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HomeMy WebLinkAboutFabtech Wastewater Solutions WWTP Clarifiers Repair & Rehabilitation 2016I30-+_0 CONTRACTOR AGREEMENT: WWTP CLARIFIERS REPAIR AND REHABILITATION CITY OF OSHKOSH THIS AGREEMENT, made on the 14th day of DECEMBER, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FABTECH WASTEWATER SOLUTIONS LLC, 865 MIDPOINT DRIVE, O'FALLON, MO 63366, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. 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. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal 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. ARTICLE 1I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Laurel Fracaro, Project Manager) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: 1 (Pete Gulbronson, Environmental Compliance Manager) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled Wastewater Treatment Plant: Primary Clarifiers Repair and Rehabilitation dated November 5, 2016, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than December 31, 2017. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $295,000.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. 2 ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh 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 IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: (Seal of Contractor if a Corporation.) APPROVED: CONT A R /CONSULTANT I By:o (S �.✓ A C_ (Specify Title) By: , , Z:t ! = —i -- y - q6_3 +- rn i! (Specify Title) CITY OF OSHKOSH By: : ` �— 'tom ��� Mark A. Rohloff, City Manager And: U0 Pamela R. Ubrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Comptroller 01 �/,-5/T .4 CITY OF OSHKOSH COST PROPOSAL FORM WASTEWATER TREATMENT PLANT: PRIMARY CLARIFIERS REPAIR AND REHABILITATION - &�From: r h 12 a I WOLS+C V Vt/� 1 �1 �t� ba(bidder's company name) BID PROPOSAL DEADLINE: FRIDAY, DECEMBER 2, 2016 @ 10:00 A.M. Date: I I -')C7) - a 01( ? Addenda: Receipt of Addenda numbered -# I of # ( are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction, By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor, We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): SECTION I BID DESCRIPTION UNIT EST. BID UNIT BID TOTAL PRICE ITE QTY. PRICE M Furnish all Labor, Equipment, and Materials to disassemble and remove two (2) primary clarifier mechanisms and raise each center drive approximately 36 - inches; complete as Lump specified Sum 25 2 Furnish all Labor, Equipment, and Materials to repair and rehabilitate two (2) clarifier drive mechanisms; complete as specified 3 Furnish all Labor, Equipment, and Materials to replace all hardware with new stainless steel hardware; complete as specified 4 Furnish all Labor, Equipment, and Materials to load and transport both primary clarifiers offsite, sandblast and paint all clarifier components, transport back to site for reassembly; complete as specified 5 Furnish all Labor, Equipment, and Materials to reassemble both primary clarifiers, install new cages and access stairs, put both clarifiers back in service, balance drives, and set and check overload alarms and shutdowns; complete as specified 6 Furnish all Labor, Equipment, and Materials for use of crane service; complete as specified Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum 1 $ I Ql ODD $ 101)ox GRAND TOTAL OF SECTION I (ITEMS 1 THROUGH 6) 26 $A�J-c�D SIGNATURES Date: I I - Name of Company: rf, k-ne""_'k Sol L"-hD(vS Submitted by: (name/title) E—o.�,c s\ �� Qc a t o Email: L-aut c\ • G 4 lc a c o rzt\,i� _ Address of Company: Lbs i ta`t� 1 r, CYFa11j l,, Phone: l -A - 14-) 9 -33 y I K , U53 W (�O That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have fuII authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. Signature / - Title c: e- 27 27 /EMC Employers Mutual Casualty Company 717 Mulberry St., Des Moines, IA 50309-3872 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Fabtech Waste Water Solutions LLC 865 Midpoint Dr O'Fallon MO 63366 as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa and authorized to do business in the State of Missouri , as Surety, are held and firmly bound unto the City of Oshkosh Purchasing Division P O Box 1130 Oshkosh WI 54903-1130 as obligee, in the sum of Two Hundred Ninety Five Thousand Dollas $295,000 DOLLARS, lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for: Waste Water Treatment Plant: Primary Clarifiers repair and rehabilitation. according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of such proposal or bid and award and shall give bond for the faithful performance thereof, with the EMPLOYERS MUTUAL CASUALTY COMPANY as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Signed, Sealed and Dated this 28th day of November 120 16 I Roger od , rick _ ^.i —Pal B \' Witness Employers Mutual Casualty Company Surety By: ,� .7 ol Corney-in-Fact Questions regarding this bond should be directed to the EMC H.O. Bond Department at 515-345-2689. 7007.4 (07-14) /EMC No. B37151 INSURANCE P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: JEFFREY S. HUG its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: In an amount not exceeding One Million Dollars.........................................................................................-.................................................................$1,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2018 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 14th day of OCTOBER 2015 i��� Seals PSO��NSUH9,y'•, ;°�F�°O;", PQN;''; ;: &, Cq;;'•, Bruce G. Kelley, hairman Michael Freel ��VOPF�Agr'i of Companies 2, 3, 4, 5 & 6; President Assistant Vice President N = = = = = a = ? = = of Company 1; Vice Chairman and z : SEAL D : Z ; 1863 : _ 1953 = CEO of Company 7 MUTUq�� v� UTUq�� y s e KATHY LYNN LOVEAIDGE Commission Number 780769 o My Commission Expires October 10, 2016 ES On On this 14th day of OCTOBER AD 2015 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. ) NotaYPublic il4 and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on OCTOBER 14, 2015 on behalf of: JEFFREY S. HUG are true and correct and are still in full force and effect. In Testimony Whereof I ve subscribed my name and affixed+the facsimile sepl of each Company this day of Vice President , . .��`UiUA(�''. 5` CORP O'�9 i n . . F' `OpPORgt', `� :'P`♦ pPOR i L' w= SEAL St4!,,�_ SEAL: o_ �- •' �, '• *'IOW P,* •'O'�� i�� � • '' may.' i��,. ,O P MO,NES.�� DPK°P MUTUq�� v� UTUq�� y s e KATHY LYNN LOVEAIDGE Commission Number 780769 o My Commission Expires October 10, 2016 ES On On this 14th day of OCTOBER AD 2015 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. ) NotaYPublic il4 and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on OCTOBER 14, 2015 on behalf of: JEFFREY S. HUG are true and correct and are still in full force and effect. In Testimony Whereof I ve subscribed my name and affixed+the facsimile sepl of each Company this day of Vice President /EMC Employers Mutual Casualty Company 717 Mulberry St., Des Moines, IA 50309-3872 Bond No. S444791 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That We, Fabtech Waste Water Solutions LLC 865 Midpoint Dr O'Fallon MO 63366 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES MOINES, IOWA, and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto City of Oshkosh Purchasing Division P O Box 1130 Oshkosh WI 54903-1130 (hereinafter called "Obligee"), in the penal sum of Two Hundred Ninety Five Thousand Dollars DOLLARS ($ 295,000 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. SEALED, with our seals and dated 3rd day of January , 20 17 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 3rd day of January , 20 17 , providing for the construction or supply of, Waste Water Treatment Plant: Primary Clarifiers repair and rehabilitation. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no !fight of action shall accrue upon or by reason hereof, to or for the use or bet efit f any one other than the Obligce named herein; and the obligation of the Surety is and shall be construed stri tly as one of suretyship only. i WITNESS: Roger Ro eri Principal [Seal] i i By. al fi (If Individurm) ATTEST Emplo rs Mutual Casualty Company Surety [Seal] By: (If Corporation) /nrnej-in-Fact Questions regarding this bond should be directed to the EMC H. 0. Bond Department at 515-345-2689. 7066(11-13) /EMC. Employers Mutual Casualty Company 717 Mulberry St., Des Moines, IA 50309-3872 Bond No. S444791 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That We, Fabtech Waste Water Solutions LLC 865 Midpoint Dr O'Fallon MO 63366 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa and authorized to transact business in the State of Missouri (hereinafter called "Surety"), as Surety, are held and firmly bound unto the City of Oshkosh Purchasing Division P O Box 1130 Oshkosh WI 54903-1130 (hereinafter called "Obligee"), in the penal sum of Two Hundred Ninety Five Thousand Dollars DOLLARS, ($ 295,000 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 3rd day of January 120 17 providing for the construction or supply of, Waste Water Treatment Plant: Primary repair and rehabilitation. Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, IF the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, then this obligation to be void-, otherwise to remain in full force and virtue. SIGNED and sealed this 3rd day of January 120 17 WITNESS: Roger RJ iderk Principal !Seal] Jy . (If Individual or F, m ATTES Empl ers Mutual Casualty Compaicq Sure By: (If Corporation) Attorney-in-Fact Questions regarding this bond should be directed to the EMC H.O. Bond Department at 515-345-2689. 7067(11-13) /EMC P.O. Box 712 • Des Moines, IA 50306-0712 No. B37153 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: JEFFREY S. HUG its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: Inan amount not exceeding One Million Dollars............................................................................................................................................................$1,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2018 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 14th day of OCTOBER 2015 Seals PSGD I sfiHA; Pq�;�'; �Pg, C.;s.,, Bruce G. Kelley, hairman Michael Freel ' >-, .2;oP°°R of Companies 2, 3, 4, 5 & 6; President Assistant Vice President = SE 4t_ > ; = = 1i63 ` a " 1953 < _ of Company 1; Vice Chairman and =, 01/VA= - CEO of Company 7 ,'owa tin e ... awa �.`;N`t RANCf''•', tiE�NSUR�,ry„'', ," 001UAt �''• 10 SEAL w SEAL ` _ 4- SEAL Z SEAL o owA, ",rH DAK°.` 410'NES.\0 ` �MUTUA[ /2 UTUq 9 aZ KATHY LYNN LOVERIDGE x , , m at Commission Number 780769 a� on My Commission Expires BURP O 1 October 10, 2016 ES On On this 14th day of OCTOBER AD 2015 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. Nota Public iK and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on OCTOBER 14, 2015 on behalf of: JEFFREY S. HUG are true and correct and are still in full force and effect. In Testimony Whereof I h ve subscriOed my nam and affixed the facsimile nal of each Company this ofy� �6A2 ' Vice President ACRO CERTIFICATE OF LIABILITY INSURANCE DATE A EMM; lois 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 NAME PHONE C No,FAX (636) 272-6711 Jeff Hug, Insurance Concepts Of St Louis 1068 Bryan Rd AL qeffhuq@hotmail.com INSURER(S) AFFORDING COVERAGE NAIC yX INSURERA 14esa Underwriters S ecialt I O.fallon MO 63366— INSURED Fabtech Waste Water Solutions LLC I INSURER Acuity INsuRERc Vational Union Fire Ins Co= 865 Midpoint Dr INSURER Missouri ETnulovers Mutual 0 INSURER E / / / / INSURER F€ Ofallon MO 63366- 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 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 UoRCY U POLICY EFF 7/12/2016 iPOLICY EXP LIMITS A GENERAL LIABILITY y IIPOO15001000239 7/12/2017 EACH OCCURRENCE 2 000 000 X COPApAERCIALGENERAL LNEILITY CLAIMS -MADE a OCCUR / / / / / / / / PFMaFS E roRE ED _ i 1,000,000 MED EXP (Any one person) $ 5,0001 PERSONAL & ADV INJURY $ 1 , 000 , 000 X Iso form CG 20 37 or Equivalant / / / / GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000 / / / / Deductible $ 1,000 POLICY Wis LOC / / / / B AUTOMOBILE X LIABILITY ANY AUTO y 97210 5/30/2016 / / 5/30/2017 / / COIA81NED SINGLE LIMIT Ea accede rdi 1 .000 ()Cr), BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X ALL -DMED 7-1 1 SCHEDULED AUTOS �a AUTOS / / / / NON TOS / / / / (Porr acc,deERTntDAPAAGE tl$ $ X UMBRELLA LIAB X OCCUR C Y GN23635115 7/16/2016 7/12/2017 EACH OCCURRENCE $ 10,000,000 EXCESS LAB CLAIMS -MACE / / / /AGGREGATE $ 10,000,0001 G P101000 POLLUTION i 1,000,0001 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOP,IPARTNER/EXFCUTiVF VIN OFFICFR/MEMBER EXCLUDED'1 a (Mandatory in NH) NIA 015480-00 2/13/2016 / / / / _ 2/13/2017YTATU- / / / / X OTH- FIR E. L. EACH ACCIDENT $ lO0 OQO EL DISEASE - EAEMPLDYEE $ 1QO ODD If yes, describe under DESCRIPTION OF OPERATIONS bek,. / / / / EL DISEASE - POLICY LIM]- $ 500 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORO 101, Additional Remarks Schedule, if more space is required) Certificates of Insurance acceptable to the city of Osh Kosh shall be submitted prior to commencement of the work to the applicable City department.these certificates shall contain a provision that coverage afforded under the polocies will not be canceled or non renewed until at least 30 days prior written notice has been given to the City Clerk- city of osh Kosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of OshKosh, attn city ACCORDANCE WITH THE POLICY PROVISIONS. clerk 215 church avenue P.O. box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 � * ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005)01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP0015001000239 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Oshkosh,and its officers, council members,agents City of Oshkosh wastewater treatment facility employees and authorized volunteers. clarifier rehabilitation project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by. - 1. y:1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 location 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: MP0015001000239 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Oshkosh and its officers, council members, agents, employees and authorized volunteers. On the commercial General Liability Policy. City of Oshkosh Wastewater facility clarifier rehabilitation project Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1