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HomeMy WebLinkAboutContract 1718 EJCDC STANDARD FORM OF AGREEMENT BETSVEEN O~VNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE MINNESOTA, (hereinafter called OWNER) and ~ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR~ in consideration of the mutual covenants hereinafter set forth, agree as follows: 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: LINING 1,656 L.F. OF 12" RCP SANITARY SEWER ON MONROE ST., MID-BLOCK EASEMENT~ AND WASHINGTON ST. 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: · 2003 SANITARY SEWER LINING: CITY PROJECT NO. 0208 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, 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 xvith the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment The Work will be substantially completed on or before August 1, 2003, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions. 4.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this 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 completed on 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 $250.00 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 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. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit A. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 &tbtnittal and Processing of Paytnents go 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 Ao OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02.A.1 18 6.03 .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 (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 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: · 95% of Work completed (with the balance being retainage). If the Work has been 50% 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 completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100%~of the Work completed less the aggregate of payment previously made; and 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 5% 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. Final Payment mo 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. 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 rate of 6% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 19 Bo Go Jo ,CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 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. 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 construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, 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. 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. 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 xvritten 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 fumishing of the Work. 20 ARTICLE 9 9.01 CONTRACT DOCUMENTS Contents A. The Contract Documents consist of the following: Bo 2. 3. 4, 5. 6. 7. 8. 9. This Agreement (pages to __ Performance Bond (pages to __ Payment Bond (pages to __ Other Bonds (pages __ to __ General Conditions (pages to Supplementary Conditions (pages inclusive); inclusive); inclusive); inclusive); , inclusive); to ~, inclusive); Specifications as listed in the table of contents of the Project Manual; Drawings consisting of 2 record drawing plan sheets. Addenda (numbers __ to. , inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. b. Notice to Proceed (pages __ to __., inclusive); CONTRACTOR's Bid (pages __ to , inclusive); Documentation submitted by CONTRACTOR prior to Notice of Award (pages . . to , inclusive); ; 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: Written Amendments; Work Change Directives; Change Order(s). The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. 21 ARTICLE 10 - MISCELLANEOUS 10.01 Tertns Ao Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract 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 Ao 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 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 he reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable). 22 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One 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 //~O~ c'~3ft a~zgff3 , 2003 (which is the Effective Date of the Agreement). t ' [CORPORATE SEAL HEREl Attest Address for giving notices: CONTRACTOR: Insituform Technologies USA, Inc. 1~ ,lo~nn. Smith , .Asst. Secretary AdRr~or giving n6tices: 17988 Edison Avenue Chesterfield, MO 63005 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER- CONTRACTOR Agreement) Designa~Represen~ve: Name: Title: Address: Phone: Facsimile: License No. N/A (Where applicable) Agent for service of process: C T Corporation System, Inc, (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated RepresentatNe: Name: Boyd A. Hirtz Title: Vice President 1798R Edison Avenue Address: Chesterfield, MO 63005 Phone: 636-530-8000 Facsimile:636-537-1098 or 636-530-0751 23 INSITUFORM TECHNOLOGIES USA, INC. Unanimous Written Consent of Directors Pursuant to Section 141 of the Delaware General Corn_ oration Law The undersigned, being all of the directors of Insituform Technologies USA, Inc., a Delaware corporation (the "Company"), in lieu of a meeting of the Board of Directors and acting pursuant to Section 14 l(f) of the Delaware General Corporation Law, do hereby waive notice of a meeting and DO HEREBY CONSENT TO AND ADOPT the following resolutions, such resolutions to have the same force and effect as resolutions approved at a meeting duly held: RESOLVED, that the following persons be, and the same hereby are, elected and appointed to hold the positions set forth opposite their respective names, replacing in the entirety the existing slate of officers of the Corporation, and to serve until their respective successors have been duly elected and qualified or until their death, resignation or removal from office and further the Corporation hereby authorizes, empowers and delegates authority to the President and to each of the Vice Presidents and Project Executive's of the Corporation full power and authority to enter into contractual obligations on behalf of the Corporation and to bind the Corporation to perform contracts of all kinds and types, including but not limited to contracts in furtherance of the Corporation's pipe and pipeline rehabilitation service activities: Name Office Name Office Anthony W. Hooper President Boyd Hirtz Vice President & Sr. Project Executive Joseph A. White Vice President and John Marich Vice President Chief Financial Officer and Assistant Secretary Thomas A. A. Cook Vice President, General Tom Porzio Counsel and Secretary Robert W. Affholder Vice President Diane Bowers Carroll W. Slusher Vice President Joann Smith Charles Nance Vice President Michael Janke Gerald Addington Vice President William H. Markey Jerry Gordon Vice President Donna Del Grosso H. Douglas Thomas Vice President Denise V. Carroll Project Executive Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary FURTHER RESOLVED, that the officers and assistant officers of this Corporation be, and each of them hereby is, authorized and empowered, individually, to perform such other acts and to execute such other instruments, deeds, documents and other agreements as may be necessary or appropriate to effectuate the intent of the foregoing resolutions. This Written Consent may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. This Written Consent shall be filed by the Secretary of the Company with the minutes of the Board of Directors. [ signature page next 1 L:~Board Rcsol & MeetingsLITI USA Officers-D Carroll 07-15-02.doc IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of July 15, 2002. Carroll W. Slusher BEING ALL OF THE DIRECTORS L:'d3oard Resol & McetingsXlTl USA Officcrs-D Carroll 07-15-02.doc CONSTRUCTION PERI~ORMANCE BOND Bond #103960157 SS8382 Any sinn_ular mf~.mnce tn the Conlraetor. Sliretv. Ova~ or other otrtw slmll be cnns~dered _~lur~l wl~re nm~licable. ?nO...~RA_CTO. ~. (Nme ~1 Add~,): si[urorm/ecnno[ogies USA, Inc. 17988 Edison Ave. Chesterfield, MO 63005 OWNER (N,me axi Address): City of Columbia Heights 637 38th Ave. NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Amount: $44,546.40 D~ptiol% (Nsam sad Ix)catior0:2003 Sanitary Sewer Lining: City Project NO. 0208 sUREtY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower S0uare, 13CZ Hartford, CT 06183 St. Paul Fire and Marine Insurance Company 5801 Smith Ave. Baltimore, MD 21209 BOND Date (Not ~rli~ tima C(msln~ioa Co~Ira~ Dat~): Amount'. $44,546.40 Modifications to this Bond Form: none Travelers Casualty and Surtey Company of Ame,'i~ / S~ St. Paul Fire and Marine Insurance Company ~y: (conz Name sad Title: Kathleen A Petchulat Attorney-in-fact SURETY Comply: (Corp, Se,d) Sill~ature:, $il~tm'e: Name and Title: Nam~ and Title: EICDC No. 1910.2&a (1984 Edition) Ptepatsd throu~ th~ joi~ ~f[or~ of~h~ St~ety A#ociatlon of Am~i~ Btt~m. ets Joint Contract Docnment~ Co~tt~, TI~ Associnl~d Oene~tl Conlltctms of America, nad th~ Arnericsa Institute of Architects. 24 t. T~ Co~*actor Con~ ~ ~ p~id~d iff $ubp~ 3.1. 3. I~ ~f~ 3.2 ~ ~ ~ d~. ~ ~u~ ~ f~ ~nmd 3.3 ~ ~t ~ of~t ~ ~. 4. ~ ~ ~w ~ ~UI~ ~ ~ of P~ 3, ~ Sm~ shall 4.1 ~ ~ ~ C~, ~ ~t ~t~ 0~, ~ p~ ~ 4.2 ~m~m C~t, ~ f~ a c~ct M bo p~ f~ ~u~ ~ ~ ~ ~d ~ ~c~ ~ ~ t~ ~'s ~ut~ C~m~ 4.4 W~ d~, 2. ~l~w~~~~,w C~i~ Cm~ ~m~ ~ ~ by ddty~ p=f~e 'J. The Surety shall not bo It~bl= to th~ Owr~r ~ o~hers ~ I~ C~ ~ ~ll ~ be ~ ~ m off ~ o~ount obJi~on,. 9. Any p~Ndmg, ~l m ~ui~k, unde~ ~is B~ ~y g~rt afoot jun~cti~ in ~ I~t~on in whi~ ~e ~tult ~ ~in ~ ~ a~ ~ C~c~. ceded ~m~ ~ a~ ~e Surety ~m or ~ili tO ~ its ~llgah~s ~ wh~ ~c~ ~L If I~ pr~ions of t~s PvaF,ph 10. H~ M h S~, ~ O~ ~ ~ ~t~ shall ~ ~Jl~ l t. ~ ~ B~ ~ ~ ~i~ ~ ~ly wf~ I mumm m o~ lc~l sta~ ~ o~ bpi ~ir~t s~ll ~ d~ in~t~ ~ ~ ~ ~ff ~d ~1 b~ ~J~ ss a mm~ ~d ~ Isw b~. 12. ~, ~ ~ all valid md ~ ~ym~ta of~ C~I~ un~ ~ Cmuac~ C~I. 12.2 C~eh~ C~ ~e I~t bd~ ~u~U lad e~n~ 12.3 C~nc~r ~Gult: ~u~ ~ ~ C~I~c~. which ~OR INFORMATION ONLY-Name, A~ and ,~0BN.T or BgO~: Stephen E Ricc~ icci Associates, inc., 955Executive ~arkway, Suite 100 Creve Coeur, MO 63141 (314) 439-1444 OW*HRR8 R~PRB3ENTA TIVE(ArcJaitect, Hnginerr, or other 25 CONSTRUCTION PAYMENT BOND Bond #103960157 SS8382 AnY ~/.,,ul~ zef/mm~ to Ih. ~:outnctor. Surety. Own~ or off, er rtL, tv fl~l_l be considered vlur&l Where ==]ic~ble. Insituforrn/ecnno~ogies USA, 17988 Edison Ave. Chesterfield, MO 63005 OWNI~ (Name and City of Columbia Heights 637 38th Ave. NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Dm: Amo~t: $44,546.40 I)e~'~tJea (N~ and I. xmafl~); 2003 Sanitary Sewer Lining: City Project NO. 0208 SURETY (N~ne and Princip,1 Place of Bu~ineas): Travelers Casualty and Surety Company of America One Tower Square, 13CZ Hartford, CT 06183 St. Paul Fire and Marine Insurance Company 5801 Smith Ave. Baltimore, MD 21209 BOND D~te (Not ~'l~r ~ ~on Contr~ Amount: ~4,~6.40 M~ifica~o~ ~ ~s ~ F~: none Travelers Casualty and Surety Company of America SU~3T~ St. Paul Fire and Marine Insurance Company Coat, aa,j: (Co~l~. N~.e ~! Title: Kathleen A Petchulat Attorney-in-fact Comtmty: (Corp. Seal) Si~um: Sigrmture: Name and Title: Nm end Title: 26 !. The Contr~clor and the Surety, .iointl¥ and e~,'ctelly, bind thcraKlv,a, heirs, e.x~eutor~ ,dmlnlWs~1, tKeeuots and aui~ne to the Owner to ply for bbor, motc~bl~ and KluYn~t t'uml~hed lot usc i~ peffom~ance or' L~ Conmction C~tnct. which is m~oq~ormd h~rt~in by r~t'er~nce. 2. With re, puce to the Owner, ~is obligation shall be null end void il' the 2.1 PmmFtly make~ i~Yment, dire~dy ot inditeedy, for &Il ~um~ duc Claimmts, mi 2.2 D~fandt, indemniBe~ and bride hannl~ ~he Own~ ~ ~ de~Jh~d in l~mlrnl~ t2) of any oistms. ~msnds. li~n~ suim Ind m~dcflKI d,faHN~ of aueh dsitTl~ denunde, liens, (w ~li~ to the C~ntAeur and the ~m~,, nd pmvid~l thsr~ b no 0wt~r L Wtlh ¢#lN~t ~ Clainunts. Ibis oblation ohall bs pull end void if the ~ntra~ors prQrr.~ty metes payment, (breed), ot indir~, for ail sums 4. Thc S~flfly duel hays no oblilKIm m Claimants under ~ie Bond until: 4.! Claimln~ who irs emi)loved b~ or hay- · dit~et Qon~et with the Cmt~t haw liven nmico m d~ Sm-~t~ Cat lb ~d~m ~'bcd in m~l ~t · ekim i~ ~ini n~is un~. ~is ~ a~d. with miD'. or n~ti~ Ihm~f. m th~ O~n~ro within 90 dn¥i hivin$ IMt INrfixmud libor or lut [~'niehcd ms,rials · quilnn~t M~l~bd in ~1~ d~im m~. wi~ accu~cy. ~o amou~ of 1~o c¼im ~md the nsm~ of I1~ ps~/to whom f~ me,dais w~ f,m(~d ot su~lt~d ~ for whom 2. H~ve ei~e~ t~ewed ~ tqKbon in whole ot in pm from Con~'. or n~N rs~'i~n~d w(Ihin 30 dny~ of fumbhin[ abe'.n, nc~iee an}. ~dm ~ ~ C~ ~. ~f a ~t~ ~ut~ ~ ~ 4 ~ ~ ~ ~ ~ m ~ C~ 6.1 ~d ~ ~ m ~ ~nt. ~ a ~y ~ 0~. ~t~ 4~ di~. ~t all h~ ,am~ by ~ C~r in ~ ~f~ee of ~ ~c Su~ ~r t~ ~, ~=t lo ~e ~='s ~i~iW lo ~ ~e ~ 0~ shall ~ b. ~b b ~t ~my ~ ~ ~ Chirper undK thie Bond. end e~l hevc under this B~nd no obliptl~s 10.1~ 5u~ h~y ~i~l n~ of~y ~gc. ~clud~ ch~le~ of~e ~ thc C~ueI~ ~t or ~ ~]a~ ~ubc~, purc~ and o~ ~li~. I !. ~ mit ~ ~ s~l ~ ~Mnc~ by (l) ~ wh~ ~ ~i~nt ~ ~ n~.~ ~r~ ~ Su~ 4,1 ~ Cbuse 4~ (iii~ ~ (2) ~ ~b ~ ~ ~sims of ~is ~h ~ vo;d or ~ht~ by law. me 12. X~e ~ ~ Su~, me ~ ~ ~0 c~u~ dsli~ to ~ ~s ~h~ ~ ~ ~ psie. Actual ~pt ot ~ by S~ty. ~e ~ ~ tho C~F, IlamtW ~ ~ ~ ~ I a law 14. U~ ~m~ ~ ~y ~ ~ ~ ~ M ~ i ~dal IS.I ~ai~ An indi~u~ ~ m~ Wing ~ct ~ m~t offs ~d~l~mtn~o~o~t ~ ~i ~ ~qul~ 15.2 ~s~b~ ~c ~ ~ ~k~ ~ ~ ~th ~ o~ ~ ~f. (FOR INFORMATION ONLY-Name, Addte.~ and Telephone) AGENT or BROKER: Stephen E Ricci Ricci Associates, Inc., 955 Executive Parkway, Suite 100 Creve Coeur, MO 63141 (314.). 439-1444 OWNERS RSPRBSBNTATIVB (Architect, Engineer or other party): 27 State of Missouri } County of St. Louis} SS: On , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kathleen A. Petehulat known to me to be Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he/she duly acknoWledged to me that such corporation execu, 96d~e~a~.e. seal, the day and year state¢inr:~- ~l~t~~ /' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly orgamzed under the laws of the State of Connecticut, and having their principal offices in thc City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Stephen E. Ricci, Kathleen M. Hoffard, Kathleen A. Petchulat, Thomas C. Ricci, Jr., of St. Louis, Missouri, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind thc Companies, thereby as fully and to thc same extent as ff the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or primed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon thc Company in the future with respect to any bond or undertaking to which it is attached. (I 1-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 20th day of November, 2002. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD eec TRAVELERS CASUALTY AND SURETY COMPANY OF AME~CA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 20th day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above insmunent; that he/she knows the seals of said corporations; that the seals affixed to the said instnunent are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS C~SUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FA ~LMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the forego,,~g and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, ~hat the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City, - Hartford, State of Connecticut. Dated this day of ,20 'eec By Kori M. Johanson Assistant Secretary, Bond Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible, Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. State of Missouri } County of St. Louis} On , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kathleen A. Petehulat known to me to be Attorney-in-Fact of St. Paul Fire and Marine Insurance Company the corporationdescribed in and that executed the within and foregoing instmmem, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he/she duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREF, I have hereunto set my and affixed my official seal, the day and year stated in this certificate abov~D Notary Public - Notary Seal STAII~ OF MISSOURi {1ST. t.cxJls COU~ L~ COMMLSSK}N ~xP. s~d,r ~oo6 'meSl'Rlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 23379 Power ofnttorney No. Certificate No. 1503107 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company arc corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Stephen E. Rieci, Thomas C. Ricci, Jr., Kathleen A. Petehulat and Kathlcen M. Hoffard Creve Coeur Missouri of the City of State their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, 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. 27n September 2002 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of. Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company ~ State of Maryland --~ City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 27n day of September __2002 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires thc 1st day of July, 2006. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. StPaul Surety St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Seaboard Surety Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company FideUty and Guaranty Insurance Underwriters, lnc St. Paul Medical Liability Insurance Company. RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on our liability to pay for such losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable pedod for ~11 insured and aJ! insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is $o.oo. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED AND SEALED this SURETY: day of [SEAL] Signature: J~(9;J.j~::;z~, ~ ~-,~:~;L~.o~ Attorney-in-Fact DATE (MMIDD/YY) ACORD,,. CERTIFICATE OF LIABILITY INSURANCE 07/01/2003 04/07/2003 PRODUCER Lockton Companies Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314) 432-0500 INSURED 1041951 Insituform Technologies USA Inc. 17988 Edison Avenue Chesterfield MO 63005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Liberty Mutual Fire Insurance INSURER B: Liberty. Insurance Corp.. INSURER C ' INSURER INRIIRER COVERAGES 13 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION i I 1~' TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYt DATE IMM/DD/YYk uMrr$ GENERAL LIABILITY EACH OCCURRENCE ~ 1,000,000 A X COMMERCIAL GENERAL LIABILITY RG2-641-004218-032 07/01/2002 07/01/2003 FIRE DAMAGE (A!3y one fire) ~, 100,000 I CLAIMSMADE ~--~ OCCUR MED EXP (Any one person) $ 10,000 X INDPNT CONTRACTOR BROAD FORM PD/CONTR~CTU ~ PERSONAL & ADV INJURY ~ 1,000,000 X xcu BLANKET WAIVER OF SUBRO. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,o00 I POLICY ~'~ PRO' [-~LOC.I F ~,,T AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO AS2-641-004218-022 07/01/2002 07/01/2003 (ER accident) $ 1,000,000 ALL OWNED AUTOS BLKT ADDITIONAL INSURED BODILY INJURY $ XXXXXXX SCHEDULED AUTOS BLKT WAIVER OF SUBRO (Per person) X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA.~CCIDENT ~; XXXXXXX ANYAUTO NOT APPLICABLE OTHER ~ EAACC $ XXXXXXX AUTO ONLY: AGG ~ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ XXXXXXX [ OCCUR I-~ CLAIMS MADE NOT APPLICABLE AGGREGATE * XXXXXXX [-'-] u~u.~ $ XXXXXXX .[DEDUCTIBLE FORM $ XXXXXXX I XXXXXXX A WORKERS COMPENSATION AND WA2-64D-009004-442 07/01/2002 07/01/2003 X WCTnn¥STATU-, ,Mn';: I I~OnTH'I B EMPLOYERS' LIAeltrrv WC7-641-004218-012 (WI) 07/01/2002 07/01/2003 E.L EACH ACCIDENT $ 1,000,000 E.L DISEASE- ~ EMPL0VEE ~ 1,000.000 E.L DISEASE - POLICY LIMIT $ 1~000,000 OTHER DESCRIPTION OF OPERATIONS/I..OCATIONSNEHICLES/EXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: 2003 Improvement Projects; Project No. 0208 Sanitary Sewer Lining. Thc City of Columbia Heights is included as Additional Insured under General Liability and Automobile Liability as respects thc operations of thc Insured. (;:ERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: 1738867 CITY OF COLUMBIA HEIGHTS 637 38th AVENUE NE COLUMBIA HEIGHTS MN 55421 ;ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXRIRATION DATE THEREOF, THE ISSUING INSURER WILL =-N~E.~.';OP. TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,-~T F.~2LM~- AUTHOR;ED REPRESENTATIVE e ACORD CO 1988 ACORD 25-S (7197) CHANGE ORDER NO. 1 Project: 2003 Sanitary Sewer Lining Program City Project: 0208 Contractor: City of Columbia Heights 637 38* Avenue N.E. Columbia Heights, MN 55421 Insituform Technologies 17988 Edison Avenue Chesterfield, MO 63005 Date of Issuance: Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: Add: Lining of 610 L.F. of 8 inch VCP on Van Buren Street, from 42na to 43ra Avenues Purpose of Change Order: The contract has been modified to include the following: Additional lining of Sanitary Sewer. CHANGE IN CONTRACT PRICE Original Contract Price: $ 44,546.40 Previous Change Orders No. None to No. Contract Price Prior to this Change Order: $ 44,546.40 Net Increase of this Change Order: $16,409.00 Contract Price with all iep~iu,~,',.~L~'~o:i~g,~',5~iOci'~'.~ $ 60,955.40 CHANGE IN CONTRACT TIME Original Contract Time: August 15th, 2003 Net Change from Previous Change Order: None Contract Time Prior to this Change Order: August 15°', 2003 Net Increase (Decrease) of Change Order: 15 Working Days September 5th, 2003 Approved By: (Contractor)  ,~Approved By: . __ 0 J~l~e~ne Wycko fi, ~l~y~J(~) Date of Council Action: _August 1 lt~, 2003