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HomeMy WebLinkAboutContract 2011 2403 EJCDC STANDA' 1 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA (OWNER) and Insituform Technologies USA, Inc. (CONTRACTOR). OWNER and CONTRACTOR, hereby 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 985 L.F. of 10" VCP on 4 Street, 40 Ave (CSAH 2) to 1 MH south of 42" Ave Line 815 L.F. of 8" VCP on 4 Street, 1 MH south to 2" MH north of 42" Ave Line 1,315 L.F. of 10" VCP on 5 Street, 40 Ave (CSAH 2) to 42" Ave Line 330 L.F. of 8" VCP on 5 Street, 42" Ave to 1 MH north of 42" Ave Line 1,644 L.F. of 8" VCP on 6 Street, 40 Ave (CSAH 2) to 1 MH north of 42 Ave Line 520 L.F. of 8" VCP on Washington Street, 1 MH south to l MH north of 42" Ave Line 333 L.F. of 10" VCP on 42' Avenue, 5 St to 6 St Line 665 L.F. of 8" VCP on 42" Avenue, 6 St to Washington St Alternate 1: Line 775 L.F. of 8" VCP on 40 Avenue (CSAH 2), 2 St to University Ave Alternate 2: Install 25 main to service lateral connection liners as directed by Public Works Director. 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: 2011 SANITARY SEWER LINING: CITY PROJECT NO. 1104 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT (ENGINEER), 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 16 Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time 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 Sanitary Sewer Lining and if awarded, the Service Lateral Connection Liner Installation work will be substantially completed on or before November 15, 2011. The . project shall be ready for final payment in accordance with Paragraph 14.07 of the General Conditions 30 calendar days after substantial completion. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence as stated in Paragraph 4.01 above 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 above 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 above 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 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 9.07 of the General Conditions. Unit prices have 17 been computed as provided in Paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on 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 as provided 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 including but not limited to liquidated damages, 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 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 additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. 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. 18 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 stipulated in Minnesota Statute 161.322. 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 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding. Documents, 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 perfolined by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 19 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. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 20 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 16 to 23 , inclusive). 2. Performance Bond (pages 1 to 2 , inclusive). 3. Payment Bond (pages 1 to 2 , inclusive). 4. Other Bonds (pages to , inclusive). 5. General Conditions (pages 1 to 49 , inclusive). 6. Supplementary Conditions (pages 00700 -50 to 00700 -58 , inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of a title sheet and 11 record drawing plan sheets with each sheet bearing the City Project Number. 9. Addenda (numbers to , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages 9 to 15 , inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). c. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 21 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable 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 September 14 , 2011 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: In form Technologies USA, Inc. "° is r x ' ✓ / W.: er Fehst, ity r By: Jana Lause r - Contracting & Attesting Officer Gary Pet rson, Mayor Title: [CORPORATE SEAL] [CORPORATE SEAL] i ' 4 ,, � ._ Attests � � Attest: , Title: Title :Diane Partridge, Contracting & Attesting Officer Address for giving notices: Address for giving notices: Insituform Technologies USA, Inc. 17988 Edison Avenue Chesterfield, MO 63005 (If OWNER is a corporation, attach evidence N/A of authority to sign. If OWNER is a public License No. body, attach evidence of authority to sign and (Where applicable) resolution or other documents authorizing execution of OWNER - CONTRACTOR Agent for service of process: rnrpnration System Agreement). 208 South LaSalle St., Ste 814, Chicago, IL 60604 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Jana Lause Title: Title: Contracting & Attesting Officer Address: Address: Edison Avenue Chesterfield, MO 63005 Phone: Phone: 636 -530 -8000 Facsimile: Facsimile: 636-530-8701 23 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other patty shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Insituform Technologies USA, Inc. Travelers Casualty and Surety Company of America 17988 Edison Avenue One Tower Square Chesterfield, MO 63005 Hartford, CT 06183 OWNER (Name and Address): City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 CONTRACT Effective Date ofAgreernezxt: September 14, 2011 AMatint; Two Hundred Ninety Six Thousand Six Hundred Six and 40/100 ($296,606A0) Description (Name and Location): 2011 Improvement Projects /Sanitary Sewer Lining Project City Project No. 1104, Columbia Heights, MN BOND Bond Number: 105677991 Date (Not earlier than Effective Date of Agreement); September 14, 2011 Amount; Two Hundred Ninety Six Thousand Six Hundred Six and 40/100 ($296,606.40) Modifications to this Bond Forte: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Y Insituform Technologies USA, Inc. (Seat) Travelers Casualty and Surety Company of America (Seal) Contractor`s N;w»e and Corp a Seal - Surety's Name and Corporate Seal Si _au % tore Signature (Attach Power of /.may) i Jana Lause - ....Barbr Buchhold Pant Name Print Name Contracting and Attesting Officer Attorney -In -Fact Title Title r Attest ' _ . _ - . 4. � ' est: ; Signature 44 Signature DIsne .. y _ Salena Wood Contracting & Attesting Officer Witness Title Title Note: Provide execution by additional parties, such as joint venturers, itaeeessary, E iCDC 0410 Performance Bond Prepared b7 the F..tiglneare Joint Contrast Mammas Committee, Page loll Contra-tor and Surety, jointly and severally, bind themselves, the r heirs, executors, ad: iaiatraters, successors, and assigns to Owner for the 5. After Owner has tcxminated Contractor's right to complete the performance of the Contract, which is inctapotated herein by Inference. Contract, and if Suety elects to act tinder Paragraph 3.1. 32, or 3.3 1, If Contractor performs the Contract, Surety and Contractor liven() above, then the responsibilities of Surety to Owner shall not be greater obligation under this Bold, except to participate in conferences as than those of Contractor tmda' the Contract, and the responwbilitics of provided in Paragraph 3.1. owner to Surety shall not be greater than those of Owner under the 2. If there is no Owner Default, Surety's obligation under this Bond Contract To the limit of the amount of this Bond, but subject to c shall arise after commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without 2.1 Owner bas notified Contractor and Sturdy, at the addtesses duplication for: described in Paragraph 9 below, that Owner is considering 1 The responsrbriities of Contractor for oosection of declaring a Contractor Default and has requested and defective Work and completion of fhe Contract; attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of 5,2 Additional legal. design professional, and delay costa such notice to discuss methods of performing the Contract resulting from Contractor's Default, and resulting from the If Owner, Contretor, and Surety agree, Contractor shall he actions of or failure to act of Surety under Pmagraph 3; and allowed a reeaonable time to perform the Ctmtract, but 53 liquidated damages, or if no liquidated dansagea are ouch an agreement shall not waive Own it's right, if any, specified in the Contact, acwsl damages caused by subsc quently to declare a Contractor Default; and delayed perfoema -co or non - performance of Contractor. 2.2 Owner has deleted a Contractor Default and formally 6 Surety shall not be liable to Owner or others for obligations of tertmnated Contractor's right to complete the Contact C that are unrelated to the Contract, and the Balance of the Such Contractor Default shall not be declared cattier than Contract Price shall not be reduced or set off tin accent of any inch 20 days after Contractor and Suety have received notice as unrelated obligations. No right of action shall accrue cat this Bood to any provided in Paragraph 2.1; and person, or entity outer than Owner or its Mars, executors, administrators, 2.3 Owner has agretel to pay the Balance of the Contract Price or =comma. to: 7. Surety hereby waives notice of any change, including changes of 1. Surety in accordance with the terms of the Contract; tie, to Contract or to related subcontracts, purchase orders, and other or obligations. 2, Another contractor selected pursuant to Paragraph 8. Any proceeding, legal or cgttitabie, tender this Bond may be 3.3 to perform the Contract instituted in any nowt of competeat jurisdictioa in the location is which 3. When Owner has satis&ed the conditions of Paragraph 2, Surety the Work or part of the work is located, and she]l be instituted well' shall promptly, std et Surety's corpense, take one of the following two rein after Contractor Detfauh within two years afters Contractor ceased working or within two years after Surety refuses or fails ro actions: perform en obligations under this Bond, whichever occurs first. If the 3.1 Arrange for Contractor, with consent of Owner, to perform provisions of this paragraph are void or prohibited by law, the minimum and complete the Contract, or period of limitation available to sureties ma defense in tire jurisdiction 3.2 Undeirtalcc to perform and complete the Contract itself. of the suit shall be applicable. through its agents or through independent contractors; Or 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered 3.3 Obtain bids or negotiated proposals flotn qualified to the address shown on the signature page. contractors acceptable to Owner for a contract for 10. When this Bond has been furnished to comply wf#b a statutory performance and completion of the Cuntraet. arrange for a requirement in the Iocadan where the Contract was to be performed, any contract to be prepared for execution by Owner and provision in thia Bond conflicting with said statutory requirement shall coarraotor selected with Owner's ooncurrouoe, to be be cleaned deleted herefrom and provisions oonfwmiag to such stemtory secured with performance and payment bonds executed by requirement shall be deemed incorporated herein. The intent is that this a qualified surety equivalent to the bonds jeered on the Bond shall be construed as a statutory bond and not as a common law Contract, and pay to Owner the amount of damages as bond. described in Paragraph 5 in excess of the Balance of the 11. Aefistititms. Contract Prize incurred by Owner resulting froth Contractor Dei nit or 11.1 Balance of the Contract Price- The total amount payable 3.4 Waive its right to perform and complete, arrange far by Ownct to Contractor under the Contract after all proper completion, or abtan a new zontractor, and with adjustments have been made, inchidiug allowance to reasonable promptness under fhe cirounmtanees: Contractor of any ron0=123 received or to be received by of Owner in settlement of insurance or other Claims for 1. After investigatinn, determine the amount for which damages to which Contractor is entitled, reduced by all it may be liable to Owner and, as coon as practicable valid and proper payments trade to or on behalf of After the amotmt is derermined, ttmder payment Contractor under the Convaat, therefor to owner, or 11.2 Contract: ibis agreement between Owner and Contractor 2. Deny liability in vJhole or in part and notify Owner Mortified on the sigaanue page, including all Contract citing reasons the efor. Documents and changes thereto. 4. If Surety dots not proceed at povided in Paragraph 3 with 11.3 Contractor Default: Faure of Contractor, which has reasonable promptness, Surety shell be deemed to be in default on this neither been remedied nor waived. to perform or otbcwise Bond 15 days after receipt of an additional written notice from Owner to to comply with the temps of the Contract. Surety demanding that Surety perform its obligations usurer this Bond. 11.4 Owner Default: failure of Owner, which hen neither been and Owna shall be =Woe to enforce airy rtntedy available to Owner- if Owns eel nor waived, to pa Contractor as bee by the payment t tendercG or Surety as provided ire Pern liability, in 3.4, and Owner whol a er in pm, the Comma or to perform and complete or otherwise comply putymSurety ety has denied who w in art. with the other terms thereof. witho further notice Owner shall be entitled to enforce any remedy available to Owner_ FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: J. W. Terrill, Inc., 825 Maryville Centre Drive, Suite 200, Chesterfield, MO 63017 (314) 594 - 2700 Owner's Representative (Engineer or other pay) — BIM C -610 Performance Bond Prepared by the Engineers John Contract Documents Committee. !t'i e 2 of 2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SLTR.ETY (Name, and Address of Principal Place of Insituform Technologies USA, Inc. Business): 17988 Edison Avenue Travelers Casualty and Surety Company of America Chesterfield, MO 63005 One Tower Square OWNER (Nam and Address): Hartford, CT 06183 City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 CONTRACT Effective Date of Agreement; September 14, 2011 Aimount: Two Hundred Ninety Six Thousand Six Hundred Six and 40/100 Dollars ($296,606.40) Description (Name and Location): 2011 Improvement Projects /Sanitary Sewer Lining Project City Project No. 1104, Columbia Heights, MN BOND Bond Number: 105677991 Date (Not earlier than Effective .late of Agreement): September 14, 2011 Amount: Two Hundred Ninety Six Thousand Six Hundred Six and 40/100 Dollarss ($296,606.40) Modifications to this Bond Ponn: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR. AS PRINCIPAL SURETY Insituform Technologies USA, Inc. (Seal) Travelers Casualty and Surety Compa of America (Seal) Contract. 's Nam and • •orate Seal Surety's Name and Corporate Seal • y e f • Siture Signature (Attach Power of Attorney) Jana Lause Barb a Buchhold Print Name Print Name • Contracting and Attesting Officer Attorney -In -Fact Title Title • Attest h Attest 4 11 Signature •' Siglature Diane Partridge Salena Wood Contracting & Auesting Offi Witness _ Title Title Note: Provide execution by additional parties, such as, joint venturers, if necessary. {MW001504,1} EJcDC C- 615(.) Peyment Bond March 2008 Prepeeed by the ) nineets Joint Contract foeuments Committee, page i af2 Contractor and Surety, jointly and severally, bind themselves, their heirs, accepting this Bond, they agree that all funds earned by Contractor in the executors, administrators, successors. and assigns to Owner to pay for perforntanee of the Contract are dedicated to satisfy obligations of labor, armteriale, and equipment famished by Claimants for use in the Contractor and Surety under this Bond,. subject to Owner's priority to petfionnance of the Contract, which is incorporated herein by reference. use the funds for the completion of the Wale. 1. W th reaper t to Owner, this obligation shall be null and void if 8. Surety shall not be liable to Owner, Claimants, or others for Connector obligations of Contractor that are unrelated to the Contract. Owner shall I.] promptly makes payment directly or indirectly, far all amts not be liable for payment of any costs or expenses of any Claimant undo: this Bond, and shall helve artier this Bond no obligations to make due C1airmts, and payments to, give notices to behalf of, or otherwise have obligations to 12 Defends, indemnifies, and holds harmless Owner from all Claimants under tbia Band. claims, demands, liens, or suits alleging non - payment by 9. Surety hereby waives notice of any change, including changes of Contractor by any person or entity who iurnishsi labor, time, to the Contract or to related subcontracts, purr-terse orders, and materials, or equipment for use in the performance of the tither obligations. Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of 10. No suit or etctiop shall be commenced by a Claimant tinder this any claims, demands, liras, or suite and tendered defense of Bond other than in a court of con>petrat jurisdiction in the location in such claims, demands, liens, or suits to Contractor and which the Work ar part of the Work is located or after the expiration of Sumry, and provided there is no Owner Default one year from the date (1) on which the Claimant gave the notice this obligation shall be null and void if required by Paragraph 4.1 ar Paragraph 42.3, or the la on st whi the last 2. With respect to Claimants, or labor m service was performed by anyone or the last materials or Contractor promptly makes payment, directly or indirectly. for all sums e were furnished by anyone tender the Contract, whichever of due. (1) or (2) first occurs. If the provisions of this paragraph are void or 3. Surety shall nave no obligation to Claimants under this Bond until: , prvhnbited by law, the minivaum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 3.1 Claimants who are employed by or have a direct contract 11. Notice to Surety, Owner, or Contractor shall be mailed or delivered with Contractor in P heap given ) no in Spy, dd Surety (nt the address to the addresses shown on the signature a Actual described in Paragraph 12) and sent a copy, or notice thereof, � ture �8 receipt of notice by to Owner, stating that a claim is being made under this Bond Surety, Owner, or Contractor, however acoompliabcd, shall be sufficient and, with substantial accuracy, the amount of the claim. compliance as of the date received at the address shown on the signature page` 12. When this Bond has bear furnished to comply with a statutory 32 Claimants who do not have a direct contract with Contractoz requirement in the location where the Contract was to be performed, any I. Have furnished written notice to Contractor and sent provision in this Bond onnflicti ng with said statutory requirement shall Dr notice thereof, n , t Owner, rector n tans be deemed deleted hercirom and provisions conforming to such statutory a copy, requirement shall be deemed incoepo aced herein. The intent is the; this after having last performed labor or last furnished Bond shall be cons/hued as a statutory Bond and not as a common law materials or equipment includes in the claim stating, bond. with substantial accuracy, the amount of the olaim and the name of the party to whom the mataials or 13. Upon request of any person or entity appearing to be a potential equipment were fumishal or supplied, or for wham beneficiary of this Band, Contractor shall promptly furnish a copy of the labor was done or performed; and this Bond or shall permit a copy to be made, 2. Have either received a rejection in whole or in part 14. Definitions from Contractor, or not received within 30 days of 14.1 Claimant: An individual or entity having a direct contract ftiniahing the above notice any communication L von with Contractor, or with a first -tier aubcontractor of Contractor by which Contractor had indicated the Contractor, to furnish labor, materials, or equipment for use claim will be paid thready or indirectly; and in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, 3. Not having been paid within the above 30 days, have materials or equipment' that part of water, gas, power, light, scat a written notice to Surety (at the address heat, oil, gasoline, telephone service, or metal equipment described in Perra€raph 12) and sort a copy, or notice used in the Contract, ershitectuml and engineering services thereof, to Owna, Stating that a claim is being made required for performance of the Work of Contractor and under this Bond and enclosing a copy of the pcevioua Contractor's subcaniraoors, aid all other items for which a written notice furnished to Contractor. mechanic's lien may be asserted in the jurisdiction where the 4. If a notice by a Claiaatat required by Paragiaph 4 is provided by labor, materials, or equipment were furnished. Owner to Contractor cr to Surety, that is sufficient compliance. 142 Contact: The agnement between Owner and Contractor 5. Reserved ideurti&ed on the signature page, including all Contract Documents and changes thereto. 6, Surety's total obligation shall not exceed the amount of this Bond. 143 Owner Default: Failure of Owner, which has neither been good faith try Surety, the amount Safety. t re this Bond shall be credited for any payments made in remedial nor waived, to pay Contractor as required by the good Contract, or to perform and complete or otherwise comply 7. Anoints awed by Owwer to Contractor under the Corning shall be with the other terms thereof. used for the perfcrmsmce of the Contract and to satisfy claims, if any, under any performance band. By Contractor flnnishing and Owner . FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety .Agency or Broker: J. W. Terrill, Inc., 825 Maryville Centre Drive, Suite 200, Chesterfield, MO 63017 (314) 594 -2700 Owner's Representative (Engineer or other): {MW001504 ;1} EJC! C C- 615(A) Payment Bond March 2008 Prepared by the Engineers Johns Contract Documents Committee. Page l of 2 State of Missouri County of St. Louis On 9/14/2011, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Barbara Buchhold known to me to be Attorney -in -Fact of T' • VELERS CASUALTY AND SURETY COMPANY OF AMERICA a 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 said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. SALENA WOOD Notary Public- Notary Seal STATE OF MISSOURI St. Louis County My Commission Expires: July 17, 2015 '� / ` Commission # 11129105 My Commission Expires: Salena Wood, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223577 Certificate No I a � KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance ' Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Andrew P. Thome, Dana A. Dragoy, Kristan L. Lucas, Peter J. Mohs, Helen A. Antoine, Salena Wood, Debra A. Woodard, and Barbara Buchhold t : of the City of Chesterfield State of Missouri , their true and lawful Attorney(s)- in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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. 1st IN WITNESS WHEREOF, the Comp have caused this i nstrument to be signed a their corporate seals to be hereto affixed this day of y Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company _ s 'CASU.y ' / r F \ et p ''r N . tNSU �' QT s Y q/� G W,�,wpe &a, F1 Y 5 TY ANp ' oncy ♦ J�' ". gNa p t ° yO V'VOg 4j (), 4 A4 ra O G 4 ' QC OPPORAY G l'',* Rq JP 9 Z 4 '(+ 'u (' 9 Pw ugFT �\o S b 0' O CDR try z � t F;m _3 y � �pRPORq rE. F, � INC . wu m 1 S HARTFORD. a VD - ?tEp 0 1982 O '197P 4 m �, : E 2 f 1 w 1 RD t \ \ RTC2 f P, 196 r 1 951 RTFO { , N q .. , �.y�wa✓ axw¢ Aa F A State of Connecticut By: '� City of Hartford ss. G eorg Thompson, `enior ice President 1 st July 2011 On this the day of , , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �e11 In Witness Whereof, I hereunto set my hand and official seal. 'TAR t ti c M Commission expires the 30th day of June, 2016. t y p y �� * M arie C. Tetreault, Notary Public 0 58440 - - 11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AC ® CERTIFICATE I I DATE (MM/DD/YYYY) L 7/1/2012 9/21/2011 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 Lockton Companies,LLC -1 St. Louis NAME CT Three City Place Drive, Suite 900 PHONE FAX St. Louis MO 63141 -7081 E-MAIL Lo, Extl; I (Arc, No): (314) 432 -0500 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Liberty Mutual Fire Insurance Company (64) 23035 INSURED Insituform Technologies USA, Inc. INSURER B : Liberty Insurance Corporation (64) 42404 1041932 17988 Edison Avenue INSURER C : Chesterfield MO 63005 INSURER D : INSURER E INSURER F COVERAGES INSTE02 22356CERTIFICATE NUMBER: 11440360 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM /DD/YYYY) (MMIDD/YYYY) A GENERAL LIABILITY Y N TB2- 641 - 004218 -031 7/1/2011 7/1/2012 EACH OCCURRENCE $ 2.000,000 DAMAGE TO RENTED X COMMERCIAL GENERALLIABILITY PREMISES (Ea occurrence) $ 350,000 A CLAIMS -MADE OCCUR BROAD FORM PD /CONTRACTUAL MED EXP (Any one person) $ 10,000 A X Independt Contractor PER PROJECT AGG. CAP $20M PERSONAL & ADV INJURY $ 2,000,000 X XCU GENERAL AGGREGATE $ 4.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 4.000.000 PRO- $ POLICY X JECT LOC A AUTOMOBILE LIABILITY Y N AS2 64 1 - 00421 8 - 02 1 7/1/2011 7/1/2012 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ XXXXXXX ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ XXXXXXX AUTOS NON-OWNED PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS AUTOS (Per accident) $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS -MADE AGGREGATE $ XXXXXXX DED RETENTION $ $ XXXXXXX WORKERS COMPENSATION WC STATU 10TH B AND EMPLOYERS' LIABILITY N WA7- 64D- 009004 -441 7/1/2011 7/1/2012 X (TORY LIMIT 1 ER B AN PROPRIETOR/PARTNER/EXECUTIVE Y/ N/A WC7 641 - 004218 - 011 (WI & OR) 7/1/2011 7/1/2012 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 2011 SEWER LINING, CITY PROJECT NO. 1104. CITY OF COLUMBIA HEIGHTS IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11440360 AUTHORIZED REPRESENTATIVE CITY OF COLUMBIA HEIGHTS ATTN: DEPARTMENT OF PUBLIC WORKS 637 38TH AVENUE N.E. COLUMBIA HEIGHTS MN 55421 -3806 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ©1 • . :. 0 ' • CORD C • - PO - ' -TION. All rights reserved