8 Provide an alternative epoxy floors stem in the office and hallways. Based on the bids received for each of the bid alternates and our discussions with City Staff, we recommend not accepting any of the bid alternates. Rice Lake Construction Group's primary business focus is the construction of municipal water and wastewater treatment facilities. Our staff has previous experience working with Rice Lake Construction Group on water treatment plant projects in both the Metropolitan Area and in rural Minnesota. Rice Lake Construction Group and their electrical subcontractor meet the Minimum Contractor Qualifications that were specified for this project. Therefore, we recommend that the City Council consider these bids and award a contract in the amount of $13,886,600.00 to Rice Lake Construction Group, based on the results of the bids received. Building a legacy —your legacy. Equal Opportunity Employer I mbeng.com K.Wls -lz min�ne,ucM1anneminurR aec P1o191ad— Mr. Paul Oehme, PE October 19, 2016 Page 2 Sincerely, WSB & Associates, Inc. Greg Johnson, PE Water/Wastewater Group Manager Attachment kkp KWIW4-T40Ntlmin\CwWn—Mmm%TRRe WW!P 101818dna f g A WSB 477 Temperance Street I St. Paul, MN 551011 (651) 286-8450 October 19, 2016 Mr. Paul Oehme, PE, Director of Public Works City of Chanhassen P.O. Box 147 7700 Market Blvd. Chanhassen, MN 55317 Re: Galpin Blvd Watermain Improvements City of Chanhassen Project No. 15-03 WSB Project No. 1694-800 Dear Mr. Oehme, Four bids were received for the above -referenced project on Tuesday, October 18, 2016, and were opened and read aloud. The bids were checked for mathematical accuracy. Please find enclosed the bid summary indicating the low bid as submitted by G.F. Jedlicki, Inc., Chanhassen, Minnesota in the amount of $1,164,539.00 for the Base Bid plus Valve Package 1 and $1,106,939.00 for the Base Bid plus Valve Package 2. The Engineer's Estimate was $1,537,633.75 with Valve Package 1 and $1,535,133.75 with Valve Package 2. Valve Package 1 includes gate valves and Valve Package 2 includes butterfly valves for the larger valves. We recommend accepting Valve Package 1 because gate valves have a longer warranty and life expectancy compared to butterfly valves. GF Jedlicki, Inc. is a local contractor based in Chanhassen. GF Jedlicki, Inc. completed the utility work for the Carver Beach Street Improvement project two years ago and they have completed other utility projects with acceptable quality in conjunction with WSB & Associates, Inc. We recommend the City Council award a contract in the amount of $1,164,539.00 for the Base Bid plus Valve Package 1 to G.F. Jedlicki, Inc. based on the results of the bids received. Sincerely, WSB & Associates, Inc. w Greg Johnson, PE Water/Wastewater Group Manager Attachment kkp Building a legacy —your legacy. Equal Opportunity Employer I mbeng.com KA1fi90.8 DWMJmCm9 dmnA hITRR Wab,main 101916.4= FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR THIS AGREEMENT, made this 24th day of October , 20_L6_, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and Rice Lake Construction Group ( "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 September 20, 2016 > C. City of Chanhassen General Conditions of the Construction Contract; D. Quote /Bid dated October 18, 2016 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 $13,886,600.00 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 'h percent per month or any GC -49 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 ready for final payment in accordance with the General Conditions as defined below: - Substantially completed by May 15, 2018. Substantial completion is defined as having all work completed at the water treatment plant fully operational. - Final completion by June 15, 2018. Final completion is defined as completion of punch list and removal of all construction equipment. 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 $ 3,000.00 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 GC -50 Original Contract Amount Charge Per Cal. Day ($) From More Than $ To and Including $ 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 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 GC -51 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) 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 GC -52 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 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, GC -53 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 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 GC -54 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 Law /Venue. 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 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. GC -55 CITY OF CHANHASSEN CONTRACTOR: BY' Denny La enburger, Mayor Todd Gerhardt, City Manager Rice Lake Construction Group END OF DOCUMENT GC -56 Wade Leonard, President FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR THIS AGREEMENT, made this 24th day of October , 2016 , by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "Owner ") and G.F. Jedlicki, 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 September 20, 2016 ; C. City of Chanhassen General Conditions of the Construction Contract; D. Quote /Bid dated October 18, 2016 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 $1,164,539.00 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 1/ percent per month or any GC -49 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 within 84 calendar days after the date the Contract Times commence to run and the Contractor has mobilized equipment to the site, and completed and ready for final payment in accordance with the General Conditions within 84 calendar days after the date when the Contract Times commence to run and the Contractor has mobilized equipment to the site. All work must be completed by August 31, 2017. 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 $1,250.00 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 GC -50 Original Contract Amount Charge Per Cal. Day From More Than To and Including 0 25,000 75 25,000 50,000 125 50,000 100,000 250 100,000 500,000 500 500,000 11000,000 750 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 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 GC -51 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) 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 GC -52 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 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, GC -53 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 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 GC -54 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 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. GC -55 CITY OF CHANHASSEN BY: ZDenn 7aiufenbu er, May BY: �� J _,m Todd Gerhardt, City Manager CONTRACTOR: G.F. Jedlicki, Inc. BY: Its Gar r C -/t pr'eS71 ale-0-7 END OF DOCUMENT GC -56 CONTRACTOR VERIFICATION OF COMPLIANCE The undersigned, being first duly sworn. as a responding contractor on the Project, represents and swears as follows: Now, and at all times during the duration of the Project, the undersigned complies with each of the minimum criteria in Minn. Stat. § 16C.285, subd. 3, the Responsible Contractor statute. The undersigned understands that a failure to meet or verify compliance with the minimum criteria established for a "responsible contractor" as defined in Minn. Stat. § 16C.285, subd. 3, renders a bidder ineligible to be awarded a construction contract for the Project or to perform work on the Project. Upon request, the undersigned will submit copies of the signed verifications of compliance from all subcontractors. The undersigned understands that a false statement under oath verifying compliance with any of the minimum criteria shall make the undersigned, or its subcontractor that makes the false statement, ineligible to be awarded a construction project and may result in termination of a contract awarded to the undersigned or its subcontractor that submits a false statement. gaenalforms%contractor verification ofcompliance.doc Contractor: (�;, /;c,15 ; I =r+c lie B;J�✓'"� / y� Its: f- GC -66 Ak °� CERTIFICATE OF LIABILITY INSURANCE 11/4/2016 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 Bearence Management Group 2010 Centre Pointe Blvd Mendota Heights MN 55120 CONTACT Michele Miller, CISR NAME: PHONE (651)379 -7800 F No), (651)379 -7801 E -MAIL ADDRESS: mmiller @bearence.eam INSURERS AFFORDING COVERAGE NAIC # INSURERA:Cincinnati Insurance Companies LIMITS INSURED G. F. Jedlicki, Inc. 2471 Galpin Court Spite 110 Chanhassen MN 55317 INSURER B :SFM Mutual Insurance Company 11347 INSURER C: INSURER D: INSURER E: $ 1,000,000 INSURER -F : X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER CL15122234758 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 SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 100 000 $ r A CLAIMS -MADE a OCCUR EPP0366758 /1/2016 1/1/2017 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 kI= VISEDCERTIFICATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 ISSUE ON 'I'I /'I /'I6 POLICY X PRO LOC $ AUTOMOBILE LIABILITY ECOMBINED a BI EDtSINGLE LIMIT 1,000,000 A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED X SCHEDULED AUTOS AUTOS BA0366758 1/1/2016 1/1/2017 BODILY INJURY Per accident ( ) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per. ccident $ X $ Comp Ded $250 X Coll Ded $250 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAB CLAIMS -MADE DED I X RETENTION$ $ EPP0366758 1/1/2016 1/1/2017 B WORKERS COMPENSATION WC STATU- OTH- X I TORY LIMITS AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1 000,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? FN ] NIA E.L. DISEASE - EA EMPLOYE $ 1:000,000 (Mandatory in NH) 44554.206 1/1/2016 1/1/2017 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Galpin Blvd Watermain Improvements - 15 -03: City of Chanhassen and WSB & Associates, Inc are included as an additional insureds in regard to the General Liability Form GA233 where required by written contract on a primary and non contributory basis including completed operations. Blanket Additional Insured applies to the Auto when required by written contract. Blanket Waiver of Subrogation applies to the General Liability, Auto Liability and Umbrella policies. City of Chanhassen 7700 Market Blvd Chanhassen, MN 55317 — (w .—Y INSn75 i9mnns) m uW- .. 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 Miller, CISR /MILLER A V 1988 -2010 ACORD CORPORATION. All rights reserved. Th. Arnon marl,,. of Arnon ,r., a Performance Bond CONTRACTOR: (Name, legal status and address) G.F. Jedlicki, Inc 2471 Galpin Ct Ste 110 Chanhassen, MN 55317 -4717 OWNER: (Name, legal status and address) City of Chanhassen 7700 Market Blvd Chanhassen MN 55317 -8363 CONSTRUCTION CONTRACT Date: 10 /24/2016 Amount: $ 1,164,539.00 Document A312 TM -2010 Bond Number: 2334095 SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance Company 8401 Greenway Blvd, Ste 1100 Middleton, WI 53562 Description: Galpin Blvd. Watermain Improvements, Chanhassen, MN. (Name and location) BOND Date: 10/31/2016 (Not earlier than Construction Contract Date) Amount: $ 1,164,539.00 Modifications to this Bond: 5XXXX1 None See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) G.F. Jedlicki, Inc Signature: 7��r-- — L Name and Title: , G zr' V //Z:- SURETY ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Company: (Corporate Seal) West Bend Mutual I ranee Company Signature: . Name and Title: NICOLE M. COTY , At rney -In -Fa (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: BEARENCE MANAGEMENT GROUP LLC (Architect, Engineer or other party:) 2010 CENTRE POINTE BLVD. WSB & Associates, Inc. MENDOTA HEIGHTS, MN 55120 (651) 379 -7800 AIA Document A312T — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software I at 14:10:47 on 01/27/2016 under Order No.9275170499_1 which expires on 02/17/2017, and is not for resale. User Notes: (1364209494) § 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 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 a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 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, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment 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. AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:47 on 01/27/2016 under Order No.9275170499_1 which expires on 02/17/2017, and is not for resale. User Notes: (1364209494) § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. AIA Document A312T — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAII Document, or any portion of it, may result in severe civil and crimir penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:47 on 01/27/2016 under Order No.9275170499_1 which expires on 02/17/2017, and is not for resale. User Notes: (1364209494) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below, for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: 'J Signature: Name and Title: Name and Title: Address: Address: AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:47 on 01127/2016 under Order No.9275170499_1 which expires on 02/17/2017, and is not for resale. User Notes: (1364209494) AA7111,0AIA L. Payment Bond CONTRACTOR: (Name, legal status and address) G.F. Jedlicki, Inc 2471 Galpin Ct Ste 110 Chanhassen, MN 55317 -4717 OWNER: (Name, legal status and address) City of Chanhassen 7700 Market Blvd Chanhassen MN 55317 -8363 CONSTRUCTION CONTRACT Date: 10/24/2016 Amount: $1,164,539.00 Document A312 TIM -2010 Bond Number: 2334095 SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance Company 8401 Greenway Blvd, Ste 1100 Middleton, WI 53562 Description: Galpin Blvd. Watermain Improvements, Chanhassen, MN. (Name and location) BOND Date: 10/31/2016 (Not earlier than Construction Contract Date) Amount: $ 1,164,539.00 Modifications to this Bond: XXXX None 0 See Section 18 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) G.F. Jedlicki, Inc West Bend Mutual Insurance Company Signature: �i Signature: Name and Title: , ,,�t r ,ed Lk i Name and Title: ICOLE M. COTY , Att eey -In -Fact Pres�al en-f- (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATIONONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: BEARENCE MANAGEMENT GROUP LLC (Architect, Engineer or other party:) 2010 CENTRE POINTE BLVD. WSB & Associates, Inc. MENDOTA HEIGHTS, MN 55120 (651) 379 -7800 AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA? Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 14:10:16 on 01/27/2016 under Order No.9275170499_1 which expires on 02/17/2017, and is not for resale. User Notes: (1648785478) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non - payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:16 on 01/27/2016 under Order No.9275170499_1 which expires on 02/17/2017, and is not for resale. User Notes: (1648785478) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 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 Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without 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 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312TM —2010 Payment. Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:10:16 on 01/27/2016 under Order No.9275170499_1 which expires on 02/17/2017, and is not for resale. User Notes: (1648785478) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: J f + Signature: I Name and Title: Name and Title: Address: Address: AIA Document A312" — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA© Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 14:10:16 on 01127/2016 under Order No.9275170499_1 which expires on 02/1712017, and is not for resale. User Notes: (1648785478) CORPORATE ACKNOWLEDGMENT STATE OF /i1, �n eSvTa� COUNTY OF Ph'ne per_ Sl"' On the day of �ep- - . before me personally appeared , _rJ�d /'�; to me, who being duly sworn, did depose and say: that s /he resides in deyzr. that s /he is the 7-- of the G.F. Jedlicki , Inc . T the corporation described in and which executed the foregoing instrument; that s /he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s /he signed her /his name thereto by like order. (SEAL) t s GREENL�E �! "• "•r�'`� BETTY ?. Notary Public 3 ~, NO —,ARY Pli8! -iC - hilNNES01 A , } :�D•4• AtY GUNI u�uS�S�iO�N EXPIRE S Oi ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 31st day of October 2016 before me personally appeared, Nicole M. Coty to me known, who being duly sworn, did say: that s /he resides in Minnesota that s /he is the aforesaid officer or attorney in fact of west Bend Mutual Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) `�`�, -1- �.. / f' /�G'Z✓ K-.�.. Notary Public �V• 1 +/ S.. �ilM .1M,�y�'�fV�li'V'✓L�N�/Mf�h� � s r Ai�RICIA NIARfc ROVJAfd ; Notary Public- PAinnQsota {$ .` r"Y' Commission Expires Jan 31. X020 2 ST BEND // A MUTUAL INSURANCE COMPANY" 2334095 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: NICOLE M. COTY lawful Attomey(s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Seven Million Five Hundred Thousand Dollars ($7,500,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney -In -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has Caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary thir. 1st d 2009. Attest am. Ja4q J. PaOR°TF' ?$`. Kevin A. Steiner Se ry SEAL Chief Executive Officer I President ,�?i State of Wisconsin' County of Washington ......... On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly swom, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. F. 6U{y.. + NOTARY ':• i John well �•. PUBLIC Zi' ExecutiveVicePresident - ChiefLegalOfficer 9 2g' Notary Public, Washington Co. WI 0 My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this Certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 31 day of October 2016 Y-::. �ORATF SF.AT. J Dale J. Kent Executive Vice President - ' Chief Financial Officer NOTICE: Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company 8401 Greenway Blvd. Suite 1100 1 P.O. Box 620976 1 Middleton, WI 53562 1 ph (608) 410 -3410 1 www.thesilvedinmg.c.. Pro -Tec Design TRUSTED SECURITY SCILUTI.ONS" 5929 Baker Road - Suite 9400 - Minnetonka, MN 55345 Phone: 763-663-1477 - Fax:, 763-233-6855 - Email: solutions@pro-teodealgn.com jSold To: City of Chanhassen Richard Rice 7700 Market Blvd Chanhassen, MN 55317 United States Phone: Fax: Email: rrlce@ci.chanhassen.mn.us Water Treatment Plan - West Ship To: City of Chanhassen E Richard Rice 7700 Market Blvd Chanhassen, MN 55317 United States ce Phone: Fax: Email: trice@ct.chanhassen.mn.us The following proposal outlines the necessary Items required for systems installation at the Water Treatment Plant - West: Access Control Intrusion Alarm Video Surveillance Proposal follows all State Contract S-813(5) guldellnes and pricing agreements. ( Data Quote Valid For i Quote # Proposal ,1�1 RepTerms 10/05/16 30 days ? PTDQ16957 Jenn Rlbar Net 30 days Line Qty Description Unit Price Ext, Price 1 Access Control 2 1 CONTROLLER PACKAGE, 2 READER, 81NPUT, 4OUTPUT $1,170.00 $1,170.00 3 1 CONTROLLER, INTELLIGENT OUTPUT 2 -INPUT, 16 -RELAY OUTPUT$ $570.00 $570.00 4 1 POWER SUPPLY, 110VAC TO 27VDC, 5.5AMP, 150WATT, FOR 24VDC LOCKS $122.46 $122,46 5 3 BATTERY, 12V 7.2 AH SEALED LEAD ACID $13.50 $40.50 6 1 FUSED RELAY BOARD, 8 -FORM C $156.00 $156.00 7 1 NETWORK INTERFACE 10/100BASE-T AUTO -SENSING 12VDC $234.00 $234.00 8 2 HID PROXPRO II CARD READER, BLACK, PIGTAIL LEAD $151.57 $303.14 9 2 DOOR CONTACT, to RECESSED WIDE -GAP BROWN WIRE LEADS $0.00 $0.00 10 2 ANTI -PICK PLATE $12.70 $25.40 11 2 REX REQUEST TO EXIT DETECTOR, PIR, SOUNDER, LIGHT GRAY $67.69 $135,38 12 500 CABLE, PLENUM, ALL4 N -ONE COMPOSITE. CMP 18/4 NS, 22/3P SH, 22/2 -NS, $0.77 $385.00 22/4 NS INS .008 COMPOSITE ACCESS CONTROL 60C. OD=0.420", YELLOW JACKETRoHS4EPL1S.41,05. SOLDPERFOOT 13 2 MISC CONNECTORS, BOXES, PENETRATIONS, FIRE CAULKING $36.00 $72.00 14 15 Intrusion 10/10/16 Water Treatment Plan - West PTDQ16957 Page 1 I ore 16 1 ALARM MONITORING, BASIC, 12 MONTHS $240.00 $240.00 17 1 BOSCH COMMUNICATOR KIT, (1) 85512, (1) 8920 KEYPAD, (1) $286,85 $286.65 TRANSFORMER, (1) B10 ENCLOSURE 18 1 KEYPAD, ALPHA NUMERIC,SD12 $110.25 $110.25 19 3 EIGHT (8) INPUT MODULE $87.81 $263.43 20 5 MOTION DETECTOR, BLUE LINE GEN2 TRITECH SERIES, 40 X40 FOOT $40.17 $200.85 COVERAGE 21 1 RELAY, 12VOC DPDT LIGHTED $9.33 $9.33 22 1 RELAY BASE, 4PDT $8.00 $8.00 23 2 GLASS BREAK DETECTOR, 25FT RADIUS, FLUSH MNT, NC CONTACTS $36.99 $73.98 24 7 DOOR CONTACT, V RECESSED WIDE -GAP BROWN WIRE LEADS $8.37 $58.59 26 4 MAGNETIC CONTACT OVERHEAD DOOR FLOOR MNT, ALUM, ARMORED $15.93 $63.72 CABLE 26 1 BATTERY, 12V 7.2 AH SEALED LEAD ACID $15.00 $18.00 27 500 CABLE, PLENUM, 22/6 STRANDED SHIELDED, WHITE JACKET, PER FOOT $0.19 $95.00 28 1,500 CABLE, PLENUM, 22/4 STR UNSHIELDED PLENUM WHITE JACKET 1000' $0.10 $150.00 REEL 912204 29 1 MISC CONNECTORS, BOXES, CONNECTORS, FIRE CAULKING $120.00 $120.00 30 31 Video Surveillance: 32 3 HUSKY XPROTECT ADDITIONAL DEVICE LICENSE 4 PACK FOR M30 AND M50 $524.48 $1,673,44 33 4 CAMERA, NETWORK, FIXED DOME, INDOOR, 2.0 -8MM VFL, H.264/MJPEG, $533.11 $2,132.44 WDR, 720P (1 MEGAPIXEL) 34 4 MOUNT, DROP CEILING, SMOKED, FOR P33 V SERIES $61.41 $245.64 35 3 DOME, DAY/NIGHT, IN/OUTDOOR, 360/270/180 PANORAMIC, 5MP $711.11 $2,133.33 36 3 CAMERA, NETWORK, 5 MP W/ BUILT IN IR LED, WDR, MEMORY CARD $711.11 $2,133.33 SLOT, IP66-AND NEMA 4X RATED CASING 37 10 SURFACE MOUNT BOX, 1 -PORT, IVORY, QUICKPORT $1.74 $17.40 38 10 CAT5E QUICKPORT CONNECTOR JACK $3.46 $34.60 39 20 CABLE, CAT 5E VIP PATCH, 3FT YELLOW $2.84 $56.80 40 10 MISC CONNECTORS FIRE CAULKING PENETRATIONS $18.00 $180.00 41 2,500 CABLE, CAT6E PLENUM 24AWG 4PR 35OMHZ BLUE $0.25 $625.00 42 SubTotal $14,040.66 43 44 1 WARRANTY & SUPPORT (1 YEAR) $311.11 $311.11 45 1 SHIPPING $250.00 $250.00 48 4 ENGINEERING SERVICES -SYSTEM DESIGN & DOCUMENTATION $129.00 $516.00 47 8 CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & $88.00 $704.00 UPDATES 48 21 PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION $88.00 $1,848.00 49 40 SYSTEMS IMPLEMENTATION SPECIALIST 1 $64.00 $2,560.00 50 128 STATE CONTRACT TECHNICIAN $88.00 $11,264.00 Total $31,493.77 All applicable sales tax has been Included. 10/10/16 Water Treatment Plan - West PTDO16957 Page 2 2 of Statement of Work New Construction to mimic existing WTP-East Access Control. Access control consists of 2 perimeter entrance points. Existing city DSX system to be expanded and connected via network, Access control system will follow city prototype inclusive of card readers, door contacts request to exit devices and electrified lacking hardware. Electrified locking hardware to be supplied and installed by door hardware oo, Intrusion Alarm Intrusion alarm system to be integrated with access control system for arm and disarm feature. PTD to supply and install all components as requested. Door contacts, motion detectors, glass break detectors and two keypads.. System to be programmed via two zones - with chlorine room being on Its own area/zone. Monitoring completed via network - Owner to provide proper path and IP address for communication. Video Surveillance: PTD to provide and install cable, cameras and mounting hardware as specified (8 exterior and 4 Interior cameras). PTD to connect via city provided POE switch and configure to titles existing Milestone system. PTD to work with onsite personnel and/or the city IT for IP address Information. Due to exterior construction • PTD to mount as best case scenario - possibly under the soffit. BFPS Std camera resolution Motion only recording WDR and Light Finder enabled. Excluslons -COMPUTING ENVIRONMENT: Client will furnish and install all client PCs with Microsoft products necessary for the application software. All PCs must meet minimum PC requirements published by the manufacturer. Client will provide for a safe computing environment by providing anti-virus software, (spamware, malware, etc.) and maintaining all manufacturers' security patches, etc. Client will furnish and install any and all updates and patches to the Microsoft products on an ongoing basis. Client will furnish any and all services or equipment not Included In the Statement of Work for Pro -Tac Design but required for a complete and operational system. - NETWORK CONNECTIVITY: Owner to provide all network connectivity Including switches with POE and IP addresses. - POWER: 110VAC Is to be provided by owner. - TECHNICAL ASSISTANCE: Owner to provide any technical assistance need during project. This Includes IT staff providing access to workstations and servers, and personnel to determine beat cable -run routes. - CONDUIT: Conduit raceways as needed provided by others. • DOOR HARDWARE: Electrified door hardware for access control doors said to be provided by others. Prior to installation door co to verify VDC on hardware. Thank you again for giving me the opportunity to provide you with the information. If you should need any further clarification or assistance please don't hesitate to contact me directly. To proceed with the proposal please sign the Proposal Acceptance portion of this document and return it to my attention. Thank you, Jennifer Ribar Business Relationship Manager $005 Cheshire Parkway, Suite 3 Minneapolis, MN 56446 10/10/18 Water Treatment Plan - West PT0016957 Page 3 3 of Direct: 763.231-8601 Fax: 763-563-0204 Cell: 612-251-3886 Email: jribar@pro-teedesign.com 10/10/16 Water Treatment Plan - West PTDO16967 Page 4 4 orb GENERAL NOTES 1. Pricing Is based on the work scope and drawings provided to Pro -Tec Design. 2. 110 VAC Is PROVIDED by Others unless otherwise specified. 3. Pricing assumes any existing equipment to be re -used la In good operational order. Additional time and matedal to repair existing equipment is outside this scope of work. 4. Pricing assumes any existing equipment to be re -used Is fully compatible with new equipment in this work scope. PROPOSAL ACCEPTANCE Water Treatment Plan - West City of Chanhassen Richard Rice 7700 Market Blvd Chanhassen, MN 55317 United States City of Chanhl Printed Name and Signature: Date: 14 (cis -7 � a.O lb PO# / Reference # (optional): Aro-Tec Design, Inc. Printed Name and Title: Tann Rlbar Businass Relafionshltr Manager Date: 10/10/2016 Alza, 10/1 O/16 Water Treatment Plan - West PTDQ16957 Page 5 Sore Pro -Tec Design, Inc. Standard Terms and Conditions 1. No liquidated damages will be due. 2. Protection of our work In place Is not Pro -Teo Design's responsibility. 3. We will dispose of debris created by our work into Owner -furnished trash bins or container at the site. 4. We do not accept back charges that have not been previously agreed to by us In Wiling. S. Late payments will bear Interest at the standard prevailing commercial rate. 6. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order (ARO). Prompt payment is required to order parts and cover other costs associated with project start-up. 7, We shall then be paid monthly progress payments for agreed upon milestones on or before the 18th day of each month for the value of our work in place plus matedels and equipment designed, manufactured, or suitably stored on or off site by us, Including any taxes required by law. All Invoices shall be paid "Net 30" to ensure uninterrupted performance of work. Final payment is due 30 days following the completion of the project punchilst. 8. No provisions of this Proposal/Contract shall serve to vold our rights under Mechanics' Lien Laws. 0. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work If we do not receive timely payment for property performed work and suitably stored materials. 10. We retain title to all equipment until Installation is complete and reserve the right to retake possession of the same or any part thereof at your cost If default Is made by you In any payment. 11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work. 12. You shall provide uncluttered and safe access for us to perform our work. 13. The schedule of any other contractors Involved in this project shall be made in consultation with us, and unless otherwise agreed to, shall provide time for us to perform our work on a 8 -hour day, 40 -hour week basis. This Proposal/Contract does not Include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be made for any mutually agreed upon overtime. 14. We are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, Including but not limited to delays or defaults of Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts of God. We shall be entitled to equitable adjustment for delays caused by any Architect, Engineer, Contractor, or Owner. 16. If any drawings, illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general style, arrangement, and dimensions of equipment offered. Final as -built drawings and specifications will be provided to the owner at project completion. 16. THERE ARE NO WARRANTIES THAT EXTEND BEYOND PRO -TEC DESIGN'S STATED SPECIFICATIONS, AND ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. 17. The Owner shall purchase and maintain all-risk builder's risk insurance upon the full value of the entire work including materials delivered to the job site, which shall Include the Interests of Pro -Teo Design. 18. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees. 19. This Proposal/Contract, Including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro -Tec Design shall constitute the Contract between us, and all prior representations or agreements not Incorporated herein are superseded. 20. All work to be done during standard business hours, Monday through Friday unless otherwise noted or at a schedule that Pro -Tec Design believes will provide the most project continuity. 21. Pro -Teo Design will warranty the labor and materiels covered under this quotation for one year from the date of substantial completion provided the Owner is current In their payments to Pro -Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current. Pro -Tec Design will respond during normal business hours Monday through Friday. Weekends, Holidays and after hours warranty support will be billable at standard overtime rates, Warranty does not include replacement or repair of equipment damaged by; Misuse, Over or Under Voltage, or "Acts of God" such as lightning or other weather related incidents. Warranty only covers the repair or replacement of any parts supplied by Pro -Tec and any labor and travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in contract (NIC) equipment. NIC equipment Is defined as any equipment not supplied by Pro -Tec orexisting equipment that is re -used. The troubleshooting, repair or replacement of NIC equipment will be provided by Pro -Tec at a time and materials basis. 22. Customer agrees that during the term of this contract and for two years following termination, they will not directly or Indirectly solicit for hire nor contract for services any employee or contractor who performs services hereunder without Pro -Tec Design's written consent 23. The design and/or intent of the items listed In this system specification is considered Intellectual property and owned by Pro -Tec Design and will not be disclosed to any party other than those Intended by Pro -Tec Design, except as required bylaw. Impermissible disclosure of this design/Intent will subject the proprietor to Consultant Fees equivalent of the above listed design/build quotation. All materials are guaranteed to be as specified. Any alterations or deviation written or verbal from the above specifications Involving extra costs will be executed and will become an extra charge over and beyond the above quotation. 24. This proposal and any documents associated with it supersede any prior verbal or written Information provided. 25. Pro -Tec Design Is not an insurer of Customer's risks and exposures. Pro -Tec shall not be liable for any failure to perform under this Agreement due to any "Act of God, "Force Majeure," of an other cause beyond Pro -Tec Design's control. Pro -Tec Design shall not be liable for any loss or damage caused in whole or In part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of the Customer and no rights are, or may be, conferred on any other party as a third -party beneficiary, by transfer or assignment, or otherwise. Pro -Tec Design's total liability Is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful inury, or willful violiation of the law. 10/10/16 Water Treatment Plan - West PTDQ116957 Page 6 6ofe _..: =- •• O small1'' Sw:TrficuY�:Pr�i'_ 'D �f0� rsr s �.� x xsmrawxr :mss• gym'- _. — _ .� nom- �.. = :': �.. � •- `� '��� - ��,� _..ia:n2cusi.we:cs:^�r:r_ra r �1 �1�r�l�t7i�6— � Wl" ..:r....:r.......:. • •-................ ._—•-=�..s:e::rsra...... ..:r.:: ......... •. cxasxr:: : 1�-7 - - _ sn � Em IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII@Iuu;;L'hlllllllll F llllillllllll� " p 0 0 p p 0 p p � m•9i•6i� �" �� SFr > >� � � • O _.r'S � ... 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N 0=1001 ioT * ---- ] Mo. 0 U _ LL-1W3 G I i `- ----------------- - -- - - - -_ 0 I. mmm M. - i _L____------L 1_ ______ 1 �_-_--___�_–_— ___–__– ___. • i I_ L ___________ t § ca 2 WEST ELEVATION SCALE. 11W = 1' DJM PROJECT NUMBER 16-015 CITY PROJECT NUMBER 15-03 EXTERIOR ELEVATIaNS Al-06 WSB PROJECT NUMBER 01694-720 RUANING ®® Iii � ` � la '® pp 0 05,um 1 1 UP iliil71 I ----------- �TmLL w -k Roou R AM 0 G.E. 0 XE/ELCHI F UP UP <8> r MAIN LEVEL FLOOR PLAN SCREEI/W - I, 7 �l Car4a-cv, G,%QL!E-S brta-v--, Movior-, D6c6,c,- 43'- DJM PROJECT NUMBER 16-015 C.,V"-Q I CITY PROJECT NUMBER 15-03 MAIN LEVEL FLOOR PLANI Al -02 WSB PROJECT NUMBER 01694-720 CarverLink — An Entity of Carver County Public Services 600 East Fourth Street, Chaska, MN 55318 -2102 ink Office: 952-361-1494 Fax: 952-361-1581 LP Emergency Support 24/7/365: 612 - 719 -1656 www.carverlink.com 10/11/16 To: City of Chanhassen Richard Rice, IT Director 7700 Market Blvd. Chanhassen, MN 55317 rrice @ci.chanhassen,mn.us W: 952 - 227 -1111 C: 612 - 919 -6793 CarverLink is pleased to respond to your request for service at the location listed below: Construction Charges: ® One time construction costs of diverse fiber lateral (A035) for the City of Chanhassen Water Plant at the intersection of Lake Harrison Rd and County 117 (Galpin Blvd) in Chanhassen. This would be a new lateral stubbed off of CarverLink lateral L43 -1 (which is Hwy 41) at HH #239. - $45,100.00 ® Required annual maintenance for City of Chanhassen Water Plant (initial pro -rated billing and then annually starting in October) $250.00 /yr. Maintenance includes Gopher One locates and repairs and fixes. Maintenance does not include repair or re- location of the fiber lateral on customer premises. Service Options: (Required: X one of the Items below) - ❑ Dark Fiber Charge: Chanhassen Water Plant to Chanhassen City Hall: $350 /mo for per dark fiber pair CSI. ❑ Internet Bandwidth Rates: Internet Access - Non Dark Fiber Low Use Fiber Site, Includes 20MB Upload /Download Internet. - Internet Bandwidth Rates: Prices for internet above 20MB are $9.95/MB of symmetrical speed ❑ 50 mbps = $497.50/mo ❑ 75 mbps = $746.25/mo ❑ 100 mbps = $995.00/mo Page 1 of 2 Signatures Customer Signature: CarverLink Fiber Network Signa Name Title: Date: Signature: 4ft� _ Name: Randy Lehs Title: _Broadband Fiber Manager Date Page 2 of 2 10/11/2016