Contract and Performance and Payment BondsOi .,
THIS AGREEMENT, made and entered into as of the 25 day of June, 2018, by and between the City of
Shorewood, a municipal corporation under the laws of the State of Minnesota, hereinafter caned the
"Owner," and Midwest Civil Constructors 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 seven hundred
eight thousand, five hundred nine and 00/100 dollars ($1,708,509.00) to perform and complete
the work shown in the plans and drawings, entitled "Riviera Lane, Shorewood Lane & Mann Lane
Street and Utility Improvement Project, City of Shorewood, MN," prepared by WSB & Associates,
Inc., and dated May 29, 2018, 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 "Riviera Lane, Shorewood Lane & Mann Lane Street and Utility
Improvement Project, City of Shorewood, MN," prepared by WSB & Associates, Inc., dated May
29, 2018.
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 June 25. 2018 and
accepted by the Owner on June 25, 2018.
CONTRACT DOCUMENTS for said Improvements, dated May 29, 2018, 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 May 29, 2018.
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 $1.708.509.00 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.
IMPROVEMENT RIVIERA LANE, SHOREWOOD LANE & MANN LANE CONTRACT FOR CONSTRUCTION
STREET & UTILITY
CITY OF r.. MN PROJECT .
WSS PROJECT NO. 02926-240 PAGE I
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.
MIDWEST CIVIL CONSTRUCTORS, LLC
�-
u
30
(Corporate Seal)
CITY OF SHOREWOOD, MN
,"L
j rA !�
Official Authorized
RIVIERA LANE, SHOREWOOD LANE & MANN LANE CONTRACT FOR CONSTRUCTION
STREET & UTILITY IMPROVEMENT PROJECT
CITY OF SHOREWOOD, MN PROJECT NO. 17-04
WSS PROJECT NO. 02925 -240 PAGE 2
Bond Number: 16162037
PART A: PAYMENT
KNOW ALL MEN BY THESE PRESENTS, that we Midwest Civil Constructors, LLC
Contractor, as Principal, and The Guarantee Company of North America USA
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 One Million Seven Hundred Eight Thousand Five Hundred Nine Dollars
and No /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 June 25 2018 , 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.
KNOW ALL MEN BY THESE PRESENTS, that the aforesaid Principal and Surety are held and
firmly bound unto the Obligee, for the use and benefit of the Obligee, in the additional amount of
One Million Seven Hundred Eight Thousand Five Hundred Nine Dollars
and No /100 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 Principal 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 cost and charges that may accrue on account of the doing of the work specified
and shall pay all costs of enforcement of the terms of the bond, if action is brought thereon, including
reasonable attorney's fees, in any case in which such action is successfully maintained, and shall comply
with the laws of the state pertaining 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.
RIVIERA LANE, SHOREWOOD LANE & MANN LANE PERFORMANCE AND PAYMENT BONDS
STREET & UTILITY IMPROVEMENT PROJECT
CITY OF SHOREWOOD, MN PROJECT NO. 17 -04
WSB PROJECT NO. 02925240 PAGE 1
The aggregate liability for bonds provided under Part A and Part B hereof is Three Million
Four Hundred Seventeen Thousand Eighteen Dollars and No /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 2nd
Midwest Civil Constructors LLC
Contractor
By
Its Matt Thompson, President
And
Its
(Seal of Contractor if a Corporation)
Witnesses to Contractor's Signature:
RIVIERA LANE, SHOREWOOD LANE & MANN LANE
STREET & UTILITY IMPROVEMENT PROJECT
CITY OF SHOREWOOD, MN PROJECT NO. 17.04
WSB PROJECT NO. 02925 -240
day of July —20 18
The Guarantee Company of North America USA
Surety
,p !qq gyp+
By (�
Its Emily White, Attorney -in -Fact
Witnesses to S ty's Signature:
PERFORMANCE AND PAYMENT BONDS
PAGE 2
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
State of Minnesota }
)SS
County of
On this day of 1j Q Ly 2018 , before me appearedMatt Thompson
to be known, who, being by me duly sworn, did say that (s)he is the President of
the Limited Liability Company described in and which executed the foregoing instrument, and that (s)he
signed his name thereto by order of the Board of Governors of said Limited Liability Company.
a °�y MICHAEL JAMES ZILA
Notary Public
State of Minnesota
My Commission Expires
January 31, 2021
l
Notary Public Me- D County, o $wra
My commission expires -J A,,av - .71 . ` q7-,
SURETY ACKNOWLEDGMENT
State of Minnesota )
)SS
County of Hennepin )
On this 2nd day of July 2018 , before me appeared Emily White
to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of
The Guarantee Company of North America USA , a corporation, that the seal
affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was
executed in behalf of said corporation by authority of its Board of Directors; and that said
Emily White acknowledged said instrument to be th free a t and deed of said corporation.
MANNA ROSk i ARSON
NO1ARY PUBI i , MINNt S01A
My Gorromission Expires
January 31, 2022
Notary Public Hennepin County, Minnesota
My commission expires 1/31/2022
A
THE The Guarantee Company of North America USA
GUARANTEE Southfield, Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Brian J. Oestreich, Joshua R. Loftis, R. Scott Egginton, R. W. Frank, John E. Tauer, Craig Remick, Rachel Thomas, Nicole Stillings, Jerome T. Ouimet,
Kurt C. Lundblad, Melinda C. Blodgett, R.C. Bowman, Ted Jorgensen, Emily White, Colby D. White
Cobb Strecker Dunphy & Zimmermann, Inc.
its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315' day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation
making payment of the final estimate to the Contractor and /or its assignee, shall not relieve this surety company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department
of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
JRrecb� its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
y�hJAMEP�Gp ri.✓Y Ir. ,T,�
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
County of Oakland
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company.
e Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland //!�
My Commission Expires February 27, 2024 6X a��Ge c .
Acting in Oakland County
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
vPATcca$q IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 2nd day of July, 2018
0 77
yO�rNAhS`ukt��P
Randall Musselman, Secretary
l'Y)
ACC>RL> CERTIFICATE OF LIABILITY INSURANCE
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 have ADDITIONAL INSURED provisions or 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
Cobb Strecker Dunphy & Zimmermann
225 South Sixth Street
Suite 1900
CONTACT NAME: Andrea Chappell
—�FAx
PHONE
_JA/c _N_ Ext); 612-349-2485
E-MAIL
_A6�E�ss.acha�eli�a csdz.com
INSURER DING COVERAGE NAIC it
_i :R(S) AFFOR
SURER A: Western National Mutual Insurance Cc 15377
Minneapolis MN 55402
INSURED MIDWCIVI
Midwest Civil Constructors LLC
100 Fuller St Suite 130
Shakopee MN 55379
INSURER B: SFM Mutual Insurance Company 1'1347
INSURER C:
_INSURER D:
_INSURER
INSURER F:
r'rN%1=DAi-_r_Q rERT!F!CATE iA7PA1 K1=VI5IUN NU1VIb1_-K:
THIS
INDICATED.
CERTIFICATE
IS TO CERTIFY THAT THE POLICIES
NOTWITHSTANDING ANY REQUIREMENT,
MAY BE ISSUED OR MAY
OF INSURANCE
PERTAIN,
LISTED BELOW HAVE BEEN
TERM OR CONDITION OF ANY
THE INSURANCE AFFORDED BY
ISSUED TO
CONTRACT
THE POLICIES
THE INSURED
OR OTHER DOCUMENT
DESCRIBED
NAMED ABOVE FOR THE POLICY PERIOD
WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS
INSR
T S
L L TR
A
AND CONDITIONS OF SUCH
T TYPE OF INSURANCE
X COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE [ X] OCCUR
POLICIES.
AW—D L �SU
INSD
B R
WV
WV
LIMITS SHOWN MAY HAVE BEEN REDUCED
POLICY NUMBER I
CPP107623504
BY
FF
(MM/DD/YY1M(Y))
8/1/2017
PAID CLAIMS.
POLICY EXP
(MMQ2ffZYY
8/1/2018
LIMITS
EACH OCCURRENCE $ 1,000,000
-5-A—M—AGE TO RENTED
PREMISES Ea occurrence $ 300,000
X Confir Llab Per
X _ Policy
MED EXP.(Any one person)--, $ 10A00 _
PERSONAL & ADV INJURY s 1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY [ X] PRO- LOC
JECT
PRODUCTS -COMPIOPAGG
$2,000,000
A
OTHER:
AUTOMOBILE LIABILITY
CPP107554405
81112017
8/1/2018
COMBINED SINGLE LIMIT
[jEaaccident)
$1,000,C)OD
ANY AUTO
BODILY INJLFRY(Per person)
$
OWNED SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY ICJ AUTOS
HIRED 1 NON-OWNED
AUTOS ONLY AUTOS ONLY
X Coma $1,400 X Coll $1,000
PROPERTY _RTY DAMAGE
aP r accident)
$
I Hired. Car Phys Dmge
$ ACV of Vehicle
A
X UMBRELLA LIAB X OCCUR
UMB1011258904
81112017
81112018
EACH OCCURRENCE
$ 4,000.000
B
EXCESS LIAB CLAIMS-M _ADE
DIED 1 X 1 RETENTION $ 10 000
I WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETORIPARTNERIEXECUTIVI
OFFICER/MEMBER EXCLUDED?
OF Y
Fv1
N / A
l
57903205
8/1/2017
I
I 8/1/2018
AGGREGATE
PER
X STATUTE ER
1$4,000,000
$
E.L. EACH ACCIDENT
$1,000,000
(Mandatory in NH)
(M
.L. EMPLOYEE
E SEASE - EA
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Owned Equipment
Leased/Rented Equipment
CPPI07623604
8/112017
8/112018
Limit: $604,976
Limit: $500,000
Ded: $1,000
Ded:$500
Special Form
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City Project No. 17-04
Additional Insured only if required by written contract with respect to General Liability, Automobile Liability, Umbrella/Excess Liability, and Pollution applies on a
primary basis and the Insurance of the Additional Insured shall be Non-Contributory: Certificate Holder, Project Owner and Others as required by written
contract.
Waiver of Subrogation only if required by written contract with respect to General Liability, Automobile Liability, Workers Compensation and Umbrella/Excess
Liability applies in favor of: Certificate Holder, Project Owner and Others as required by written contract.
City of Shorewood
5755 Country Club Road
Shorewood IVIN 55331
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 REPREJENTATIVE
0
M
(0 1985 -ZU1 5 A(;UKL) UUKFUKA I IVN. tAii l reserves.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
By signing this document I certify that I am an owner or officer of the company, and | swear under
oath that:
Date:
My company meets each of the minimum criteria of Minn. Stat. §18C285`subd.3'the
Responsible Contractor statute.
Pursuant hoStat §18C.285.eubd.3(7.my company has obtained from all
subcontractors and motor carriers with which it will have a direct contractual relationship asigned
statement under oath byon 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 d i d agrees that, if it retains additional subcontractors on the project after
submitting its verification of compliance, it ahoU obtain verifications of compliance from each
additional subcontractor with which it has a direct ountnmdua\ relationship and ohoU submit o
supplemental verification confirming compliance with Minn. Stot §iGC.285^oubd.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. § 16C285.
gubd. 3, renders s bidder ineligible to be avvondad 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.
/2,61 13
Contractor:
By
&�
(please print name)
Signature
(please sign name)
epwseA LANE, e*oRsvv000 LANE & MANN LANE SUPPLEMENTAL VERIFICATION
STREET & UTILITY IMPROVEMENT PROJECT
CITY oFuxORew000'Mw PROJECT NO. 17-04
vVoa PROJECT NO. ocuu5-2^n