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Contract 1520
l io EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY 0 OLUMBIA HEI TS, MINNESOTA, (hereinafter called OWNER) andL d•rvtGE • (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: 2000 STREET CRACK SEALING AND PARKING LOT JOINT AND CRACK SEALING PROGRAM CITY PROJECT 0001(A) 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: Furnishing and installing 23,100 pounds of crack sealant on the streets and parking lots as shown on the project map and location list. • 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 with the completion of the Work in accordance with the Contract Documents. 16 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 A. The Work will be substantially completed on or before June 2, 2000 and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before July 3, 2000.. 4.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of essence of this Agreement 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 by a change order or written amendment. Any claim for an adjustment in the Contract Times shall be based on written submitted by the party making the claim to the Engineer. 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 $25.00 for each day that expires after the time specified in paragraph 4.02 for Completion until the Work is complete and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the work in accordance within 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 17 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 Submittal and Processing of Payments A. 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 A. 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 6.02A. 1 and 6.02A. 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: 1. 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: a. 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 b. 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% ofthe 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 18 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 A. 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 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 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 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. E. 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 19 Documents to be employed by CONTRACTOR, 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 Document. 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 A. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 20 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 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 none. 9. 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. Other: • 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 Orders(s); B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. 21 D. 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 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interest 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. 10.03 Successors and Assigns A. 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. 10.04 Severability A. 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. 10.05 Other Provision (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� °��� 2000 (which is the Effective Date of the Agreement). OWNER: , CONTRACTOR: 7 2'/-/ # I . A 4 1 ; 7 ' 1/ A r _ 4. - & — ' TA 'LW/ � .,� - '� Gary Peters. , Mayor (. - [CORPORATE SEAL HERE] [CORPORATE SEAL HERE] Attest Attest Address for giving notices: Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public License No. body, attach evidence of authority to sign and (Where applicable) resolution or other documents authorizing execution of OWNER - CONTRACTOR Agent for service of process: Thune Tnsurance Agreement). Network, Inc. P. 0. Box 10, Thief River Falls, MN. (If CONTRACTOR is a corporation or a 5 6 7 01 partnership, attach evidence of authority to sign.) Designated Re! - • sentative: Designated Representative: Name: Name: - . Title: , / . 4 Title: Address: 63 7- 21 t ' du L N.E. Address: C /hit/ 55VQ Phone: 7 0 / 7 7. 4 —3 ?:ed Phone: Facsimile: 76 3/7D1 ' 3 7 Facsimile: 23 • ( Zo • A/OW /10- • Contractors Business Name: leR c A - 172— ,�. c, Address: �x /b'ot JrrcJ X0/ e. rvi J 3G 2 Z-- Phone No: L /e'-3 7 4"29 Fax No: /,7 ( f 7 Z_ BID FORM PROJECT IDENTIFICATION: CITY PROJECT NO. 0001 (A) 2000 STREET CRACK SEALING AND PARKING LOT JOINT AND CRACK SEALING PROGRAM BIDS TO BE OPENED: 10:00 A.M. - THURSDAY, APRIL 20, 2000 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 38 AVENUE NE COLUMBIA HEIGHTS, MN 55421 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Biddin Documents and of the followin, Addenda (receipt of all of which is hereby acknowledged): • • Date Number (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the General Conditions, and accepts the determination set forth in Paragraph S.C.4.02 & 4.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all_such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, texts, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 10 • • (g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. (i) Any other representation as required by Laws and Regulations. 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICES: CITY OF COLUMBIA HEIGHTS "2000 STREET CRACK SEALING AND PARKING LOT JOINT AND CRACK SEALING PROGRAM" No. Item Unit 1 Quantity Unit Price Total Price 1 F & I Crack Sealant Pound 23,100 $ _ ' 7 $ l 71/424/ -- TOTAL AMOUNT OF BID: $ / ? V o0 .1 .. . 1 671 .-- / ,.._ � --� -Q tj ' - - . Do C Li s 17v•-•/ f'-"t TOTAL BID WRITTEN IN WORDS • Quantities are indicated for the convenience of the Bidder. Final payment will be based on actual quantities. 5. BIDDER agrees that the Work will be completed as follows: • 2000 STREET CRACK SEALING AND PARKING LOT JOINT AND CRACK SEALING PROGRAM CITY PROJECT 0001 (A) ' I 11 • Final inspection by June 7, 2000, in accordance with Paragraph 14.06 of the General Conditions. • BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of the BID. (a) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. (b) The contractor will complete the Work sequence in accordance with Division 1, Section 4, General Requirements. (c) Affidavit of Non - Collusion. 7. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. 8. The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON: 6; ?-""' / 7 , 2000. 1? If BIDDER is: AN INDIVIDUAL B (SEAL) (Individual's Name) Doing Business As Telephone No: A PARTNERSHIP B (SEAL) (Firm Name) (General Partner) Business Address: Telephone No.: (Continued on next page.) 13 A CORPORATION By 72 22 't'i £t/4 4- ,-Ancl G,,,r*-tii (SEAL) (Corporation Name) (State of Incorporation) By de, j Authoriz Sign) (Name of Person g ) (Title) I ATTEST: 4/10 c (Secretary)] • Business Address: /Pg, X / 7 L -4.- • ( #") 5 - 6 7 2 - 5 Telephone No. 9 7 (19 Y A JOINT VENTURE By (Name) (Address). By (Name) (Address) Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. l• NON- COLLUSION AFFIDAVIT The following Non - Collusion Affidavit shall be executed by the bidder: Project No. D 00 y1fS STATE OF MINNESOTA ss COUNTY OF .AVrumibt ) / (J&M /itq , being first duly sworn, do depose and say: (/ (1) that I am the authorized representative of Ar� 4 (Name of individual, partnership or corporation submitting this proposal) and that I have the authority to make this affidavit for and on behalf of said bidder; (2) that, in connection with this proposal, the said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding; (3) that, to the best of my knowledge and belief, the contents of this proposal have not been communicated by the bidder or by any of his employees or agents to any person who is not an employee or agent of the bidder or of the surety on any bond furnished with the proposal, and will not be communicated to any person who is not an employee or agent of the bidder or of the said surety prior to the official opening of the proposal, and (4) that, I have fully informed myself regarding the accuracy of the statements made in this affidavit. / Signed: Abir �� Bidder or his authorized!rese tative Subscribed and sworn to before me this 7 y of , 2000 :A s! NOTARY PUBLIC -ttSt' N I: Z .` ; : , Not. ry f.I c ? PENNINOTON coy F MY COI. EXP. JAN. al, • My commission expires / — �� , 200S � ti. � .._ . Note: The above affidavit, signed and sworn by the bidder before a person who is authorized by the laws of this State to administer oaths, must be included in the Bidder's Proposal. THE AMERICAN INSTITUTE .OF ARCHITECTS AIA Document A3'/0 Bid Bond KNOW ALL MEN BY THESE PRESENTS,' as Principal, hereinafter called the Principal, and thatwe Northwest. h 1 M 'nt ance In ,,',e,. ,rise,, ,u,, ,,,me ,no o,%,,1:,,,,. , R.R. #2 Box 172 Goodridge, MN. 56725 (Here insert lull name and address o, lelal title ol Suretyl a corporation duly organized under the laws of the State of Tc~ra as Surety, hereinafter called the Surety, are held and firmly bound unto City of Columbia Heights (Here insert full nam and address or lelal lille of C)wfler) Columbia Heights, MN. as Obligee, hereinafter called the Obligee, in the sum of 5% of the amount' bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Rubberized Crack Sealing (Here insert lull name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into · Contract with the Oblisee in accordance with the terms of such bid, and save such bond or bonds as may be specified in the biddin$ or Contract Documents with $ood and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and save such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed ihe penalty hereof between the amount specified in said bid and such larser amount for which the Oblisee may in 8ood laith contract with another party to perlorm the Work covered by said bid, then this obligation shall be null and void, othenvise to remain in full force and effect. Signed and sealed this llth -" // ~ (Witness; '- ,' / (wi,~ess) day of April ~2000 Northwest Asphalt Maintenance, Inc. Keith Boyd - Attorney-in-Fact (Sea;) AIA DOCUMENT A310 · BID BOND · AIA ~) . FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Printed on Rec.~led I'.l.,er 9/93 On this daY. P.f · ., 19 , before me, a Notary Publiq~in and for the County of -.: '!;.:?'{~: )::.' :..' '-'-:,'-.' {o-_Sm~et%n~wn to be th r' personally";.' appeared wh ' ed tl~e' ~":<;" '"";'"'"' ':"':""~: ' '-*' ' "' ' ' e 'pe son(s).d .eS~c~i~.~IOj~nd o execut 1.e.~.e~l.., .~.~ment aaa ac~<nowledged .that My commission expires: (Notary Seal) N0ta.ry Public ? <~,::. : ..... .. .. -.-- " ~" ' -r.::.¥ .'" .. ~'*:..'....: VERIFICATION - RPORATE'PRINCIpAL. STATE OF Minnesota COUNTY OF Pennington On .l~lls 11 day of April , 't~20,0~)efore me, a Notary Public in and for the ~ ~ o~.,,~ ~g~nn ~ate of--Minnesota' , perso~ly ~~ed Brian Solb~g , to me ~, ~.~~.~ me d~ly ~om ~ did say that ~ey ~e respe~ely ~e ~ ~~~~... ~~ ~ ~e ~r~r~ion n~ed in ~e ..f~omg -~~ ~ ~ ~.s~ ~ed to said in--mere is ~e ~r~e se~ 0~d ~ ~d ~ .~ i~ment was signed and sealed in beh~. of said ~~ by a~or~ of .~s Bo~d of Dir~ors '~d said Person ~ . . eme~ ~ ~ment to be o~ free a~ and deed and ~e free a~o~g( ~d d~d ~ ~d ~~on. (Notary Seal) ~~ ~ Notary Pdblic P~nnin~ton Count3j, Minnesota My ~mmi~ion expires: ACKNOW~ I=OGEMENT AND VERIFICATION - CORPORATE SURETY STATE OF -Minnesota SS. COUNTY OF Penninqton ) On this 11 day of April ,~)200,0before me, a Notary Public in and for the County ~ P~nnlnc~fnn , State of M;,,,,=o~,~-= , personally appeared Keith Bovd ' , to me persdA~-RA6~n, who being by me duly sworn. - did- say that s~e is ~e Attorney-in-Fac~ of the ~C0 Insurance Company , the ~rporation whose name is affked to the forgoing in--merit, that ~e seal a~ed.to the foregoing ins~ment was execmed in behalf of said ~rporation by amhor~ of ~ Board of Dire~ors ~d said pp~m~9 ackno~edged that he exe~ed said inst~ment as as ~e tree am ~d deed of said ~rporation. duly a~orized, a~rding to law, to ~n~am as sure~ upon bonds in the State of Minneso~. (Nota~ Seal) ~~~ Nota~ Public /I Penn~oton Count, i nesota My ~mm~ssion expires: //~//~ Power of Attorney KNOW ALL MEN BY THESE PRESENTS That AMCO Insurance Company, a corporation organized under the laws of the State of iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company', does hereby make, constitute and appoint NORRIS D. THUNE KEITH BOYD MARK THUNE THIEF RVR FLS MN each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS (S $00,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS #Section 7.4 Instruments Issued by the Corporation. Bonds. undertakings, and other obhgatory instruments of similar nature, other than insurance pohc~es and insurance endorsements, issued by the Corporation shall be vahdly executed and binding on the Corporataon when signed by the President or a ViCe President or by the Attorney(s)-In-Fact appointed by the President or by a Vice President.' 'Section 7.5 Appointment of Agents. The President or a Vice President shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-ln-Fact to act on behaff of the CorporaUon m the execuUon of bonds, undertakings, and other obligatory instruments of smular nature, other than insurance pohcies and endorsements, vath full power to brad the Corporation by their signature and execuuon of any such instrument. The appointment of such Attorney(s)-ln-Fact shall be accomplished by Powers of Attorney signed by the President or the Vice President.' This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS ~Section 7.6 Verifications . The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the Corporation and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than insurance polioes and endorsements, to which the Power of Attorney is attached is and shall continue to be a valid and hindmg obhgaUon of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President.' 'SecUon 7.7 Use of Corporate Seal. It shall not be necessary to the vahd execution and binding effect on the Corporation of any bond, undertaking, or obhgatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the Corporauon by the President or a Vice President, or Attorney(s)-In-Fact appointed by the President or a Vice President, or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s~-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary, as hereinabove in Sections ?.z[, ?.5, and ?.6 provided, that the corporate seal be affLxed to any such instrument, but the person authorized to sign such instrument may affLX the corporate seal. A facsimile corporate seal affLxed to any such instrument shall be as effective and binding as the original seal.' 'Secuon 7.8 Other Facsimile Signatures. A facsimile signature of the President or of a Vice President aff'Lxed to any bond, undertaking, or obhgatory instrument of sirmlar nature, other than policues and endorsements, or to a Power of Attorney signed by such President or a Vice President, as herein in Sections ?.4 and 7.5 provided, or a facsimile signature of the Secretary or of an Assistant Secretary to any certificate as herein m SecUon 7.6 provided, shall be effective and binding upon the Corporation voth the same force and effect as the original signatures of any such officers.' 'Section 7.9 Former Officers. A facsLmile signature of a former officer shall be of the same vahdity as that of an existing officer, when affLxed to any insurance pohcy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate, as hereto m Sections ?.1, 7.2, 7.4, ?.5, and ?.6 provided.' IN WITNESS WHEREOF, the Company has caused these presents to be signed by its Vice President and its corporate seal to be hereunto aff~xed this 11 day of ,~_._~IL ,2000 ma ....... .o~ AMCO INSURANCE COMPANY STATE OF IOWA ~-S::'" By: COUNTY OF POLK ss On this 11 day of APRIL ,200'0- before me personally came Brett Harman, to me known, who, being by me duly sworn, did depose and say that he is Vice President of AMCO Insurance Company, the corporation described in and which executed the above m~trument; that he knows the seal of said corporation, that the seal aff'Lxed to smd instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporataon and that he has signed his name thereto pursuant to hke authority, and acknowledged the same to be the act and deed of said corporation. ~ Sandy AIRz ~ Notary Public in and fdr the S~e of Iowa CERTIFICATE 1, the undersigned, Secretary of AMCO Insurance Company, a corporauon orgamzed under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still m force, and further certify that Sections 7.~, through 7.9 inclusion of Article 7 of the By-Laws of the Company set forth m said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and afl-,xed the seal of the c'MqDany tins 11 dayof April, 2000, -)-~'-'"~-~'~,~,---x~ 02455 This Power of Attorney expires # ".S~L:" ~ Secretary 041H103 Bda I (03-97) O0 Construction Payment Bond Any singular reference to the Contractor~ Suret~ Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Northwest Asphalt Maintenance, R.R. #2 Box 172 Goodridge, Mn. 56725 OWNER (Name and Address): City of Columbia Heights 637 38th Ave. N.C. Date: April 24, 2000 Amount: $19,404. Description (Name and Location): Rubberized-Crack Sealing Street craCk Sealing and SURETY (Name andPrincipalPlaceofBusinesO: Inc. AMCO Insurance Company 701 5th Avenue Des Moines, IA 50391-2006 BOND NO. 447546 (City Project No. 001 (A), 2000 Parking Lot Joint and Crack Sealing). BOND Date (Not earlier than Construction Contract Date): Amount: $19,404. Modifications to tBJs Bond Form: May 15, 2000 CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company: (Co~. Sea, l) Northwest A~alt/a~nance, Inc. Signature: / ~~ ~ Name and Tit'le: s~"ri-a2 Sol'res. SURETY Company: (Corp. Seal) AMCO tns ./. ye o. any Signature: / Name and Title: Keith Boyd - Attorney-in-Fact EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects, American Subconwactors Association, and the Associated Specialty Contractors. Reprinted 10/90 26 STATE OF SS. COUNTY OF ' On this d~Y.;O~ · ...... ., 19 , before me, a Notary Publican and for the County oT~.-..'-.:;"*f..:,'::G":?.:~.-:...*-'~,~.....;, .State~ of * , pe~C~-a~:..,,.~:~-._e.,. . - .-~.~;.~, ... . . ,, ,y'---'..app area ........ :,2. ,... ~,..~-..:~ .... ~%..4....o..;me..i~. OWn .to be the 'person(s)..d~~'~..~i0'*~d who executed tll ment and acknowledged-that , ~(i,~.~~e (Notary Sear My .commission expires: AC:Di~IO~EM~-AND' ~/iERIFIOATiON STATE OF Minnesota OOUNTY OF Penninqton Ol'l-th~ 15 d,l~ly' of May ~ 200 the County '~-- ~,,,~,,~,, ~,~___ State' ,-, --',i-'~-f-°r-e--rn~e: a Notary Pu,b, lic in and for. _ ,.. _ _- me ¥ swo~ ' ~-~ - ,..t° ~me known, ~~-~ ,,~.,, ~~ ~(~ s~_y___ti~___.t~.ey are res .p .~ely the_.__,__ irw-~~ o,,,~ ~,,,, -'-,r:==~--_,'"~_"~~. . . .u corporaaon nameo in the f~mo -.~ ,-- ,tx u, ~u uoara of Directors and said nt (Notary Seal) _~ NOTARY PUBLIC'MINNESOTA to be their own free act. and deed and the free ac{' Fl Pen~ ~ n _~nn County, Minnesota My commission expires: ACKNOW~ r=OGEMENT AND VERIFICATION - CORPORATE SURETY STATE OF Minnesota SS. COUNTY OF Pennington ) On fl~is 15 day of May , ~20~0before me, a Notary Public in and for the County o-r- Penninqton , State of Minnesota , personally appeared Keith Boyd , tO me personally known, who being by me duly sworn, did say that s/he is the A.ttor~ r~y_!n_F_~ct of the AMC~CJ Tn.~]~'-~nc~= C'nmn~n~, , the corporation wrtose name is affixed to the foregoing instrument, that the seal affixed to the foregoing instrument was executed in behalf of said corporation by authority of its Board of Directors and said Person acknowledged that he executed said instrument as as the free act and deed of said corporation, duly authorized, according to law, to contract as surety upon bonds in the State of Minnesota. (Notary Seal) ~ Notary Public 0'' ,i..,~: -' ~ -- -' -- -' -- -' ~' :~,~,~ ~ -' --~'~.~ ~'~ Penninqton County, ~ _.~-..,%-. ~¢:j~. ,r~,,,~.-,- ~~ '~ J.'.~ NOTARY PUBUC'MINNESOTA ~ My commission expires: /--~-~/-- %.;~.: :c..' ..................... 1. The Contractor and the 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 Cone-act, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, inderrmifies and bolds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have' no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Conmsct have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do no have a direct contract with the Contractor: !. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last fumisbed materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part form the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which thc Contractor has indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice therefor, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice fumisbed to the Contractor. 5. If a notice required by Paragraph 4 is given by thc Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment for any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owned 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 the Surety under this Bond, subject to.the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contract that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of work is located of after the expiration of one year form the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed under the Constxuction 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. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. 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 the 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. The intent is that this Bond shall be construed as a statutory bond and not as a eonmmn law bond. 14. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contnsct with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. 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. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure oftbe Owner, which has neither been remedied nor waived, to pay the Contractor or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY o Name, Address and Telephone) AGENT or BROKER: OV~qqERS REPRESENTATIVE (Architect, Engineer or other paroy): 27 Power of Afforney KNOW ALL MEN BY THESE PRESENTS That AMCO Insurance Company, a corporation organized under the laws of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called 'Company', does hereby make, constitute and appoint NORRIS D. THUNE KEITH BOYD MARK THUNE THIEF RVR FLS MN each in his individual capacity, its true and lawful Attorney-In-Fact with ~uH power and authority to sign, seal, and execute in its behalf any and aH bonds and undertakings and other obligatory instruments of similar nature (except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of FIVE HUNDRED THOUSAND AND NOII00 DOLLARS (S 500,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS 'Section 7.4 Instruments Issued by the Corporatiom Bonds, undertakings, and other obligatory instruments of similar nature, other than insurance policies and insurance endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President or a Vice President or by the Attorney(s)-In-Fact appointed by the President or by a Vice President.' 'Section 7.5 Appointment of Afients. The President or a Vice President shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-ln-Fact to act on behalf of the Corporation m the execution of bonds, undertakings, and other obhgatory instruments of similar nature, other than insurance policies and endorsements, with full power to bind the Corporation by their signature and execution of any such instrument. The appointment of such Attorney(s)-In-Fact shah be accomplished by Powers of Attorney signed by the President or the Vice President.' This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE 7 EXECUTION OF CONTRACTS 'Section 7.6 Verifications . The Secretary, or any Assistant Secretary, is authorized to certify that any such Power of Attorney signed is validly executed and binding on the Corporation and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, to which the Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or Vice President.~ ~$ecUon 7.7 Use of Corporate Seal. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than insurance policies and endorsements, signed on behalf of the Corporation by the President or a Vice President, or Attorney(s)-In-Fact appointed by the President or a Vice President, or of any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary or an Assistant Secretary, as hereinabove in Sections 7.4, 7.5, and ?.6 provided, that the corporate seal be affixed to any such instrument, but the person authorized to sign such instrument may affut the corporate seaL A facsimile corporate seal affuted to any such instrument shall be u effective and binding as the original seaL' 'Section ?.8 Other Facsimile Silgnatures. A facsimile signature of the President or of a Vice President affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President or a Vice President, as hereto in Sections 7.4 and '/.5 provided, or a facsmule s~gnature of the Secretary or of an Assistant Secretary to any certificate as herein in gection ?.fi provided, shall be effective and binding upon the Corporation wath the same force and effect as the original signatures of any such officers.' 'Section ?.9 Former Officers. A facsimile signature of a former officer shah be of the same validity as that of an existing officer, when affixed to any insurance policy or insurance endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Sections 7.1, 7.2, 7.4, ?.5, and 7.6 provided.' IN WITNESS WHEREOF, the Company has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 11 day of ,~R~,~.IL ,2000 m~. .._~ AMCO INSURANCE COMPANY ~,:SEa~:, ~ 2~.~ Vice President STATE OF IOWA ~.~,'_'ff By: COUNTY OF POLK ss On this 11 day of APRIL ,200'0- before me personally came Brett Harman, to me known, who, being by me duly sworn, did depose and say that he is Vice President of AMCO Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affmed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he has signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of said corporation. ~_ t_ . Sandy Ali~z ~ Notary Public in and f6r the $ffffe of Iowa CERTIFICATE I, ~be undersigned, Secre~ry of AMCO Insurance Company, a corporation orgamzed under the laws of the State of Iowa, do hereby cer~fy that the foregning Power of Attorney is still m force, and further certify that Sections 7.4 through 7.9 mchision of Article 7 of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TF~TIMONY WHEREOF, I have subscribed my name and affixed the seal of the c~any tlUs 1~ dayof ~y -- 2000 ~x . 02455 This Power of Attorney expires ~~ 04/11103 Construction Performance Bond An}, singular reference to the Contractor~ Suret~ Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Northwest Asphalt Maintenance, R.R. #2 Box 172 Goodridge, MN. 56725 OWNER (Name and Address): City of Columbia Heights 637 38th Ave. N.E. ~~~aC~ ~,~CT 55421 Date: April 24, 2000 Amount' _ .' $~,404~ Description [Name ana Location): Rubberized Crack Sealing Street Crack Sealing and BOND SURETY(Name and Princip~ PlaceofBus~ess): Inc. AMCO Insurance Company 701 5th Avenue Des Moines, IA 50371-2006 BOND NO. BDA 447546 (City Project No. 001 (A), 2000 Parking Lot Joint and Crack Sealing). Date (Not earlier than Construction Contract Date): Amount: $19,404 Modifications to this Bond Form: May 15, 2000 CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: CONTRACTOR AS PRINC~AL Company: (Corp. Seal) Northwest Asphalt Maintenance, Inc. Signature: Name andTitle: Brian Solberg, Pres. SURETY Company: (Corp. Seal)' AMCO n s//a.3 er ?m ny. Signature:/~~ ~~ Name and'Ti~ie: / Keith Boyd - Attorney-in-Fact EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract DocUments Committee, The Associated General Contractors of America, and the American Institute of Architects. 24 STATE OF COUNTY OF ss. On this d~.y;qf . · ? .... , 19 , before me, a Nota~.P...u~'_~ and for the ~ o, .... ~.-~,.-.,,~ .... ~.~ ........ ---,: s.,~.:-of-- .... - . ........ ~: ...... .<~.,~-,-. ~~ff .~ ~o ~ me 'pemon[s).:,d~~Zi~d ~ ~~ ~~~ent ..~a a~~g~ that s~e ~ : ~:.,, ,: , .-. . . · · "..~~. ............. ~~ ,~ :.? - CORPORATE'PRIN~iP.'AL. · ': ':. 'r '~"' -~ STAT~OF Minnesota COUNTY OF_Penninqton On .this 15 day of May , 1~ 2 0 0, (before me a N ............. · . , ut,~qxy I-UOIIC IR' anQ Tot th%rian(~Solb~er~Penn~n0~-,~n ~,~:k~te of 'Minnesota' . personally, appeared who, each ; m ' , to-'~me'known, _ ,_ _belrtg .1:5' e cluly sworn __ did say that they are re-,~,~.~.-,.. ,k.. - _ -~ ....... ; ,-,, , ~, ouaro ot uirectors ' and said ~erson ~ acknowledgement Said ~ instrument to be their own fre~ act. and deed and-the.free ac~' and dcc~J of said corporation. (Notary Seal) NO*r~t' IqJ~UC. MINNE,~OTA ~COUNTY. uY(:Xlt 8xP. Jm, ~ Pen- ~ n_nf'~,3n Coul~ty', Minnesota My commission expires: ACKNOW~ r=DG~EMENT AND VERIFICATION - CORPORATE SURE'I~' STATE OF Minnesota I ss. COUNTY OF penninq~-c~n ) On this day of :~9200,0before me, a Notary Public in and for the County o~-- May ., . Penninqton , State of M.i. nnemota , personally appeared to me personauy known, who being by me duly K~i~;h Bovd , sworn, did say that =~/he is the ~-~-~,,-n,-,,-~ ,~-~=~-~- .. of the AMCO Insurance Company , the corpora~dri-~bSe name-is aff~(ed t.o t.h.e foregoing instrument, that the seal affixed to the foregoing Instrument was executeo behalf of said corporation by authority of its Board of Directors and said Person acknowledged that he executed said instrument as as the free act and deed' of said corporation, duly authorized, according to law, to contract as surety upon bonds in the St~~eso .~~ (Notary Seal) Notary Public ,._ -- / ) ,~r~a, ~AYEI.-THCK~.x.r~ [ Penni~qton County, Minnesota ~ ~ ~ C(;M~ EXP. JAN. ~_,.~ My commission expires: I DATE ACORD,,, CERTIFICATE OF LIABILITY INSURANCE PRODUCER 1 Thune I~sura~ce Network , I~c. NorthlanR Plama P.O. Box 10 INSURED NORT~ST ASP~LT ~Z~ENANCE, INC. BRIAN SOLBERG RO~E ~ 2, BOX 172 ~ODRIDGE, ~ 56725 THIS CERTIFICATE IS ISSUED AS A MAI i=R OF INFORMATION 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 INSURER A: 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 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY ~=rr~=CTIVE POUCY EXPIRATION INSR LIMITS LTR TYFE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM/DD/YY) A GENERAL UABIUTY CC.&0210531 05/22/2000 05/22/2001 EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY ; FIRE DAMAGE (Any one fire) $ I CLAIMSMADE J-~ MED EXP (Any one person} OCCUR PERSONAL & ADV INJURY $ ~_. 000. ODD GENERAL AGGREGATE GEN'L AGGREGATE UMIT APPUES PER: PRODUCTS - COMP/DP AGG I POL'CY ~"~PRO'JECT [~--1LOC A AUTOMOBILEUABIUTY CBA 0210531 05/22/2000 05/22/2001 COMBINEDSINGLELIMIT $ Ea accident) ~ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE (Per accidentl GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ A EXCESS UABIUTY CC~ 0210531 05/22/2000 05/22/2001 EACH OCCURRENCE [ OCCUR ~--~ CLAIMSMADE AGGREGATE $ DEDUCTIBLE RETENTION $ ~ WORKERSCOMPENSATIONANO C~C 0210531 05/22/2000 05/22/2001 J WCSTATU-ToRYLiMiTS I OTH-'ER EMPLOYERS' UABIUTY E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RUBBERIZED CRACK SEALING CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CITY OF COLUMBIA HEIGHTS 637 38TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 ACORD 25~S (7197) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 ~ DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REP~_;$~;NT~VES. /- / © ACORD CORPORATION 1988 Project: CHANGE ORDER NO. 1 Street Crack Sealing and Parking Lot Joint and Crack Sealing City Project: 0001(A) Owner: City of Columbia Heights 637 38ta Avenue N.E. Columbia Heights, MN 55421 Contractor: Northwest Asphalt Maintenance, Inc. RR2, Box 172 Goodridge, MN 56725 Date of Issuance: August 10, 2000 Engineer:. City Engineer You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include additional quantifies to complete the scheduled work. CHANGE IN CONTRACT PRICE Original Contract Price: $19,404.00 Change Orders No. None to No. Contract Price Prior to this Change Order: $19,404.00 Increase of this Change Order: $15,678.60 ,ntract Price with all Approved Change Orders: ~ $ 35,0~2.60 CiB/~n~ine r~ kY'- CHANGE IN CONTRAcI TIME Original Contract Time: Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: Approved By: (Contractor) Gary Mayor Wa'lt er-Fehst~Cit~ Man~'ger Date of COfinciltrAction