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HomeMy WebLinkAboutContract No. 2015-26742015 -2674 CONSTRUCTION CONTRACT CHATHAM ROAD LIFT STATION City of Columbia Heights MSA PN 010059001 • • • SERVICES TRANSPORTATION - MUNICIPAL DEVELOPMENT - ENVIRONMENTAL OWNER COPY DO NOT DESTROY CONSTRUCTION CONTRACT CHATHAM ROAD LIFT STATION City of Columbia Heights MSA PN 010059001 113 • • SERVICES TRANSPORTATION - MUNICIPAL DEVELOPMENT • ENVIRONMENTAL CONTRACTOR COPY DO NOT DESTROY AGREEMENT THIS AGREEMENT is by and between CITY OF COLUMBIA HEIGHTS (hereinafter called OWNER) and MEYER CONTRACTING INC. (hereinafter called 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: Chatham Road Lift Station, City of Columbia Heights, Anoka County, Minnesota. 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: Chatham Road Lift Station, City of Columbia Heights, Anoka County, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by MSA Professional Services, Inc., 60 Plato Blvd East, Suite 140, St. Paul, Minnesota 55107 -1835 which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of 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 May 16, 2016 and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before May 30, 2016. 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 Project #10059001 00 52 00 -1 0, 2015 MSA Professional Services. lnc. 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 $1000 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 $1000 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 Paragraph 5.0I I.A. and 5.0 LB below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. 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. B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment on or about the 15th day of each month in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. _4 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 4th Monday of each month during performance of the Work as provided in Paragraphs 6.02.A.1 Project #10059001 00 52 00 -2 C 2015 VISA Professional Services, Inc. 1 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 Division 01- 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, then as long as the character and progress of the Work remain satisfactory to OWNER and ENGINEER, there will be no additional retainage; and - : b. Estimates may include any fabricated or manufactured materials and components specified, previously paid for by the CONTRACTOR = - and delivered to the work or properly stored and suitable for = incorporation in the work embraced in the contract. Invoices showing the amount of the fabricated or manufactured materials and components specified must be submitted with proof of payment by - = the CONTRACTOR prior to being considered for payment. Retainage shall be as outlined in paragraph 6.02.A. La. above. B. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.13.5 of the General Conditions and less 100% 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 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. Project #10059001 00 52 00 -3 C 2015 MSA Professional Services, Inc. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied 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 relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC -4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC -4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) 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 Contract Documents; an I (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, -' Contractor does not consider that 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. Project #10059001 00 52 00 -4 0 2015 MSA Professional Services. Inc. 1 2 H. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, 3 ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract 4 Documents, and the written resolution thereof by ENGINEER is acceptable to 5 CONTRACTOR. 6 7 I. The Contract Documents are generally sufficient to indicate and convey S understanding of all terms and conditions for performance and furnishing of the 9 Work. 1 1 ARTICLE 9 - CONTRACT DOCUMENTS 2 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00 52 00 -1 to 00 52 00 -8, inclusive). 2. Performance Bond (pages 00 61 13.13 -1 to 00 61 13.13 -3, inclusive). 3. Payment Bond (pages 00 61 13.16 -1 to 00 61 13.16 -3, inclusive). 4. General Conditions (pages 00 72 00 -1 to 00 72 00 -68, inclusive). 5. Supplementary Conditions (pages 00 73 00 -1 to 00 73 00 -10, inclusive). 6. Specifications as listed in the table of contents of the Project Manual bearing the title: Chatham Road Lift Station, City of Columbia Heights, Anoka County, Minnesota. 7. Drawings consisting of 33 sheets with each sheet bearing the following title: Chatham Road Lift Station, City of Columbia Heights, Anoka County, Minnesota. a Project #10059001 Addenda (N /A). Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR'S Bid (pages 00 4100 -1 to 00 4100 -10, inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages _1 to _1 , inclusive). C. List other required attachments (if any), such as documents required by funding or lending agencies. 00 52 00 -5 U 2015 MSA Professional Services, Inc. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (i) Responsible Contractor Requirement, Chapter 253 [16C.285] Form 10. 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 00 55 00 -1, inclusive). b. Written Amendment(s); C. Work Change Directive(s); d. Change Order(s). e. Field Order(s). B. The documents listed in Paragraphs 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings 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 Project 410059001 C 2015 MSA Professional Services, Inc. 00 5200-6 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 agrees 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 Contractor's Certifications A. CONTRACTOR certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of OWNER, (b) to establish Bid or Contract prices at artificial non- competitive levels, or (c) to deprive OWNER of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more BIDDERS, with or without the knowledge of OWNER, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Project #10059001 00 52 00 -7 2015 N(SA Professional Services. Inc. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. Counterparts have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or have been identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on September 24, 2015 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CITY OF COLUMBIA TS MEYER CONTRACTING, INC. y: By: tg Pe er n, Mayor Verlyn Schoep, resident /COO By: (Corporate Seal) Walter Fehst, City Manager '� '�j Attest V 4 W It L _ (Corporate Seal) &W4 = l/J e r\d,,r • 33'cn- n dad m� n _ Attest Address for giving notices: Title: 11000 93`d Avenue North - . Maple Grove, MN 55.369 Address for giving notices: License No. IJ 4 637 38th Avenue Northeast (where applicable) _ .. Columbia Heights, MN 55421 Agent for service of process: (If OWNER is a corporation, attach evidence P of authority to sign. If OWNER is a public Rpm & 4ip— ro y(t manastr body, attach evidence of authority to sign and = (If Contractor is a corporation, a partnership, resolution or other documents authorizing or a joint venture, attach evidence of execution of this Agreement.) authority to sign.) Project #10059001 00 52 00 -8 V 2015 MSA Professional Services, Inc. PERFORMANCE BOND CONTRACTOR (vame and .Iddress): Meyer Contracting Inc. 11000 93rd Avenue North Maple Grove, MN 55369 O WNER (tame and .lddress): City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount:$ 456,238.00 Description (flame and Location): SURETY (.tame and Address of Principal Place ol'Business): Chatham Road Lift Station City of Columbia Heights, MN BOND Bond Number: Date (not earlier than the Effective Date of the Agreement ol'the Construction Contract): .Amount:$ 456,238.00 Modifications to this Bond Form: F7 None See Paragraph 16 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 (seal) Contractor's Name and Corporate Seal Signature Print Name Title Attest: Signature Title SURETY (sea Surety's Name and Corporate Seal By: Signature (attach power of attorney) Print Name Title Attest: Signature Title .Votes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EA, DC C -6 i 0 Performance Bond 00 61 13.13 -1 Published December 2010 by the Engineers .Joint Contract Documents Committee. P 11611001 1'.i1N'1111111i01( In .., I.,...... -. - I The Contractor and Surety, jointly and severally, bind themselves. their heirs. executors. administrators. successors. and assigns to the Owner For the performance of the Construction Contract, which is incorporated herein by reference. 2. 1 f the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided In Paragraph 3. 3. IF there is no Owner Default under the Construction Contract. the Surety's obligation under this Bond shall arise after: 3.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner. Contractor. and Surety to discuss the Contractor's performance. If the Owner does not request a conference. the Surety may. within five (5) business days after receipt of the Owners notice. request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten ( 10) business days of the Surety's receipt of the Owners notice. If the Owner. the Contractor. and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right. if any, subsequently to declare a Contractor Default: 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety: and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a Failure to comply with a condition precedent to the Surety's obligations. or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the Following actions: 5.1 Arrange For the Contractor. with the consent of the Owner, to perform and complete the Construction Contract. 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors: 5.3 Obtain bids or negotiated proposals From qualified contractors acceptable to the Owner For a contract For performance and completion of the Construction Contract, arrange For a contract to be prepared For execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default. or 5.4 Waive its right to perform and complete, arrange for completion, or obtain Va new contractor, and with reasonable promptness under the circumstances: 54.1 After investigation, determine the amount for which it may be liable to the Owner and, as Soon as practicable after the amount is determined, make payment to the Owner: or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided In Paragraph 5 with reasonable promptness. the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety elects to act under Paragraph 5 I. 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those or the Owner under the Construction Contract_ Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication tor: TI the responsibilities of the Contractor For correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or Failure to act of the Surety under Paragraph 5. and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. S. If the Surety elects to act under Paragraph 5.1, 5.3. or 5.4. the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. executors, administrators. successors. and assigns. 10. The Surety hereby waives notice of any change, inchlding changes of time, to the Construction Contract or to related subcontracts, purchase orders. and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or Fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety. the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so Furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made Including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. EXDC C -610 Performance Bond 00 61 13.13 -2 Published December 201[0 by the Engineers ,loint Contract Documents Committee. P 10000s'I11050s,1V'5,P 10059001 Spec.Re- Bid \&ds• IU059001 \once of \ward and Proceed and Bond doc., 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived. to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner. which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. FOR INFORMATION ONLY - (Vame, Address and Telephone) Surety .agency or Broker: Owner's Representative (Engineer or other party): 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor. the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as Follows: EJCDC C -00 Performance Bond 00 61 13.13 -3 Published December 2010 by the Engineers Joint Contract Documents Committee. CONTRACTOR (,1 ame and .-Iddr-ess): Meyer Contracting tnc. 1 1000 93rd Avenue North Maple Grove, MN 55369 OWNER ( Fame and. I ddress): City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: $ 456,238.00 Description /lame and Locattorrl: PAYMENT BOND SURETY ( dame and.4ddress of Principal Place q /'Btr.riness): Chatham Road Lift Station City of Columbia Heights, MN BOND Bond Number: Date (not earlier than the Effective Date of the .agreement of the Construction Contract): act): Amount: $ 456,238.00 Modifications to this Bond Form: ❑None 1-1 See Paragraph 18 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 (seal) Contractor's Name and Corporate Seal Signature Print Name Title Attest: Signature Title SURETY In Surety's Name and Corporate Seal Signature (attach power of'attorney) Print Name Title Attest: Signature Title (.seal) .votes: (I) Provide supplemental execution by any additional parties, such as joint venturers. (Z) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C -615 Payment Bond 00 61 13.16 -1 Published December ?010 by the Engineers Joint Contract Documents Committee. P:\10000s \t0050s\1 0059 \1 0115 9 0 0 1 \Spec- .Re- Bid\Bids \1005900! Notice of Award and Proceed And Bond.docx I . The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors- and assigns to the Owner to pay for labor. materials, and equipment Furnished for use in the performance of the Construction Contract, which Is incorporated herein by reference. subject to the billowing terms. 2. If the Contractor promptly makes payment or all sums due to Claimants, and defends. indemnities, and holds harmless the Owner From claims. demands, liens, or Suits by any person or entity seeking payment fix labor, materials, or equipment furnished ror use in the performance of the Construction Contract- then the Surety and the Contractor shall have no obligation under this Bond. 3. IF there is no Owner Default under the Construction Contract. the Suretys obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) orclaims. demands. liens. or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract. and tendered defense or such claims, demands, liens, or suits to the Contractor and the Surety. T When the Owner has satisfied the conditions in Paragraph 3. the Surety shall promptly and at the Surety's expense defend. indemnity, and hold harmless the Owner against a duly tendered claim, demand, lien. or wit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor. 5.1.1 have furnished a written notice ornon- payment to the Contractor. stating with Substantial accuracy the amount claimed and the name of the party to whom the materials were. or equipment was. furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials orequipment included in the Claim. and 5 1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. if a notice of non - payment required by Paragraph 5.1. I is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to Furnish a written notice of non- payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2. whichever is applicable, the Surety shall promptly and at the Surety's expense take the Following actions: 7 1 Send an answer to the Claimant, with a copy to the Owner. within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging anv amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Suretv's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7 2. the Surety shall indemnify the Claimant For the reasonable attornev's fees the Claimant incurs thereafter to recover anv sums Found to be due and owing to the Claimant. 3. The Surety's total obligation shall not exceed the amount or this Bond. plus the amount of reasonable attorneys Fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for an,, payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond. subject to the Owner's priority to use the funds For the completion ot'the work. lo. The Surety shall not be liable to the Owner. Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses or any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts. purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject oFthe Construction Contract is located or after the expiration of one year from the date ( I ) on which the Claimant sent a Claim to the .Surety pursuant to Paragraph 5.1.2 or 5.2, or l2) on which the last labor or service was performed by anyone or the last materials or equipment were Furnished by anyone under the Construction Contract, whichever of ( 1 ) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Derinitions 16.1 Claim: a written statement by the Claimant including at a minimum: I The name of the Claimant: 2. The name of the person for whom the labor was done. or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract: T. A brief description or the labor. materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use m the performance of the Construction C'ontract-, 6. The total amount earned by the Claimant For labor. materials. or equipment furnished as of the date of the Claim: EJCDC C -615 Payment Bond 00 61 13.16 -2 Published December 2010 by the Engineers Joint Contract Documents Committee. Pn I O000s\ I ooSos\I o059\ I oo59001 \Spec\ Re- Bid\ Bids\ 10059001 Notice or award ,md Proceed and Bond.docx 7. The total amount of previous payments received by the Claimaric and 3. The total amount due and unpaid to the Claimant for labor. materials. or equipment furnished as of the date of the Claim. 16? Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fumish labor, materials. or equipment for use in the performance or the Construction Contract. Che term Claimant also includes am individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project 1s located. The intent of this Bond shall be to include without limitation in the terms of" labor. materials. or equipment - that part of the water. gas. power, light, heat_ oil, Qasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractors subcontractors. and all other items for which a mechanics lien may be asserted in the jurisdiction where the labor_ materials. or equipment were furnished. FOR INFORMATION ONLY — (.Name. , -Iddress. and Telephone) Surety Agency or Broker: Owners Representative (Engineer or other): 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond Is issued for an agreement between a contractor and subcontractor. the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 13. Modifications to this Bond are as follows: EJCDC C -615 Payment Bond 00 61 13.16 -3 Published December 2010 by the Engineers Joint Contract Documents Committee. P:UO 0005\10050x\ 10059110059001 \SpeclRe- Bid\Bidst10059001 Noticeor.lward and Proceed and Bond.docx t ., � l � ACORD CERTiFk'.'WATE OF iABILI TY iNSTRANCE w3 44 o- 3A i Fide]ic-� and Deposit Company of Maryland 71t -4 -. w -�'•�� 2 t r .ii � '4 '"'fir ". t � � Y S4 �j L ✓ �"�� 4M .fl. q, u � f �', '`y� r� y t J � PROJECT REFERENCES cortact '4ame. Dei.crip-cr, cz, t ; 3 ' u e Contracting Agency EmaP 'Sites 4 3 - di. A i 11"I'v 3 V N Owner' BNSF Aurora Subdivision Crossover Multiple Sites in Wisconsin eA . �.Y mn v FL ry 4" k P;7-D'.J=_-7 Cj= A, ,_; SC- 0 H 0 F YO K: {t N t �` R. Central Corridor Light Rail - Civil West & Civil Last Minneapolis & St. Paul, MN ,l*'.',,,VNER, _j S� :�r-3 ?, Eng -ee�s S 1, pa S", Lack & Edam #3 Lower Embankment imp. Pierce County., eft Yi 7D 0 T; N, ;E R YEAR: K SOOPE ONN E.: R: CONTRAC"VALUE y EAR a " 2 7j St. Croix Falls Wastewater Treatment Facility St. Croix Falls, Wt IF- F............. Ri Y 1 , "ECRETARY OF STATE Q , jr St::te of 'Mir"nesota "Cr, OAS Ti .. . ....... CERTIFICATE OFCONIPLIANCE, MEYER 'CONTRA.07'ki-, !.s heeb�, . vPrvrlel,4 as a -lontra'--tor by ttle Mirnoszta Cepartr,e-- �S 3 s ota O'e o a rtrr af, H an R FOR THE DEPARTMENr Sv: Bif F )8i , ).s .D v _: . .. _ � ^�! /^' yy � a y _ ., .. , _. '._ -. �- _ - if ^^ -z � � � „ :a .. ... .. .. .. .. � ... .. _, ... � .... J, .: . ..J ,. .. ._. r. .__.. _ L _.:5.. �.._ .,..V �WV4y�fNynl� !1� cµ a �, # �,� .. � � i .. � � ? � r _ _.....��_ „mow_,_ _ � �'A a • 4 ' D J CONTRACTOR (Name and Address) Meyer Contracting, Inc. 11000 93rd Ave N Maple Grove, MN 55369 OWNER (Name and Address): City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 PERFORMANCE BOND SURETY (Name and Address of Principal Place of Business): Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I, 18th Floor Schaumburg, IL 60196 -1056 CONSTRUCTION CONTRACT Effective Date of the Agreement: September 24, 2015 Amount: $ 456, 238.00 Description (Name and Location): Chatham Road Lift Station Columbia Heights, Minnesota BOND Bond Number: 09042241 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): September 29, 2015 Amount: $456,238.00 Modifications to this Bond Form: XD None See Paragraph 16 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 Meyer Contracting, Inc. (seal) Fidelity and Deposit Company of Maryland (seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: e Signatu Si atur (attach power of attorney) President/COO Print Name Title Attest: D) LD& = 4 . Signature V�-enaKI 3-, 7tnsen Title r Mkn . 'PSS1SEanI- Ted Jorgensen Print Name Attorney -in -Fact Title Attest: C�-- ` Signature Surety Account Representative Title Notes: (I) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C -610 Performance Bond 00 6113.13-1 Published December 2010 by the Engineers Joint Contract Documents Committee. LN 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice rcquirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5, When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall beapp4icable. 12. Notice to the Surety, the Qwner, or the Contractor shall be mailed or delivered+ to the` address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. EJCDC C -610 Performance Bond 00 6113.13-2 Published December 2010 by the Engineers Joint Contract Documents Committee. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15, If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (Engineer or other party): MSA Professional Services, Inc., 60 Plato Blvd. East, Suite 140, St. Paul, MN 55107 EJCDC C-610 Performance Bond 00 6113.13-3 Published December 2010 by the Engineers Joint Contract Documents Committee. Paoc Intentionally Left Blank CORPORATE ACKNOWLEDGMENT State of Minnesota ) ) ss County of =4uvle (,� ) On this (-- I day of SgArsm ZUJ!5before me appeared CVI c to me personally known, who, being by me duly sworn, did say that he /she is the S Icy Cov of Meyer Contracting, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instr\upient was executed in behalf of said corporation by authority of its Board of Directors, and that said ScyI acknowledged said instrument to be the free act and deed of sad corporation. MISTYLEE RENEE QUAST Notary Public, State of Minnesota M Commission Expires Y January 31, 2020 State of Minnesota ) ) ss County of Hennepin ) ry Public 0A VLUL County, ill oro• sion expires SURETY ACKNOWLEDGMENT On this 29th day of September 2015 , before me appeared Ted Jorgensen to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Fidelity and Deposit Company of Maryland , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Ted Jorgensen acknowledged said instrument to be the free act and deed of said corporation. Notary Public Ramsey County, Minnesota My commission expires 1/31/2020 FJ ��i."i',:a"ui. ^1.,� "d`1!"f\1'« . "b ^ ✓'4 "J'Jt�� ry •,i- �F',J4'i,''��1.01hJ'Jm''�d �`: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint R. W. FRANK, Jerome T. OUIMET, John E. TAUER, Joshua R. LOFTIS, D.R. DOUGHERTY, Kurt C. LUNDBLAD, Jack CEDARLEAF II, Ted JORGENSEN, R. C. BOWMAN and Brian J. OESTREICH, all of Minneapolis, Minnesota, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of July, A.D. 2015. Vol" Ij By: Michael P. Bond Vice President .4.' B.11: Eric D. Barnes Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �.v ouo,,! Oti MAL On this 8th day of July, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 14, 2019 m �OoAy .� ? 'A EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 29th day of September , 2015 F�a.,pDOG$, . C 3 IA s a�i�%, a ' f Thomas O. McClellan, Vice President PAYMENT BOND CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): Meyer Contracting, Inc. Fidelity and Deposit Company of Maryland 11000 93rd Ave N 1400 American Lane, Tower I, 18th Floor Maple Grove, MN 55369 Schaumburg, IL 60196 -1056 OWNER (Name and Address): City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: September 24, 2015 Amount: $456,238.00 Description (Name and Location): Chatham Road Lift Station Columbia Heights, Minnesota BOND Bond Number: 09042241 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): September 29, 2015 Amount: $ 456,238.00 Modifications to this Bond Form: ONone ❑See Paragraph 18 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 Meyer Contracting, Inc. (seal) Fidelity and Deposit Company of Maryland (seal) Contractor's Na and Corporate Seal Surety's Name and Corporate Seal By: o By: Signature Signatu (attach power of attorney) Print Name President/COO Title Attest: ( 0 0 JTIA4 2 , %V(10.alri Signature V -2>7 S. S iasen Title kc�m`n (, 5sis+ar t• Ted Jorgensen Print Name Attorney -in -Fact Title Attest: Signature Surety Account Representative Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C -615 Payment Bond 00 61 13.16 -1 Published December 2010 by the Engineers Joint Contract Documents Committee. 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment famished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment famished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, famished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last famished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non - payment required by Paragraph 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sutras found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this. Pond Jtas,been furnished to comply with a statutory or othef legal requirement in the location where the constriction was to be performed,, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions EJCDC C -615 Payment Bond 00 6113.16-2 Published December 2010 by the Engineers Joint Contract Documents Committee. 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment famished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (Engineer or other): MSA Professional Services, Inc., 60 Plato Blvd. East, Suite 140, St. Paul, MN 55107 EJCDC C -615 Payment Bond 00 6113.16-3 Published December 2010 by the Engineers Joint Contract Documents Committee. Pa`(lc Intentionally Let Blank CORPORATE ACKNOWLEDGMENT State of Minnesota ) ss County of Y�i� 1 ) On this day of 1 Lei before me appeared `���y� sc `�� to me personally known, who, being by me duly sworn, did say that he /she is the / C C7�j of Meyer Contracting Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was execut'd in behalf of said corporation by authority of its Board of Directors, and that said � elcwil 1 -SC b acknowledged said instrument to be the free act and deed of said corporation. MISTYLEE RENEE QUAST Notary ublic ' �LLv E County, w N i Notary Public, State of Minnesota / My Commission Expires My coYnmissi expires w' January 31, 2020 SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 29th day of September 2015 , before me appeared Ted Jorgensen to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Fidelity and Deposit Company of Maryland , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Ted Jorgensen acknowledged said instrument to be the free act and deed of said corporation. °�.�': red . "d'v''t+`'!' ?a'�: ^, ° +:'4+'v`v .''•.'��d'�':. .. Notary Public Ramsey County, Minnesota My commission expires 1/31/2020 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint R. W. FRANK, Jerome T. OUIMET, John E. TAUER, Joshua R. LOFTIS, D.R. DOUGHERTY, Kurt C. LUNDBLAD, Jack CEDARLEAF II, Ted JORGENSEN, R. C. BOWMAN and Brian J. OESTREICH, all of Minneapolis, Minnesota, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his /her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of July, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �r By: Michael P. Bond Vice President il.a ,_ f Y 6'z� Ry: Fric D. Barnes Secretary State of Maryland County of Baltimore 'q DlIO1ji .��bO r �Q IM UAL On this 8th day of July, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance Notary Commission Expires: My 14, 2019 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 29th day of September , 2015 . •_ SCAL _X d, W Ki�� - - Thomas 0. McClellan, Vice President Client #: 1102 MEYECONI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 1 09/29/2015 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 MN -FG /HG ACT NAME: Colleen Cauley PHONE 612 349 -2400 FAX 612 349 2490 El): A/C,No: COBB STRECKER DUNPHY & ZIMMERMANN E-MAIL ADDRESS: ccauley @csdz.com 150 5 FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A ZURICH AMERICAN INSURANCE COMPA 16535 INSURED INSURER B :AMERICAN GUARANTEE & LIAB INS 26247 MEYER CONTRACTING INC $1,000,000 x 11000 93RD AVE N INSURER C: $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP /OP AGG MAPLE GROVE, MN 55369 INSURER D: $ INSURER E AUTOMOBILE INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM /DDtYYYY POLICY EXP MM /DD/YYYY LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx] OCCUR X CONTRACTUAL LIAB PER GL0008605300 1101/2015 01/011/20116 EACH OCCURRENCE $1,000,000 PREMISESOEa occurrDence $300,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 x POLICY FORM AND XCU GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP /OP AGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS Ix AUTOS BAP008605500 1/01/2015 011011201 MBINED i SINGLE CEOa acccl.r") $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE AUC008611200 1/01/2015 01/01/2016 EACH OCCURRENCE s5,000,000 AGGREGATE s5,000,000 DED I X I RETENTION $0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y/ N OFFICER /MEMBER EXCLUDED? F—N] (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC008605600 1/01/2015 011011201 WC X. TORYLI IT ORH- E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CATHAM RD LIFT STATION COLUMBIA HEIGHTS JOB #151353 ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTORY: CITY OF COLUMBIA HEIGHTS (See Attached Descriptions) MSA PROFESSIONAL SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 60 PLATO BLVD E STE 140 ACCORDANCE WITH THE POLICY PROVISIONS. ST PAUL, MN 55107 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S745089/M665110 SMC DESCRIPTIONS (Continued from Page 1) MSA PROFESSIONAL SERVICES INC The following supersedes the cancellation wording: Should any of the above described policies be cancelled before the expiration date, 30 Days written notice (10 Days for Non - Payment) will be delivered to the certificate holder. SAGITTA 25.3 (2010/05) 2 of 2 #S745089/M665110 Clipnttt- 1102 MEYECONI ACORD. CERTIFICATE OF LIABILITY INSURANCE D 09/29/2015 ) 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 MN- COMMERCIAL LINES CONTACT Colleen Cauley PH, Ext) 612 349 -2400 ac No 612 349 2490 (AIM L: COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2800 A ADDRESS: ccauley @csdz.com INSURER(S) AFFORDING COVERAGE NAIC # MINNEAPOLIS, MN 55402 INSURER A: Charter Oak Fire Insurance Comp 25615 INSURED Meyer Contracting Inc 11000 93rd Ave N INSURER B : $ INSURER C CLAIMS -MADE F7 OCCUR Maple Grove, MN 55369 INSURER D: INSURER E PREMISESOEa occurrDenc. INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER MM /DDY /YYYY MM DDY/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE F7 OCCUR PREMISESOEa occurrDenc. $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ GEN'L PRO - POLICY JECT LOC PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY RTY AMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ N/A PER OTH- T T UTE ER E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Installation Fltr QT6603F108233COF15 1/01/2015 01/01/201 Limit: $456,238 Completed Value Coverage ends when .Special Form Project is accepted DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CATHAM RD LIFT STATION COLUMBIA HEIGHTS JOB #151353 NAMED INSURED INCLUDES: MSA PROFESSIONAL SERVICES; SUB - CONTRACTORS AND SUB - SUB - CONTRACTORS MSA PROFESSIONAL SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 60 PLATO BLVD E STE 140 ACCORDANCE WITH THE POLICY PROVISIONS. ST PAUL, MN 55107 AUTHORIZED REPRESENTATIVE © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S745087/M732287 SMC