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2017 Well Rehabilitation Project 17-03: Accept Quotes and Award Contract - • � w CITY OF ClIANIIASSEN S Chanhassen isa Community for Life-Providing forToday and Planning for Tomorrow MEMORANDUM TO: Paul Oehme, Director Public Works/City Engineer ``rr'' FROM: Stephanie Smith, Project Engineer DA'S' DATE: March 13, 2017 SUBJ: Well Maintenance Project No. 17-03: Approve Quote PROPOSED MOTION "The City Council approves a quote and awards the base bid amount of$76,870.00 to Keys Well Drilling for Well Maintenance Project 2017, City Project No. 17-03." City Council approval requires a simple majority vote of the City Council present. BACKGROUND To increase the longevity and reliability of the pumps and motors,the city's well equipment must be maintained on a consistent schedule. This regular maintenance will also reduce city costs over time by decreasing the likelihood of expensive emergency repairs and prevent water supply interruptions. The city regularly inspects and performs routine maintenance on city wells. Industry standards recommend well equipment undergo rehabilitation by a well contractor every seven to eight years. This project includes inspecting and repairing the pump and motor, if needed, as well as replacing items that are nearing the end of their expected life. The schedule in the 2017 CIP identified Wells # 3 and#13 for rehabilitation this year, however, due to the lower usage levels of Well #3, Well #3 maintenance will be on hold and Wells #8 will be given priority for rehabilitation due to its higher usage. The Well Maintenance Project 2017 will include Wells#8 and #13 for maintenance this year. Well #8 is located east of Highway 41 between Lake Lucy Road and Longacres Drive. This well was last repaired in 2009, eight years ago. The well has not had any known problems since its last inspection. Staff recommends that the system receive standard rehabilitation as part of this project. PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Paul Oehme Well Maintenance Project: Approve Quote March 13,2017 Page 2 Well #13 is located on Lake Drive East, east of Dakota Avenue inside Chanhassen Estates Mini-Park. This well was constructed in 2008,nine years ago. The well has not had any known problems since its last inspection. Staff recommends that the system receive standard rehabilitation as part of this project. QUOTES Four alternates were included in the solicitation. Alternates 1 and 2 include items for cleaning Well#8 and#13,respectively. Alternate 3 includes items for the replacement of the pump bowl of Well#8. Alternate 4 includes items for replacement of the pump bowl, cable and installation of a monitoring system for Well#13. As the performance of Wells#8 and #13 have not indicated the need for repairs listed in Alternates 1 thru 4, staff cannot determine whether they will need the alternate work until the contractor pulls the pump and motor for inspection. As a result,the low quote was determined by the Base Bids for Well #8 and #13. The quotes received are summarized as follows: Base Quote Base Quote Sum of Well#8 Well#13 Base Quotes Bergerson Caswell $50,200.00 $49,405.00 $99,605.00 E.H. Renner& Sons $40,465.00 $45,730.00 $86,195.00 Keys Well Drilling* $38,385.00 $38,485.00 $76,870.00 Mark J Traut Wells $53,765.00 $53,690.00 $107,455.00 *Indicates low quote Keys Well Drilling has not completed a well project for the City of Chanhassen within the past 10 years. City staff has communicated with the cities of Maple Grove, Richfield and LeSueur who gave positive references for Keys Well Drilling on recently completed projects. The total recommended contract includes the Base Bid for Wells#8 and#13 in the amount of $76,870.00. If Alternates 1 through 4 are necessary after the wells are inspected,this work may be added to the contract via a change order. Work on Well #8 is scheduled to be completed by May 15, 2017, and Well #13 is scheduled to be complete by November 1,2017. Both wells shall be operational during the peak times of May 15 to September 1. The 2017 CIP W-032 budgeted $70,000 of funding for well rehabilitation. The additional cost will be funded by the annual budget for water utility under the"Repair&Maintain Equipment" line item. Attachments: Resolution CIP Page c: Kevin Crooks, Utility Superintendent Nick Keys,Keys Well Drilling g:\eng\public\_2017 projects\17-03 well nos 8 and 13 maintenance project\communication\170313_cc_accept quote well#8&#13.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA DATE: March 13,2017 RESOLUTION NO: 2017-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT FOR THE 2017 WELL REHABILITATION PROJECT NO. 17-03 WHEREAS,quotes were received for the Well#8 and#13 maintenance Project No. 17-03, and AND WHEREAS,it appears the quote from Keys Well Drilling in the amount of $76,870.00 is the lowest responsible quote. NOW THEREFORE,BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Keys Well Drilling in the name of the City of Chanhassen for the 2017 Well Rehabilitation Project No. 17-03, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. Passed and adopted by the Chanhassen City Council this 13th day of March, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger,Mayor YES NO ABSENT Capital Improvement Program 2017 rhru 2021 Department Water System Improvements City of Chanhassen, IvfN Contact Paul Oehme Project# W-032 'type Improvement Useful Life Unassigned Project Nan►c Well Rehabilitation Program Category Utilities Account NI 700-7025-4530 Account#3 Priority n/a Account N2 Account#4 Description 'total Project Cost: 5695,000 This program annually inspects and performs regular maintenance of the City's wells. Well pumps are recommended to be serviced every 8 years. It is recommended that the following pumps and motors be pulled and inspected for wear: 2017-Well#3 and#1 3 2018-Well#7 and#8 2019-Well#14 2020-Well#9 2021 -Well#4 Justification Performing regular maintenance will extend the life of well components,reduce emergency calls and have a more reliable water supply system. Prior Expenditures 2017 2018 2019 2020 2021 Total 405,000 Maintenance 70,000 70,000 50.000 50,000 50,000 290,000 Total Total 70,000 70,000 50,000 50,000 50,000 290,000 Prior Funding Sources 2017 2018 2019 2020 2021 Total 405,000 Water Utility Fund 70,000 70,000 50,000 50,000 50,000 290,000 Total Total 70,000 70,000 50,000 50,000 50,000 290,000 Budget Impact/Other 112 I 1111 2017 Enterprise Funds III700 Water Utility Expenditures 2016 to 2014 2015 2016 2017 2017 2018 Account Description Actual Actual Budget Budget %Inc/(Dec) Estimate 4010 Salaries&Wages-Reg 377,275 379,561 390,000 497,000 27.4% 499,000 4011 Overtime-Reg 29,936 20,375 25,000 25,000 0.0% 25,000 4012 Stand-By Pay 6,832 6,982 7,000 7,000 0.0% 7,000 4020 Salaries&Wages-Temp 22,258 30,848 24,000 24,000 0.0% 24,000 4021 Overtime-Temp 1,041 760 1,000 1,000 0.0% 1,000 4030 Contributions-Retirement 61,364 69,140 64,000 78,000 21.9% 81,000 4040 Contributions-Insurance 63,831 64,371 75,000 94,400 25.9% 107,100 4050 Workers Compensation 13,902 15,814 15,000 18,000 20.0% 20,000 4060 Unemployment 655 - - - 0.0% - * Total Personal Services 577,095 587,851 601,000 744,400 23.9% 764,100 4120 Supplies-Equipment 7,148 10,056 7,200 9,000 25.0% 9,000 III 4130 Supplies-Program 354 0.0% 4140 Supplies-Vehicles 2,532 3,460 3,500 3,500 0.0% 3,500 4150 Maintenance Materials 12,000 12,027 16,000 14,000 (12.5%) 15,000 Il 4160 Chemicals 3,812 11,257 4,000 8,000 100.0% 8,000 4170 Motor Fuels&Lubricants 14,728 12,725 18,000 16,000 (11.1%) 16,000 4240 Uniforms&Clothing 1,847 2,083 2,000 2,400 20.0% 2,400 4250 Merchandise for Resale 92,046 129,055 110,000 110,000 0.0% 110,000 111 4260 Small Tools&Equipment 3,971 2,773 3,000 3,000 0.0% 3,000 * Total Materials&Supplies 138,438 183,436 163,700 165,900 1.3% 166,900 4300 Fees,Services 63,463 51,345 60,000 60,000 0.0% 60,000 II 4301 Auditing 6,000 6,555 7,200 7,200 0.0% 7,200 4310 Telephone 7,826 7,713 8,000 8,000 0.0% 8,000 4320 Utilities 134,672 131,826 189,000 140,000 (25.9%) 140,000 4330 Postage 8,348 7,784 8,000 8,000 0.0% 8,000 4340 Printing&Publishing 1,576 1,677 2,000 2,000 0.0% 2,000 II 4350 Cleaning&Waste Removal 560 673 600 800 33.3% 800 4360 Subscriptions&Memberships 974 831 600 1,000 66.7% 1,000 4370 Travel&Training - 3,224 1,973 4,000 4,000 0.0% 4,000 4410 Rental-Equipment 3,581 4,998 4,000 5,000 25.0% 5,000 4440 License&Registration 128 - - - 0.0% - 4483 Insurance-General Liability 14,435 13,000 20,000 20,000 0.0% 20,000 Ill 4509 Remit to Other Agencies 51,375 51,927 52,000 52,000 0.0% 52,000 4510 Repair&Maintenance-Building 1,144 3,972 4,000 4,000 0.0% 4,000 II 4520 Repair&Maintenance-Vehicles 259 26, 2,701 1,500 1,500 0.0% 1,500 64p 4530 Repair&Maintenance-Equip 953 48,368 35,000 40,000 14.3% 40,000 4550 Repair&Maintenance-Water 104,715 114,651 120,000 120,000 0.0% 120,000 4552 Emergency Repairs-Water 43,959 91,926 75,000 75,000 0.0% 75,000 4807 Property Tax Expense 556 - - - 0.0% - 4933 Sales Tax 1 - - - 0.0% - * Total Contractual Services 473,749 541,920 590,900 548,500 (7.2%) 548,500 4707 Software 117 - - - 0.0% - * Total Capital Outlay 117 - - - 0.0% - ** Total Expenditures 1,189,398 1,313,206 1,355,600 1,458,800 7.6% 1,479,500 i_.-- SIGNIFICANT CHANGES DESCRIPTION OF CHANGE 2017 4010 Salaries&Wages-Reg West Water Treatment Plant Operator added for construction phase beginning in 2017. 20111 81 FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR WELL MAINTENANCE PROJECT NO. 17-03 THIS AGREEMENT, made this 13`" day of March, 2017, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("Owner") and KEYS WELL DRILLING ("Contractor"). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement; B. Addendum No. 2 dated March 1, 2017; C. Addendum No. 1 dated February 23, 2017; D. Specifications dated February 22, 2017; E. City of Chanhassen General Conditions of the Construction Contract, F. Quote/Bid dated March 3, 2017. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "F" having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amount of Seventy -Six Thousand Eight Hundred Seventy and 00/100 ($76,870.00). 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 %i percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC -134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC -134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5. COMPLETION DATE/LIQUIDATED DAMAGES. A. The Work on Well #8 must be completed on or before May 15, 2017 and work on Well #13 must be completed on or before November 1, 2017 and ready for final payment in accordance with the General Conditions by November 15, 2017. B. Contract and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 5.A. above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $ 250.00 for each calendar day that expires after the time specified in Paragraph 5.A. for Completion until the Work is complete. 2 Daily costs are based on MnDOT Table 1807-1, "Schedule of Liquidated Damages as follows: TABLE 1807-1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount From More Than To and Including $ $) Charge Per Cal. Day c$) 0 25,000 75 25,000 50,000 125 50,000 100,000 250 100,000 500,000 500 500,000 1,000,000 750 1,000,000 2,000,000 1,250 2,000,000 5,000,000 1,750 5,000,000 10,000,000 2,500 10,000,000 ---- 3,000 6. CONTRACTOR'S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures 3 of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any rd Subcontractor. (4) The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non- contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: Property Damage: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non -owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 11. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. C1l F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. Governing LawNenue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses; Rights -of -Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and 7 completion of the Project. The City will obtain all necessary rights-of- way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights-of-way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF CHANHASSEN BY: aJ Denny La/u, n urger M Jayo�r� BY: >/—:A .-✓'' Todd Gerhardt, City Manager KEYS WELL DRILLING Z� 4// N rey �ys' B Its AIA Performance Bond CONTRACTOR: (Name, legal status and address) Keys Well Drilling Company, Inc. 1156 Homer St Saint Paul, MN 55116 OWNER: (Name, legal status and address) City of Chanhassen 7700 Market Blvd Chanhassen MN 55317-8363 CONSTRUCTION CONTRACT Date: 03/13/2017 Amount: $ 76,870.00 Document A312TM -2010 Bond Number: 2342827 SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance Company 8401 Greenway Blvd, Ste 1100 Middleton, WI 53562 Description: Well Maintenance Project No. 17-03 Chanhassen, MN. (Name and location) BOND Date: 03/21/2017 (Not earlier than Construction Contract Date) Amount: $ 76,870.00 Modifications to this Bond: FXXXXI None See Section 16 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Keys Well Drilling Company, Inc. West Bend Mutual In4rance Company Signature: Signature: 1 Name and Title: EY President Name and Title: NICOLE M. COTY , Attorney�cln-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: BEARENCE MANAGEMENT GROUP LLC (Architect, Engineer or otherparty.) 2010 CENTRE POINTE BLVD. MENDOTA HEIGHTS, MN 55120 (651)379-7800 AIA Document A312- — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected Inst. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in .� severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 09:36:54 on 02116/2017 under Order No. 0922412791 which expires on 02116r2018• and is not for resale. User Notes: (369ADA16) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety, and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the.Contractor, with the. consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312' — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA-' Document is protected Inst. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA91 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:36:54 on 02116MI7 under Order No. 0322412791 which expires on oy16C2e18• and is not for resale. User Notes: (3139ADA16) § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refiises or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. AIA Document A312TM — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:36:54 on 02nsn017 under Order No. 0322412791 which expires on o2n6noie, and is not for resale. User Notes: (389ADA16) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seal) Company: (Corporate Seal) Signature: j Signature: N J A Name and Title: Name and Title: Address: Address: AIA Document A312TM —2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at o9:36 54 on 02116/2017 under Order No. 0322412791 which expires on o2/16/2o1e, and is not for resale. User Notes: (3B9ADA16) A I A Payment Bond CONTRACTOR: (Name, legal status and address) Keys Well Drilling Company, Inc. 1156 Homer St Saint Paul, MN 55116 OWNER: (Name, legal status and address) City of Chanhassen 7700 Market Blvd Chanhassen MN 55317-8363 CONSTRUCTION CONTRACT Date: 03/13/2017 Document A312TM -2010 Bond Number: 2342827 SURETY: (Name, legal status and principal place of business) West Bend Mutual Insurance Company 8401 Greenway Blvd, Ste 1100 Middleton, WI 53562 Amount: $ 76,870.00 Description: Well Maintenance Project No. 17-03 Chanhassen, MN. (Name and location) BOND Date: 0312112017 (Not earlier than Construction Contract Date) Amount: $ 76,870.00 Modifications to this Bond: 0 None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Keys Well Drilling Company, Inc. 0 See Section 18 Signature: Name and Titl , JRte' , President SURETY Company: (Corporate Seal) West Bend Mutual Insurance Company Signature:11 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Name and Title: NICOLE M. COTY , Attorney -16 -Fact (Arty additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Nam e, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: BEARENCE MANAGEMENT GROUP LLC (Architect, Engineer or otherparty.) 2010 CENTRE POINTE BLVD. MENDOTA HEIGHTS, MN 55120 (651)379-7800 AIA Document A312TM —2010 Payment Bond, The American Institute of Architects. All rights reserved. WARNING: This AIA8 Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 09:41:16 on 02116/2017 under Order No. 0322412791 which expires on ovimoia, and is not for resale. User Notes: (3B9ADA10) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to famish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations Under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312T —2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA!,' Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software / at 09:41:16 on 02/16/2017 under Order No. 0322412791 which expires on =1612018, and is not for resale. User Notes: (3B9ADA10) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly fiimish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAI Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:41:16 on 02/162017 under Order No: 02/16,2018, which expires on 02/16rz018. and is not for resale. User Notes: (sesnDAlo) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: N lk Signature: Name and Title: Name and Title: Address: Address: AIA Document A312- — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIAII Document Is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 09:41:16 on 02116/2017 under Order No. 0322412791 which expires on 02/16/2018, and is not for resale. User Notes: 1389ADAi0i CORPORATE ACKNOWLEDGMENT STATE OF Minnesota COUNTY OF Ramsey On the 21st day of March 2017 . before me personally appeared , Jeffrey W. Keys to me, who being duly sworn, did depose and say: thatAe resides in Cottage Grove, MN --that Ae is the President of the Keys Well Drilling Company, Inc. the corporation described in and which executed the foregoing instrument; that,alhe knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the kia of said corporation; and thatAe signed be/his name thereto by like order. NADINE G. KELLY (S NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31.2020 ovary Pubic ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 21st day of March 2017 before me personally appeared, Nicole M. Cott/ to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of West Bend Mutual Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and'd ed of said corpora ' n. ��i✓��--- (SEAL) Nota 1 Public + ia PATRiCW MARIE ROWAN a Notary Public Minnesota My (:ommissimEx esJanu3 31.2020 WEST BEND A MUTUAL INSURANCE COMPANY - 2342827 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: NICOLE M. COTY lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Seven Million Five Hundred Thousand Dollars ($7,500,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney -In -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate alto be hereto duly attested by its secretary th' 1st day arch, 2009. Attest Ja je J. Pa °°WORATe'%, Kevin A. Steiner Secary:� SRAT• �O Chief Executive Officer I President State of Wisconsin.......... .......... County of Washington ......... On the 1 st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. xx * NOTARY `*' John . well '•:a PUBLIC ; ? Executive Vice President - Chief Legal Officer °y�� ..... ::?y` Notary Public, Washington Co. WI WISG-' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 21 day of March , 2017 Jew•-.._..-... ////n i.* SRAT, `j; Dale J. Kent Executive Vice President - ro Chief Financial Officer NOTICE: Any questions concerning this Power of Attorney maybe directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company 8401 Greenway Blvd. Suite 1100 1 P.O. Bos 620976 1 Middleton, Wl 53562 1 ph (608) 410-3410 1 www.thesilverlining.coin ACORO® �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/21/2017 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: Becky Perron CIC Bearence Management Group PHONE (651) 379-7800 AIC No: (651)379-7801 INCN E-MAIL ADDRESS: bP erron@bearence.com 2010 Centre Pointe Blvd INSURERS AFFORDING COVERAGE NAIC # INSURERARe ent Insurance Company 24449 Mendota Heights MN 55120 INSURED INSURER B Nav1 ators Insurance Company 42370 INSURERC: Keys Well Drilling Company INSURER D: 1156 Homer Street INSURER E: UC10400919 INSURER F: St Paul MN 55116-3232 COVERAGES CERTIFICATE NUMBER:CL166237190 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 LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGET RENTED 100,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 UC10400919 6/1/2016 6/1/2017 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY ] JECT F-]LOCPRODUCTS GENERAL AGGREGATE $ 2,000,000 - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY EO COMBINED SINGLE LIMIT nt $ 1,000,000 BODILY INJURY (Per person) $ A XANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS URA0400919 6/1/2016 6/1/2017 BODILY INJURY Per accident) $ X NON -OWNED HIRED AUTOS Ix AUTOS PROPERTY DAMAGE P $ er accident UMBRELLA LIAB Xd OCCUR EACH OCCURRENCE $ 5,000,000- 000 000B AGGREGATE $ 5,000,000 B X EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ CH16EXC858334IV 6/1/2016 6/1/2017 A WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE (MandatoryEMBER in NH EXCLUDED? ( rY 1 If yes, describe under DESCRIPTION OF OPERATIONS below NIA UWC0400919 6/1/2016 6/1/2017 OTH- X STATUTE I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Well Maintenance Project No. 17-03 Certificate holder and others required by the subcontract are included as additional Insureds in regard to the General Liability 6 Umbrella/Excess Liability where required by written contract on a primary and non contributory basis including completed operations. Blanket Additional Insured applies to the Auto Liability policy when required by written contract. Blanket Waiver of Subrogation applies to the General Liability, Auto Liability, Work Comp and Umbrella policies when required by written contract. VCR I Ir'11.A I C r1ULUCK City of Chanhassen 7700 Market Blvd. P O Box 147 Chanhassen, MN 55317 ACORD 25 (2014/01) INS025 r2014011 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE L Field, Jr. /PERRON -- —" ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD