Contract & Performance Bondii
AP
477 Temperance Street I St. Paul, MN 55101
()( "'T 1'9 P- 0 1
To: Jean Panchyshyn Date: October 17, 2016
City of Shorewood Re: 2016 Trunk Watermain Extension
5755 Country Club Road Project
Shorewood, MN 55331 Location: City of Shorewood, MN
Project No.: 2925 -16
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By: Karla Pederson, Administrative Assistant
Tele: 651 - 286 -8476
Building a legacy — your legacy.
Equal Opportunity Employer i wsbeng.com
K:102 925- 1 60tAdmin}Construction AdminlTRANS signed Contract City 101716.docx
THIS AGREEMENT, made and entered into as of the 26th day of September , 2016, by and
between the City of Shorewood, a municipal corporation under the laws of the State of Minnesota,
hereinafter called the "Owner," and Widmer Construction, LLC , hereinafter called the "Contractor."
WITNESSETH:
That in consideration of their mutual covenants and agreements as hereinafter set forth, the Owner for
itself and the Contractor for itself, its successors, and assigns, covenants and agrees as follows, to wit:
The Contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, plant
and every other thing necessary to perform the work designated and referred to in this Contract,
including all Contractor's superintendence, and to furnish everything necessary for the completion
of the improvement which is the subject of this Contract (except such things as the Owner has
specifically agreed to provide, according to the Contract Documents); and agrees under penalty
of a public contractor's corporate surety bond in the amount of One million one hundred two
thousand, eight hundred fifty -six and 13/100 dollars ($1,102,856.13) to perform and complete
the work shown in the plans and drawings, entitled "2016 Trunk Watermain Extension Project,
City of Shorewood, MN," prepared by WSB & Associates, Inc., and dated July 11, 2016, and to
conform in all respects with the provisions and requirements of the General Conditions,
Supplementary General Conditions and Specifications for said improvements, which is entitled
"2016 Trunk Watermain Extension Project, City of Shorewood, MN," prepared by WSB &
Associates, Inc., dated July 11, 2016.
2. The Contractor agrees that performance shall be in accordance with the terms, requirements and
conditions of this instrument, and laws of the State of Minnesota, and the following documents.
ADVERTISEMENT FOR BIDS for said Improvements for the Owner
PROPOSAL by the Contractor, presented to the Council of the Owner on September 26, 2016
and accepted by the Owner on September 26, 2016.
CONTRACT DOCUMENTS for said Improvements, dated July 11, 2016, referred to in the
preceding paragraph of this Agreement and made a part of the aforementioned proposal.
PLANS AND DRAWINGS for said Improvements as identified in a preceding paragraph of this
Contract and which are dated July 11, 2016.
ANY ADDENDA to the plans, drawings, general conditions and specifications for said
Improvements, which addenda were prepared by WSB & Associates, Inc.
PUBLIC CONTRACTOR'S SURETY BOND in the principal sum of the amount bid.
Each and all of the aforementioned Contract Documents are hereby incorporated into this
Contract by specific reference and the terms and provisions thereof are and constitute a part of
this Contract as though attached hereto or fully set forth herein.
3. The Owner agrees to pay the Contractor for the performance of this Contract and the Contractor
agrees to accept in full compensation therefor, the sums set forth within the aforementioned
proposal of the Contractor for each unit and each type of unit of work to be performed. It is
understood and agreed that the said proposal is for the construction of said Improvement on a
unit price basis in accordance with the said proposal, and that sum of $1,102,856.13 as set out in
said proposal, is the sum of the unit prices, multiplied by the estimated quantities of the
respective units of work listed therein.
2016 TRUNK WATERMAIN EXTENSION PROJECT CONTRACT FOR CONSTRUCTION
CITY OF SHOREWOOD, MN PROJECT NO. 16 -04
WSB PROJECT NO. 2925 -16 PAGE 1
4. Prompt Payment to Subcontractors. Each contract of a municipality must require the prime
contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment
from the municipality for undisputed services provided by the subcontractor. The contract must
require the prime contractor to pay interest of 1 -1/2 percent per month or any part of a month to
the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the prime contractor shall pay the actual penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a
prime contractor must be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
5. This contract may be terminated by the Owner at any time upon discovery by the Owner that
the prime contractor or subcontractor has submitted a false statement under oath verifying
compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, subd. 3.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and
year first above written.
WIDMER CONSTRUCTION, LLC
By
(Corporate Seal)
Ks'I °Ir
lCt=VADI�OlUrNDE-
[,Uk 1131120
MY 10
2016 TRUNK WATERMAIN EXTENSION PROJECT
CITY OF SHOREWOOD, MN PROJECT NO. 16 -04
WSB PROJECT NO. 2925 -16
CITY OF SHOREWOOD, MN
+k
Mayor
Administrator ( (h111)))
0
Authorized Official
CONTRACT FOR CONSTRUCTION
PAGE 2
- • .Tff WIDIM41111 • -
By signing this document 1 certify that 1 am an owner or officer of the company, and I swear under
oath that:
My company meets each of the minimum criteria of Minn. Stat. § 16C.285, subd. 3, the
Responsible Contractor statute.
Pursuant to Stat. § 16C.285, subd. 3(7), my company has obtained from all
subcontractors and motor carriers with which it will have a direct contractual relationship a signed
statement under oath by an owner or officer verifying that they meet all of the minimum criteria in
subdivision 3 prior to execution of a construction contract with each subcontractor or motor
carrier.
The undersigned agrees that, if it retains additional subcontractors on the project after
submitting its verification of compliance, it shall obtain verifications of compliance from each
additional subcontractor with which it has a direct contractual relationship and shall submit a
supplemental verification confirming compliance with Minn. Stat. § 16C.285, subd. 3(7), within 14
days of retaining the additional subcontractors.
Upon request, the undersigned shall submit to the contracting authority copies of the
signed verifications of compliance from all subcontractors of any tier and all motor carriers
providing for -hire transportation of materials, equipment, or supplies for a project.
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.
The undersigned understands that a false statement under oath verifying compliance with
any of the minimum criteria shall make the undersigned, ineligible to be awarded a construction
project and may result in termination of a contract awarded to the undersigned. A contracting
authority shall not be liable for declining to award a contract or terminating a contract based on a
reasonable determination that the contractor failed to verify compliance with the minimum criteria
or falsely stated that it meets the minimum criteria.
Date: e)
Contractor:
By
—� (please print name)
Signature
(please sign name)
ItSc m ✓�t
2016 TRUNK WATERMAIN EXTENSION PROJECT SUPPLEMENTAL VERIFICATION
CITY OF SHOREWOOD, MN PROJECT NO. 16 -04
WSB PROJECT NO. 2925 -16
Bond No. GRMN39860A
PERFORMANCE AND PAYMENT BONDS
PART A: PAYMENT
KNOW ALL MEN BY THESE PRESENTS, that we Widmer Construction, LLC
9455 County Road 15, Maple Plain, MN 55359
Contractor, as Principal, and Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134
are firmly bound unto the city Of -Shorewood- , a Minnesota Corporation, (hereinafter referred
to as "Obligee"), for the use and benefit of Obligee and all persons furnishing labor and materials to
perform the Contract, in an amount of _ ($1,102 856 13) One Million One Hundred Two Thousand
Eight Hundred Fifty Six - and 13 /100 Dollars, for payment of all claims,
costs and charges as hereinafter set forth. For the payment of this obligation, well and truly made, we
jointly and severally bind ourselves, our representatives and successors firmly by these presents.
The condition of this obligation is such that whereas the Principal has entered into a written
contract with the Obligee dated September 26, 2016_, which contract is on file in the office of
the Obligee, the regularity and validity of which is hereby affirmed;
NOW THEREFORE, if the Principal shall pay as they may come due all just claims for work done;
for furnishing labor and materials, insurance premiums, equipment, or supplies for the purpose of such
contract, and all taxes incurred under Minnesota Statutes, Section 290.92 or Chapter 297A, and supplies
for the completion of the contract in accordance with its terms, and shall pay all costs of enforcement of
the terms of the bond, if action is brought thereon, including reasonable attorney's fees, costs and
disbursements in any case in which such action is successfully maintained, and shall comply with the
laws of the state appertaining to such contract, then this obligation shall be void but otherwise it shall
remain in full force and effect pursuant to Minnesota Statutes, Chapter 574,
PART 8: PERFORMANCE
KNOW ALL MEN BY THESE !PRESENTS, that the aforesaid Principal and Surety are held and
bound unto the Obligee, for the use and benefit of the Obligee, in the additional amount of
1,102,856.13) One Million One Hundred Two Thousand Eight Hundred Fiftv Six
and 13 1100 Dollars, for the faithful performance of the Contract pursuant to its terms, as
hereinafter set forth.
For the payment of this well and truly to be made we jointly and severally bind ourselves, our
representatives and successors firmly by these presents.
The condition of this obligation is such that whereas the Pdnc pail has entered into the Contract
more particularly described in Part A hereof, the regularity and validity of which is hereby affirmed:
NOW, THEREFORE, if the Principal shall faithfully perform the Contract and shall save the
Obligee harmless from all costand charges that may accrue on account of the doing of the work specified
and shall pay all costs of arvfbrcement of `tile terms of tale bond, ifaction is brought thereon., includ ing
reasonable attorneys fees, in any casein wbich such action is successfully maintained, and -shall comply
Wth the laws of the state pertaining to such Contract, then this obtigetton shA be void but oth&*se it
shall remain in full force and effect pursuant to Minnesota Statutes, Chapter 574,
*5755 Country Club Rd., Shorewood, MN 55331
**2046TRORKWATERMAIN EXTENWON P,ROJECT PERFORMANCE AM PAYMEN7 ISONUS
UTY OF SHORE WOO D, MN PROJEC 7 NO, 1644
WSS PROJEGT NO. 2925-16 PAGE I
Schedule A-Watermain Improvements, Schedule B-Surface Improvements and Schedule C-Storm Sewer
Improvements as further outlined in Contractor's Bid, Shorewood, Minnesota
. _ n
The aggregate liability for bonds provided under Part A and Part B hereof is ($2,205,712.26)
Two Million Two Hundred Five Thousand Seven Hundred Twelve and 26/100
(Sum of Parts A and B)
No assignment, modifications, or change in the Contract, or change in the work covered thereby,
nor any extension of time for completion of the Contract, shall release the Surety on this bond.
Sealed with our seals and dated this 4th day of
Widmer Construction, LLC
Contractor
A
Ton0anderlinde
its Managing Member
And
Its
(Seal of Contractor if a Corporation)
Contractor's
September 2016
Granite Re, Inc.
Surety -
By
Troy Stapes
Its Attorney -in -Fact
2016 TRUNK WATt RMI AM EXTENSION PROJECT; PERFORMANCE: AND PAYM ENT BONDS
�MTY OF >HOREWOOD, MN PRO ECT NO.16 -04
W. 'se PROJECT No. 2925.16 RAGE 2
State of
County of
On this day of r in the year before me personally come(s)
to me known and known to me to be the person(s) who (is) (are) described in
and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same.
Notary Public
State of )
County of )
On this day of
in the year before me personally come(s)
a member of the co- partnership of
to me known and known to me to be the person who is described in and
executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership.
J
State of Minnesota, )
County c' ' "
On thisday of October, in the year 2016, before me personally come(s) Tony Vanderlinde, to me known, who, being duly sworn,
deposes and says that he is the Managing Member of the Widmer Construction LLC the corporation described in and which executed the foregoing
instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the
order of the Board of Directors of said corporation, and that he signed his name thereto by li order.,
rri z ,za
ANDREA MARIE CONNOL YDEES Notary Public
t'My C�Wnfl° "°"
'� ��'esJ� KNOWLEDGMENT OF SURETY
State of Minnesota )
County of Dakota )
On this 4th day of October, in the year 2016, before me personally come(s) Troy Staples, Attorney(s) -in -Fact of Granite Re, Inc. with whom I
am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s) -in -Fact of Granite Re, Inc. company described in and
which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the wit `? instrument is such
corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Att ey(s) -in -Fact of the
said company by like order.
oq
Notary Public
,A
_ PIC}TARY i`'UI3LIC - MINNESOTA
>m• r rQSJan.39,2020
my iron Exp
Y Gommisa
IN
Alk
Know all Men by these Presents:
That GRANITE RE, ��o corporation organized ' under the laws of the State of OKLAHOMA and | ng its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE; VV6NDAFKANZ TOM k\HL LISA M. FKANC0UR, JENNIFER B0YLES; ZACHARY PATE; TROY STAPLES; NICHOLAS
H0CHBAMits true and lawful AVomey-in'Fvct(o)for the following purposes, mwit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which is hereto annexed
and made o part n( this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all
and whatsoever the said:
JONATHAN PATE; \w6NDA [RANZ; TOM LAHL; LISA M. FRAWCUVR; JENNIFER D0YLE5 ZACHARY PATE; TK{Y/ NICHOLAS �
HOCHnAN may lawfully 6vin the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its President and Secretary/Treasurer, this 2811, day of September, 2016.
_
Kenneth D. Whittington, President
STATE OF OKLAHOMA S E A L �
} SS:
COUNTY 0F OKLAHOMA ) �-� KykA McDonald, Treasurer
On this 28th day of September, 2016, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC.
Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me
severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the
Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the
Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer,
respectively, of the Company.
My Commission Expires:
August 8, 2017
Commission #:0101JZ5r
GRANITE RE, INC.
Certificate
-� �,; 1, a, & " -)
�
THE UNDERSIGNED, being the duly Cf0OF|Eg
that the following resolution |sa true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect.
-RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as atto rneys-i n -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making n,
evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond
or undertaking o/ the Company, the seal, or a facsimile thereof, maybe impressed or affixed or in any other manner reproduced;
provided, howcvcr, that the seal shall not b= necessary tp the validity of any such instrument n,und=nakin0.^
IN WITNESS WHEREOF, the subscribed this Certificate and affixed the corporate seal d the Corporation this
4th —day of October _, 2016
Kyle P)McDonald, Secretary/Treasurer
Gmmoo.
S !0"P
4M, et"
Stpo, j,,,MN 50f04T
ACORD 25 (2010705)
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