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IP #966
COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works June 22, 2015 Development & Planning Item No. By: Bob Paschke, Public Works Director By: Kirk McDonald, City Manager 8.6 Resolution awarding a contract for $93,885 to Construction Results Corporation for the exterior repair and painting of the New Hope Public Works facility (project no. 966) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Construction Results Corporation in the amount of $93,885 for the repair, cleaning and painting of the Public Works facility's exterior. Policy/Past Practice The City Council routinely considers infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background Over the years, components of the Public Works building have been repaired or replaced, including the replacement of overhead doors, heating and air handling systems, replacement of the passage doors, and, most recently, in 2011, the Public Works garage interior was painted. The exterior of the Public Works facility was last painted in the 1996 when the office addition and reconfiguration took place. We currently estimate most of the building's painted surface to be around 19 years old. Currently the painted surface is peeling and flaking and has concrete surface repairs that are needed. The 2015 budget currently has $156,000 dedicated for the upkeep and maintenance of Public Works buildings. City staff solicited quotes from five vendors who specialize in commercial exterior painting and the city received two quotes for the repair and painting of the Public Works facility exterior. Quotes were opened on 2015,and the uote received from Construction Results Cor oration, at $93,885, was deemed to be the N BY fTL/Y( f)� SECOND BY LMay8, l:rta \ Pubworks \ 2015 \ PW Facility Painting Award Contract Request for Action, Page 2 June 22, 2015 lowest responsible quote. Stantec Engineering has worked with Construction Results Corporation on previous commercial painting projects xvith good results. Staff recommends the city enter a contract with Construction Results Corporation based upon the noted positive experiences with Construction Results Corporation. Quotes were received from the following contractors: Contractor Total Bid Construction Results Corporation $93,885 Maertens-Brenny Construction Co. $97,800 Funding Construction Results Corporation's quote to repair, clean and paint the Public Works facility exterior is $93,885 The city's 2015 operating budget has $156,000 designated for Public Works building repairs. Remaining funds budgeted will be used for other building improvements described in the budget CIP workshop. Attachments • Resolution Contract Manager Memo Bid tab City of New Hope Resolution No. 15-113 Resolution awarding a contract for $93,885 to Construction Results Corporation for exterior repair, cleaning and painting of the New Hope Public Works facility (project 966) WHEREAS, the city of New Hope prepares a five-year capital improvement program (CIP) as a guiding document for improvement projects to assist with the preparation of each annual operating budget; and, WHEREAS, city staff has identified the need to paint the exterior of the parking garage at the Public Works facility in the city's 2015 annual budget; and, WHEREAS, a representative from the city's consultant engineering firm has reviewed the project and contract terms for the work; and, WHEREAS, the quote from Construction Results Corporation in the amount of $93,885 for the exterior repairs, cleaning and painting of the Public Works facility is the lowest responsible quote submitted; and, WHEREAS, the Council does hereby determine to proceed with the exterior repairs, cleaning and painting of the Public Works facility; and, WHEREAS, funding is available in the New Hope general fund for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for the exterior repairs, cleaning and painting of the Public Works facility is awarded to Construction Results Corporation; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of June 2015. 6� Mayor Attest: City Clerk Memorandum e Ft To: Bob Paschke-Director of Public Works From: Shawn Markham -Contract Manager/City Forester Date: June 17, 2015 Subject: New Hope Public Works Facility 2015 Exterior Painting and Repairs The city of New Hope solicited quotes, for the 2015 exterior painting and repairs of the Public Works facility, from five different vendors who specialize in commercial exterior repairs and painting. At the submittal deadline of May 28, 2015, the city received two quotes for the exterior painting project of the Public Works facility. The following is the summary of the two quotes received: Low Construction Results Corporation $93,885.00 Maertens-Brenny Construction Co. $97,800.00 The low quote for the project was submitted by Construction Results Corporation with a total base quote of $93,885.00. The engineering estimate for the cost of the project was $90,000. Both quotes received for the project have been reviewed by staff and appear to be responsible and in order. If the City Council wishes to award the project to contractor that submitted the low and responsible quote, then Construction Results Corporation should be awarded the project based upon the submitted quote of $93,885.00. The 2015 budget has $150,000 budgeted for building repair and maintenance. The budgeted amount for the building repairs more than sufficient to cover the total cost for the Public Works exterior painting project in addition other future improvements to the Public Works facility. }) ) cq } / _ ° / \ § 0 k /#( 7 \_u 2 cq [\§ 2) 2 B {j { % I }) ) cq } )]o ° / \ § 0 k /#( 7 /Z» 2 cq [\§ !G 2 n§\ \ \/ \\\}/})` 9 'E m {(( �@[}0 !(7=a�f }) ) ] } )]o 0 k /Z» 2 !G 2 \ \/ \ } 9 'E {(( m 3=§ # \ 2 $`\\k }) j } )]o « ! 3 j Construction Results Corporation Trusted Commercial & Industrial Contractor TO: CITY OF NEW HOPE 14170 23rd AVENUE NORTH PLYMOUTH, MN 55447 PHONE: 763-559-1100 FAX: 763-553-0494 www.ConstructionResults.com CITY CLERK 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 WE ARE SENDING YOU: ❑X Attached ❑ Mail ❑ Fax ❑ Plans ❑ Specifications F1 Copy of letter ❑ Change Order LETTER OF TRANSMITTAL DATE: 7115/15 CRC JOB NO 5307 ATTENTION: VALERIE LEONE RE: NEW HOPE PUBLIC WORKS FACILITY EXTERIOR REPAIR & PAINTING 5500 INTERNATIONAL PARKWAY NEW HOPE, MN 55428 ❑ ❑ Under Separate Cover ❑X Hand Delivery Courier ❑ Submittals Shop Drawin,s STARTUP PAPERWORK NO. DATE DESCRIPTION 2 7/8/2015 SIGNED CONTRACTS 1 7/14/2015 PAYMENT & PERFORMANCE BOND (#354034128). 1 PROOF OF INSURANCE THESE ARE TRANSMITTED, AS CHECKED BELOW: ❑X For approval ❑ For your use nX As requested ❑ For review and comment 11 For Bids Due Overnight Delivery Samples ❑ Approved as Noted Resubmit _ copies for approval ❑ Furnish as Corrected Submit _ copies for distribution ❑ Returned for corrections Return _corrected prints ❑ Please Return Plans & Specs to us after use REMARKS: A CERTIFICATE OF INSURANCE HAS BEEN REQUESTED AND WILL BE FORWARDED TO YOU UPON RECEIPT. PLEASE RETURN ONE FULLY EXECUTED COPY OF CONTRACT FOR OUR FILES. THANK YOU. COPY TO: FILE; BRUCE PAULSON, STANTEC CONSULTING SERVICES. / SIGNED: MIKE LUURTSEMA, PROJECT MANAGER IF ENCLOSURES ARE NOT AS NOTED, KINDI,YNOTIFY US IMMEDIATELY. CITY OF NEW HOPE CONTRACT WITH CONSTRUCTION RESULTS CORPORATION FOR THE EXTERIOR REPAIR AND PAINTING OF THE NEW HOPE PUBLIC WORKS FACILITY For valuable consideration as set forth below, this contract dated the 8T" day of July, 2015, is made and signed by the City of New Hope (hereinafter "City") and Construction Results Corporation (hereinafter "Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in the Public Works Facility 2015 Exterior Painting Repairs project manual and Document 00 9113 - Addendum 1. Any modifications to the work defined in the Public Works Facility 2015 Exterior Painting Repairs project manual and Document 00 91 13 -Addendum 1 will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $93,885 dollars (ninety three thousand eight hundred eighty five dollars), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Total amount of this contract shall not exceed $93,885. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 4th day of September, 2015 (hereinafter "Completion Date"). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: Public Works Exterior Repair and Painting Contract Page 2 a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials/Labor Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota, and (B) are named in the current list of "Companies Holding certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirement of clauses (A) or (B) in the previous paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. Public Works Exterior Repair and Painting Contract Page 3 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Construction Results Corporation. 14170 23rd Avenue North Plymouth, MN 55447 (763) 559-1100 The address of the City for purposes of giving notices and any other purpose under this contract shall be 5500 International Parkway, New Hope, MN 55428. The contact person for this contract is Shawn Markham -Contract Manager, (763) 592-6763 Public Works Exterior Repair and Painting Contract Page 4 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE ' . VALERIE LEONE By + � NOTARY PUBLIC -UNNESOTA My Commission Eepires Jan. 31, 2020 By STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Its City Manager The foregoing was acknowledged before me this 7 , day of 2015 by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the dity of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. It otary Public CONTRACTOR Can Results Corporation By n, G� Its Representative k Snyder, President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me on this 10th day of July , 2015, by Mark Snyder, Presidentof Plymouth, MN onbehalfof Construction Results Corp. Q MARY L. HOILAND Notary Public NOTARY PUBLIC - MINNESOTA 4 Camasion ErpOss Jon. 31, 2020 Performance Bond CONTRACTOR: (Name, legal status and address) Construction Results Corporation 14170 23rd Ave. N. Plymouth MN 55447 OWNER: (Name, legal status and address) City of New Hope 5500 International Parkway New Hope MN 55432 CONSTRUCTION CONTRACT Date: 7/8/2015 Amount: $93,885.00 Bond Number 354034128 SURETY: (Name, legal status and principal place of business) Liberty Mutual Insurance Company 175 Berkeley St., Boston, MA 02116 Description: (Name and location) New Hope Public Works Facility Exterior Painting & Repairs Location: New Hope, MN BOND Date: 7/14/2015 (Not earlier than Construction Contract Date) Amount: $93,885.00 document has important consequences. Consultation an attorney is encouraged respect to its completion or Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Construction Results Corporation Liberty Mutual Insurance Company Signature: Signature: . 4e��- Name Mark Snyd r Name David J. RudIA and Title: President and Title: Attorney -In -Fact (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: Rudnik Surety, Inc. (Architect, Engineer or other par y:) 24600 S. Tamiami Trail Bernie Weber Suite #212-320 5500 International Parkway, New Hope, MN 55432 Bonita Springs, FL 34134 New Hope MN 55432 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbu.org makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 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. S 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. S 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. S 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. S 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: S 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; S 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; S 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 S 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. S 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. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers 2 (NASBP) (www.nasbi).org) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 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. S 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. S 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. S 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. S 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. S 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. S 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. S 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. S 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. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers 3 (NASBP) (www.nasbn.ors) makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 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: Signature: Name and Title: Address: (Corporate Seal) Company: Signature: Name and Title: Address: (Corporate Seal) By arrangement with the American Institute of Architects, the National Association of Surety Bond. Producers 4 (NASBP) (www.nasbp.org makes this form document available to its members, affiliates, and associates in t Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. Payment Bond CONTRACTOR: (Name, legal status and address) Construction Results Corporation 14170 23rd Ave. N. Plymouth MN 55447 OWNER: (Name, legal status and address) City of New Hope 5500 International Parkway New Hope MN 55432 CONSTRUCTION CONTRACT Date: 7/8/2015 Amount: $93,885.00 Bond Number 354034128 SURETY: (Name, legal status and principal place of business) Liberty Mutual Insurance Company 175 Berkeley St., Boston, .NIA 02116 Description: (Name and location) New Hope Public Works Facility Exterior Painting & Repairs Location: New Hope, MN BOND Date: 7/14/2015 (Not earlier than Construction Contract Date) Amount: $93,885.00 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY document has important consequences. Consultation an attorney is encouraged respect to its completion or singular reference to tractor, Surety, Owner or r party shall be considered i1 where applicable. document combines two rate bonds, a Performance d and a Payment Bond, into form. This is not a single bined Performance and nent Bond. Company: (Corporate Seal) Company: (Corporate Seal) Construction is Corporation Liberty Mutual Insurance Company - deaSignature: "� Signature: Name Mark Snydei Name David J. Rudt and Title: Pre s i dent and Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Rudnik Surety, Inc. (Architect, Engineer or other party:) 24600 S. Tanuami Trail Bernie Weber Suite #212-320 5500 International Parkway, New Hope, MN 55432 Bonita Springs, FL 34134 New Hope ttilN 55432 By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers 5 (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 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. S 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. S 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). S 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. S 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: S 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 S 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. S 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. S 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. By arrangement with the American Institute of Architects, the National Association of Surety Bond. Producers 6 (NASBP) (www nasbp.org) makes this form document available to its members, affiliates, and. associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 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. S 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. S 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. S 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. S 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. S 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. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers 7 (NASBP) (www.nasbp.ora) makes this form document available to its members, affiliates, and associates in c Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 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. S 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: Name and Title: Address: Signature: Name and Title: Address: By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers $ (NASBP) (www.nasbu.ora) makes this form document available to its members, affiliates, and associates in i Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. ACKNOWLEDGEMENT OF SURETY State of Florida County of Lee On this the day of — Z 2015, before me, Richard T. Schwandt Notary Public, personally appeared David J. Rudnik , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me all that he/she executed the same in his/her authorized capacities, and that by his/her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my 4nd and official seal. 2. (Seat) ublic State of floritla Signature - Richard r scnwarldr v A` MY'✓ummission FF 105745 °P Expires 03/24/2015 ACKNOWLEDGEMENT OF PRINCIPAL (Corporation) State of ._ Minnesota County of -LLe n n P n i n _ On this the 15th day of July , 20 15, before me personally appeared _— Mark Snyder , to me known, who, being duly sworn, did say that he/she is the President of Construction Results Corp oratiArcorporation, that the seal affixed to the foregoing bond is the corporate seal of the corporation, and that said bond was executed on behalf of the corporation by authority of its Board of Directors. MARY L. HOUND NOTARY PUBLIC - mw&WTA �, Cpnmitsion Ertl Jan. 3t, 2020 �... - Notary PuAic ACKNOWLEDGEMENT OF PRINCIPAL (Individual or Partnership) State of — County of On this the day of , 20 , before me personally appeared , to me known to be the person described in and who executed the foregoing bond and acknowledges to me that he/she executed the same. Notary Public THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6514213 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies*), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Chelsea A. Bremer: David J. Rudnik; Janet L. Rudnik; Jennifer F. Newton: Nicholas L. Newton all of the city of Mounds View state of MN each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of April , 2014 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company W9estAmedcan Insurance Company By: David M. Care , Assistant Secretary On this 3rd day of April , 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my nacre and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Teresa Pastella , Notary Public This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of _ July 20 15 LMS_12873_122013 By: Gregory W. Davenport, Assistant Secretary 196 of 250 i0 O ri d C EL O r2 O� d C 3� COf M N O ro wo O C d a) =a 3 CD >M 4) 0 w � E' L N M 00 0 T- o Client#: 6903 CONSRESI ACORD,. CERTIFICATE OF LIABILITY INSURANCE 7/15DATE (MM/DD[ YYYY) /2015 MIDD/ 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 MN -COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 CONTACT NAME: PHONE612 349-2400 FAX 612 349 2490 A/C No Ext): A/C, No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: WESTERN NATIONAL MUTUAL INSURAN INSURED CONSTRUCTION RESULTS CORP INSURER B: THE BUILDERS GROUP - 14170 - 23RD AVE N INSURER C X1 POLICY & XCU PLYMOUTH, MN 55447 INSURER D INSURER E: i INSURER F: A COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 INSR SUBR WVD POLICY NUMBER POLICY EFF MMiDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR X1 CONTRACTUAL PER CPP100565606 2/01/2015 02/01/2016 EACH OCCURRENCE $12000000 DAMAGE TO RENTED PREMISES Ea occurrence $30O OOO MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X1 POLICY & XCU GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS CPP100542807 2/01/2015 02/01/201 EOaaBcideDtSINGLELIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB100077406 2/01/2015 02/01/2016 EACH OCCURRENCE $5 000 000 AGGREGATE s5,000,000 DED X RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A- 090000961 STATUTORY WC LIMITS APPLY TO MN ONLY 1/01/2015 01/01/201 X WC STATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1 OOO 000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) EXTERIOR REPAIR AND PAINTING OF THE NEW HOPE PUBLIC WORKS FACILITY ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY: CITY OF NEW HOPE CITY OF NEW HOPE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4401 XYLON AVENUE N ACCORDANCE WITH THE POLICY PROVISIONS. NEW HOPE, MN 55428 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S726581/M663770 TJL July 17, 2015 Mr. Mark Snyder Construction Results Corporation 14170 23rd Avenue North Plymouth, MN 55447 SUBJECT: Public Works Exterior Repair and Painting (project no. 966) At its meeting of June 22, 2015, the New Hope City Council approved the contract with your company for project no. 966 for $93,885. Enclosed is a fully executed contract. Also enclosed is a Withholding Affidavit for Contractors/IC- 134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Shawn Markham at 763-592-6763 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Bob Paschke, director of public works Shawn Markham, contract manager Chris Long, city engineer CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776