072318 Contract SignedSECTION 00 52 00 - AGREEMENT
THIS AGREEMENT is dated as of the 23 day of July in the year 2018 by and between
the City of Shorewood, 5755 Country Club Road (hereinafter called OWNER) and AE2S
Construction, LLC dba EIM, 5255 E. River Rd., Ste. 208, Fridley, MN 55421 (hereinafter
called CONTRACTOR).
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Contract No. 1 (City Project No. City Project No. 18 -01) - Shorewood Boulder Bridge
MCC Replacement
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
Shorewood Boulder Bridge MCC Replacement
City of Shorewood, MN
ARTICLE 3 - THE ENGINEER
3.01 The Project has been designed by Advanced Engineering and Environmental Services,
Inc. who is hereinafter called ENGINEER and who is to act as OWNER'S representative,
assume all duties and responsibilities, and have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are the essence
of the Contract.
4.02 Days to Achieve Substantial Completion and Final Payment
A. The Work associated with the Base Bid shall be substantially completed on or
before December 21, 2018 and completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions on or before January
11, 2019.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of essence of the Agreement
and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. The parties also recognize
the delays, expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not competed on
Shorewood, Minnesota 005200-1 AGREEMENT
Boulder Bridge MCC Replacement
time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty), CONTRACTOR shall pay OWNER $500.00 for each day that expires
after the time specified in paragraph 4.02 for Substantial Completion until the
Work is substantially complete. After Substantial Completion, if CONTRACTOR
shall neglect, refuse, or fail to complete the remaining of the Work within the
Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $250.00 for each day that expires after the
time specified in paragraph 4.02 for completion and readiness for final payment
until the Work is completed and ready for final payment.
�1 iYC�L K]ki II:t_[or;j:i[y
5.01 OWNER shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds to the sum of the amounts determined pursuant
to paragraph 5.01.A, below:
A. For all Work (including Base Bid and Owner selected Alternates (to be
identified)), a Lump Sum of:
One hundred twenty -nine thousand, nine hundred and no /100 dollars
(use words)
$ 129,900.00
(use figures)
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the
basis of CONTRACTOR's Applications for Payment on a monthly routine basis
during performance of the Work as provided in the paragraphs 6.02.A.1 and
6.02.A.2 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A of the General Conditions:
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below but, in each case, less
the aggregate of payments previously made and less such amounts as
ENGINEER may determine or OWNER may withhold, in accordance with
paragraph 14.02 of the General Conditions:
a. 90 percent of Work completed (with the balance being retainage).
If the Work has been 50 percent completed as determined by
ENGINEER, and if the character and progress of the Work have
been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as
the character and progress of the Work remain satisfactory to
them, there will be no retainage on account of Work subsequently
Shorewood, Minnesota 005200-2 AGREEMENT
Boulder Bridge MCC Replacement
completed, in which case the remaining progress payments prior
to Substantial Completion will be in an amount equal to 100
percent of the Work completed less the aggregate of payments
previously made; and
b. 100 percent of cost of materials and equipment not incorporated in
the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER with the balance being
retainage).
Upon Substantial Completion, OWNER shall pay an amount sufficient to
increase total payments to CONTRACTOR to 95 percent of the Work
completed, less such amounts as ENGINEER shall determine in
accordance with paragraph 14.02.13.5 of the General Conditions and less
100 percent of ENGINEER's estimate of the value of Work to be
completed or corrected as shown on the tentative list of items to be
completed or corrected attached to the certificate of Substantial
Completion.
B. In accordance with Minnesota State Statutes 471.425, the CONTRACTOR is
required to pay all /any subcontractor within ten days of the prime contractor's
receipt of payment from the OWNER for undisputed services provided by the
subcontractor. The CONTRACTOR is required to be in compliance with all
applicable sections and subdivisions of Minnesota State Statutes 471.425.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph
14.07.
B. The CONTRACTOR must submit Minnesota Department of Revenue Form IC-
134 before the OWNER will issue the final payment for the project.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents
and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied to
the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance for the
Work.
Shorewood, Minnesota 005200-3 AGREEMENT
Boulder Bridge MCC Replacement
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified
in the Supplementary Conditions as provided in paragraph 4.02 of the General
Conditions and (2) reports and drawings of a Hazardous Environmental
Condition, if any, at the Site which has been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of the construction to be
employed by CONTRACTOR, including applying the specific means, methods,
techniques, sequences, and procedures of construction, if any, expressly
required by the Contact Documents to be employed by CONTRACTOR, and
safety precautions and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, test, studies, or data are necessary for the performance of the Work
at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the
Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and
drawings identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 7, inclusive);
2. Performance Bond;
3. Payment Bond;
4. General Conditions (pages 1 to 65 inclusive);
Shorewood, Minnesota 005200-4 AGREEMENT
Boulder Bridge MCC Replacement
5. Specifications as listed in the table of contents of the Project Manual;
6. Drawings consisting of a cover sheet and sheets numbered (1 through
12, inclusive, with each sheet bearing the following general title:
Shorewood Boulder Bridge MCC Replacement, City of Shorewood);
7. Addenda (numbers 1 to 1 , inclusive);
8. Notice of Award;
9. The following which may be delivered or issued on or after the Effective
Date of the Agreement and are not attached hereto:
a. Notice to Proceed;
b. Written Amendments;
C. Work Change Directives;
d. Change Order(s).
B. The documents listed in paragraphs 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions and Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable
Shorewood, Minnesota 005200-5 AGREEMENT
Boulder Bridge MCC Replacement
provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for or in executing the Contract. For the
purposes of this Paragraph 10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of
anything of value likely to influence the action of a public official in the
bidding process or in the Contract execution;
2. "fraudulent practice" means an intentional misrepresentation of facts
made (a) to influence the bidding process or the execution of the Contract
to the detriment of Owner, (b) to establish Bid or Contract prices at
artificial non - competitive levels, or (c) to deprive Owner of the benefits of
free and open competition;
3. "collusive practice" means a scheme or arrangement between two or
more Bidders, with or without the knowledge of Owner, a purpose of
which is to establish Bid prices at artificial, non - competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in the
bidding process or affect the execution of the Contract.
Shorewood, Minnesota 005200-6 AGREEMENT
Boulder Bridge MCC Replacement
IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in
duplicate. One (1) counterpart each has been delivered to OWNER and
CONTRACTOR. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on July 23, 2018 (which is the Effective
Date of the Agreement).
OWNER:
City of Shorewood
By'- ccc_
La�%wn, Public Works Director
Address for giving notices:
r s__
CONTRACTOR:
AE2S Construction, LLC db EIM
By:
5255 East River Road
Ste 208
Fridley, MN 55421
Designated Representative: Designated Representative:
Name: L A-y-RY agp oy...t j4 Name: Kurt Paddock
Title: DIR. Puguc W oxy C Title: Project Manager
Address: SrauhL -rgy C L o R Address: - 5255 East River Road, Ste 208
(� ,'AlAo21GY-/=o nnN, SY33f Fridley, MN 55421
Phone: Ck5 ?_!qt. ? - 71} / 3
Facsimile: 1452_.4 7 #, orz_A
Phone: 763- 479 -3744
Facsimile: 763 - 479 -3745
E -mail: L r6wn ��%j � .fl .. ra O E -mail: kurt[.paddock @eimcompany.us
END OF SECTION
Shorewood, Minnesota 005200-7 AGREEMENT
Boulder Bridge MCC Replacement
SECTION 00 55 00 - NOTICE TO PROCEED
DATE: /W Il8
TO: AE2S Construction, LLC dba EIM
ADDRESS: 5255 E River Rd Ste 208
Fridley, MN 55421
CONTRACT: Contract No. 1 (City Project No. 18 -01) -
Shorewood Boulder Bridge MCC Replacement
PROJECT: Shorewood Boulder Bridge MCC Replacement, Citv of Shorewood, MN
You are hereby notified to commence WORK in accordance with the Agreement dated
July 23, 2018.
You are to have all WORK completed and ready for final payment on or before
January 11. 2019.
City of Shorewood, MN
Owner
By:
Authorized Signature
Title
ACCEPTANCE OF NOTICE:
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged by:
AE I S Ca"Vocre abo i Lc P444 F".t M
Contractor
Authorized Signature
Title
Date: 9 47 / ,XO/ 19
Copy to ENGINEER
FRM (Use Certified Mail, Return Receipt Requested)
END OF SECTION
Shorewood, Minnesota 005500-1 NOTICE TO PROCEED
Boulder Bridge MCC Replacement
Bond Number: 2274157
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
AE2S Construction, LLC dba EIM
4050 Garden View Drive, Suite 200
Grand Forks, ND 58201
SURETY (Name and Address of Principal
Place of Business):
North American Specialty Insurance Company
5200 Metcalf Avenue
OWNER (Name and Address): Overland Park, KS 66202
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
CONTRACT
Date: July 23, 2018
Amount: $129,900.00 (One Hundred Twenty Nine Thousand Nine Hundred Dollars and No /100)
Description (Name and Location): City Project No. 18 -01; Shorewood Boulder Bridge MCC Replacement
BOND
Date (Not earlier than Contract Date): July 31, 2018
Amount: $129,900.00 (One Hundred Twenty Nine Thousand Nine Hundred Dollars and No /100)
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,
do each cause this Performance Bond to be duty executed on its behalf by its authorized officer, agent or
representative.
AE2S Construction, I_I_C dba EIM
CONTRACTOR AS PRINCIPAL
Company:
(Corp. Seal)
Signature:
Name and Title:
6ZA-f6 4.
North American Specialty Insurance Company
SURETY
Company:
Signatur
Name and Title0andr-a: M. Ertgstrurri, Attorney -in -Fact
(Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL
Company:
(Corp. Seal)
Signature:
Name and Title:
Shorewood, Minnesota 0061 13-1
Boulder Bridge MCC Replacement
SURETY
Company:
Signature:
Name and Title:
PERFORMANCE BOND
1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Contract, which is incorporated herein by reference.
2. If the CONTRACTOR performs the Contract, (he Surety and the CONTRACTOR have no obligation under (his Bond, except to participate in conferences as
provided in paragraph 3.1.
3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after:
3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a
CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen
days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the
CONTRACTOR shall be allowed a reasonable time to perform (he Contract, but such all agreement shall not waive the OWNER's right, if any,
subsequently to declare a CONTRACTOR Default; and
3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR
Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and
3.3. The OWNER has agreed to pay the Balance of the Contract Price to:
3.3.1. The Surety in accordance with the terns of the Contract;
3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform (lie Contract.
4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or
4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or
4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of file Contract,
arrange for a contract to be prepared for execution by the OWNER and the 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 Contract, and pay to file OWNER (Ire amount of
damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by (he OWNER resulting from the CONTRACTOR Default; or
4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances;
4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender
payment therefor to the OWNER; or
4.4.2 Deny liability in whole or in part and notify the OWNER tiling reasons therefor.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default oil this Bond fifteen 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 paragraph 4.4, and the OWNER refrtses the payment tendered or the
Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER.
6. After the OWNER has terminated file CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, oz-4.3 above, then file
responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR tinder the Contract, and the responsibilities of the OWNER to the
Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the
Balance of (he Contract Price to mitigation ofcosts and damages on the Contract, the Surety is obligated without duplication for:
6.1. Tire responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract;
6.2. 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 paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in (he Contract, actual damages caused by delayed performance or non - performance of the
CONTRACTOR.
7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to fire 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, or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the
Contract or to related Subcontracts, purchase orders and other obligations.
9. 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 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.
10. Notice to the Surety, (he OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was be performed, any provision in (his
Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the OWNER to lire CONTRACTOR under the 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
Contract.
12.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes
thereto.
12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of
the Contract.
12.4. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to
perform and complete or comply with [lie other terns thereof.
Shorewood, Minnesota 0061 13-2 PERFORMANCE BOND
Boulder Bridge MCC Replacement
Bond Number: 2274157
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Address of Principal
AE2S Construction, LLC dba EIM
Place of Business):
4050 Garden View Drive, Suite 200
Grand Forks, ND 58201
North American Specialty Insurance Company
OWNER (Name and Address):
5200 Metcalf Avenue
City of Shorewood
Overland Park, KS 66202
5755 Country Club Road
Shorewood, MN 55331
CONTRACT
Date: July 23, 2018
Amount: $129,900.00 (One Hundred Twenty Nine Thousand Nine Hundred Dollars and No /100)
Description (Name and Location): City Project No.
18 -01; Shorewood Boulder Bridge MCC Replacement
BOND
Date (Not earlier than Contract Date): July 31, 2018
Amount: $129,900.00 (One Hundred Twenty Nine Thousand Nine Hundred Dollars and No /100)
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,
do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative,
AE2S Construction, LLC dba EIM North American Specialty Insurance Company
CONTRACTOR AS PRINCIPAL SURETY
Company: Company:
(Corp. Seal)
Signature: "` Si natur
Name and Title: /�rse� Name an Title:Sandra M. Engs ru , Attornact
(jr, c . � u,,s2 SE { (Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL
Company:
(Corp. Seal)
Signature:
Name and Title:
SURETY
Company:
Signature:
Name and Title:
Shorewood, Minnesota 0061 13-1 PAYMENT BOND
Boulder Bridge MCC Replacement
1. The CONTRACTOR and the 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 Contract; which is incorporated herein by reference.
2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR:
2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor,
materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the
addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense ofsuch claims, demands, liens or suits to the CONTRACTOR
and the Surety, and provided there is no OWNER Default.
3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in
paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount
of the claim.
4.2. Claimants who do not have a direct contract with the CONTRACTOR:
1. Have fumished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having
last performed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of
the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and
2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above
notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the
OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR.
5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Suretys expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are disputed,
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments [Wade in good faith by
the Surety.
8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any,
under any 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 Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the
OWNER's priority to use the funds for the completion of the Work.
9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER
shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to,
give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time, to the Contractor to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant tinder this Bond other than in a court of competent jurisdiction in the location in which the Work or part
of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3,
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.
12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of
notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the
signature page.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract 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. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or
shall permit a copy to be made.
15. DEFINITIONS
15.1 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 Cite 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 file 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 llte 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 dale of the Claim.
Shorewood, Minnesota 0061 13-2 PAYMENT BOND
Boulder Bridge MCC Replacement
15.2. 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 Contract. 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 Contract, architectural and engineering
services required for performance of the Work of the CONTRACTOR and die CONTRACTOR'S Subcontractors, and all other items for which a mechanic's lien
may be asserted in thejurisdiction where the labor, materials or equipment were fumished.
15.3. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and
changes thereto.
15.4. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or
to perform and complete or comply with die other terns thereof.
Shorewood, Minnesota 0061 13-3 PAYMENT BOND
Boulder Bridge MCC Replacement
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
State of North Dakota
County of Cani rp/(s j ss
JI�L� n' �64rll sz�s4v
On this day of 2018 , before me ai ared ��i� d ,
to be known, who, being by me Aly sworn, did say that (s)he is the Y 11ky 1 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.
E . ERTMAN
ry Public
North Dakota Expires Mar. 1]2(0n23
State of Minnesota )
) ss
County of Hennepin )
Notary Public M&6/v C unty, X
My commission expires �� ��g� 7�
SURETY ACKNOWLEDGMENT
On this 31st day of July 2018 , before me appeared Sandra M. Engstrum
to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of
North American Specialty Insurance Company , 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
Sandra M. Engstrum acknowledged said instrument to be the free act and deed of said corporation.
EMILY R. WHITE
Notary Public Hennepin County, Minnesota
NOTARY PUBLIC- MINNESOTA My commission expires 1/31/2021
My Commission Expires
January 31, 2021
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland
Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Overland Park, Kansas each does hereby make, constitute and appoint:
R. W. FRANK, R. SCOTT EGGINTON, JOHN E. TAUER, CRAIG REMICK, JOSHUA R. LOFTIS, TINA L. DOMASK, ROSS S. SQUIRES, RACHEL THOMAS, NICOLE STILLINGS, SANDRA M. ENGSTROM, BETSY WRIGHT.
JEROME T. OUIMET, KURT C. LUNDBLAD, BRIAN 1.OESTREICH, LIN ULVEN, EMILY WHITE, TED JORGENSEN, MELINDA C. BLODGETT, R.C. BOWMAN, COLBY D. WHITE, ALLISON HILL and RICK GIBBS JOINTLY OR SEVERALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
N.•�crPU I r�N
y�G�PpOFJq,`rG
SEAL : n
sz_ 1973 mr�
By a,-6-7
Steven P. Anderson, Senior Vice President of as ington International Insurance Company
• Senior Vice President of North American Specialty Insurance Company
• Senior Vice President offWWieestport Insurance Corporation
By / !
Mike A. Ito, Senior Vice President of Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
& Senior Vice President of Westport Insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
this 7th day of November 120 17
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook Ss:
On this 7th day of November 1 20 17, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFICIAL SEAL f \/
M. KENNY
Notary Public - Statn of lllInvis
My Commission Espifes M. Kenn ,Kota rY l PUb1fC
12JO41202r Y 1
I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 31 St day of July 12018
Jeffrey Goldberg, Vice President & Assistant Secretary of Washington lmemalional Insurance Company &
North American Specially Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation