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HomeMy WebLinkAboutPW CNT 13-22/Visu-Sewer, Inc CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Visu-Sewer, Inc. Date: November 25, 2013 W230 N4855 Betker Drive Project: Sanitary Sewer Rehabilitation Pewaukee, WI 53072 From: Carol Marchant, Adm. Assistant Re: Contract 13-22 Attn: Please find: ® Attached El Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Construction Contract— Public Works Contract 13-22 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Signed: C� 1 Carol Marchant cc: City Clerk (original) Public Works, Engineering (original) City Attorney (copy) CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 23rd day of October, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VISU- SEWER, INC.,W230 N4855 Betker Drive, Pewaukee, WI 53072, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 13-22 for Sanitary Sewer Rehabilitation on various streets,for the Public Works Department, pursuant to Resolution 13-472 adopted by the Common Council of the City of Oshkosh on the 22nd day of October, 2013, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of $335,812.25, adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The Contract Documents are complementary;what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 2 In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR" wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR Z.,22„—,,___ (‘--- VISU-SEWER, INC. . By: , lti(. t_��_ . �i . •' l♦ A A __. w ! KE1T 4 m. ALEXH►J •ER • ?R�St DEw.1T (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH /; By: -4`. ---,144--a.,--,- ...-- :7Z.///' / // /c/fif Mark A. Rohloff, City Manager (Witness) / � � // .f A / And:Aiw ' _ / (Witness) Pamela R. Ubrig, City erk (..,/ APPROVED: I hereby certify that the necessary provisions have been made to pay �� the liability which will accrue under �,4' this contract 4th �1 il.!. _ \'City A orney k,. 90 City Comptroller 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. WIC54878 A1A Document A312 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Visu-Sewer, Inc. Merchants Bonding Company(Mutual) W230 N4855 Betker Rd. 2100 Fleur Drive Pewaukee,WI 53072 Des Moines, IA 50321 OWNER(Name and Address):City of Oshkosh 215 Church Avenue Oshkosh, WI 54903 CONTSTRUCTION CONTRACT Date:10/23/13 ,,,,••.•••••••.u.. Amount: $335,812.25 O •••••••.;,'1% Description(Name and Location): Sanitary Sewer Main Line Rehabilitation& Lateral Reple� �PORgr••.'Q4'% City Contract 13-22 �; �••�. BOND • •••••••• Date(Not earlier than Construction Contract Date): 10/23/13 =~• •C 1933 Amount: $335,812.25 �= Modifications to this Bond: if None �.•• ❑ Se�e• '3 ••■ CONTRACTOR AS PRINCIPAL SURETY ''o,��������� '*���•..ate��, Company;Visu-Sewer, Inc. (Corporate Seal) Company: (088 orate Seal) Merchants Bonding Company(Mutual) Signature: i'2 CL's Signature: be-1D v` •6 ,ait Name and Title: KE1T1-1 Cf1• CM•-F2x•R30 ER Name and Title: Debbra A. Hinkes, P P ES t DEr.1 l Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other Party) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •MA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 1 The Contractor and the Surety,jointly and severally, bind .1 After investigation, determine the amount for themselves, their heirs, executors, administrators, which it may be liable to the Owner and, as soon successors and assigns to the Owner for the performance as practicable after the amount is determined, of the Construction Contract, which is incorporated herein tender payment therefore to the Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, the Owner citing reasons therefore. Surety and the Contractor shall have no obligation under 5 If the surety does not proceed as provided in Para-graph this Bond, except to participate in conferences as provided 4 with reasonable promptness, the Surety shall be deemed in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety 3 If there is no Owner Default, the Surety's obligation demanding that the Surety perform its obligations under this under this Bond shall arise after: Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 provided in Subparagraph 4.4, and the Owner refuses the below that the Owner is considering declaring a payment tendered or the Surety had denied liability, in Contractor Default and has requested and attempted whole or in part, without further notice the Owner shall be to arrange a conference with the Contractor and the entitled to enforce any remedy available to the Owner. Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- 6 After the Owner has terminated the Contractor's right to forming the Construction Contract. If the Owner, the complete the Construction Contract, and if the Surety Contractor and the Surety agree, the Contractor shall elects to act under Subparagraph 4.1,4.2, or 4.3 above, be allowed a reasonable time to perform the then the responsibilities of the Surety to the Owner shall Construction Contract, but such an agreement shall not be greater than those of the Contractor under the not waive the Owner's right, if any, subsequently to Construction Contract, and the responsibilities of the declare a Contractor Default; and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the and the Surety have received notice as provided in Surety is obligated without duplication for: Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for cor- 3.3 The Owner has agreed to pay the Balance of the rection of defective work and completion of the Con- Contract Price to the Surety in accordance with the struction Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in 6.2 Additional legal, design professional and delay accordance with the terms of the contract with the costs resulting from the Contractor's Default, and Owner. resulting from the actions or failure to act of the 4 When the Owner has satisfied the conditions of Surety under Paragraph 4; and Paragraph 3,the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual damages caused by delayed performance or non- 4.1 Arrange for the Contractor, with consent of the performance of the Contractor. Owner, to perform and complete the Construction Contract; or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Con- Construction Contract, and the Balance of the Contract struction Contract itself, through its agents or through Price shall not be reduced or set off on account of any independent contractors; or such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner 4.3 Obtain bids or negotiated proposals from qualified contractors or its heirs, executors, administrators or successors. ontractors acceptable to the Owner for a contract for performance and completion of the Construction 8 The Surety hereby waives notice of any change, inclu- Contract, arrange for a contract to be prepared for ding changes of time, to the Construction Contract or to execution by the Owner and the contractor selected related subcontracts, purchase orders and other obli- with the Owner's concurrence, to be secured with gations. performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable, under this Bond may Construction Contract, and pay to the Owner the be instituted in any court of competent jurisdiction in the amount of damages as described in Paragraph 6 in location in which the work or part of the work is located and excess of the Balance of the Contract Price incurred shall be instituted within two years after Contractor Default by the Owner resulting from the Contractor's default; or or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to 4.4 Waive its right to perform and complete, arrange perform its obligations under this Bond, whichever occurs for completion, or obtain a new contractor and with first. If the provisions of this Paragraph are void or reasonable promptness under the circumstances: prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECHTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 able to sureties as a defense in the jurisdiction of the suit have been made including allowance to the shall be applicable. Contractor of any amounts received or to be received by the Owner in settlement of insurance or 10 Notice to the Surety,the Owner or the Contractor shall other claims for damages to which the Contractor is be mailed or delivered to the address shown on the entitled, reduced by all valid and proper payments signature page. made to or on be- half of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-- the construction was to be performed, any provision in nature page, including all Contract Documents and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 12.3 Contractor Default: Failure of the Contractor, requirement shall be deemed incorporated herein. The which has neither been remedied nor waived, to intent is that this Bond shall be construed as a statutory perform or otherwise to comply with the terms of the bond and not as a common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS • :4° Bond No.WIC54878 A/A Document A3 12 Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Visu-Sewer, Inc. W230 N4855 Betker Rd. Merchants Bonding Company(Mutual) Pewaukee, WI 53072 2100 Fleur Drive Des Moines, IA 50321 OWNER(Name and Address):City of Oshkosh 215 Church Avenue Oshkosh,WI 54903 CONTSTRUCTION CONTRACT 10/23/13 Date: `,,.,`Q�NG Cp ''�,. Amount: $335,812.25 2!A Description(Name and Location):Sanitary Sewer Main Line Rehabilitation & Lateral Repl�t� r RPORgA•. City Contract 13-22 •G �O• L BOND ° • Date(Not earlier than Construction Contract Date): 10/23/13 Ile. 1933 ;C• Amount: $335,812.25 • Modifications to this Bond: ] None ••• 6 CONTRACTOR AS PRINCIPAL SURETY �•••• • •�C •• ',,,, Company:Visu-Sewer, Inc. (Corporate Seal) Company: it-orporate Seal) Merchants Bonding Company(Mutual) Signature: Id �L K if _ Signature: �RJ Rt D bra A. Hinkes • KE�TI-1 m L�t��c R Name and Title: Deb Hinkes, Name and Title: PRESME.►.l T Attorney-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other Party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 1 The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrator, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4,the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to and void if the Contractor: the Owner, within 45 days after receipt of the claim, 2.1 Promptly makes payment, directly or indirectly, stating the amounts that are undisputed and the for all sums due Claimants, and basis for challenging any amounts that are disputed. 2.2 Defends, indemnities, and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from all claims, demands, liens or suits by any amounts. person or entity who furnished labor, materials or equipment for use in the performance of the 7 The Surety's total obligation shall not exceed the Construction Contract, provided the Owner has amount of this Bond, and the amount of this Bond shall be promptly notified the Contractor and the Surety (at credited for any payments made in good faith by the the address described in Paragraph 12) of any Surety. claims, demands, liens or suits and tendered defense 8 Amounts owed by the Owner to the Contractor under of such claims, demands, liens or suits to the the Construction Contract shall be used for the Contractor and the Surety, and provided there is no performance of the Construction Contract and to satisfy Owner Default. claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this 3 With respect to Claimants, this obligation shall be null Bond, they agree that all funds earned by the Contractor and void if the Contractor promptly makes payment, in the performance of the Construction Contract are directly or indirectly, for all sums due. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to 4 The Surety shall have no obligation to Claimants under use the funds for the completion of the work. this Bond until: 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants contract with the Contractor have given notice to the or others for obligations of the Contractor that are Surety (at the address described in Paragraph 12) unrelated to the Construction Contract. The Owner shall and sent a copy, or notice thereof, to the Owner, not be liable for payment of any costs or expenses of any stating that a claim is being made under this Bond Claimant under this Bond, and shall have under this Bond and, with substantial accuracy, the amount of the no obligations to make payments to, give notices on claim. behalf of, or otherwise have obligations to Claimants 4.2 Claimants who do not have a direct contract with under this Bond. the Contractor: 10 The Surety hereby waives notice of any change, .1 Have furnished written notice to the Contractor including changes of time, to the Construction Contract or and sent a copy, or notice thereof, to the to related subcontracts, purchase orders and other Owner, within 90 days after having last per- obligations. formed labor or last furnished materials or equipment included in the claim stating, with 11 No suit or action shall be commenced by a Claimant substantial accuracy, the amount of the claim under this Bond other than in a court of competent juris- and the name of the party to whom the mater- diction in the location in which the work or part of the work ials were furnished or supplied or for whom is located or after the expiration of one year from the date the labor was done or performed; and (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the .2 Have either received a rejection in whole or in last labor or service was performed by anyone or the last part from the Contractor, or not received within materials or equipment were furnished by anyone under 30 days of furnishing the above notice any the Construction Contract, whichever of (1) or (2) first communication from the Contractor by which occurs. If the provisions of this Paragraph are void or the Contractor has indicated the claim will be prohibited by law, the minimum period of limitation paid directly or indirectly; and available to sureties as a defense in the jurisdiction of the .3 Not having been paid within the above 30 days, suit shall be applicable. have sent a written notice to the Surety(at the 12 Notice to the Surety, the Owner or the Contractor shall address described in Paragraph 12) and sent be mailed or delivered to the address shown on the a copy, or notice thereof, to the Owner, stating signature page. Actual receipt of notice by Surety, the that a claim is being made under this Bond and Owner or the Contractor, however accomplished, shall be enclosing a copy of the previous written notice sufficient compliance as of the date received at the furnished to the Contractor. address shown on the signature page. AIR DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 13 When this Bond has been furnished to comply with a The intent of this Bond shall be to include without statutory or other legal requirement in the location where limitation in the terms"labor, materials or equipment" the construction was to be performed, any provision in that part of water, gas, power, light, heat, oil, this Bond conflicting with said statutory or legal gasoline, telephone service or rental equipment used requirement shall be deemed deleted herefrom and in the Construction Contract, architectural and provisions conforming to such statutory or other legal engineering services required for performance of the requirement shall be deemed incorporated herein. The work of the Contractor and the Contractor's intent is that this Bond shall be construed as a statutory subcontractors, and all other items for which a bond and not as a common law bond. mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were 14 Upon request by any person or entity appearing to be furnished. a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement between promptly furnish a copy of this Bond or shall permit a copy the Owner and the Contractor identified on the to be made. signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner, which has 15.1 Claimant: An individual or entity having a direct neither been remedied nor waived, to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract the Contractor to furnish labor, materials or or to perform and complete or comply with the other equipment for use in the performance of the Contract. terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6 is modified by adding section 6.3. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W. WASHINGTON,D.C. 20006 MERCHANTS ` BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint, individually, Charles L Schiltz; Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli of New Berlin and State of WI their true and lawful Attorney-in-Fact,with full power arid authority hereby conferred in their name, place and stead,to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011. "The President, Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof.the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. R�•41,:-•'ICJ- ,� ,,,, •••*. .•. ..• A•. MERCHANTS BONDING COMPANY(MUTUAL) ^ ,•,.*, — -15*1, 01: •m�.0- -'4 9y MERCHANTS NATIONAL BONDING,INC. • _,_ ' ,, :a•' 1933 �.- T. • 2CO3 ,�, .y•• 1. ti. By /...v.z.„7 77,i,.....„ STATE OF IOWA `''•,,,,ttt• ttt���,tt'" •......• President COUNTY OF POLK ss. On this 2nd day of March , 2012,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies:and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. , ' .,.er 4-1 Lot:-":' iht) MARANDA GREENWALT , 5 Commission Number 770312 My Commission Expires OW October 28,2014 Notary Public, Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this i� ,a day of()do()...12/1 • 2013 • .,� *-�1O141 ' ., ;•. P. �W)• �/ i 4` t .•�'' 1933 '3; Secretary -fit,;;: 2 C>r 3 �,�,c�: •••,' y POA 0014 (11/11) 1ri'' • --.) •` t•ttliifl,t,tt111"kr xi- ACRD CERTIFICATE OF LIABILITY INSURANCE ii/e/?olsY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Am Brennan NAME: y R & R Insurance Services, Inc. (p/EM Fxt) (262)574-7000 (A/C.No):(262)574-7080 1581 E Racine Avenue E-MAIL ADDRESS:amy.brennan@rrins.com brennan @rrins.corn PO Box 1610 INSURER(S)AFFORDING COVERAGE NAIC# Waukesha WI 53186 INSURERA:The Phoenix Insurance Company 25623 INSURED INSURER B The Charter Oak Fire Ins.* 25615 Visu-Sewer Inc INSURER C:The Travelers Indemnity Company 25658 W230 N4855 Betker Road INSURERD:The Travelers Indemnity Company 25682 PO Box 804 INSURERE:The Travelers Property Casualty 25674 Pewaukee WI 53072-0804 INSURER F: COVERAGES CERTIFICATE NUMBER:13/14 WI Liability/BR/IM REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 A CLAIMS-MADE X OCCUR DTC0-5968X624-PHX-13 4/1/2013 4/1/2014 MED EXP(Any one person) $ 5,000 X Blkt Add'1 Insd Endt. PERSONAL&ADV INJURY $ 1,000,000 X 5,000 PD Deductible GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X jT LOC Employee Benefits Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO DT810-5968X624-COF-13 4/1/2013 4/1/2014 BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTOS _ AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X UMBRELLA LIAB X OCCUR DTSM-CUP-5968X624-IND-13 4/1/2013 4/1/2014 EACH OCCURRENCE $ 10,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ D WORKERS COMPENSATION DTDTAE-UB-5968X624-13(WI) 4/1/2013 4/1/2014 WC STATU- 0TH- AND EMPLOYERS'LIABILITY Y/N x TORY LIMITS ER ANY DTO-UB-5985X713-13(AOS)*B 4/1/2013 4/1/2014 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A 4/1/2013 4/1/2014 (Mandatory in NH) DAN-UB-5982X298-13 (IL) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes. under 1000000/1000000/1000000) E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below ( E Contractors Equipment QT660-5167X974-TIL-13 4/1/2013 4/1/2014 Leased/Rented Equipment $300,000 Bldg Risk or Installation Any 1 Loc/ln Transit or Project $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: Public Works Contract No. 13-22 Sanitary Sewer Main Line Rehabilitation & Lateral Replacement. City of Oshkosh and its officers, council members, agents, employees, and authorized volunteers are listed as additional insured in regards to general liability when required by written contract per form CGD246 08/05. 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. City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Thomas Scheider/JB396 —"- — r-'- ' ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS0251201005101 Tha A( ORf names and Innn ara ranicfarard marks of ACORn Additional Named Insureds Other Named Insureds Alex Rentals LLP Limited partnership, Additional Named Insured Visu Sewer of Illinois, LLC Limited Liability Company, Additional Named Insured Visu Sewer of Mississippi LLC Limited Liability Company, Additional Named Insured Visu Sewer of Missouri LLC dba Walden Technolcaies Limited Liability Company, Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC