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Fully Executed Contract Documents for the 2018 Sanitary Sewer Lining Project�E o C) n z LL m _ `u � � " — � ° ° ° ~ ° — � ° _ z � U) :1 u LIJ � z � _ � _ 0 " n LU — = U) _ U) m D z � � z m � — = ~ Transmittal To: Ms. Sandie Thone City Clerk City of Shorewood 5755 Country Club Road Excelsior, N1N55331 RECEIVED APR 2 2 ?019 CITY OF SHOREWOOD Ws Date: April 18.2O1Q Re: Fully Executed Contract Documents for the 2018Sanitary Sewer Lining Project Project No: R'012057-000 We are sending to you: n Shop Drawings El Prints 0 Attached Separately n Specifications H Contracts Correspondence El Other By Messenger EJ Report Document Description Fully Executed Contract for Construction Documents The above are: El Shop drawings as checked [:1 No exceptions taken [:1 Rejected n Revise and resubmit El Note markings For your use For your approval EJ For your distribution n For your processing El For your records 0 EJ For your information For your review As you requested For signature Other cc: By: Sue Bucklev, Tele: 763.287.7144 Administrative Assistant K = AdrnimBidding and Contractsm2958-000 CST TRANS-s thon° m THIS AGREEMENT, made and entered into as of the 141h day of January, 2019, by and between the Cities of Excelsior, Minnetrista, Shorewood, and Tonka Bay, a municipal corporation under the laws of the State of Minnesota, hereinafter called the " Owner(s)," and Visu- Sewer, Inc., hereinafter called the "Contractor." WITNESSETH: That in consideration of their mutual covenants and agreements as hereinafter set forth, the Owner(s) 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, 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(s) 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 Hundred Ninety -Six Thousand One Hundred Sixty -Five and 90/100 Dollars ($196,165.90) to perform and complete the work shown in the record drawings contained in this project manual entitled "2018 Sanitary Sewer Lining Project" prepared by WSB & Associates, Inc., and dated November 13, 2018, and to conform in all respects with the provisions and requirements of the General Conditions, Supplementary General Conditions and Specifications for said improvement. 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 Improvement for the Owner(s). PROPOSAL by the Contractor, presented to the Council of the Owner(s) on January 14, 2019, and accepted by the Owner(s) (Cities of Excelsior, Minnetrista, Shorewood, and Tonka Bay) on January 14, 2019, CONTRACT DOCUMENTS for said Improvement dated November 13, 2018 referred to in the preceding paragraph of this Agreement and made a part of the aforementioned proposal. PLANS AND DRAWINGS for said Improvement as identified in a preceding paragraph of this Contract and which are dated November 13, 2018. ANY ADDENDA to the plans, drawings, general conditions and specifications for said Improvement 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(s) 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 $196,165.90 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. 2018 SANITARY SEWER LINING PROJECT CITIES OF EXCELSIOR, MINNETRISTA, SHOREWOOD, AND TONKA BAY, MN WSB PROJECT NOS. R- 013082 -000, R- 012956 -000, R- 012957 -000, AND R- 012958 -000 CONTRACT FOR CONSTRUCTION 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. This contract may be terminated by the Owner(s) at any time upon discovery by the Owner(s) 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. CITIES OF EXCELSIOR, MN / MINNETRISTA, MN / SHOREWOOD, MN / TONKA BAY, MN 2 a 2018 SANITARY SEWER LINING PROJECT CITIES OF EXCELSIOR, MINNETRISTA, SHOREWOOD, AND TONKA BAY, MN WSB PROJECT NOS. R- 013082 -000, R- 012956 -000, R- 012957 -000, AND R- 012958 -000 (City Seal) (City Seal) (City Seal) (City Seal) ``d�stlttrtrre OOVWORq 7�� SCC rrlllttlltll \\\ CONTRACT FOR CONSTRUCTION By signing this document I certify that I 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. Contractor: 2018 SANITARY SEWER LINING PROJECT SUPPLEMENTAL CONTRACTOR VERIFICATION CITIES OF EXCELSIOR, MINNETRISTA, SHOREWOOD, AND TONKA BAY, MN WSB PROJECT NOS. R- 013082 -000, R- 012956 -000, R- 012957 -000, AND R- 012958 -000 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. MNC67559 AtA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Visu- Sewer, Inc. Merchants Bonding Company (Mutual) W230 N4855 Betker Rd. 2100 Fleur Drive Pewaukee, W► 53072 Des Moines, IA 50321 OWNER (Name and Address): Cities of Excelsior, Minnetrista, Shorewood and Tonka Bay CONTSTRUCTION CONTRACT' Date: 01/14/2019 Amount: $196,165.90 Description (Name and Location) 2018 Sanitary Sewer Lining Project BOND Date (Not earlier than Construction Contra�{ahlt6i•t UV1 4P,019 Amount: $196,165.90 ��`� -� E w ���. Modifications to this Bond: None ®` O� ,. /�[� CONTRACTOR AS PRINCIPAL C'�RPOl7gi6` CSAETY Company: Visu- Sewer, Inc. .(Corporate-Seal) Company: EA L Merchants Bonding Company (Mutual) � 1 Signature: �Snature: ` 1 Name and Title: `�\°`Name and Title: Debbra A. Ninkes, PC2t��.1i Attorney -In -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, party): ❑ See Page 3 (Corporate Seal) ,�t�etsau[Irrrerfr DIN '^ s m r �r�N1l ��y�. ''1011 l63 &9408505 AMA DOCUMENT A312 + PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -19 1 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 Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 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 its address 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 per- forming the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default, 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 Subparagraph 3.1, and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 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 Construction Contract, or 4.2 Undertake to perform and complete the Con- struction 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 the Construction 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 Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's 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: 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 therefore to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the surety does riot proceed as provided in Para- graph 4 with reasonable promptness, the Surety shall be deemed to be in default on 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 Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, 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 the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1,4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor- rection of defective work and completion of the Con- struction 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 the Construction 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 the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, inclu- ding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obli- gations. 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 avail- AIA DOCUMENT A312 o PERFORMANCE BOND AND PAYMENT BOND o DECEMBER 1984 ED. e AIA @ A312 -1984 2 THE AMERICAN INSTITUTE OF ARCHITECHTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the 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 construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory band and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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 be- half of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature 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 Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 ® PERFORMANCE BOND AND PAYMENT BOND ® DECEMBER 1984 ED. o AIA ® A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 Bond No. MNC67559 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Visu- Sewer, Inc. Merchants Bonding Company (Mutual) W230 N4855 Betker Rd. Pewaukee WI 53072 2100 Fleur Drive Des Moines, IA 50321 OWNER (Name and Address): Cities of Excelsior, Minnetrista, Shorewood and Tonka Bay CONTSTRUCTION CONTRACT Date: 01/14/2019 Amount: $196,165.90 Description (Name and Location) 2018 Sanitary Sewer Lining Project BOND Date (Not earlier than Construction Contr aa� 1b ry4/2019 Amount: $196,165.90 `�s �- �• iQ %,� Modifications to this Bond: �CO /,�7 None ❑ See Page 6 CONTRACTOR AS PRINCIPAL GpRPoRglcl SURETY Company: Visu- Sewer, Inc. (Cor 3-rate Seal) ; Campany: (Corporate Seal) SEAL M:T rchants Bonding Company (Mutual) � ® r11sr rtar Signature: ____ _1_�5( K> - °signature: Name and Title: � 1 � }�ss�� Name and Title: Debbra EyAInHi {nom es, FOR D� Attor C!71 (Any additional signatures appear on page 6) "N (FOR INFORMATION ONLY - Name, Address and Telephone) w ° ~a AGENT or BROKER: OWNER'S REPRESENTATIVE (Archiie�4,` gineer or other° " 777r'��1dW911111 } }h } ®�� AIA DOCUMENT A312 ° PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. > AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2(X)06 A312-1984 4 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrator, successors and assigns to the Owner to pay for labor, materials and equiprnent furnished for use in the performance of the Construction 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, indemnities, 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 Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such 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 address 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 furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last furnished 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 mater- ials 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 has 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 (at the address 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 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 Surety's 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 made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and 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 Construction 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 Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction 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 Subparagraph 4.1 or Clause 4.23, 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 address 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. AIA DOCUMENT A312 e PERFORMANCE BOND AND PAYMENT BOND e DECEMBER 1954 ED. e AIA O A312 -1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 MERCHANi7s_q_!� BON'DING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies ") do hereby make, constitute and appoint, individually, Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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. This Power -of- Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority 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, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority 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. 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. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 + ® + +OIIINBIetlBm ®a w. oa4 °e. .�rpO q� •�` ®`® • °a �,N . •• MERCHANTS BONDING COMPANY (MUTUAL) hy.'�0� r''SA' 4�{P099. q� ` MERCHANTS NATIONAL BONDING, INC. . 2003 1933 :'c: By ly •,!y' "�"'•� ee a�l(t "�:,' �Qa•® President STATE OF IOWA mmm''•era+ ++++ + +ee® • • • ° • a a COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. /, - , At 's, ALICIA K. GRANT Commission Number 767430 My Commission Expires r «vvr April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., 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 still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and ® ®ee +a®a+®rraAam`® 2003 POA 00 13 (3/17) ®•' ®° ° + + "pe° affixed the seal of the Companies on this) 1 tlJfcda of 01 aa.. ®aa t a • •'•� 1933 • :tea a • °••aaa• a• Secretary I DATE (MM /DD /YYYY) CERTIFICATE LIABILITY INSURANCE 1/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christine Miramontes NAME: j R &R Insurance Services Inc PHONE (P62)574 -'7000 jqC- No)_(262)5747080 -LAIC, Np Ex) -__. — 1581 E Racine Avenue E -MAIL christine.miramontes @rrins.com ADDRESS: PO BOX 1610 INSURER(S) AFFORDING COVERAGE NAIC # Waukesha WI 53187 1610 INSURERA:The Phoenix Insurance Company - 25623 INSURED INSURER B :The Travelers Indemnity Company 25658 Visu Sewer Inc INSURER C_ :The Travelers Property_ Casualty 25674 W230 N4855 Betker Rd INSURER D:Travelers Indemnity Co of CT 25682 PO Box B04 INSURERE:The Charter Oak Fire Ins. Company -- _25615 Pewaukee WI 53072 -0804 INSURER F COVFRAGFS CFRTIFICATF NLIM13FR CL1832281003 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER MM /DD /YYYY ) (MMIDD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A _ _ -) CLAIMS -MADE (X -, OCCUR _ -- DAMAGE TO RENTED -- PREMISES (Ea occurrence) $ 300,000 CO- 596BX624 4/1/2018 4/1/2019 MED EXP (Any one person) $ -. 5,9001 Form #CGD604 8 -13 (AI /PNC) PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. Form #CGD604 8 -13 (AI /Ops} GENERAL AGGREGATE $,_ 2 000,000 POLICY [X JE� I _._, LOC Form #CGD316 11 -11 (WOS) PRODUCTS COMP /OPAGG - -- $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ B _ ALL O SCHEDULED AUU TOS S AUTOS 810- 5968X624 4/1/2018 4/1/2019 BODILY INJURY (Per accident) _ $ X NON -OWNED -X -�, HIRED AUTOS ; AUTOS,, Form #CAT474 2 -16 (AI /PNC} PROPERTY DAMAGE _(Per accident) $ , (Form #CAT353 2 -15 (WOS) $ X j UMBRELLA LAB X OCCUR CUP- OJ357280 4/1/2018 4/1/2019 EACH OCCURRENCE _ __. i $ 10, 000 000 C EXCESS LIAB 1 CLAIMS -MADE Form #UM0637 2 -14 (AI /PNC) AGGREGATE $ 10 000, 000 DED X RETENTION$ 10 000 Form #UM0488 7 -08 (WOS) $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY Y / N -_____ _STATUTE__ ___ _ER ANY PROP RI ETD R/PARTN ER/EXECUTIVE NIA -E.L. E.L. EACH ACCIDENT $ 1 000 000 - -i -�- ---------- "-- "--------- E.L. DISEASE - EA EMPLOYE $ 1L000 X000 D OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) __ -- UB- 3K116933 4/1/2018 4/1/2019 If yes, describe under - -" _ -- - _ - -- - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E ( Contractors Equipment ( 660 - 5167X974 4/1/2018 4/1/2019 ( Leased /Rented Equipment 300,000 E Installation Floater 660- 5167X974 4/1/2018 4/1/2019 Any One Location /Transit 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 2018 Sanitary Sewer Lining Project. City of Excelsior, City of Mi-nnetrista, city of Shorewood, City of Tonka Bay, and WEIS are listed as additional insured on a primary and non - contributory basis in regards to general liability, auto liability, and umbrella when required by written contract per forms above. Builders risk applies per policy number 660- 5167X974. $196,166. 30 day notice of cancellation applies except for non - payment of premium. City of • 4901 Tonka •.y MN I 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 REPRESENTATIVE Thomas Sche.ider /DM586 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS 025 (201401) Other Named Insureds Alex Rentals LLP Visu -Sewer of Illinois LLC Visu -Sewer of Mississippi LLC Visu -Sewer of Missouri LLC VS Water Blasting LLC OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL STATUS IF REQUIRED BY (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 — WHO 1S AN INSURED: Any person or organization that: a. You agree in a "written contract requiring in- surance" to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an en- dorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury ", "property damage" or "personal injury "; and b. Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the "written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured — Owners, Lessees or Contractors — (Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following: the Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional In- sured — Owners, Lessees or Contrac- tors — Completed Operations en- dorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies; (2) If the "written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured — Owners, Lessees or Contractors -- Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies; or (3) If neither Paragraph (1) nor (2) above ap- plies: (a) The person or organization is an ad ditional insured only if, and to the ex- tent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the perform- ance of "your work" to which the "writ- ten contract requiring insurance" ap- plies; and (b) The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organi- zation. CG D6 04 08 13 0 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided h the additional insured by this endorsement |u limited aufollows: a. If the UmKm of |nnumnoo of this Coverage Part shown in the Declarations *xomad the minimum limits of liability required hythe "written contract requiring inmunance". the in- surance provided Vo the additional insured will ha limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability by the "written con- tract requiring insurance" will he considered to include the minimum limits of liability ufany Umbrella Excess liability for the additional insured by that "written con- tract requiring insurance". This endorsement will not increase the limits of insurance de- scribed in Section III — Limits Of Insurance. ld. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop.- vrty damage" or"personal injury" arising out of the rendering of, or tmi|um to mndor, any professional architectural, engineering or sur- veying aamkma.inc|uding: (i) The pepahng, appmvnU, or failing to prepare or appmve, mops. shop draw- ings, opinions, mports, surveys, field or- ders or change undem, or the poapahng, approving, or failing b/ prepare orap' pmvo, drawings and specifications; and (3) 8opmm|sury, inopection, architectural or engineering activities. o. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the ''pmdunto-oomp|n<edopera- tions hmzard" unless the "written oonkoniro- qu|rinO inuomnxo''specifically requires you tn provide such coverage for that additional in' sured during the policy period. 1 The insurance provided tnthe additional insured by this endorsement is axc000 over any valid and collectible other inauxanoo, whether yhmary, ex- cess, contingent or on any other basis, that is available to the additional insured. However, ifthe written mon$osot requiring insuranco" specifically requires that this insurance apply onaprimary basis ora primary and non contributory basis, this insurance in primary \n other insurance available to the additional insured under which that person or organization qualifies as o named inaurod, and we will not share with that other insurance. But the insurance provided 10 the oddiUnnul insured by this endorsement still is excess over any valid Page and collectible other insurance, whether primary, wxoone, contingent mun any other basis, that is available huthe additional insured when that per- son or organization is an additional insured, or in any other insured that does not qualify as o named insured, Linder such other insurance. o. As aoondi1ion of coverage provided to the addi- tional insured by this endorsement: m. The additional insured must give us written notice as soon an prndioeh|e of an "occur- rence" or an offense which may result in o claim. To the extent poaoib|a, such notice should include: (1) How, when and where the "occurrence" o/ offense took place; (q The names and mddmm000 of any injured persons and witnesses; and <%> The nature and location of any injury or damage arising out of the ^ouounenue^nr offense. b. If claim in made or "suit" is brought against the additional insured, the additional insured must: (1) Immediately record the specifics of the claim or"suit' and the date received; and <Q Notify uoemsoon as practicable, The additional inmxedmustmee to it that we receive written notice of the claim or "Suit" an soon aopracticable. r. The additional insured must immediately send uo copies ofall |agm| papers received io con- nection with the claim ur''suK^. cooperate with us in the investigation or settlement of the claim or defense against the ^puit'. and oth- erwise comply with all policy conditions. d. The additional insured most tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for n |nno we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to other insurance available k/ the additional insured which co* emthut person or organization as a named insured mndescribed in Paragraph 3. above. S. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part ofany written contract or agreement under which you are required 10 include o person oror- ganizaUunanon additional insured on this Cover- age Part, provided that the "bodily injur/' and ,property dmmmOo^ nccum, and the "personal in- jury" is caused by on offense committed, during the policy period and: COMMERCIAL GENERAL LIABILITY o. After the signing and execution of the contract or agreement by you; and h. While that part of the contract wagreement is in effect. CG D6 04 08 13 0 2013 The Travelers Indemnity Company. All rights reserved Page 3 of 3 COMMERCIAL AUTO A y , a w tMr .rr A, r� A - . R , This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured ". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non - contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non - contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE SCHEDULE OF DESIGNATED PERSONS OR ORGANIZATIONS Person nrOrganization: ANY anuawm on oxeAmzZATzom coNrrmnEo ON oo Ta oz Project or Location: SEE CG T8 01 PROVISIONS 1. The following is added to Paragraph 2. of SEC- TION 11 — WHO IS AN INSURED.: Except as respects the "auto hazand^. Paragraph 2.t does not apply k/ the person ororganization shown in the Schedule Of Designated Persons Or Organizations for the project or location shown in that schedule. The person or organization shown in the Sched- ule Of Designated Persons Or Organizations is an insured, but: (1) Only if that person or organization is an in- sured under any policy of the "underlying in- surance" listed in the SCHEDULE OF UN- DERLYING INSURANCE of the DECLARA- TIONS of this insurance; UM 06 37 O214 numo The Travelers Indemnity Company, All rights reserved. Page 1ofZ UMBRELLA CV Only with respect \o liability for: (a) "Bodily injury" or "property damage" not included inthe"auto hazard"; or (b) "Personal injury";and (4 |t and only to the extent that, such injury or damage is caused by acts or omissions of you o/ your subcontractor inthe performance of "your work" on or for the pnoject, or at the |ocadon, shown in the Schedule Of Desig- nated Persons Or Organizations. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion, The insurance provided to such person ororgani- zation dues not apply in "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure torender, any professional aohhectuo|, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or appmve, maps, shop drawings' upinions, veports, sumeys, field mdco or change or- ders, or the prepahng, approving, or failing to prepare or approve, drawings and spacifica- honcand (b) Supervisory, \nspecdon, architectural nr engi- neering uctivides. This insurance is subject to all the limitations upon coverage under such policy of "underlying inyurance", and the limits nf insurance afforded 0n such person or organization will be: (V The difference between the "underlying insur- ance" limits and the minimum limits of insur- ance whichyouagneedNpnovde;or (ii) The limits of insurance of this policy whichever is less. If the minimum limits of insurance you agreed N provide such person or organization in a written contract are wholly within the "underlying insur- ance", this policy shall not apply. 2. The following is added to Paragraph 10.. OTHER |NSVRANCE..of SECTION |V—CONDITlONS.: Hnwever, for the person or organization shown in the Schedule Of Designated Persons Or Organi- zations, to the extent that such person vr organi- zation qua|ifies as an insured under Paragraph 2. of SECTION U —VVHO IS AN INSURED for the project or location shown in that schedu|e, if the written contract in which you have agreed Npro- vide insurance for that person or organization specifically requires that this insurance apply un a primary basis or a primary and non-contributory bas|s, this insurance will apply as if other insur- ance available to that person or organization un- der which that person or organization qualifies as a named insured does not exist, and we will not share with that other insurance, But this insur- ance still is excess over any valid and collectible other insurance, whether such insurance is stated tnbeprimary, conkibudng, excess' contingent or oUhenwise, which covers that person morganiza- tion as an additional insured or as any other in- sured that does not qualify as a named insured. Page ZofZ @cmx The Travelers Indemnity Company. All rights reserved. UM 06 37 0214 POLICY NUMBER: CUP-OJ357280-18-26 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 04/11/2018 This endorsement changes the policy. Please read it carefully AMENDMENT - WHO IS AN INSURED (UM 06 37) This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE AMENDMENT - WHO IS AN INSURED AND OTHER INSURANCE - DESIGNATED PERSONS OR ORGANIZATIONS FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE INSURANCE, Form UM 06 37 02 14, Continued:SCHI,DULE Of" DESIGNATED PERSONS OR ORGANIZATIONSPerson or Organization:Any person or orqan4Z tion that you agree in a written contract to include as an additional insured on this policy, provided that such written contract:1. Was signed and executed by you before, and is in effect when, the "bodil-y-i-iijiiry"or"property darnage" occurs or the "personal injury" offense iscommitted; and 2. Specifically requires that the insurance provided by this policy to such person or organization apply on a primary basis or a primary and non-contributory basis—Project or Location:Any project to which such written contract described in the Person or Organization section of this Schedule applies. PRODUCER: G6338 OFFICE: MILWAUKEE WI CG T8 01 04 18 Page 1 of 1 115