E3. Award Chip Seala
PUBLIC WOI�K�DE�PARTMENT
20111 Avenue East
PO Box 1997
Kalispell, MT 59903
Phone: 406-758-7720
Fax: 406-758-7831
www.kalispell.com/Public works
MEMORANDUM
DATE: April 20, 2017
TO: Doug Russell, City Manager
FROM: Tom Tabler, PE, Civil Engineer
CC: Susie Turner, PE, Public Works Director,
SUBJECT: Chip Seal Project for Year Ending December 31, 2017
MEETING: May 1, 2017
BACKGROUND: Each year the City of Kalispell performs pavement maintenance in the form of
chip sealing to extend the service life of existing paved streets. Chip seal pavement maintenance
for the year of 2017 will consist of chip sealing approximately 3.25 miles of City streets.
Bids were received on Thursday April 20, 2017 at 2:30 PM. One responsive bid was received
from local contractors:
Contractor:
Pavement Maintenance Solutions
Engineer's 2017 Estimate
Total Bid Price
$161,718.15
$199, 319.68
References for Pavement Maintenance Solutions were contacted and interviewed. Pavement
Maintenance Solutions was determined to be a responsive and responsible contractor successfully
completing similar projects in Northwest Montana.
STAFF RECOMMENDATIONS: Award the bid for the Chip Seal Project for Year Ending
December 31, 2017 to Pavement Maintenance Solutions.
ACTION REQUESTED: Motion to award the Chip Seal Project for Year Ending December 31,
2017 to Pavement Maintenance Solutions with the execution of the total amount bid for
$161,718.15.
FISCAL EFFECTS: The total project construction cost will be funded in part ($119,000.00) by
the Gas Tax Fund Overlay/Chip Seal Fund (2420-421-430240-368) and the remainder by the
Pavement Maintenance Fund (2500-421-430244-354).
ALTERNATIVES: As suggested and approved by the City Council.
ATTACHMENTS: Bid Analysis.
m
Q
H
2
co
O
Ln
O
O
O
O
O
O
O
0
0
0
O
o0
O
O
O
N
LD
U!
0
0
0
0
U
0
0
0
0
0
LD
<0
Ct
M
lD
h
'i
O
Ch
O
O
Ln
lzt
M
CO
LD
Lf1
Ln
O
d
m
O
O
N
O
0O
00
0
0
0
It
60 N
.--I
®1
U?
ri
lD
N
LD
r-i
r-i
r-I-
N
tal
O
r-I
(g Lnf0-
N
a-+
O
Ln
0
0
0
0
0
0
0
0
0
0
v
O
00
O
O
ri
m
N
In
Ln
O
to
Ln
� LL
U
N
O
N
O
O
O
N
I®
(.0M
C M .P6
d
Lr)
O
/V
r-I
fV
N
x -0
E
y,
'=
-
60
ri
O E
N
> m
O
to O O
0— a. U
t!}
-Ln
in
t!?
t1}
-Ln
th
in.
-kn
t1?
th
th
0
0
0
0
0
0
00
0
0
0
0
0
O
O
LD
0
0
0-zr
l0
0
0
0
0
0
U
O
LO
0
0
0
m
O
-1
-t
00
0
0
'i
O
zt
O
O
Ln
ri
Ln
1.0
N1
M
d•
00
m
Ln
N
O
O
N
O
ri
h
Ol
O
O
M
N
l;
W
ry
c
ry
00
N
e-I
d'
Lr
r-I
r-I
r-I
f
O
r-I
Ly
th
V?
t!?
th
t!?
th
-Ln
th
to
to
th
ILn
0
0
0
0
0
0
LO
0
0
0
0
0
w
q,
O
(9
0
0
Lft
M
00
0
0
0
0
0
O
O
N®®`
4
ry
O
M
tat
M
O
O
.L
CD
CD
00
N
N
Ln
0
w
oo
vi
eri
th
tn•
tn-
to
tn•
tn.
to
to
-V�
00
as
c
00
m
r-I
al
r-I
ri
LO
r
O
Lll
60
lD
3
00
00
N
N
c
Y
(n
>-
Ln
(n
W
LL
LL
LL
LL
Q
Q
Q
J
(n
J
J
J
J
J
J
J
W
W
W
xx
!�
O
x
CL
_
O
O
W
x
Q
hl
Q�
Q
x
W
M
L
N
O
Y
L
m
E
+!
ro
m
Q
O
U
x
O
n
N
O�
+�
O
N
E
w
LO
N
x
N
ro
U
L
O
cB
cc
Ln1
O
Y
x
X
J
x
LU
>`
u
c
0
-
J
Q
3:
>
�
CL
O
U
O
D_
L
•
H
W
0,
(x
N
c
O
U
Q
aD
N
v
QJ
_
+,
t
W
lD
4-1
�
r4
.=
a-
J
O
_
O
4-
c
Q7i
O
v
Ln
cn
C
N
N
O
L O
++
Q)
N
Q)'
= o
o
Q>
Q
N Cl.0-
Q
H
o-
d-
00
�
N
N:
f-
Q
L
O
Z
c-I
N
M
L(1
(D
!-
.0
Ol
O�
Y
U U
P"Al
M71
m
O
H
PENAL SUM FORM
BID BOND
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
PAVEMENT MAINTENANCE SOLUTIONS, INC.
PO Box 3379
Columbia Falls, MT 59912
SURETY (Name and Address of Principal Place of Business):
Travelers Casualty And Surety Company Of America
One Tower Square
Hartford, CT 06183-6014
OWNER (Name and Address):
City of Kalispell
201 First Ave East
Kalispell, MT 59901
Bid Due Date: April 20th, 2017
Description (Project Name and Include Location): Chip Seal Project for Year Ending
BOND December 31, 2017 (44985457)
Bond Number: PMSO42017
Date (Not earlier than Bid due date): April 20th, 2017
Penal Sum Ten Percent $ 10.00%
(Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each
cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
PAVEMENT 1vIAINTE CE SOLUTIONS INC. Seal Travelers Casualtv And Surety Company Of America (Seal)
Bidder's Name and 0orate Seal Sure ", Name a d Corporate Seal
By
�t Signature Attach Power of Attorney)
a� 1,l,�btAre ,1r
�-nt Name
Title
Attes
..... �.Tff►`.rfj►..:
?i !
Title
Dale J. Anderson
Print Name
Attomey-In-Fact
Title
Attest:2KAn V--4 __ _
Signature
Customer Service Agent
Title
Nate: Above addresses are to be used for giving any required notice. Provide execution by any
additional parties, such as joint venturers, if necessary.
EJCDC-C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 2
PENAL SUM FORM
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and
assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the
penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond
shall be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if.
3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or
any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding
Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or
any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of
Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including
extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the
state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown
on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United State
Registered or Certified Mail, return receipt requested;
receipt by the party concerned. postage pre -paid; and shall be deemed to be effective upon
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority
of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such
Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at
length. If any provision of the Bond conflicts with any applicable statue, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.
EJCDC-C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 2
WARNING: THIS POWER OF ATTORNEY IS
RED BORDER
.A. POWER OFATTORNEV
TRAVELERSJ Farmington Casualty Company St. Paul lYlerctwy Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney-ln Fact No. 229302. Certificate No.0 0 6 9 3 1 O O 6
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Dianne L. Meinhardt, Timothy G. Lightbourne, Dale J. Anderson, and Stephani L. Cordeiro
of the City of Great Falls , State of Montana their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge anv and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of August 2016
Farmington Casualty Company
Fidelity and Guaranty insurance Company
Fidelity and Guaranty insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
1 ith
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
°}SG,��� iY .,tAr 6� S �*1t !kS f'�1NS •'•s tiiY Ak
i' srok,r �. c '`c % o .—......, 4•y J4,."..... 4'9 ". $J7. °s d�,°svae`o \�Et1[YAy�
e D1CCApgR,gm y "'?'. - lmtC4Arak��rm,g'.�Aeoanrf-°s�� °e "' �f� '��ls•,- c HR4rfOFCJ,t `
��.•SEALto% 1si o,r��CIXrMJ�g� n SS96
d y N s' c° y'• $ r >�o-;SS2CL;=a F �t° It o'0
r 9 t• mn'�•.,,uc atS.AH�,a,: ;" a�i l�,y
State of Connecticut
City of Hartford ss,
y: 3f
Robert L. Raney. Senior Vice President
On this the I lth day of Aug st 2016before me personally appeared Robert L. Raney. who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, bein, authorized so to do, executed 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 hereunto set my hand and official seal.erxx)�Zi*
My Commission expires the 30th day of June, 2021.
D9arie C. Tetreault, :Votary Public
58440-5-16 Printed in U.S.A.
! __ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
i
1 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect. reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance. or conditional undertaking, and any
Of said officers or tile Board of Directors at any time may remove any such appointee and revoke the Ixnver given him or her: and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each Suchdelegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a band. recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, aunv Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary, and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attornevs-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or f tcsinile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding- on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes. the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. y
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this OLQ) day of iti>`S2 20
Kevin E. Hughes, Assistant Sec tary
Gr`oVl[ � "�tl'[' 4'W 1•Y'y1t �tf�4• XSLr.. .Y aNa "k M1j�I
r...�.4y
~+ c to WCO[1 •a+Eoavort�i� s l¢�'.POR °���'$Y,4 1
m{ ar ,,, mti, w•�o4 Alf m; � � i
?tt:SEFii.,;; f � COur o cotw. �r N i89s
o,
!.y � ><N �� t� •�e�•tnNC4 L o s •, .:aa} d y�' �iY=,i... ��j� � l�
I,
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us it www.travelersbond.com. Please refer to the Attorney -In -Fuel number, the
above -named individuals and the details of the bond to which the power is attached. r
i
id
1
u,
WARNING THIS POWER OF ATTORNEY IS_' INVALID WITHOUT THE RED BORDER