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Contract 2230
EJCDC STANDARD FORM OF AGREEMENT 2230 BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STH'ULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA, (hereinafter called OWNER) and Visu-Sewer, Inc. (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: CITY OF COLUMBIA HEIGHTS SANITARY SEWER Line 248 L.F. of 10" VCP on 49th Avenue (CSAH 4), 1 y` MN East of Tyler Street to 2°d MH East of Tyler Street Line 305 L.F. of 8" VCP on 52"d Avenue, University Avenue Service Drive to 4`h Street Line 322 L.F. of 8" VCP on 4t3i Street, 52"`~ Avenue to 1 S` il~11`? ?~lorth of 52°`~ Avenue Line 400 L.F. of 8" VCP on Jefferson. Street, 49`n Avenue (CSAH 4) to ls` MH South of 49th Avenue (CSAH 4) Line 1,283 L.F. of 8" VCP on Easement: Jackson Street to Central Avenue (TH 65), 49`" Avenue (CSAH 4) to 51~` Avenue Line 33 L.F. of 10" VCP on 43ri3 Avenue at Central Avenue (''I1 65) Line 330 L.F. of 8" VCI' on Northbound Central Avenue (TH 65), 43x`3 Avenue to 1 s` MH North of 43"~ Avenue Line 337 L.F. of 8" VCP on 44t3i Avenue (CSAH 2), Tyler Street to Arthur Street Line 1,029 L.F. of 8" VCP on hart Boulevard, 37`n Avenue to 39t3i Avenue 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: 2009 SANITARY SEWER LINING: CITY PROJECT NO. 0904 ARTICLE 3 -ENGINEER 17 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 with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Tinze of the 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 of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before Decmeber 31, 2009, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions. 4.03 Liquidated Damages A. 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 t`or 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.G2 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 18 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 or about the fifteenth day of each month during performance of the Work as provided in 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 (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: 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. 95% of Work completed (with the balance being retainage). If the Work has been SO% 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. 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. ARTICLE 7 -INTEREST 19 7.O1 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: 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 as 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 of the Work. 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 4A2 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 carefiiily studied (or assumes responsibility fur 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. F. 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. 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. 1. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract 20 Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. 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 17 to 23 ,inclusive); 2. Performance Bond (pages 00610-1 to 00610-2, inclusive); 3. Payment Bond (pages 00615-1 to 00615-2, inclusive); 4. Other Bonds (pages to ,inclusive); 5. General Conditions (pages 00700-1 to 00700-41, inclusive); 6. Supplementary Conditions (pages 00700-42 to 00700-50, inclusive); 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings consisting of title sheet and 7 record drawing plan sheets. 9. Addenda (numbers to ,inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages to ,inclusive); b. CONTRACTOR'S Bid (pages 10 to 16, inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to ,inclusive); d. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.O1.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 3.05 of the General Conditions. ARTICLE 10 -MISCELLANEOUS 21 10.01 Tertyzs A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignrraent of Conh~act 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 CON7"RACTOR, who agree that the Contract Documents shall be 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. i 0.05 Other t'~rovisions j 1 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 September 14, 2009 (which is the Effective Date of the Agreement). OWNER: y [CORPORATE SEAL HERE] Attest Addr ss for giving notices: (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 ofOWNER-CONTRACTOR Agreement). Designated Representative: Name: Kevin Hansen Title: Director of Public Works Address: 637 38`" Avenue NE. Columbia Heights, MN 55421 Phone: 763-706-3700 Facsimile: 763-706-3701 CONTRACTOR: By: ~~~ ...~ --- [CORPORATE SEAL HEr.E] ~s Attest ~' Add~"ss` or gwmg notices: License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: SN~u~t 'R~Z-~~.t~ Title: ~. -t-t , a~ °c ~ ~„ 23 PERFORMANCE BOl`rTD Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): SLIRE'I'Y (Name and Address of Principal Place of Business}: Visu-Sewer, Inc. Merchants Bonding Company W230 N4855 Betker Drive 2100 Fleur Drive Pewaukee, WI 53072 Des Moines, IA 50321 OWNER (IVarne and Address): City of Columbia Heights 590 -- 40`" Avenue N.G. Columbia I Icights, MN 55421 CONTRACT" Date: 9-14-09 Amount: $113,200.00 Description (Name and Location): 2009 Sanitary Sewer Lining, City Project No. 0904 BOND MNC53704 Bond Number: Date (Not earlier than Contract Date): 9-14-09 Amount: $113,200.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Perfarmanee Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company:Visu- wer, Inc, Signature: ~ ~, (Seal) Name and Title: T -~ l., W t 1 ~DE($ p (Zesit~ ~.~~ (Space is provided below for signatures of additional parties, if required.) SURETY Merchants Bonding Company_ (Seal) Surety's Name and Corporate Seal Signature and Title Debbra A. Hinkes, Attorney-in-Fact (Attach P,/a~v/}er of Attorney/) Attest: f l~/~ ~>< r~L f~ ~ t'-- _--------- Signature and Title CON"fKAC"fOR AS PRINCIPAL. Company: Signanxe: _ Name and'1'itle: SURE"1'Y (Seal) Surety's Name & Corporate Seal By: _ _ Signature and Title (Attach Power of Attorney} Attest: ~, r.. Signature and Title: F.JCDC lsfo. C-610 (2002 Edition} Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Coniractors ofAmerica, and the American Institute oCArchitects. 00610-1 1. "1'he Contractor tmd the Surety, jointly and severely, bind themselves, their hens, executors, administrators, successors and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. ]f Contractor performs the Contract, Surely and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1 Owner has notified Contractor and Surety, at the addresses described irr Paragraph 10 below, that Owner is considering dechuing a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3:1; and 3.3 Owner has agreed to pay the Balance of the Contract Price to: I. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; ar 4.2 Undertake to perform rmd complete the Contract itself, through its aeents or through independent contractors; or 4,3 Obtain bids or negotiated proposals from yualified contractors acceptable to Owner for a contract fur pcufomrance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with 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 Owner the amount of damages as described m Paragraph b i.. excess of the Balance of the Contract Price incurred by Owner resulting from 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: 1, After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefore to Owner, or 2. Deny liability in whole or in part and notify Owner citing retusons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days a8cr receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under ibis Bond, and Owner shalt be entitled to enforce aury remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to en('orac any remedy available to Owner.. 12.3 Contractor Dcfautt: Faihure of the Contractor, which has neither been remedied nor waived, to perform or othcnvise to comply with the terms of the Contract. 12,0. Owner Dcfautt: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY -Name, Address, and "Telephone Surety Agency or Broker Owner's Representative (engineer, or other party} 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4, 1, 0.,2, or 4,3 above, then the responsibilities of Surety to Owner shall not be greater than [hose of Contractor under the Contract, and the responsibilities of Owner to Surety shalt not be greater than those of Owner under the Contract. "fo a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages nn the Contract, Surety is obligated without duplication for 6.1 The responsibilities of Contractor for correction o{' defective Work and completion of the Contract; 6.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Pazagraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, achtal damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the 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 Owner or its heirs, executors, administrators, orsncccssors. 8. Surety hereby waives notice of any change, including changes of time, to 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 hvo years after Contractor Default or within two years otter Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs 5rst. If the provisions of this paragraph are void or prohibited ty law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner or Contractor shall he mailed or delivered to the address shown on the sigmtmre page. 11. When this Bond has been tumished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted beret}om and provisions conforming to such statutory requirement shall be deemed incorporated herein. 'fhe intent is that this Bond shall he construed as a statutory band and oat as common law band. 12. Definitions: 12, t Balance of the Contract Price: 'fhe total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. I2.2 Contract: "i'he agreement between Owner and Contractor identified nn the signature page, including all Contract Documents and changes thereto. 00610-2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Visu-Sewer, lnc. W230 N4855 Betker Drive Pewaukec, WI 53072 OWNF,R (Name and Address): City of Columbia Heights 590 - 40`h Avenue N.E. Columbia Heights,IvIN 5542] CONTRACT Date: 9-14-09 Amount: $113,200.00 Description (Name and Location): None BOND MNC53704 Bond Number: Date (Not earlier than Contract Date): 9-14-09 Amount:$113,200.00 Modifications to this Bond 1:orm;None SURETY (Name and Address of Principal Place of Business): Merchants Bonding Company 2100 Fleur Drive Des Moines, IA 50321 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 an its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Vis Sewer, In~ . Signature;...... - ~~~ ~ '% `~~ ..(Seal) Name and Title: KE1TN M • ~-E-7'•~'t--J®ER (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: al) SURETY Merchants Bonding Company (Seal) Surety'stNameand~ C,orpo~rate Seal: Signature and Title Debora A. Ninkes, Attorney-iri-Fact (Attach Po/w~er of Attorney) Attest: I '~~`V.l ~~ ~:_ _ ` "'' .~. Signature and'Title SURE"I'Y (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: _ Signature and Title EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract llvcuments Committee, the Associated General Contractors ot'America, and the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615-i 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for labor, materials and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall he null acrd void if Contractor; 2.] Promptly makes payment, directly ur indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless Owner from all claims, demands, liens or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in tho performance of the Contract, provided Owner has promptly notified Contractor and Surety {at the addresses described in Paragraph 12} of any claims, demands, liens or suits and tendered defense of such claims, demands, bens, or suits to Contractor and Surety, and provided there is no Owner Default 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until 4.1 Claimants who arc employed by or have a direct contract with Contractor have given notice to Surety (ai the addresses described in Paragraph 12) curd sent a copy, or notice thereof, to 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 Contractor: 1. have 1'umished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last Garnished 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 or equipment were furnished or supplied, or for whom the labor was done or ferformed; and 2. }lave either received a rejection in whole or in part from Contractor, or not received within 30 days of famishing the above notice any communication from Contractor by which 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 Surety and sent a copy, or notice thereof, u7 Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice titmished to Contractor.. 5, if a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that arc disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shalt not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in 11re performance of the Contract arc dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work, 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. 'flre Owner shall not be (table for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations In make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond., 10. Surety hereby waives notice of any change, including changes of time to the 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 jurisdiction in the location in which the Wark or part of the Work is located or after the expiration of one year from the date (1) on which t)tc Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.23, nr (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Constmction Contract, whichever of (1) or (2) first occurs, ff 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 Surety, Owner or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient cornnlianec 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 requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or Icgal requirement shalt be deemed deleted herefrom and provisions conforming to such statutory requiremcnY steal! 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 requests of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFTN[TIONS: 1 S.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish tabor, materials, ur equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terns "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 engmecring services required for performance of the Work of Contractor and Contractor's 5ubconiractors, and all other items for which a mechanic's lien may be asscr[ed in the jurisdiction where the labor, materials or equipment were famished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY -Name, Address, and `Cclephone Surety Agency or Broker: Owner's Representative (engineer or other party): OOGIS-2 MERCE~,ANTS BONDLNG COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Debbra A. Hinkes, Charles L. Schiltz, Pamela M. Hineman, Robert M. Tortelli of New Berlin and State of Wisconsin its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE I1, SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary 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. ARTICLE II, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, 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 Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL} has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this26th day of August 2009. •,~D~r1G COMA •~ MERCHANTS BONGING COMPANY (MUTUAL) ;~O.oRPO,q''.9 s • %G ~l~',~„t, i ~-~-: _ -O- O~ ~ •z~! :3' 6' 1933 . y : c. By J. •C1r. .••d~~.. ~ . • •~®~•: STATE OF IOWA •..... • • President COUNTY OF POLK ss. On this 26th day of August , 2009 ,before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. t CINDY SMYTH / O.f/~f~J ~ C2~rr~rissirn NuM~e-1735(k> `~/ ~' 1/ own M/~ res VV March 16, 201 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. r, ~ ''}} tt~~, ~ In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this ~ ~~ ay of ~~ „74G' ~...... .• G •. . p~N , QOM •. ~o~oRP09 .'0q• : V q„'y-c ~ • ~ z ~ u~ ~,.%4~ •- - -~- of ~ z ~ : 3; - Secretary a ~ 1933 : c. :s• .c:• .vd. .~ • . POA 0001 (1/09) •.:'!y"~'' ~1•• •....• ACORD,M CERTIFICATE OF LIABILITY INSURANCE 9 ' PRODUCER (262) 574-7000 FAX: (262) 574-7080 R & R Insurance Services, Inc. 1581 E Racine Ave 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. PO Box 1610 Waukesha WI 53186 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA.NatlOrial Fire Insurance 20893C INSURERB Continental Casualty 20443 Visu-Sewer Inc. INSURERC Valley Forge Ins Co 20508 W230 N4855 Betker Dr INSURERD National Surety Corp Pewaukee WI 53072 INSURER E Transportation Ins Co 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 ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MMIDDlYY LIMITS GENERAL LIABILITY EACH OCCURRENCE _$ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 300 , 000 $ _ _ __ A CLAIMS MADE ~ OCCUR 2055717470 4/1/2009 4/1/2010 MEDEXP An one erson $ 5,000 X $3000 PD Ded PERSONAL&ADVINJURY $ 1,000,000 X Blkt Add'1 Insd GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , 000 , 000 POLICY X JERCOT X LOC Empl Benefits Liab 1,000,000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea ide t $ 1, 000, 000 X ANY AUTO acc n ) A ALL OWNED AUTOS 2055717498 4/1/2009 4/1/2010 gODILYINJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ X 1000/2000 Comp Ded PROPERTY DAMAGE X 1000/2000 Coll Ded (Per accidenq $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ __ AUTO ONLY AGG $ F2 i EXCELS/UMBt?ELLA LAg!LETY 20557 i 7503 4/1/2005 4/i/2010 EA^H 0^CURRENCE $ 10 r 000, 000 X OCCUR ~ CLAIMS MADE (Lead Umbrella) AGGREGATE $ 10 , 000 , 000 D DEDUCTIBLE SHX 82323619 4/1/2009 4/1/2010 Each Occurrence $ 10,000,000 X RETENTION $10,000 (Excess Umbrella) Aggregate $ 10,000,000 C WORKERS COMPENSATION AND 2055717484 4/1/2009 4/1/2010 X WCSTATU- OTH- TORY LIMITS ER _ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 100 , 000 OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 100 , 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500 , 000 A OTHER Installation & 2055717470 ($1,000 Ded) 4/1/2009 4/1/2010 . Any One Loc(lnstall) $500,000 Equipment Floater Leased/Rented Equip $300,000 ~+ Builders Risk 2084964328 ($2,500 Ded) 4/1/2009 4/1/2010 Any one Project/Loc $550,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: 2009 Sanitry Sewer Lining, City project 0904 City of Columbia Heights is Additional Insured as required by written contract respect to work performed by Named Insured per blanket GL form G140331A. 10-Day Notice of Cancellation Applies for Non-Payment of Premium. CERTIFICATE HOLDER CANCELLATION City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421-3806 SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _ -_-~ 7 - _ _ ~ ~ -. T SCYiP1G'er /TWH31.5 __,.-'.' .-r _ __ ~_~_ 'z't-~~ li i ACORD 25 (2001/08) INS025 roloal oBa U ACORD CORPORATION 1988 Page t of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (oto8) o8a Page 2 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE M 9/23/2009 PRODUCER (262) 574-7000 FAX: (262) 574-7080 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION R & R Insurance Services Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE , . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1581 E Racine Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 1610 Waukesha WI 53186 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA.NatlOnal Fire Insurance 20893C ~ INSURERS Continental Casualty 20443 Visu-Sewer Inc. INSURERC Valley Forge Ins Co 20508 W230 N4855 Becker Dr wsuRER D National Surety Corp Pewaukee WI 53072 INSURER E: Transportation Ins Co COVERAGE 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 LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 000 , 000 $ r X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 300 000 $ r A CLAIMS MADE OCCUR 2055717470 4/1/2009 4/1/2010 MEDEXP An one erson __ $ 5x000 X $3000 PD Ded PERSONAL&ADVINJURY $ 1,000,000 X Blkt Add' 1 Insd GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 ~ 000 , 000 POLICY X JECT X LOC Empl Benefits Liab 1,000,000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMI! E id $ 1 , 000 , 000 X ANY AUTO a acc ent) ( A ALL OWNED AUTOS 2055717498 4/1/2009 4~1~2010 g001LYINJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X n, in~n~ IGn Ai Inc N.. ti .. m ~ ~ , ,.., (Per accident) $ X 1000/2000 Comp Ded PROPERTY DAMAGE X 1000/2000 Coll Ded (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ _ AUTO ONLY AGG $ B EXCESS/UMBRELLA LIABILITY 2055717503 4/1/2009 4/1/2010 EACH OC URRENCE $ 10, 000, 000 X OCCUR ~ CLAIMS MADE (Lead Umbrella) AGGREGATE $ 10, 000, 000 D DEDUCTIBLE SHX 82323619 4/1/2009 4/1/2010 Each Occurrence $ 10,000,000 X RETENTION $10,000 (Excess Umbrella) Aggregate $ 10,000,000 C WORKERS COMPENSATION AND ' 2055717484 4/12009 41/2010 }{ WC STATU- OTH- TORY LIMITS ER EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 100 , 000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100 , 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500 , 000 A OTHER Installation & 2055717470 ($1,000 Ded) 4/1/2009 4/1/2010 Any One Loc(Install) $500,000 Equipment Floater Leased/Rented Equip $300,000 E Builders Risk 2084964328 ($2,500 Ded) 4/1/2009 4/1/2010 Any one Project/Loc $550 000 ' DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: 2009 Sanitry Sewer Lining, City project 0904 City of Columbia Heights is Additional Insured as required by written contract respect to work performed by Named Insured per blanket GL form G140331A. 10-Day Notice of Cancellation Applies for Non-Payment of Premium- I.CK 1 IYII.N 1 C t1VLUCK L.HNI.CLLH I IVN City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421-3806 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ___~ C Scheider. /TWB315 ~' ~-_- , . ~''"-~ `"' ACORD 25 (2001/08) INS025 rotoet oaa ©ACORD CORPORATION 1988 Page 1 of 2 k ^ ~' < w'~j~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements}. 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS025 (oto8).o8a Page 2 of 2