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HomeMy WebLinkAbout726 West 11th Avenue 8317283III III I II 7 2 8 3 Tx:4230231 SATISFACTION OF MORTGAGE 1728583 Document Number Docume"tTitle REGISTER'S OFFICE WINNEBAGO COUNTY,W1 RECORDED ON 11/28/2016 11:17 AM We hereby certify that the mortgage executed by ORIEN G.COLMER CHRISTOPHER LARSON &KATHRYN J.COLMER to the CITY OF OSHKOSH,a municipal DFPUTY REGISTER OF DEEDS corporation,located in Winnebago County,Wisconsin,dated the 31St day of July 2014 and recorded in the office of the Register of Deeds of RECORDING FEE 30.00 Winnebago County,State of Wisconsin,on the 8th day of August,2014 PAGES: I as Document No. 1669371 is fully paid and satisfied. LEGAL DESCRIPTION: Lot 1,in STREICH'S SUBDIVISION OF LOT 12,and Lot 16,in JOHN NELSON'S SUBDIVISION, 13d' Ward, City of Oshkosh, Winnebago .,,0,amg Areas County,Wisconsin (commonly known as 726 W I I th Ave,Oshkosh) City Attorney's Office Oshkosh,WI 54901 913-0383-0000 Property Identification Number In Witness Whereof,we have hereunto set our hands and seal this 17th day of November,2016 CITY OF OSHKOSH a municipal corporation BY: RIS Manager Q PAMELA R.UBRIG,Oty Clerk AUTHENTICATION ACKNOWLEDGEMENT Signature(s) STATE OF WISCONSIN WINNEBAGO COUNTY Authenticated this_day of-20— Personally came before me this 17th day of November,2016 the above named Mark A.Rohloff,City Manager, TITLE:MEMBER STATE BAR OF WISCONSIN and Pamela R.Ubrig,City Clerk,of the City of Oshkosh (If not, tole known to be the person(s)who executed the foregoing oe authorized by See 706.06,Wis Stats) ins rument acknowledge thpsai�e. o t fZ� F? p lic.Winnebago tary Public,Winnebago County M C 'x it 20 (Signatures may be authenticated or acknowledged.Both are not necessary.) INSTRUMENT DRAFTED BY: Lynn Lorenson,City Attorney,Oshkosh,WI V I � 1I I I 1 l,/ ,i I 1 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 10th day of November, 2016, by and between the CITY OF OSHKOSH, parry of the first part, hereinafter referred to as CITY, and Insituform Technologies USA,LLC, 17988 Edison Avenue,Chesterfield, MO 63005, 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. 16-30 for sanitary sewer lining,forthe Public Works Department,pursuaht to Resolution 16-511 adopted by the Common Council of the City of Oshkosh on the 9th day of November, 2016, 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 If. 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 andfor CONTRACTOR's proposal. ARTICLE Ill. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of $252,673.74, 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. i 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 Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. 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. i 2 - ~ |nthe event that any provision inany ufthe above component parts ofthis 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 aa maybe otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR"wherever used inthis Contract means the party ofthe second part and its/hio/thoir|ega| napnaeontativea, oucceaeom, and oeoiQnm. 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 bythe Comptroller ofsaid Chy. and the party ofthe second part hereunto set its, his ortheir hand and seal the day and year first above written. In the Presence of: CONTRACTOR ' INSITUFORM TEPHN040GIESLO of 1/29 ' Ursula Youngblood,Contracting&Attesting Officer -II/— ` (Seal of Contractor (Specify Title) ifaCorpon»tionj / ' Debra Jasper,Contracting&Attesting Officer (Specify.Title) CITY VFOSHKOSH Wrk A. Rohloff, City Manager And: ~ | APPROVED: | hereby certify that the necessary ` provisions,have been made topay the liability which will accrue undar this contract b ��omey ] City Comptroller 3 AICfJ/R0" CERTIFICATE OF LIABILITY INSURANCE FDATE(MWDDff--) i. ' 7/1/2017 1 11/18/2016 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: Three City Place Drive,Suite 900 RI E Ext): Ac No St.Louis i�0 63141-7081 E-MAIL (314)432-0500 ADDRESS: INSURERINSURERM AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Com anv 22322 INSURED Insituform Technologies USA,LLC INSURERS: ACE American Insurance Com anv 22667 1348057 17988 Edison Avenue INSURERC:Indemnity Insurance Cc of North America 43575 Chesterfield MO 63005 INSURER D: Starr Indemnity&Liability Company 38318 INSURER E: AGCS Marine Insurance Cornpanv 22837 INSURER F COVERAGES INSTE02 CERTIFICATE NUMBER: 14387082 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER M /O DD LIMITS A Xr COMMERCIAL GENERAL LIABILITY Y N CGD300084901 711/2016 7/1/2017 EACH OCCURRENCE $2,000,000 _ CLAIMS-MADE OCCUR DAMAGE TO RENTED A BROAD FORM PD/CONTRAC AL PREMISES Ea occurrence 1,000,000 X TndeDendt Contractor MED EXP CAry oneperson) $ 10,000 X XCU PERSONAL&ACV INJURY $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 4,000,000 POLICY X❑jECT X❑LOC PRODUCTS-COMPIOP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y N ISAH09043330 7/1/2016 7/1/.2017 COMBINED SINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $Y_YMXXX AOUTEOS ONLY pSYORULED BODILY INJURY(Per accident$X)XXXXX AUTOS ONLY A'JOTOS ONLD PROaE�RdTe DAMAGE $XXXxCX $XXXXXXX D UMBRELLA UAB X OCCUR Y N 1000095154161 7/112016 7/1/2017 EACH OCCURRENCE $ 10,000,000 �' EXCESS UAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ s XXXXXXX WORKERS COMPENSATION ( PER OTH- B AND EMPLOYERS'LIABILITY 1Q WT-RC48607354((CA/MA) 7/1/2016 7/1/2017 X STATUTE ER C ANY PROPRIETORIPARTNERIEXECU?IVE YIN WLRC48607342(AOS) 7/1/2416 7/1/2017 EL EACH ACCIDENT $ 1000000 C OFFICERIMEMBEREXCLLDED9 �N!A' (EXCLUDINGMONOPOLISTIC) (MnndM,in NH) E.DISEASE-EA EMPLOYEE Is 1,000000 Ifxes,de b,,,d,, DeSCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT Is 1,000000 E INSTALLATION FLOATER N I Y MXI93050922 7/l/2017--7 SEE ATTACHED ITIAITS DEDUCTIBLES:VARIOUS PER. POLICY SCHEDULE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:t6-30 SANITARY SEWER LINING. CITY OF OSHKOSH AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES,AND AUTHORIZED VOLUNTEERS ARE ADDITIONAL INSUREDS UNDER GENERAL LIABILITY,AUTOMOBILE LIABQITY,AND EXCESS LIABILITY ON A PRIMARY.AND NON-CONTRIBUTORY BASIS WHERE APPLICABLE BY WRITTEN CONTRACT,BUT ONLY WITII RESPECT TO LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS. WAIVER OF SUBROGATION APPLIES UNDER INSTALLATION FLOATER AS REQUIRED BY WRITTEN CONTRACT,EXECUTED PRIOR TO LOSS.**SEE ATTACHED ENDORSEMENTS** CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 14387082 AUTHORIZED REPRESENTATIVE CITY OF OSHKOSH ATTN:CITY CLERK 215 CHURCH AVENUE PO BOX 1130 OSHKOSH WI 54903-1130 ACORD 25(2016103) ©1988- CORD CCIZVORAMON.All rights reserved The ACORD name and logo are registered marks of ACORD Installation Floater,No Co-Insurance,Replacement Cost,Special Perils Form including Flood&EQ Limits: $10,000,000 any one installation site $10,000,000 any one loss,disaster,or casualty Sublimits(including but not limited to:) $1,000,000 In Transit $1,000,000 Temporary Storage $1,000,000 Soft Costs(Delay of Use) $1,000,000 Rigging($500,000 Temporary Storage/$500,000 Transit) Miscellaneous Attachment:M46896 Master ID:1348057,Certificate ID:14387082 This endorsement,effective 12:01 a.m.,July 1,2016,forms a part of Policy No.CGD300084901 issued to AEGION CORPORATION by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS— SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the"bodily Injury'or"property damage"occurs subsequent to the execution of the written contract or written agreement,including indemnification agreements. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. XIL 2010-1001 (Ed.0413) O 2013,XL America,Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed;or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. XIL 2010-1001 (Ed.0413) ©2013,XL America,Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission This endorsement,effective 12:01 a.m.,July 1,2016,forms a part of Policy No.CGD300084901 issued to AEGION CORPORATION by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS— COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the"bodily Injury"or"property damage"occurs subsequent to the execution of the written contract or written agreement,including indemnification agreements. Location And Description of Completed Operations: Various as required per written contract. XIL 2037-1001 (Ed.0413) @ 2013,XL America,Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products- completed operations hazard". All other terms and conditions remain unchanged. XIL 2037-1001 (Ed.0413) ©2013,XL America,Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office,Inc.,with its permission Bond No.106613550 PERFORMANCE BOND CITY OF OSHKOSH Contract Number 16-30 Sanitary Sewer Lining Date Bond Executed(Date of Contractor Later) November 10,2016 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Insituform Technologies USA,LLC —Individual —partnership 17988 Edison Avenue Corporation —X—LimitedLiability Chesterfield,MO 63005 Company State of Incorporation Delaware SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Travelers Casualty and Surety Company of America $252,673.74 One Tower Square Hartford,CT 06183 Two Hundred Fifty Two Thousand Six Hundred Seventy Three&741100's OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above,which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract,then the Surety(ies)obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five(5)business days of the Owner's notice,either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five(5)business days of the request for conference. If the Owner,Contractor and Surety agree,the Contractor may be allowed a reasonable time to perform the Contract,but such agreement shall not waive the Owner's right,if any,to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default;and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above,the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor,with consent of the Owner,to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds,and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract;any additional legal,design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner,as soon as practicable after an amount is determined for completion of the Contract;or 5. Deny liability in whole or in part and notify the Owner,citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness,Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five(5)business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above,Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given:(i)upon delivery to an officer or person entitled to such notice,if hand delivered;or(ii)two(2)business days following deposit in the United States mail, postage prepaid;(iii)upon delivery by a commercial carrier that will certify the date and time of delivery;or(iv) upon transmission if by facsimile,email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms,conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Insituform Technologies USA,LLC Travelers Casualty and Surety Company of America Name of Principal/Contractor Name of Surety l Title t a Lause,Contracting&Attesting Officer Title Dana A.Dragoy,Attorney -Fact Bond No.106613550 PAYMENT BOND CITY OF OSHKOSH Contract Number 16-30 Sanitary Sewer Lining Date Bond Executed(Date of Contractor Later) November 10,2016 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Insituform Technologies USA,LLC Individual partnership17988 Edison Avenue — — Corporation—X_LimitedLiability Chesterfield,MO 63005 — Company State of Incorporation Delaware SLTRM, (IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Travelers Casualty and Surety Company of America $252,673.74 One Tower Square Two Hundred Fifty Two Thousand Hartford,CT 06183 Six Hundred Seventy Three& 741100's OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION ___^_---- 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 Contract identified above,which is incorporated herein by reference,subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims,demands,liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract,then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract,then the Surety(ies)obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety 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 Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims,if any,under any 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 Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owners priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above,the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim,demand,lien or suit. Surety shall answer claimants,with a copy to Owner,within sixty(60)days of the date of the claim,stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner,claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to,or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given:(i)upon delivery to an officer or person entitled to such notice,if hand delivered;or(ii)two(2)business days following deposit in the United States mail, postage prepaid;(iii)upon delivery by a commercial carrier that will certify the date and time of delivery;or(iv) upon transmission if by facsimile,email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Insituform Technologies USA,LLC Travelers Casualty and Surety Company of America Name of Principal/Contractor Name of Surety 02t Title lana Lause,Contracting&Attesting Officer Title Dana A.Dragoy,Attorney- in-Fact State of Missouri County of St.Louis On 11/10/2016, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn,personally appeared Dana A. Dragon known to me to be Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. Andre 3t cCarthy,Notary Public ANDU A MCCAi'.7HY Notary Pu61ic—Not ar7i Seal State of Missouri,St.Louis County Commission#15636518 My Commission Expires July 30,2019 My Commission Expires: WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power df Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualtv Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company;which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seat with the Company's seal bonds,reeognizanees,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duty executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his of her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President.any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and anv such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 10—day of November pp 16. Kevin E.Hughey„Assistant Sea tory Z 798 ZG � �,' MC(NPoRtim a`I.y. � �e� _gry�m1 �¢,�pvoaq e:n HAkTWgD.9< iWRfiOiW,[�. �� 0 uernt gb��b � 1977 1951 a �, Px� St:nLyo'r i.�i. '" caNn. € coxa.�a � 1836 o eP a yv� r a 0 .} Y h� �'"ko x rw✓� 1S„.ANS lS...._...}� To verify the authenticity of this Power of Attorney,call 1-800421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER