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HomeMy WebLinkAboutContract 1633 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between thjr~ITY OF COLUMBIA 1t[~ GHTS, ]~[NNESOTA, (hereinafter called OWNER) and ~7~4'~' ~ ~4cn.% (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: LINING 1,170 L.F. OF 8" VCP SANITARY SEWER ON 3R~ STREET AND 670 L.F. OF 15" RCP SANITARY SEWER ON 45TM AVENUE ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: · 2001 SANITARY SEWER LINING: CITY PROJECT NO. 0103 AND 0104 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment 17 The Work will be substantially completed on or before May 31, 2002, and completed and ready for final payment in~ accordance with paragraph 14.07 of the General Conditions. 4.03 Liquidated Da~nages CONTRACTOR and OWNER recognize that time is of the essence of this ~ and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for fmal payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit A. As provided in paragraph 11.03 of the General Conditions, estimated quantifies are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 &tbmittal and Processing of Payments CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 18 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGIN ER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payment previously made; and 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 5% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 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 19 of the Work. 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. 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 Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done 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 of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 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. 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. 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. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 CONTRACT DOCUMENTS 20 9.01 Contents A. The Contract Documents consist o£the £ollowing: 1. This Agreement (pages __ to __inclusive); 2. Performance Bond (pages __ to __ inclusive); 3. Payment Bond (pages __ to inclusive); 4. Other Bonds (pages __ to __ inclusive); 5. General Conditions (pages to __, inclusive); 6. Supplementary Conditions (pages __ to , inclusive); 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings consisting of 2 record drawing plan sheets. 9. Addenda (numbers to__, inclusive); 10. Exhibits to this Agreement (enumerated as follows): 11. Notice to Proceed (pages __ to , inclusive); CONTRACTOR's Bid (pages __ to __., inclusive); Documentation submitted by CONTRACTOR prior to Notice of Award (pages to __., inclusive); d. ; The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: Written Amendments; Work Change Directives; Change Order(s). The documents listed in paragraph 9.01 .A are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Ter~ns 21 10.02 10.03 10.04 10.05 Terms used in this Agreement will have the meanings indicated in the General Conditions. Assignment of Contract No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Successors and Assigns OWNER and CONTRACTOR each binds itself, its parmers, 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. Severability 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 provision. Other Provisions (if applicable). 22 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on /~. /"~' ,2001(which is the Effective Date of the Agreement). O~VNER: Gary Peterson, Mayor [CORPORATE SEAL I{ERE] Address for giving notices: CONTRACTOR: Lametti & Son~: Inc. Fr~ R. Chase, Vice President [CORPORATE SEAL ItlgREI Att~ Address for giving notices: 16028 Forest Blvd. N. P.O. Box Hugo, Mn 55038 477 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement). License No. (Where applicable) Agent for service of process: Designated Representatiye: Name: Addressl (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Nam~~,~~e:~Designat d R ,re tat e: A Ad&es~. q/. ~.~. Phone: 74 :~/~7'g9~' -- ..~' ~'ae~ Phone: Facsimile: ~;t~ 3~/~d~-~7't~ / Vacsimile:'(~ 23 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between thj~ITY OF COLUMBIA I-I~. GHTS, ~[tNNESOTA, (hereinafter called OWNER) and (~'~/gt.n~ ' ,~g,'t,t~C 5~--n.% (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: LINING 1,170 L.F. OF 8" VCP SANITARY SEWER ON 3m~ STREET AND 670 L.F. OF 15" RCP SANITARY SEWER ON 45TM AVENUE ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: · 2001 SANITARY SEWER LINING: CITY PROJECT NO. 0103 AND 0104 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for &tbstantial Completion and Final Payment 17 4.03 The Work will be substantially completed on or before May 31,2002, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions. Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agoaml and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit A. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 &tbmittal and Processing of Payments CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02.A:1 and 18 6.03 6.02.A.2 below. All such payments ~vill be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as.the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payment previously made; and 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 5% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. Final Payment Ao .Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance 19 Eo Ho of the Work. 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. 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 Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done 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 of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 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. 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. .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 whtten 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. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 CONTRACT DOCUMENTS 20 9.01 Contents A. The Contract Documents consist of the following: 2. 3. 4. 5. 6. 7. 8. 9. Co This Agreement (pages to __ Performance Bond (pages __ to __ Payment Bond (pages __ to Other Bonds (pages __ to __ inclusive); inclusive); inclusive); inclusive); General Conditions (pages __ to __., inclusive); Supplementary Conditions (pages __ to __., inclusive); Specifications as listed in the table of contents of the Project Manual; Drawings consisting of 2 record drawing plan sheets. Addenda (numbers __ to , inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages __ to __, inclusive); b. CONTRACTOR's Bid (pages __ to , inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages.__ to __, inclusive); d. ; 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). The documents listed in paragraph 9.01 .A are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MiSCELLAIVEOUS 10.01 Terms 21 10.02 10.03 10.04 10.05 Terms used in this Agreement will have the meanings indicated in the General Conditions. Assigmnent of Contract No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. &tccessors and Assigns 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. Severability 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 provision. Other Provisions (if applicable). 22 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions o£ the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on /~-¢/. /'~ ,2001(which is the Effective Date of the Agreement). OWS~ER: G~ry Pet/rson, Mayor [CORPORATE SEAL FW~RE] Atte '~ - . ~ Address for giving notices: By: CONTRACTOR: L~metti ~& S~ns~ Inc. Fred R. Chase, Vice President [CORPORATE SEAL me~REI Attest Address for giving notices: 16028 Forest Blvd. N. P.O. Box Hugo, Mn 55038 477 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement). License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a parmership, attach evidence of authority to sign.) Designated Representafiye: Name: //~/~ /~//~A/5£.,4/ Title.'~t~ ~ ~~ ~¢~'/~r ~ ~' Address~ ~--ff~ ~ Designated Representative: Name: Title: Address: Phone: Facsimile: 23 BOND NO: 400SH7737 Construction Performance Bond Amy sinzular reft-fence to the Contr_amor. Suraw, Owner or other parry shall be considered plural where applicable. CONTRACTOR (Name and Address): LAMETTI & SONS, INC. P.O. BOX 477 HUGO, MN 55038 OWNER (Name and Address): CITY OF COLUMBIA HEIGHTS 637 38TH AVE. NE, COLUMBIA HEIGHTS, MN 55421 CONSTRUCTION CONTRACT Date: _NOVEM~BEg.33, 2_Q91~ . AIIIOUZlt: FIFTY SIX THOUSAND FIVE HUNDRED FORTY AND NO/100 Description (Name and Location): 2001 SANITARY SEWER LINING CITY PROJECT NO. 0103 AND 0104 SURETY (Name and Principal Place of B~iness): ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 WASHINGTON STREET ST. PAUL,' MN 55102 ($56,540.00) BOND Date (Not earlier than Construction Contract Date): NOVEMBER 20, 2001 2~mounU FIFTY SIX THOUSAND FIVE HUNDRED FORTY AND NO/100 Modifications to this Bond Form: NONE ($56,540.00) CON-TP, ACTOR AS PRINCIPAL Compang: ~ /r',x~x (qqrp. Seal) LAMETTI ~. S,~!~~ Name and Title: Fred R. Chase, Vice President SUP~ETY Company: (Corp..Seal) ST. PAUL FIRE AND MARINE Name and ~ MYRA BORCHERS, ATTORNEY-IN-FACT CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature:. Name a_nd Title: SURETY Company: (Corp. Seal) S ig-nature: Name and. Title: ~JCi~C No. IDIO-2,¢.~. (i98"* /:~di~it~n) A~ociared Gener~ Conmcmrs of~cfica, and the American Instlrurc of Archhccts. 24 Thc Contractor and the 5ureD', jointly and severally, bind thcn~cb'cs, their heirs, ~.~e:utms. adminisrry, torS. successors ,,nd ~signs to the Owner tbr the pert'Oh"ne.ncc uf the Construction CohO'act, which is incorporated herein by mfkr=noe. 2. If the Contractor performs thc Construction Con=act, the Surety and the Conwaclor shall have no ob;ibm{on under this Bond, exert to parncipate in conferences ~ provided in Subpamgr'aph .3.1. 3.. If there is no Owns- D~fi,.ak, thc gum,.D"s obllgsdon under this Bond shall arise after: 5. l. The Owner has notified the Contractor and die Surety at ih address described in Paragraph I0 beloW, considering declaring a Contractor Default and has requested -',nd anerrrpted to arrange a conference with the Con mactut and the Surer5, rn be held not lateT than t'ifteen days after mcoipt at' such notice to discuss methods n fpcrforrning the Consci~ccion C'onmact. fi[he C),.vncr, the Con,actor and the Su.rety agree, thc Contraclor shall be allowed a m~onablc time to perl'on-n the Constraction Conbmct, hut such an agreement sMll not w=ive the Ov,'ncr's right-, ir any. subsequently to decl~e a Cane'-actor Default; and 3.2, q'nc O~,n~ has declared a Cone. mci:or l~Cauh and for'molly tm-r'rdnated the Contr'xctor's fight to ¢ornplcte the confine:. Such Contractor Dc.hull shall not be declared earlier than rwen~ days after ~.he Contr'acmr and thc SureD' Mve received notice as provided in Subpara_m~-ph 3.1; and 3.3- Thc Ow.nc~. h~ agreed to pay the B al:m~ o f the Cum=zee Prlce to the Surety in accordance with thc t~rrr~ nitre Construct'/on Con~ract or to ~. Con.*,rructior~ Contract itl accordance with th.' ~:rms of the conmact x.,,'{th the Own~'r, 4. When the ©w'n.r ha.,; ~tkfied the renditions o£Para~aph 3, the Surety shall promptly and at the Sun:ty's expense rake one of e~e foUowing actions: 4.1. ,.'~'ange for Ibc Contr'zclor, with cons~t of perlbrrn and complete [he Cons~'~uc'[ion Contract; or 4.2. Undcr~kc to per'form and complct,: thc Construction Con react itsclfl through its agents or through {ndupendcnr contractors: or ,1.3. Obtain bids or negotiated propes:rls for qualified zoner'actors acceptable to thc Owner for a coho'act for performance and completion of the Construe lion COhO'act. an-anco fora con z'act to be prcpartd for execution by thc Owner and thc conb-acter selected with. the Owner's concurrence, to perle rrm~nce and pa.,,'mc'nt bonds executed ,by a qualified surety equivalent to 0.m honda ix4ucd on thc Construction Contract, .',qd paYto the Owner thc amount of d,,mages as described in Pa.r'ag~ph 6 in exce~s o£ the Bahnc= of the Conrp~:t Frier incurred by the Owner resulting from the Contractor's defau h: or ~.4. W'qve it~ right m perform and complete, a.~ngc for completion, er obtain a new contractor and with reasonable pmrrrpmess under thc cireunm~,'mces: l. After invesdgmion, determine thc arru'~unt for which may bc liable to the O~.ner and. as soon as practicable a'ftcr t= amount is dctcnnlned, tender payment therefor to the Owner, or 2. Deny liability in whole or in pan and netiYy the O,~'ner citing reasons therefor, 5. If the Surety docs not p.roceed a.s provided in Paragraph 4 with reasonable prompm~5, the Surely slmlt bc deemed to b<: in dx:fault on this Bond fifteen day s afle~ receipt of an additional and -,-rhten notice fi.om the Owner to the Sur:ry dcrrunding that thc Sure. fy pc-A'orrn its obligalio~ under this Bend. and rfc Owner shall be earn=al'to enforce ~y remedy available te th= Ow'nm'. If the Sate'fy proceeds Subpar'a=~ph a.a, and. the O',,m=r re['~cs thc payment tendered or thc Sure~; h~ denied llab{li'ly, in whole nr in part. without further notice the Owner shall be entitled to. enforce any remedy available to the Owner, i0, After the Owner h~ terminated the Con~uctor's right to complete the Cons=-uction Con'~act, ,,nd if the Surety ,'/eels m act .under SubpanD'aph 4.l, 4,2, or 4.3 a'oovc, thc'n the responsibi/kies of the Surety, to thc O,amer shall not bc greater lMn those of the Contractor under the Consmact/on Contract, =.nd ~e responsibilities of the Owner to the Safety shall not be g"reatcr th,n those of thc O-~.'ne.r under the Consmiction Con=act. To thc limit of the amount of this Bond, subjec~ ro commit, mcat by thc ~-rncr of ¢c Balance of ge P~ce to mitig~adon ut'costs and damages on the Construcnon Contra:t. [he Surety is obligated without duplication for: 6 l Thc responsibilities of the Can=actor for correction fur dcl%c6ve work and completion o[" thc Construction Contract. 6.2 Additional leant, design professional and cletay costs resulting form thc actions or hilum to act of the Surety under Paragraph 4; and 63 Liquidated damages, or if no liquidated dm'r~ges are rpccificd in the Conzruction Contract, acv,,t tankages caused by deb. yed pe~onn,,nce or non.perfunv..anoe o['thc Con~,-actor. The Sure~' s~all not b~ liable to *he Ownm- or othe~ for obligations o£ the Contractor that are unrelated w [h~ Cormmtcfion Contract. and the Balance of the Con~'act Pr/ce shall not be reduced or set off on account o£ any such unrelated obligations. No right of action shall accede on this Bond to ~ly persoa or entity other than the Owaer or its heir, czceutom, administrators, or The Surety hereby waives nc, rice o£any chansc, including ch;rages of' hrr~. ~o thc Construction Contact or m related subcmm-acrs, purchase orders and other obligations. Any proceeding, legal or equitable, under this Bond may be instituted in any cour~ ofcompctc'ntjurisdicfion in thc location in which the work or pan' of thc work is located and shall be in.sfituted w/thin t~'o years after Conrracwr Default or within ~-o years after the Contractor ceased working er',,,,'i[hin two y~rs aP, re the Surety refuses or fails to perform its obligations under ~his Bond. whichever occurs first, If thc p~vuions of this Pamg;'"sph are void or prohibited by la'.',', the m,nimum period of lira/ut/on available to sue=tics a.a a defense in thc jurisdiction of the sub shall be applicable. Notice to the Sucre', the Owner or the Con=ecu:tot shall be mailed or delivered to the address sho'.vn on thc signature page. Whc.n this Bond h~ bccn furnished to comply wi;ha sra'mtory or other legal requirement in the location where the construction was to be per'r"om~ed, an)' provision in this Bond conflicting .,vi~h ~id statutory or legal requirement shall be dec mod deleted here from m"~d provisions conforming to such ~;mtutory or other legal requirerne'nt sls~lJ be deemed incorporated herein. Thc intent is that this Bond shall bc consu'ued zs a stututury bond and not aS a common law bond. [Xriniuons: 12. I Balance of the Contact Pr{ce: 'l'3te total amount payable by thc O~-ner to thc Conu=ctor under thc Construction Contact Jter all proper adjustrnenu 1-,a,,e been made, including allowance to the Contractor of any amounts received or to be recewcd by :he Owner in ~rdement of insurance or other claims for damages to which the C0nrr'acter is entitled, reduced by all ~,'alid and proper pa>,'mmt~ made to or on behalfofthc Co,tractor under the Construct/on Contract. ILl. ConstruCtion C'.on~ct: Thc a~eemrnt be~ the C)'*qicr and the Contractor identified on the signature page, including all Contract Docurr~nLq and ch:~ngcS thcrmo. 12.3 . Con=actor De'four: Fail,re of the Conic.ac,tot. which has neither been remedied nor waived, to pen%rm or other',.visc to comply whh the terms of the Construction Contract. !2.4. Ov.-ner IXfauh: Failure of the Owner. which has nc/thee been rcmcd{mt nnr waived, to ~ay the Corltrq-etor as required by thc C=nstructlon Contrac~ or to !::x--~'orm and complete or comply ~'hh thc other terms thor:of. (FOR INFOR~MA'£ION ONLY -Norm:, Added.ss and Tdcpnon=) AGENT or BROKER.: ACORDIA OWNERS R.E. PR.ESF_.NT/,.TIV'E (Architcch Engineer or o~hcr parry): 4300 MARKETPOINTE DRIVE, BLOOMINGTON, MN 55435 952-830-3000 g600 25 CORPORATE ACKNOWLEDGMENT STATE OF Minnesota COUN/YOF Washington On this 20TH day of NOVEMBER, 2001 befOre me personally appeared Fred R. Chase to me known, who being by me duly sworn, that he is the Vice President of the LAMETTI & SONS, INC. the corporation described in and which executed the foregoing instrument; that he 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 Board of Directors of said corporation; and that he signed his name thereto by like order. ~'~.~ LUCILLE F SCHWARTZ ~rnlssl0n Expires 01/31/0[~ (Notary Seal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 20TH day of NOVEMBER, 2001 before me appeared MYRA BORCHERS to be known, who being by me duly sworn, did say that she is the aforesaid Attorney-in-Fact of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was 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 deed of said corporation. Notary Public, ~~/~~ (votary Seal) NOTARY PUBLIC - MINNESOTA iViy Commissio~ Expires 1-31-2005 POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22550 Certificate No. 9 3 3 4 5 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and tbat St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do bereby make, constitute and appoint Craig Remick, Tony D. Becker, Nathan P. Hughes, Myra Borchers, Gary K. Wefel, Steven C. Aronson, Gary R. Woodward, Laurent R. Laventure, Diann M. Boesch, Carol M. Conley, Brenda Pfeifer and Janet D. Buerg State of Maryland City of Baltimore On this 22nd Bloomington Minnesota of the City of State their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, underratings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeina bonds ,and undertakings reqfiired or pernfitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies bave caused this instrument t~ Ca ~igned:~h~ s~ied thi§ :22nd day of May 2001 Seaboard Surety Company ~ : onlted States Fidelity and Guaranty Company St. Paul Fire and Marine Insurafi~ Compan~ Fidelity and Guaranty Insurance Company St. Paul Guardian Insuranc~ Q~Pany:: : Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company ~ i ~ ~ THOMAS E. HU[BREGTSE, Assistant Secretary day of May 2001 , before me, the undersigned officer, personally appeared John E Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretly, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Comply, St. Paul Guardian Insur~ce Comply, St. Paul Memury Insur~ce Company, United States Fidelity and Guaranty Company, Fidelity and Gu~anty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the co¢orate seals of said Companies; and that they, as such, being authorized so to do, executed fl~e foregoing instrument for the purposes therein contained by signing the names of the co~orations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. Construction Payment Bond BOND NO: 400SH7737 Any shmulxr reference to the Contractor, Surety, O,xmer or other r>arw shall Be considered plural where applicable. CONTRACTOR ('Name and Address): LAMETTI & SONS, INC. P.O. BOX 477 HUGO, MN 55038 05VN!2~ ('Name and Address): CITY OF COLUMBIA HEIGHTS 637 38TH AVE. NE, COLUMBIA HEIGHTS, MN CONSTRUCTION CONTRACT Datel NOVEMBER 13, 2001 AlllOU~lt: FIFTY SIX THOUSAND FIVE Description (Name and Location): 2001 SANITARY SEWER LINING CITY PROJECT NO. 0103 AND 0104 SURETY (Name a_nd Principal ?[ace of Business): ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 WASHINGTON STREET ST. PAUL, MN 55102 55421 HUNDRED FORTY AND NO/100 ($56,540.00) BOND Dare (Not earlier than Construction Con~'act Date): NOVEMBER 20, 2001 .~'llOU/lt'. FIFTY SIX THOUSAND FIVE HUNDRED FORTY AND NO/100 Modifications 'm this Bond Form: NONE ($56,540.00) CONTRACTOR AS ?RINCIPAL Company: . ("x, _N ((~P' Seal) LAMETTI &"~©~,~, ~I~/. ~ Name and Tk!e: Fred R. Chase, V~ce President ST. SU'~ETY Company: (Corp. Seal) PAUL FIRE AND MARINE INSU.~CE_ COMPANY Signature:~x-~ Name and li~7 MYRA BORCHERS, ATTORNEY-IN-FACT CONTRACTOR AS PM-NCIPAL Company: (Corp. Seal) Signature: Name and Title: SUPJSTY Company: (Corp. Seal) Sig-nature: Name and Title: BOCDC No. 1910-2gB (i984 E~ri0n) Prepared through the jom~ :fforrs of the Surety Association of America, E. ngineers Joint Contract Document~ Cornm.ir~ee, The A,,:~oci~.~ed GcmcraI Con~rxe..."ror.~ of .America, and ~e American Institute o£ Architects, American Subcontractors Associat/on, ~d the Associated Special~ Con~actor~. Repr/med 10./90 26 l, Tnt Contractor and the Sue:IV, jointly and severally, bind them. se}yes, their heirs, executors, adminbtrato~, suocessom and ass{~ 1o the O~er to pay for la~or, mat~aJs and equipment furnished for use in the ~o~ncc of thc Cons~cfion Con.ct, 2 With res'peet to ~e Owner, this obligation sMtl be null and void the Con~=tor: sums duz Claimants, and 2.2 ~cnds, inde~ifics and 8olds hannlca~ ~e O~er clai~, de~nds, li~s or gui~ by any ~son or whose claim, de.nd, li~ or suil is ~or pa~nent lot labor, ~t~als at eqtmipm~t furnished for usc in ~he pcffo~nee of thc Confucian Con.ct. provided ~c O~er has pro~tly notified thc Con~ctor ~d the Sure~ (at addr~g descNbcd in P~ph 12) of any clai~, dc~nds, dz~ds, Ii~s, or sui= to thc Canceler and th~ Sur=~, and provided th~ is no O~=~ 3. With aspect to Clalman=, this obligation flail be null and void if the Con~ctor ?rdmptly mak~ pa)~nt, direcdy or indirectly, for all xu~ duc. ~. Toe Su~D' sMIl Mve no obligation to Cl=imanrs under ~ix ~ond unlil: 4.1 Cl=i~nls who g~ cmpbyed by or have a direct con~ct ~th the Can--t have Wen no,ice m the SureW (at file address d~cfi~d in P=a~ph 12) ~d sent a copy, or notice thc~og to ~e O~er smdng that a claim is being ~8: und~ ~i5 Bond and, ~ subset{al ~ur~y, the Claiman= ~ho do no have a dircc~ eon~c~ with thc Con~ctor: 1. H=v: fumbhed ~q~Cll notiee to the Con=actor sad sent ~ copy, or notice th~cog to the O~cr, w~thin 90 days at~=r M~ing 1~ ~ffo~d labor or ~t furnished ~teHals or equip~nt included in thc clalm ~th substantial occupy, the amount of the claim and thc name of thc pa~ m whom thc ~tcfials wc~ furnished or supplied or for whom the labor wa~ done or penn.ned; and 2. ~vg either ~ceive~ a rejection in ~ole or fo~ th~ C~,n~actor, or not r=cdved ~thin 30 fu~is~ing thc above notice any co~unlcation thc Con~ctur by which the Con~ctor has indieated thc claim '~ll be paid directly or indirm~ly; and 3 Not having been paid ~i~h{n thc above 30 days, sent a whiten notme to thc Snr~ty (at the addTess described in ?a~g=ph 12) ~d s~t a copy, or notice thcref=r, to tht O~cr, sating that a claim is being n~de under this Bond and enclosing = copy of the ~evious ~n n=tice furnished to thc C'.on~ctor 5, Ir a notice required by Paragraph 4 is given by the O~cr Conmacxor or to thc Su~e~, tho; is sut~ci~t compliance. 6. When the Claimant has satisfied thc :ondkions of Pan.apb 4, thc Sure~ sha[~ promptly and at thc Sure~'s expense rake the following actions: fi.i S~d an answ~ to ~= Ctairmnq wi~ a copy the Own~, amounL~ th=r zee undisputed and t~t basis for chzll~ging any arnoun= rMt are disputed, 6.2 Pay er a~nge [br payment for any undisputed amounu 7. ~e Sure~'s :nml obligation shall not exceed the =mount or this Bond, and thc u~unt of this Bond shall be credited roe any p=~en~ ~mde in g~tt hith by thc Surety. g. Amounts ow'ned by the Owner to thc Contractor under the Consemction Con~'~,t shall b~ u~d for the Ixrformance of the Consz-uction Con'=act and to satisfy clairm, it' any, under any Co'nsrruction ?e~ormance Bond. By the Contractor famishing and the Ov.~aer a¢c~ting this Bond they agree that all funds earned by the Con:meter in thc per'fom~ance o[the Construction Contract an: dedicated ta satisfy obligations of she Contractor and the Surety under this Bond, subject Io the Own~'s priority to use the funds for thc completion of thc work. 9. The SureW shall not be liable to the Owner, Clairnanm or at,hers tar obligations of the Con.ct nat are unrelated to The £ortstruction Cont.?act, l-ne Owner shall notbeliable for pnymemof'any costs or c×pm~ses of any Clain'mnt under this Bond, and shall have under this Bond no obligations to make'payments to, give nolic:s on behalfo f. or mhzrwise have obligations to ClaJmanL~ under this Bond. 10, The Surety hereby' waives notice of any cMnge, including changes of fi.me to thc C. onsmaction Contract OF to related xu't~nsngr'acr,:. pumhasc ardors and other obligaricras. No suit or action shall bc commenced by a Clairr~nt under this Bond other than in a court of computer jurisdiction in thc location in which lbo work or part o£work is located of after the ~xpiration of one year fom~ the date (1) on which thc Claimant gave the notice acquired by Subparx.~ph 4. I. or Clause 42 (iii), or (2) on which the last labor or smwiee w~ performed under the Construct/on Contract, whichever of (1) or il) tint occum. Ifth= provi~ions of this p=rag'mph are void or prohibited by law, the minimum period of limitation available m sureties as 'a d~cnsc in zhc jurisdiclJon of lbo suit shall be applicable. 12. Noliee lo the Surety. ~e r.),~ner or [he Contraclor :;hall be retailed or deli,,'crcd to the add~ shown on the signature page. Att'ual receipt of notice by Surety, the Owner or the Contractor, however ~.¢eomplished, shall lx sufficient compliance as of the date received at the address shown on the signature page, 13. When this Bond has been furnished m comply wqth a s~atutory ur other legal rcquln:ment in the lin:alien where the oonstzuction ,.vax to be pe'rforrned, any provision in the Bond conflicting with said s:arutor7 or legal requirement shall be dcm'ned deleted hcmfromand provisions conlbrming to such statutory or other legal roqulrrn'~.mt shall be deemed incnrporaled herdn. The intent is U'mt thi~ Bond sb.~U be cease-ned as a sO. rotary '=end and not a~ a comn,~n law bond. 14. Upon et:quests by any pc"rJon or =~tity opiating to be: pot~mdal beneliciary o{' this Bond, the Contractor shall promptly fl~mish a copy of this Bond or sMll p~nlt a copy to bo mme. 15. DEFrNIT[ONS 15.I Claimant: An individual or rarity having a direct contract with the Contractor or ,.ruth a subcontractor of the Con=actor to furnish bbor, materials or equipment for use in thc performance of the Contract, The intent of this Bond shall be m include without timi~tion in the te. rrn& "labor. materials or equipment" that pan of water, gm':, power, light, heat, oil, g~oline, telephone se~iee or rcn=l equipment used Tn the Consn'ucuon Contract, an:hitectural =ltd enginee:Jng services required for pm'-forrrmncc of the work of the Contractor and ~he Contractor's subconn"aetors, and all other it=ms for which a n'=¢hanio's lien rrmy be asserted {n the jurisdiction where ~he bbor, mate. dais or equipment were rural%cd. 15.2 Construction Conr~cu T'ne agreement ber,~'een iht Owner and th~ Contractor identified on [he de-nature pag:, including all Contract Documents and changes thereto. [5.30,~'ner Dehult: Failure of :he Owner, which has ncither been remedied nor waived, to pay the Contractor or to pc~orm and complete or eumpIy with the other torero thereof. (]:'OP-. INFOR.MATJON ONT,Y - Narrm. Address and Telcphanc} AGENT or ACORDIA 4300 MARKETPOINTE DRIVE, ,0600 OWNI.'.-.F,5 IK. EPR.E. JE'NTP, TI','~ [^rcmu::ct~ F. njirm.~r ear o-,~,wr pnrt~.). BLOOMINGTON, MN 55435 952-830-3000 27 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF Washinqton On this 20TH day of NOVEMBER, 2001 before me personally appeared Fred R. Chase to me known, who being by me duly sworn, that he is the Vice President of the LAMETTI & SONS, INC. the corporation described in and which executed the foregoing instrument; that he 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 Board of Directors of said corporation; and that he signed his name thereto by like order. ,~t¢~~L ILLE F SCHWARTZ mrnissl0n Expires - [,Notary ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF HENNEPIN On this 20TH day of NOVEMBER, 2001 before me appeared MYRA BORCHERS to be known, who being by me duly sworn, did say that she is the aforesaid Attorney-in-Fact of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was 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 deed of said corporation. lgotary Sea'l) POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22550 CertiflcateNo. 9 3 3 4 5 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of tile State of New York, and tbat St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under tbe laws of file State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the Iaws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (hereit~ collectively called the "Compatfies"), and that the Companies do hereby make, constitute and appoint Craig Remick, Tony D. Becker, Nathan P. Hughes, Myra Borchers, Gary K. Wefel, Steven C. Aronson, Gary R. Woodward, Laurent R. Laventure, Diarm M. Boesch, Carol M. Conley, Brenda Pfeifer and Janet D. Buerg State of Maryland City of Baltimore On this 22nd Bloomington Minnesota of the City of State their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and 'all bonds, undertakings, contracts and other written instruments in the nature tbereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pe~itted in any actions or proceedings 'allowed by law. 22nd May 2001 IN WITNESS WHEREOF, the Companies have caused tbis instrume day of Seaboard Surety Company States Fidelity and Guaranty Company St. Paul Fire and Marine Insuraffe~ Compan~ Fidelity and Guaranty Insurance Company St. Paul Guardian Insurane~ ~ang i Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Comphny THOMAS E. I:IUIBREGTSE, Assistant Secretary day of May 2001 , before me, tbe undersigned officer, personally appeared Jobn F. Phinney and Thomas E. Huibregtse, wbo acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Comp~my, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insur~mce Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Wbereof, I bereunto set my hand and official se~. My Commission expires the 13tb day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. CERTIFICATE OF LIABILITY INSURANCE / FAX (651) 644- 9137 THIS CERTIFICATE IS 15SUED AS A MATTER OF iNFORMATION PRODUCER (651)644-7200 Lee F. Murphy, Inc. 2515 Wabash Ave. #300 St. Paul, MN SSl14-2000 INSURED Lametti And Sons Inc. 16028 Forest Blvd. No. P.o. Box 477 Hugo, MN SS038 COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: CNA Tnsurance Companies INSURER B: INSURER C: INSURER D: INSURER E: 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 QR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY .~1 12075063 04/01/2001 04/01/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERALi_z_iLIABILITY FIRE DAMAGE (Any one fire) $ 50,000 I CLAIMSMADE i XI MED EXP (Any one person) $ 5,000 OCCUR A X Includes:X,[ & U INCLUDES BLANKET PERSONAL&ADVINJURY $ 1,000,000 --X--i Employ Excl .Delete ~ONTRACTUA, BFPD "GENE'~AGGREGATE $ 2,000,000 GEN'LAGGREGATEUMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 1,000 000 I I IPR°' i--I ' POLICY JECT LOC AUTOMOBILE LIABILITY C1012071921 04/01/2001 04/01/2002 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ -~ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY - 1012071935 04/01/2001 04/01/2002 EACH OCCURRENCE $ 10,000,000 X IOCCUR r~ CLAIMS MADE :OLLOWING FORM OVER AGGREGATE $ 10,000,000 A ~RTMARY GL,AUTO & WC $ I DEDUCTIBLE $ X RETENTION $ 0 $ VVb ,_':, , ,-, , U- IuIm- WORKERS COMPENSATION ANDEMPLOYERS, LIABILITY WC i 17590024 04/01/2001 04/01/2002 JTORYLIMITSt X IER A E.L. EACH ACCIDENT $ I, 000, 000 E.L. DISEASE-EAEMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESIEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS =roject: 2001 Sanitary Sewer Lining - City Projects 0103 and 0104 J ADDITIONAL INSURED; INSURER LETTER CANCELLATION City of Columbia Heights Attn: Kevin Hansen, P.E. 637 - 38th Ave NE Columbia Heights, MN 55421-3806 ACORD 25-$ (7/97) FAX: (763) 706- 3701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Robert B. Murphy/]MD ~ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-$ (7/97)