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Home My WebLink AboutContract 1933 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by MINNESOTA (OWNER) and (CONTRACTOR). OWNER and CONTRACTOR, in consideration ofthe mutual covenants set forth herein, a1!ree 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: 2006 STORM SEWER REHABILITATION 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: CITY PROJECT NO. 0405 · STORM SEWER ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT (ENGINEER), 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. 17 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before November], 2006, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before November] 5,2006. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 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 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 9.07 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. 18 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 6.02.A.l and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided 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 including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance beingretainage). 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 additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. 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 A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder ofthe 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. 19 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 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 ofa Hazardous Environmental Condition, ifany, 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 doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 20 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 21 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 a cover sheet and sheets numbered 1 through 7, inclusive, with each sheet bearing the project numbers SP 0207 -84, SAP 113-010-12 and City No. 0405. 9. Addenda (numbers _ to _, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages to _, inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _, inclusive). c. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. b. Notice to Proceed (pages Work Change Directives. Change Order(s). to _, inclusive). c. 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. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 ofthe General Conditions. 22 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. 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. 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 Provisions (if applicable). 23 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. r-\/ This Agreement will be effective on ~f e?<'S; ,2006 (which is the Effective Date of the Agreement). Designated Representative: Designated Representative: Name: "6VIN iJlfNSc!V Name: TitIe:~bj, C. ~IGICS t r. )C f;j F Aj,e Title: f4 A I - Address: ~ 37-.:! 17 I'tVtr /fit:. Address: Ct:JL vf/1J;/J JIe, '1hfs , /ll11l S-Stf.L/ . Phone: 7~3 1tJ6 -31t7tJ 1~:3 7tl~-37~/ Facsimile: OWNER: [CORPORATE SEAL] Address for giving (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). CONTRACTOR: [CORPORA TE SEAL] Attest: Title: Address for giving notices: License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Phone: Facsimile: 24 OCT 9-0(j(j6 }ION' (j0,(j? 4. W >>' ~Vl.; ./ '- ' -' J FROM: RAV, Cjr;(j?6?r(;r;r, 1 ~^..) '- '.'.) .)\.,. L 4.'- PAGE 2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I tlATli IMMItlCIYYYY) 10)9J2006 PROr:wcER (320) 363-7350 FAX (320) 363-0222 THIS CE~TIFICATE IS ISSUED AS A MATTE~ OF INFORMATION Nesbi. t Agenoies, Ino. ONI. Y AND CONFE~S NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE COES NOT AMEND. EXTEND OR 24 WQst 8iroh St. AL TEA THE COVERAGE AFFO~DED BY THE POI.ICIES BEL-OW. PO Box 69 st. Jos=h HN 56374 INSURERS AFFO~DING COVERAGE NAIC# INSUIU!O INIlU/\e/\ f<:. General Casual tv Naw Look Contracting, Inc INSURER Ii: If,l6~6 at Rd i72 INSURER c: INSURER D: EJ.k Rivlilr MN 55330 ItJSUR!!Rl!; THE POLICIES OF INSURANCE USTEC BeLOW HAVE BEeN ISSUEO TO THe INSURED NAMED ABOVE FOR THE POl..ICY pe;RIOD INDICATED. NOTWITHSTANCING ANY "'EQUIREMeNT. TERM OR CONDI110N OF ^NY CONTRACT OR OTHeR DOCUMeNT VVlTH ReSPECT TO WHICH THIS CERTIFICATE MAY se ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIOIES DESCRIBED HEREIN IS SUBJeCT TO ALL THE TERMS, exCLUSIONS AND CONDITIONS OF SUCH POLICIES. AaGRE:13ATE LIMITS SHOWN MAY HAVE: BEEN REDUCED BY PAID CLAIMS, I~~~ l~~~~ 'lYP1i OF INSlJRANCIii I'OUCY NI)IlIB~ ~~:~~~ ~!fl(~'~N UMITS ~!Ml. UAeIUTY eACH OCCURRENCE . 1,000,000 i-- ~MI:RCIAI. GENERAL UAllILl1Y ~~fl~~?E~ncool , 50,000 A i-- CWMB MACS 0 OCCUR CIlAO:364425 1/9/2006 1/9/2007 M!O I!XP fAnv on."""""'\ 1$ ::LO,OOO PEl'lSONAL & ADV INJURY 1$ 1,000,000 GENERAl AGGRE"'ATE S 2,000,000 ~'lAGGREn UMIT riB PER: AACDUcrs. COMP/OP J..GG $ 2,000,000 X I'OUCy P,~ Loe ~TOMOBlLE U.ulIUTY cu. 0:364425 01-09-2006 01-09-2007 COMellNEt:! SINI3L.E UMIT ::L.,OOO,OOO (EllllCdd&r\lJ $ ~ ANY AUTO A - AIJ. O'Ml&l AU'TOB BODILY II\IJI)FlY (1='91 p91son) $ - SCMEOULEO AUTOS - HIRED AUTOS BODIl.Y INJURY $ NON-OWNED AUTOS (PtI' aooidtnl) i-- PROPERTY DAMAGE , (P<< aocldllnl) Ras~urr At-fro OPJ"!' Y ... a... ACC!O~N'" $ ANY AUTO OTHER THAN EAACr: $ AUTO ONl.Y; MG' A aCESSIUMSftEl.l.A WASll.llY CBA 0:364425 01~09-2006 01-09-2007 $ 2,000,000 ~. OCCUR 0 CLAIM$ MADe AGGREGATE $ 2,000,000 $ ~ DEDUCTIBLE $ R!:1'I!NTlON .. ~I $ A WORKERS COMPI!NSATION AND 19W" eMPl.OYI!R$' UABlUlY ANY PROPRIETORJPARTNSRiEX5CUIlve I!.I.. I!ACH AOOIDENT $ 500,000 OFFICE1WIEMseR exCLUDED? C:IilA0315442S 1/9/2006 1/9/2007 E,1.. DISEASE - EA EMPl.OVEE .. 500 000 lfy.,.~~l.I'1doIr 500,000 SPEOIAl. PROVISIONS bollCWJ E.1.. DISEASE - POLICY 1.II\41T S O'l'lil!1t Pl!SCftlP110N 0,. OPI!M T10NSJI.OCA nONSNEHICL.EIlJEXCL.lJSIONS ADDEO I3Y I'!NOO~M~lSl'eClAL PROVISIONS Certi.fioau Bo1~r will be. lilb:lc1 i1L8 an add.it..ional inIlund. on t:htl policy anc1 :feu:: the ~~ojeat at 2006 Storm Sewar ~abU:i.t&t.iOn, City Projeot *04015 COVERAGeS City o~ Columbia Hlilights 637 38th Ave NE Co11..1Dlbia He:LsrhtSf MN 55421-3806 CANCELLATION SHOULD AtN OF THE AilOvli DIi9CIUBeD I'OUCII!S I!le CANCl!U.!I> eUORe THE. lIXPIRATION DATE THEREOP. THI!! ISSUING Il>ISUR!R W1L.L ENDEAVOR TO MAIL .!fL- ClAYS WRI11liH NOTICE TO THt: CMT!I'ICAn! HOLD!R NAMI!!D TO THI!! LEFT. BUT FAlLUltl:!! 10 DO 80 SHALL IMPOSE NO OSUG"TION 0"" UA!lUTV 01' AN( KIND UPON THE CERTIFICATE HOLDER ACO~D 25 (2001108) INSOZlS (0100).05 AMS VMP Mo~ SOiUtlOOO. Inc.lflOO)327-0646 OCT-09-2006 MON 02:03 PM FROM: FAX:3~03630~~~ PAGE 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement On thi$ certlflcate 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( 5). DISCLAIMER The CertIficate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representa1Ive or produoer, and the certificate hOld&r, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS02S (010&).0& AMS P8ge2or~ CONSTRUCTION PERFORMANCE BOND Bond# 54-164281 Any singular reference to the Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): New Look Contracting, Inc. 19696 County Rd 72 Elk River, MN 55330 OWNER (Name and Address): City of Columbia Heights 590 40th Avenue NE COlumbia Heights MN 55421 CONSTRUCTION CONTRACT Date: Amount: $ 1 20 , 147 . 75 Description (Name and Location): SURETY (Name and Principal Place of Business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids IA 52407 2006 Storm Sewer Improvements BOND Date (Not earlier than Construction Contract Date): October 4, 2006 Amount: $ 1 20 , 147 . 7 5 Modifications to this Bond Form: Signature: Name and Title: CONTRACTOR AS PRlNCIP AL Company: (Corp. Seal) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: ElCDC 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 theAmerican Institute of Arc:hitects. 25 The Contractor and the Surety, JOIntly and 5everely, bll1ds thcmscl\cs, their heIrs, executors, admll1lstrators, successors and assIgns to the OwnCf ti,r the performance of the Construction Contract, whIch is mcorporated herem by reference If the Contractor perfonns the Construction Contract, the Surety and the Contractor shall have no obl1gation under thiS Bond, except to partIcipate in conferences as provided in Subparagraph 3 1 If there is no Owner Default, the Surety's obl1gatllJll under this Bond shall anse after 3 I The Owner has notified the Contractor and the Surety at Its address described in Paragraph 10 below, that the Owner IS considering declanng a Contractor Default and has requested and attempted to arrange a conference With the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to diSCUSS methods of perfonnll1g the Construction Contract If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3,2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notIce as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance With the tenns of the Construction Contract in accordance wit the terms of the contract with the Owner 4 When the Owner has satistied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4, I Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or Undertake to perform and complete the Construction Contract itself, through its agents or through mdependent contractors; or Obtain bids or negotiated proposals for qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange tor a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Constitution Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I, After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner, or 2, Deny liability in whole or in part and notify the Owner, or 5, If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional and written notice from the Owner to the Surety demanding that the Surety perform its obligations under thIS Bond, and the Owner shall be entitled to enforce any remedy available to the Owncr. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4,!, 4,2, or 4.3 above, then the responsibilities ofthe Surety to the Owner shall not be greater than those of the Owner under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to committed by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication tor: 6 I The responsibilities of the Contractor tor correction for defective work and completion of the Construction Contract Additional legal, design professional and delay costs resulting from the actions or failure to act of the Surety under Paragraph 4; and Liquidated damages, or if no liquidated damages are specified 111 the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 4.2 43 4.4 6.2 63 (FOR INFORi\;IA TION ONLY-Name, Address, and Telephone) AGENT or BROKER: Ross Nesbit Agency 7500 Fl in Eden prairie, MN 55344 26 ('15d)~ '7l.f6 - ''i300 7 The Surety shall not be liable to the Uwncr or others for obl1gatlons of the l'nntractor that are unrelated to the ConstructIon Contract, and the Balance of the Contract Price shall not be reduced or set off on accollnt of any such unrelated obligatIons No fight of actIOn shall accrue on thIS Bond to any person or entIty other than the Owner or ItS heirs, executors, admll11Strators, or successors. The Surety hereby wan,es notice of any change, lI1cludll1g changes of time, to the ConstructIon Contract or to related subcontracts, purchase orders and other obligations c) Any proceeding, legal or eqUitable, under thiS Bond may be Il1stituted Il1 any court of competentjurisdictlon in the locatIon m which the work or part of the work IS located and shall be mstituted WIthin two years after Contractor Default or within two years after the Contractor ceased workmg or within two years after the Surety refuses or falis to perform Its obligations under this Bond, whichever occurs first If the proviSIOns of thiS Paragraph are void or prohibited by law, the minimum penod of limitation available to suretIes as a defense in the junsdiction of the SUIt shall be applicable 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, I! When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the constructIOn was to be perfomled, any provision in this Bond conflicting with said statutory or legal requiremcnt shall be deemed deleted here from and provisions contonnmg to such statutory or other legal requirement shall be deemed Il1corporated herein, The intent is that this Bond shall be construed as a statutory bond and not as common law bond 12. Definitions: 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claim s tor damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contraction Contract )2,2 Construction Contract: The agreement between the Owner and the Contractor identitied on the signature page, including all Contract Documents and changes thereto, 123 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perfonn or otherwise to comply wit the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereo f. O\i/NERS REPRESENTA TIVE(Architect, Engineer, or other party): UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organiz~d and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, Stat~ of Iowa, does make, constitute and appoint ROSS B. NESBIT, OR ROBERT E. HUTTER, OR CHAD A. NESBIT, OR TIMOTHY G. ANDERSON, OR PATRICIA M. JOHNSON, OR CHARLES MORE, OR DANA S. PRIVETTE, ALL INDIVIDUALLY of EDEN PRAIRIE MN its true and laWful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal andexec:uteinits behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: 2,000,000.00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if suc:hinstruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to theauthQrity hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire 29th day of June, 2007 unless sooner revoked. This power of Attorney is made and executed pursuantto and by authorityofthe following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or sp~cialpower of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company a~ the original signature of such officer and the original seal of the Company, to be valid and binding l.1pon the Company with the same force and effect as though manually affixed, Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution. of any such instruments and to attach the seal of the Company thereto, The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ~.'"'' IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by ;~,,~~ its vice president and its corporate seal to be hereto affixed this 29th day of June, 2p05 Ii CO!!~E ~l ~., .IlL l~ "-"~~~' ~....'-~,\\\" -.......,..", UNITED FIRE & CASUALTY COMPANY By 44 cf. ~ Vice President State of Iowa, County of Linn, ss: On 29th day of June, 2005, before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which eXecutedfhe abOveJnstrument;that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that itwas so affixed pursuant to authority given by the Board of Directors of said corporation and t,hat he signed his 9ame thereto pursuant to like authority, ~nd as.k~low.}ed....~e.. s_s.?,JU.E;1.tO P& ~..e. a.i ct and deed of said corporation'.f i. //. /.' '..... If' '.' >'-;./...' . ......'... . .tI(... ....../.. .... .' , ,~'. MJ.RY A. JANSEh i ! It (I L-L ( //j1J .. . c, i41"~COMM1.S'SION t.l.u M~ ER 71~ iN. ~tar~...-PUb ..Ii' ...~.. ". L /. {, / I · . M'i G&MM!SSlC:lN . M'" . ., .. ?-.. I \. r-'-' .~ ~.. y commIssIon e Ires: I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of s;3id Company as set forthil1said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY; and that the same are correct transcripts thereof. and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 4th day of Oct ober 20~, iJJ ~~a~ BONDQ0140802 \. ~ I; L) [ J '\ J ~L\l {) P H-.J -\ r f? -.:; F t ,I~ '. r \' {~-::n :'e~l)r'J ~'~? :.':.....-_;':-..-, ") s'.lbscribed t,J the v\ithin instrument 2nJ ickn,y,\ IeJ::::eJ [,) me al! tb,l[ he ;he the:, execurei the;:'ile in k:tC)\\,TI [~\ m,e (_")~ pro\.:ed [,__, me: f1 [he t"1,I:;~~ ~l~~;a[ J.':~ _~J:-> e',w :d=-nce J C'",' be the Der.;..-'lnl :) r '.\ h ;e ~2T;:i,~ :::; -'1 ~~~'> h' 1 ' :! ~5 r:~r =[,~=-l: :1'jCnOrlzt:;,' C3.pJ.L:I re~', J.r:\1 ~~.1~ ~':' h ::; ~:::,.. :::~~:" ~:.rr.l['-'r~f 3' ):1 ~he In_)~r11m'~r, :h=: p'~~::; ~ILlI ; i ,~:- r-,~::: e:1ti[:~ upun cehal{of\\hich the per;,:'n';1 .lCT::=J e'(.::2I,;[e.1 :::e rIi5trum::-n: FCRTHER, i( )',e P'-"-:-':lr::. :; ..1 .::,'rp(lr:Ek\r,=" a hrnired [lab !ity c':'lp',D:i,:r:, rLe .lt~J'-.=3.l[J .lCkTl,,",\ I.=J;::-3 [tecH [he 3e:ll [,[, :h:: :=:"':';:; b,)r;d is rhe:':''P,xate ;;ealc:-fthe c,:'lp'~''-'l[['[', ail..:!. ,,'1.1: 5.1:.1,\:15 e'-.,:;:,;cu:ed tn ':Jen.1lf/[h;:,; :~)T:'n"':n 2'.:[:-:un~.}r l":; B\='a:d of Dlre':::l)r; '.\ IT\C:SS r:> :-:anJ ar:Q ,)["il..::u' 5c.l' :) ~~2:':",r~ S E _\L \.,_t.1r; ~.lC I I I CAPACnlr: CL-VyJI:ED BY SIG""ER SrC""ER REPRESE ,-<T[:"iC , [\i'Dif'. IDC.U P-\RT:'>."ERiS, y-\_:\. IT OF flRH E"TITY - - CORPOR-\ TE OFF1CJER L.L CORP. OfFICER - - :;0';1':1)0 :',)::1:' -':"' ACKi'iO\\LEDG:\[E:";l OF CORPORATE Sl'RETI' (Po'''er of Artorne\. mU5t be art3.ched, S T-\ T E C i4~!esLu. rJf,)(-,<_ " =,;::r3,)""~2 ~!=)r:., TY .) cCJcJI.~ c9?, (, o,cOxe C pees. "s"> ep0''''" ':.n.. :='\1. ~'- ~..) rT':-e i ,:~'r c:-:)....::::-d CI..-) m~ ,-~n ~'l~ b,:l5~ ~ ,-It ;tiIt3rJ.c=':)r'~ -\ru :;) , \\~'.:'~-:::.:- r~~m~f S) 1;; J.r::- 'J --:' __ ':' -:':- .-\:"J ':'l ::', :-1- tl.=:- '. . .~~: I -.c ~_,j .: \) ~~ .,]. I1 '~. , 3. _::; =-Ct<~I:-l =~ .i =--~. -"""'j - ::,~ ~ ~l ' . " l[:~-\.:CL :'=1 =."'c~ rC1:-eg:);:1:iS .31 ~ ':-:,2;==-:_~=-=--~ ~ ,- .1 ;~ g~":::'::: 2~'_-: :;~~:~j '~ b~hd~i.- ()~ 3-11]. :;~)=-;:(.~3.~. -)~ =>- - . -., , :~-:~ .l~="-::.3.:.._'-: .~':;-~=~- :: J. _ ~;-,'J:-::-. .) ~ : ~ B 3. - i '': -- ;) --.;:0 '", ~ , ,...~ 1:-' -= "."1 ~ 2. ~ =I-,~ 3.1: ~):-~ =:::;~ ~:~(T't\'<.'. :-:25"-::-:::.1 j ;::.~~:-'__ --:;=~_: ~I=\ c:-: ~<--.=> ~ - ,2<";>' - - - - -- _::::- ,} ,=.. = ;2.' =.:-:::, '="~' 1 - -~ - .:::,- CONSTRUCTION PAYMENT BOND Bond #54-164281 Any singular reference to the Contractor. SuretY'. Owner or other part\! shall be considered plural where applicable. CONTRACTOR (Name and Address): New Look Contracting, Inc. 19696 County Rd 72 Elk River MN 55330 SURETY (Name and Principal Place of Business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids IA 52407 OWNER (Name and Address): City of Columbia Heights 590 40th Avenue NE Columbia Heights MN 55421 CONSTRUCTION CONTRACT Date: Amount: $ 1 20 , 147 . 75 Description (Name and Location): 2006 Storm Sewer Improvements BOND Date (Not earlier than Construction Contract Date): Octo be r 4, 2006 Amount: $ 1 20 , 1 47 . 75 Modifications to this Bond Form: 0.--.........-.._0...,,"111. '--VH1l-'ClH)' . fre-........ 1;:0'> 1'1 \. ,"--,VI p. cJ"-"Ul, r(\mn~n'" ........'-'........t'-....J . CONTRACTOR AS PRINCIPAL SURETY Signature: Name and Title: Signature: Name and Title: Charles W More Attc}ney-in-fact CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: 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 Subcontractors Association, and the Associated Specialty Contractors. Reprinted I 0/90 27 The Contractor and the Surety, JOll1tly and severally, bmd themselves, thelr helrs, executors, admmistrators, successors and assIgns to the Owner to pay for laboL materJals and eqUJpment furmshed for use 10 the performance of the Construction Contract, whleh lS incurporated herem by reference 2 Wlth respect to the Uwner, tlm obllgallon shall be null and vOld 11' the Contractur 21 Promptly makes payment, directly or IndIrectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from clalms, demands, liens or suits by any person or entity whose c1alm, demand, lien or SUlt lS fur 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 descnbed 10 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, With respect to Clalmants, this obligation shall be null and void lf the Contractors promptly makes payment, directly or 1Odlrectly, for all sums due, 4 The Surety shall have no obhgation to Claimants under this Bond untiL 4, I Claimants who are employed by or have a direct contract with the Contract have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereot: to the Owner stat10g that a claim is being made under thlS Bond and, with substantial accuracy, the amount of the claim 4.2 Claimants who do now have a direct contract with the Contractor, I 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 furnished matetials 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 /Tom the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be pald 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 therefote, to the Owner, stating that a claim is being made under lhis Bulla aHa enclosing a copy of the previous written notice furnishing to the Contractor. 5. If a notice required by Paragraph 4 is given by the 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 Payor 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 (FOR fNFORMATlON ONLY-Name, Address and Telephone) AGENT or BROKER: Clam13nt under thIS Bond, and shall have under thlS Bond no obligations to make payments to, glve notices un hehalf oC or othermse have obligatIOns to Claimants under this Bond, 10 The Surety hereby waives notlce of any change, 10cluding changes of time to the Constructlon Cuntract or to related suhcnntracts, purchase orders and uther obligalJons. II No sult or action shall he commenced by a Claimant under this Bond other rhan 10 a court of competent jurisdiclJon 10 the location 10 which the work or part of work lS located of after the eXplratlOn of one year from the date II) on whIch the Claimant gave the notice requlred by Subparagraph 4 I or Clause 4.2 I iil), or (2) on WhlCh the last labor or servlce was performed under the Construction Contract, whichever of II) or (2) first occurs If the provisions of thlS paragraph are void or prohlblted 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 wlth 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 here from and provislOns conforming to such statutory or other legal requlrements shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common 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 permlt a copy to be made. 15 DEFINITIONS: 15 I Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the 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 Ccmtractor identified on the sign3.ture page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor or to perform and complete or comply with the other terms thereof O'vVNERS REPRESENTATIVE (Architect, Engineer or other party): 28 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS,IOWA CERTIFIED COpy OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar RapidS, State of Iowa, dpes make, constitute and appoint ROSS B.NESBIT, OR ROBERT E. HUTTER, OR CHAD A. NESBIT, OR TIMOTHY G. ANDERSON, OR PATRICIA M. JOHNSON, OR CHARLES MORE, OR DANA S. PRIVETTE, ALL INDIVIDUALLY of EDEN PRAIRIE MN its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal qndexecuteinitsbehalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: 2,000,000.00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and tothe same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority herepy granted shall expire 29th day of June, 2007 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the folloWing By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officeroftheCompany may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authori2:ed hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force .and effect as though manually affixed. Such attorneys-in fact, subject to the' lImitations set forth. in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ~~ IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has cqused these presentsJo be signed by Q~~. ~. ~ its vice president and its corporate seal to be hereto affixed th is 29th day of Jun...e~ 20.05. .. COIPOIATE ~l t ir..ii. /i UNITED FIRE & CASUALTY COMPANY 't~~:f ~~,\~'" By ~q~ Vice President State of Iowa, County olUnn, ss: On. 29th day of June, 2005, before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which eXecuted the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and t,hat he signed his 9ame thereto pursuant to like authority, ..~n? a_.ck_now,led..~e. s....?\lm~.to p.e J!J a a.! ct and deed of said corporation. ;' i' J. ./'..' i j~. >".'" ---../..' ...... <<........1.. ......, . ,"". MARY A. JANS~ iff It. {/ [ L l / /( 1J i r~~~COMMIS...S.IO. N NU. MBEf\ 1132?1 IN. o.tary. 'PUb. Ii.' ..... !..lL..../1 (.J. ....... \ · ~ M ~~Iv'IMI~?N\ My commiSSiOn~jres: I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company asset forth in .said Power of Attorney. with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAIPCOMPANY,and that the same are. correct transcripts thereof and of the whole of the said originals, and that the said POwer Of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seaJof the said Company this 1th day of Octn'hpy- 200..6......-... j)~ A~.~ 80NDOO140802 U\\ J EDt, \IE'\" rUf PRJ'\TIP ST. OF COC "-:T\' I)F On be [Ixe n:: 3.;Jpcar~8 ~er) kilO'-Hl to me (or proved to me on the OJ51S u(sa.ustac[x.' evidence) t,) be the person(s; \\hc'se [lame/:; i3 l::-e subscribed to the \vithin insrrument and ackno\\ledged to me all that he she they executed the s,::me in h:s her therr :uthorized capaclrY(Ies), and dur b:. hIS her tnelf ;rgnatLrel:>) on. the insTClmenc the person! 3 I cr entity upon behalf of v"hich the per30n/ s i a.ctecL executed the instrument FURTHER, if the princir=a 13 d corporation or a Irmited liability corporation, the at~xesdid acknox1eds::s that [he 5eal affixed to the b,ond is the corporate ;:;eal of the corpc'r:HtOrL and that said bend '.V3.S execured in behalf ,)f the corpc,r:E: -0 D} 3.L:thof1~:Y Ofl[5 Board of DlreC[Or.:;. ,,\TT~tSS rTl~ hand and officIal seal :::> !.SE.-\L' ~orarv PublIC r CAPACIT\{ CLA,LHED BY SIG:"i"ER SIG:"i"ER REPRESE~TL'iG I [.:"11)[\ IDeAL P-\RT~"ER(S) .'i..\,:HE OF FIR\[ i E.."iTITY - - CORPORA TE OFfiCER LL CORP. OFFICER - - p051 :h)n ?03H,On I Ii II ACKNO"''LEDG~[E.';l OF CORPORATE SLTRETI' (Power of Artnrnev mU,5t be artached) STATE OF fJ1iftlNP.t'1J rA COL~TY OF Hr'PIV~J/ Jv , D n () f!.}. 4. ~p (/ t, before me personal J.ppeard , ,/ " h' -' ,- :<:.no'sn :0 me {or proved to me on Ule D251S ot sansrac[,ory CAc:1A..!o.5 w- 1J1(l'~e",- ,perso:"c.llL e'.i,j::;nc::::) D be the persoD(-;) <.vh.)se n.1me( S I ie; 3.re jLlbscr:QC'J co cb:::- v_'l~htn lZ15r[U.menr and ackn1)\,;/leJgej i [[1"e 3.Ll ~ha[ he 5h~ 15 [he aI-oresaId o:-fi:~r- of '"-\~tiJrn:::~.- Q- Fa.::: .)[ I, bond ,::orrloan"j , a :JL;J()r3.::0rl. rhJ.~ -he 3~dllffi'(=d t() ~h;:; foregOing Irl.;:rurr::=:1C l3 th:: ':0rpO:-1~= 3~J.~ IJ~:) ;,j :0 ;[ greJ J.[lJ seJ.!ed 1:C benalr- of ;aId:orpoDtl,:'n b'. the 3.fcn:;sJ.:i \)[-fi~e:. b:. a~[2con::' ,)[- lre; B':'lrd)[' Dlr::;cr.Y3 3.:'1..:1 3at.i ril;~=-~:T1c;..~ ~o b',~ ch= --r:::;e' 1: l.r.i .i~~i i)[- 33.:2 c>)~~'::rl~';)r' :~e 3.C,)=-:;:3-1li ()ff1::;~ a:kno'.\'i '\"I~,[,,',C." ~. C..,.. ,."c'"~. ;srl':C:(6;:~; "~. '~ '. ';# p,,:-',!,- . .. - .. -',-, <,'- .sf: ..\.L i Contractor's Business Name: ~ ~\~ ~~G\( L~y\'ty ~C~ yy) \ \ \1il '. Address: \ q V ~ It C~~ ~(\1L t[\~ Q\Ve~ tJt\J SS33b Phone No: "\ \.03 - 2.-~ ,- \ '5C) \p Fax No: iV3---2Jll-tll Cj\; II BID FORM - ADDENDUM 4 II PROJECT IDENTIFICATION: 2006 STORM SEWER REHABILITATION S.P. 0207-84, S.A.P. 113-010-12 CITY PROJECT NUMBER 0405 BIDS TO BE OPENED: 10:00 A.M. - Friday, September 15, 2006 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637- 38TH 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 on 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 Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): 9 Date ~W\ >v\~~: ~l) 3;011 ~\lSi <{)\ ~~tiv ..' .S(~~y S\LJJDVi ,~t \i\{~ ~ y 8\ ~{}o\o N urn ber \ L 3 (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) BID DER 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, tests, 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. 10 (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. (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 PRICE(S): (See Attached Page 12) Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities. 11 BID PROPOSAL FORM CITY OF COLUMBIA HEIGHTS 2006 STORM SEWER REHABILITATION S.P. 0207-84, S.A.P. 113-010-12, CITY PROJECT NUMBER 0405 No. Item Unit Quantity Unit Price Amount 1 Mobilization L.S. 1 $ J ), s-cro~oo $ 1~/0bo.oo 2 Remove sewer pipe L.F. 50 $ /0,,00 $ Sao ~ DO 3 Remove curb and gutter L.F. 125 $ >.00 $ {,2<;,OO 4 Remove concrete sidewalk S.F. 250 $ I ~ .)"6 $ 3:;>s--' 00 5 Remove concrete median S.F. 445 $ 1- S-O $ c:'b7- so 6 Remove bituminous pavement S.Y. 55 $ 9...00 $ 't95-~oO 7 Remove catch basin Each 16 $ 3SD.Co $ 5; {;>&0_00 8 Remove concrete apron Each 1 $ / SO ,00 $ /SO.oo 9 Sawing concrete L.F. 65 $ t.,Po zs- $ 2,,,, ,~S- 10 Sawing bituminous pavement (full depth) L.F. 285 $ :2 .;J. s- $ ~LfI-r2~ 11 Select granular bOlTOW (CY) C.Y. 180 $ ::lO...OQ $ .5; /:'00- ()O 12 Aggregate base (CY) Class 5 C.Y. 46 $ 32. -so $ 1,'t9S,66 13 Type MV 3 wearing course mixture (L) Ton 10 $ zoo. 00 $ 2f:x:'o - co 14 Type MV 3 non-wearing course mixture (L) Ton 15 $ ZeO - t>c $ "3/()XJ . ao 15 Bituminous material for tack coat Gal. 3 $ /D.-OO $ ~.oo 16 15" R.C. pipe sewer, Design 3006 - Cl V L.F. 65 $ 3~.oo $ :1,;). "/:;:00 . 17 Canst drainage structure, Design C or G L.F. 40 't ,-z-..... "^ <t n'"l,,--_~_ .... 7JV... ......." 4J cXC:>(,VUO.l'U 18 Canst drainage structure, Design 60-4020 L.F. 6 $ 'Sf). ()o $ 5, "J"(),,OO 19 Canst drainage structure, Design 66-4020 $ $ ~ L.F. 14 "7 ZS.o 0 jo,/5'O .00 20 Canst drainage structure, Design 78-4020 L.F. 6 $ ~coo_oo $ /{'2DO.-OO 21 Canst drainage structure, Design 90-4020 L.F. 7 $ 1,3 J"O ~ 00 $ _CZ! if 5""0 . ('}o 22 Casting assembly Each 17 $ 500,bO $ J;'soo.Ol> 23 4" Concrete walk S.F. 250 $ 't~oo $ teel) ,ee 24 6" Concrete walk (spillway) S.F. 230 $ 8',..00 $ If <jJttc,Oo 25 Concrete curb and gutter, Design B624 L.F. 125 $ 5S--...oo $ Lf,"37s-,DD . 26 Concrete curb integrant, Design B6 L.F. 70 $ /5": Of) $ 1,0,)0,00 27 Concrete median S.F. 3,801 $ ~,)s $ 10,'-ts-z. .7S- 28 Traffic control L.S. 1 $ 1, SlJO rOO $ ~$Oo.oo 30 NMC Loop detector 6' x 6' Each 1 $ 2.!Sl'JC,OO $ ;{/5(;o.oo TOTAL BID $ /20, /471 7S "\V$'"qttJ Ot1e~"llJ-reJ oJ- Ct'ti7J Total Bid Written in Words 12 5. BIDDER agrees that the Work will be completed as follows: CITY PROJECT NO. 0405 · STORM SEWER Final inspection by November 15,2006 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 helow 8. The terms used in this BID, which are defined in the General Conditions ofthe Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON: , 2006. 13 If BIDDER is: AN INDIVIDUAL By Doing Business Address (Individual's Name) Telephone No A PARTNERSHIP By (Firm Name) Business Address (General Partner) Telephone No. (Continued 011 next page.) 14 (SEAL) (SEAL) A CORPORATION By }J6.sE/~ (SEAL) v\ \ \~\N Sb1-v'" (State of Incorporation) (h;) I&i/ (Name of Person Authorized to Sign) fJ~j ~W~ (Secretary) Business Address \ O~,&qlotA-v1 t~ 12 ~\\( '~'Vey tv\\J S<S'66U Telephone No. "I \176' Z-W} - } SctlP By (Title) ATTEST 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. 15 STATE OF M j1I\~e')oTO\ COUNTY OF ~{~er 4wl;\ €. AFFIDAVIT OF NON-COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf(ifthe BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee .or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official openmg ofthe bids, or bids; and; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. &0 IctUJ BIDDER II./ECtJ Loot CeM-bc:f,~; I/VL FIRM MA NG BIDS Subscr,ibed and swornJ.o b~~~\e\~_~ this b day of ~ ~\U\J\N,,~.Y' , 2006. &J ~ ~E OFFICIAL TITLE 16 CONSTRUCTION PERFORMANCE BOND Bond# 54-164281 Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): New Look Contracting, Inc. 19696 County Rd 72 Elk River, MN 55330 OWNER (Name and Address): City of Columbia Heights 590 40th Avenue NE Columbia Heights MN 55421 CONSTRUCTION CONTRACT Date: Amount: $ 1 20 , 147 . 75 Description (Name and Location): SURETY (Name and Principal Place of Business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids IA 52407 2006 Storm Sewer Improvements BOND Date (Not earlier than Construction Contract Date): October 4, 2006 Amount: $ 1 20 , 147 . 75 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Uni t Company: C o. Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 191 0-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, TheuAssociatedGeneral ContractorsDfAmerica, and the American Institute ofArcbitec;ts. 25 I. The Contractor and the Surety, jointly and severely, binds themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3. L 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contraetor and the Surety at its address deseribed in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of perfonning the Construction Contraet If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perfonn the Construction Contract, but such an agreement shall not waive the Owner's right, ifany, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and fonnally tenninated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 33 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract in accordance wit the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perfonn and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 43 Obtain bids or negotiated proposals for qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Constitution Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: L After investigation, detennine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner, or 2. Deny liability in whole or in part and notifY the Owner, or 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional and written notice from the Owner to the Surety demanding that the Surety perfonn its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has tenninated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Owner under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to committed by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6. I The responsibilities of the Contractor for correction for defective work and completion ofthe Construction Contract. 6.2 Additional legal, design professional and delay costs resulting from the actions or failure to act of the Surety under Paragraph 4; and 63 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed perfomlance or non-performance of the Contractor. (FOR INFORMATION ONLY-Name, Address, and Telephone) AGENT or BROKER: Ross Nesbit Agency 7500 Fl Eden prairie, MN 56344 26 (Q5:J.)" '7'-fb - J.f3oo 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. 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. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perfonn its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. I I. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions confonning 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 common law bond. 12. Definitions: 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claim s for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contraction Contract 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 123 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply wit the tenns of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perfonn and complete or comply with the other tenns thereof. OWNERS REPRESENT A TIVE(Architect, Engineer, or other party): UNITED FIRE & CASUAL TY COMPANY HOME OFFICE - CEDAR RAPIDS,IOWA CERTIFIED COPY OF POWER OF A NORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN8Y THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, acprporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids,Stat~ofJowa, dpes make, constitute and a~cim . ROSS B.NESBI'.I',ORROBERT E~ HUTTER, OR CHAD A. NESBIT, OR TIMOTHY G. ANDERSO~, OR PATRICIAM. JOHNSON, OR CHARLES MORE, OR DANA S. PRIVETTE, ALL INDIVIDUALLY of EDEN<PRAIRIE MN its true and laWful Attorney(s)-in~Fact with power and authority hereby conferred tO~ign, seal and~xecWtednits behalf aJllawful bonds,undertakings an9 other obligatory instruments of similar nature as follows: .2.rOOO, 000.00 / and to bind UNITED FJRE & CASUALTY COMPANY thereby as fullyandtothesameextE;int as ifsuchinstrumef)ts\Nere signed by the duly authorized officers of UNITED FIRE & CASUAL TY COMpANY and all theuacWof said Attomey,pursuantto the autqqrity hereby given are hereby ratified and confirmed. ... The Authority hereby granted shall expir~ 29th gay of June, 2007 unless sooner reVtlked. .. , . ' .- ' '. .." . '.-. . .. .. This power qf Attorney ismade and executedpursuant to and by authorty(jftheT6116vyin~ By-Law dulyadQpfed by Board Of Directors of the Company on April 18, 1!;j73. .. . "Article V ..Surety 80nds and Undertakings" ....... ......../ Section 2,Appointment Of Attorney-in-Fact "The President or any Vice President, or ahY otb~r6fficer9fJheCompany may,... from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of poliCIes ofinsuranqe, bonds, undertakings and other obligatory instruments of like nature. The sigpaturepf any officer authorized hereby, and the. Corporate seal, may be affixed by facsimile to any power of attorneyorspE';siaLpowef ofattorq\:;yqr certipci3tipn pf either authorized hereby; such signature and seal, when so used, beinQad?pteg gythiS Comp~ny ~$th!; originatsiQn~1ureolsuch officer and the original seal of the Company, to be. valid and bil1diO~ l.lportthe Qompanywitr the Sj3meforqe and effect as though manually affixed. Such attorneys-in fact, subject to theli#iitatiomii .*t forthintheJ{ rE3.~p\:;ctiv!;gertificat~s ofguthority shall have full power to bind the Company by their sign91we~PQ exesutipn pf9ny~pp.b instruments and to attach the seal of the Company thereto. The President or any Vice President, th.e Board. of Directors or any other officer of the Company may at any time revoke all power andauthOtitypreviously given to any attorney-In-fact. '.:. :;: " " :::.__ , , ," , " ,', ' " " ,: ::::;":,:':,: d., ~'r~ ... INWITNESSWHEREOF, the UNITED FIRE & CASUALTY CQMPANYhas c9ps~dtt1e?~.pre.~eht$to be sighM.by ,t~IIO~~. itsyicepresidentand its corporate seal to be hereto affixed this 29tl:1 day O:f.Jqne,.2p05 ........... .. .I..:...~...... UO.lTE 2t,'\./ ......... . Ii"" _..__ ~I! 11f\"Tr::r\LIr:)f::O~ACI I Al:trV.,:AAKi1DA.:i\IV. \~} u", ''--lJ f If''-- I.X vr'\'-'Vr'\"i!' .'V'-"~"0'.'.'.. By ~ .rl~c Vic!; Presid~nt Statl:libflpwa, County of l..inn, ss: ,.... .. . .. dn29i:;h d<3,ygfJUne, 2005, pefore me personally carne Randy A. Ramie ..... ...... ./( . H.... .. . to me knovvn, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids,Statr9flow?;tnathelsa VicT Preside(lt.ef the UNITED FIRs & CASUAL TY COMPANY, the.corporation dTscrib~din aDd which exe.9tjfe9JDe abov~jnstr\Jment; Jhf~ he knows the seal of said corporation; that the seal affixed to the said instrumehtis such corporate seal; that it. was so affixed pursuant to authority given by the Board of Directors of said corporation and t,hat he signed hisjpme thereto pursuant to like authOrity, .. ~nd. ~Ck._..n. O.IN...,..~e. ~.~e.. ..s_~~.Jn..~. .tPP!;~. _~Gt. and deedofsp Id corporatlpn..t.........! )..................r..........~....{ .l........................./.....~. ,........ '.../..>.;.... 'lflk.........i .' J, {31. ". ' .~.c OM.M..:; s..~~:~ d '~..BESR ?:3"mrN......o..'..ftary.(......;p.'.t~.b....I....i.l......( 6.............ty...I.U....... (0............ ~ .XGy.. .. . MceMM SIGN. M.. d... - '.\/'. ,... .,.. ... .... .l/---:>--'" .. y commlSSJon~lres. I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section oftheby-I.<;jwsofseid COf11pa~y aS$$tforthin$aiopovver~f Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAIQCPMPANY;@nd th(";t tQ; satne are correcttram?cripts . thereof. andgf thi:! whole of the said originals, and that the said Power ofAttorneyhasnol been r€vo~ed@n(tfsnow in full force aJ1d effect ..... . .... ... ....>.. In testimony whereof I haveh\:;reunto subscribeomy namElandaffiJ<€l9.the corporat~se~l()f thesaidCompahY this 4t-.n day of October 20~. . . . . j}~A.~./~ &//S -~c~ary BONDOO140802 ~~" t"'" _ I '\ ".~ I E' [)~,; '\ I E -\"1 t) t" P '\ ~" ~ t; ~_ )T~,~'EO[=" 1_-\" \-t=l? h.s h::r :r:elr J:Jrhonzed capacI~;(:e:;l. ar:d cr,r J:. r,lei he'- rl-:c::r :;:gT:l['..rel:;1 ~'[1 [te InSTEYl::r,: :l-::: pe,:;sJI 5; C' S'.lbsc;:-ibed (0 the ~\.ithin instrument and ':lC::kno'A lc:dg,ed w me all thar he :;he Ihe.'- ex::cU[.e2 (h.e S2ffi.e Ii 10,o'-\n [.:' me (or pro';ed t,) me on [.he DE::; ,_,[- :;3.[i:;I-3.C:O,:. e\ ,dene.:;) rc.. be che- D.er:;L'W:; I \\. Cn , - " ::7e:or? ~:= ::::~:;,:'.:-:3.,~-. !.::::; ;:;-- ;e:1Clr:" upon behalfofvvhich the pers,=,o':;i 3.cce,.:L .:;'(e':::1.1r,e.::1 ,he li1strum::r.: FLRTHER. ir'cr~e p,if1CIF3. to COrpOr3.Cl')[, 0, a llmit,ed tiabdiry COlpor3.CliXL [he: ro:saij 3.ck..,l.,y}.ledgo:s cha[ [he seal affi.:<.ed [0 eh::: regolC'," b.)r:d l5 che corporate seal of [he corpo'-3.[[)r'. aild [hac sa,::! b\)r.d 'Y3.S e.:'.:,ecu[,ed ID sehalf :-:- [he CC)rD'~W:L::;f!. b: ::,'.:~i'onr. oft:5 B\Jard ;)fD,rec~or3 ,-\Tnt:;s r.-::; hand and OiTICn! sea! ::> ,.:::, ':.J(ari r.lC.lE I C-\.PACln- CLAL"l.ED BY SIG:'>il::R SIG:"<l::R REPRESE"iTI.:'iG r [\ n['VIDC.U P.-LRT="'t:R(S) :'>i.-\...:HE Of FIR'\,[ , E."'iTITY CORPOR.\. TE OFFICER LL CORP. OfFICER D051 :1i}D J03E:'J'1 Ii I! ! I , ACKNO\\LEDG:\[E~l OF CORPORATE Sl:RET1{ {?nwer of Arrornev must be arrached'1 ~~~~~~~)F r!ft,:::: :~ =>n O.J~JJ'(} t betoc:": p:,;cwal:' 'PO':"OO (' ~ IM;;J . W j'J?/,(-( ":,,),,[1 cn.J'-'-:", :..J r;:e '. or proved [0 me on U1e 0251':; ot ;a.nsf3.c:.:.::>ry e'iI1::nce.1 [:) b:::- [he- perSOll.l;) '.'c he,se namelS) [5, arc:: J.\:~n :1. - ,F 3.:: :~<- \ ::CLlj :') ~*~di:1 '..-) 3. .>)Q<:'"'C"3.:~~J:-1., rn.3..: -~e 3~3.. lr=:'(=d ~o ~je foregol~g 31~i ~r..':;~=-l-T~rl~ <<.:13 ~I grc::J ::::.: 3e:l~~i ~:1 ochaLL- of S3,td 'i~ ~~-:)-~31' i ,~):-f:=:::- a.=kI1(!'-'~' :OS0r3.~' ='i: !J-. . . ~::=- 3.~'J~e52.~2 .J~=~::~:-. 01,: ~_~:-.or::-'. . ' <)~ :=.=; U',) 1:-2 'J~- D:~=,::'}""3 ~=-:j 32.~:i i:-!':;~=-~~:::--_- ~I-::: j~ ~~:~ ~--::>'.'=' ~~- .:.:-'2 2::-::-,'= ':< .32:_ >:>?'::::-l-,J:-'. - ::". "::r;-- ::i -. ,..--,,>- :::: ~ ~: ~ BONNIE J. SCOTT NOTARY PUBLIC... MINNESOTA My Commission Expires Jan. 31,2010 ""':":..-:1:.,..-c CONSTRUCTION PAYMENT BOND Bond #54-164281 Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): New Look Contracting, Inc. 19696 County Rd 72 Elk River MN 55330 OWNER (Name and Address): City of Columbia Heights 590 40th Avenue NE Columbia Heights MN 55421 CONSTRUCTION CONTRACT Date: Amount: $ 1 20 , 147 . 75 Description (Name and Location): SURETY (Name and Principal Place of Business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids IA 52407 2006 Storm Sewer Improvements BOND Date (Not earlier than Construction Contract Date): Amount: $ 1 20 , 147 . 75 Modifications to this Bond Form: CONTRACTOR AS PIH1\TCIPAL Company: (Corp. Seal) Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: October 4, 2006 SURETY Company: Signatur . Name and Title: Charles W More Attc;ney-in-fact SURETY Company: (Corp. Seal) Signature: Name and Title: EJCDC No. 191O-28B (1984 Edition) Prepared through the joint efforts ofthe Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Reprinted 10/90 27 The Contractor and the Surety, jointly and severally, bind themselves, their hens, executors, admmlstrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which IS incorporated herem by reference, 2 With respect to the Owner, thiS obhgatlOn 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, indemnifies and holds harnlless the Owner from claims, demands, hens or suits by any person or entity whose claim, demand, hen 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 Contractors 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 Contract 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 now have a direct contract with the Contractor: 1. 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 furnished 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 from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the 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 (2) and sem a copy, or nolice lhtlefore, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnishing to the Contractor. 5. If a notice required by Paragraph 4 is given by the 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 Payor 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 (FOR INFOIUvlA TION ONLY -Name, Address and Telephone) AGENT or BROKER: NESBIT AGENCIES _____ ___J ~_5 2J7LH2.::-~LQ_Q __________ ymg au five e. Eden Prairie MN 55344 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, includmg changes of time to the Construction Contract or to related subcontracts, purchase orders and other oblIgations. II 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 from the date (1) on which the Claimant gave the notice reqUIred by Subparagraph 4 I or Clause 4.2 (iii), or (2) on which the last labor or service was performed under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are VOId or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 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 here from and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common 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. DEFINIT10NS: 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the 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 hetween the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor or to perform and complete or comply with the other terms thereof. o WNERS REPRESENTATIVE (Architect, Engineer or other party): )x UNITED FIRE & CASUALTY COMPANY HOME OFFICE- CEDAR RAPIDS, IOWA CERTIFIED COpy OFPOWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, Thatthe UNITED FIRE&CASUALTY COMPANY, a corporatiofl duly organizlilqand existing under the laws of the State of Iowa, and having its principal office in Cedar Rapid$, State ottowa, does make, constitute!3nd appoint ROSS B. NESBIT, OR .ROBERT E. HUl'TER, OR CHAD A.. NESBIT, OR T.IMOTHY G. ANDERSON, OR PATRICIA M. JOHNSON, OR CHARLES MORE, OR DANA S. PRIVETTE, ALL INDIVIDUALLY of EDEN PRAIRIE MN its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, sealand~xeoote in its betlalfall Ji'lwftil bonds,undertakings and other obligatory instruments of similar nature as follows: 2,000,000,00. .. ..... . and to bind UNITED FIRE & !JASLJAL TY CQMPANY therel:>Yasfull~and tothesameextent as ifs~chihs.trumentsWeresigfledpy the duly authorized officers of UNITED FIRE & CASUAL TY COMPANY and all the acts of said Attofney, pursuanttotheautl;iority hereby given are hereby ratified and confirmed. The Authority hereby granted sl1all expire 29thqay of June!.. 2007 Unless $9Pner revC?~ed. ,. .. . This power Of Attorne{is made and executeg pursuantto and by authotity~f tile folloWing By-Lawdulyadppted by BOi3rdbf Directors of the Company .on April 18, 1.97:). .. ... . .. .. ... . "Article V - Surety Bonds and Undertakings" .... . . .... ..... ... ...... Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or aflY otl1~rOfficefoftl1f)COmpanynj~y, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in theexecution.of poliCies of insurance, bonds, undertakings .and other obligatory instruments of like nature. The sig~ature<of anypffiCflrauthpri4rd hereby,and the Corporate seal, may be affixed by facsimile to any power of attorn~yqr sp~ialpowerofattorpf)Y9r celi;ificationof €lither atrthorized hereby; such signature and seal, when soused, beingaoppteqqy the9omPfny~s the original signa.tureofsuch officer and the original seal of the Company, to bevalid and bindlQ9yponthe Compa.D~witr the sameforceandeffectasthough manually affixed. Such attomeys-infact,subject to}he< Hmitation$~~t forthjrrth~ir respective certifica.te:.:; of authority :.:;hall have full power to bind the Company by their sigr1<1ltprE!?od eX6pLJtiphpfanYTHQh instruments and to attach the seal of the Company thereto. The Presidentar any Vice President, the Boardef Directors or any other officer of the ~ompany may at any time revoke all power and authority previousIY.~iven to anya~orneY-in-fa~t.. ~.,..", IN WITNE,~~WHI;REOF, the UNITED FIRE & CASUALTY ~OMPANY has c?us~ thes~ pre;ser1t~to be si~ne<:l by #. ~~..~...... ~. Itsvlcepreslcientand Its corporate seal to be hereto affixed ttus 29th day ofJ1;lne, 2(lOS ': 'Q_I1O.I_lTE ~~ I'I! ~Jj , ,,,,,,.-rr-r"'\. r-I ~r-n.. ...... ~ ,-.. ,'^ I.-:'."T-\ I. ""',......;..'-Ar""'\. .A;'i. Po"; ,\~J UI'III c:u rlr<;c: C< v......vU......L.1 L\..,..U1VII"'MI'H .."" By ~ (j, ~ Vice Presiq.$nt State oftowa,County ofl.inn,ss: On 29th day. of Jllne, :m05, j)efore me personally came Randy A. RamIo ......... ... . .... .. n ......i ...... to me known, who be;ingi;lYrnedu1y sworn, did depose and say; that he resides in Cedar Rapids,/.State pf low?; th~t!1eisllNi9l:l President of the UNITEDFIRi;exCASUAL TY COMPANY, the. corporation dTscribedin~nd which eXecuted. the aboYejn$trymen~;.thet he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was :':;0 i3ffixed pursuant to authority given by the130ard of Directors of said corporation and t,hat he signed his name thereto pursuant like authority ".a n? ~Pk._n p.....w...'~ e.9..~.e....s..~. ..!1l.....e... J?Pf.......L.tb....... ...... fl. i.fct anddeedofsi3 i d corppration ..........J..........;.'. J........../.. !....i .f.:/'.... ,1.............1./.1.......... i....... .... i.. ..../9...;............)........ t {41~. ' ....ICOM~...fs..~~:NG~....BE...~. ~3m . /~..~a{y.(...'......Jub....I.ic..I.. ...1(~.:.....{........1{2. J7t... rgit/c...... "M',c;6MM!$SIQN M.... ...... ... . .. -;Oil" .... Ilr-. ~-'.0~ . .. y CommiSSion e Ires: .. I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of.AttorneVand. affidavit, and the copy of the Section of thepHayysofsaid Compa0Y assetforthiDsaiq POY'{erpf Attorney, with the ORIGINALS pN FILE IN THE HOMEQFFICEOF Sf.IDCQM~ANY,<<3nd tha.t th~ s?3tn~are c.orreqj:t.ran~cripts thereof. and of the Wholeofthe>said originals; and that the :.:;aid Power of Attorney has not been revoked and is now in fu/lJorc~ and ~ct . . .. lntestimqnywhereof I have her€!unto subscribeqrny narne and l:1ffixedthe corporat~ se.aLof the$9i<:JCgtl1panYi this 4th day of Ort- nnpr 200..6.-. LJ~A. ~ A< p/ -~c~aty RONOOO140RO? ;.. l 1"\.~"""7 [J \ < I E f) ( ~ '\ I i ) ~ '\ C 1 r ST-'<_~E OF co C-',. Y ,l:- ---,F....- - ~ en :"'!.-: :;e'-:~,=.--,-J.__-. k:l0'~'vn [0 me (or pro';ed [,) me 'on [he OJ.5lS :)i- "J.[,si':lc:::)[~. ::;'. ,,:kr:ce} [,C' be [he persorti S i \\ se ::2",er s '5 0- subscribed [0 the \'.ithin instrument and ackno,~\redged [Q me all that he she rhe~. execuced [he Sime If h:s h:::r chelf a:Jthonzed c:apaCI[:;(,es I. ar,d [r;3.: ~:' i"c,s he, ch:::', 5l!f'.lr'_rei 3/ )[1 the rn3TJmen.: the persi:'111 SiC' r:;: e::[i[:o upon behalfofv"hich the per:;,::,n;:;i .:lcceJ. e'(ecL;[e:i the lo,srrumer:: FCRTHER. ir-[l--',e p::-i:,cq:::l ,s:: ::orpor3.cior or a !imired IlabiIir) cOLporJ.:ion. [he .lr,yeD;J .lckJ,,-:,'-\[.edges [hat [he se::d .lffix.ed C0 [he ,~l'~'lf'_ bi::Jnd is the corporate "cal of the COLpc,r3.[l)[,. 3.i1d [hac oC'Gd '.'.3.5 c'\,Ccuc:,:,d rn 1:Jenalf:::- [he C::::':-O'::Tr ,:[1 b', of[[5 Board oCD:reccor:; ,,\ l~ESS r,:'! f':and and oEfieul :;e3.: ~ ~~aLL.re r SE,-\L' :";,:,rar; I I I CAPACIT\{ CLAL'\rED BY SIG:"i"'ER S[G~"ER RfPRESE~T['iG I 'I I-"'<'Df\ mr.-U. P,--LRT:"i"ER(S) !\i,-L\[E Of FIR\[ , E:'\;TITY - - CORPOR-\. TE OFFICER LL CORP, OFBCER - - 0C.S~ :}oo : ; I , ACKc'i'O\\1..E][)G~J[E~~ OF CORPORA. TE SURETY (J>>G'.....e. of .-\rtorr1e, must be artaehed) :; T..\.. TE OF fJ1, 'IV,(/.R SofA I:-k If/ de J'J I ;(/ I ;)..ell/I h ::__~ ~~ --',~ ;'" -C'l...~~-~--i /1 It,.",,,,, /(!'S " ,--.elUL~ "".~'..... peL':::'L_,-J.~t~~ .;l.t-"::--'--~--"-"";'~ C;I('~ fA /- J?1 OJ( '-t_ . lJC;[,3,)~:2;l, =Ol0-:TY OF ~ r: ~c:l r, / (J1,)'A:J. :':) r.::e (or prD'v':;d to me c>n [he 02.5IS o(;,J,c["ficr,::;ry :;'. i:i::nc:':') D b-:: [he persDru:;) \,hose namel:;\ l:; 3.r:; :1..-[a.:: i:JC- (::or:d :Or::;J3.I.1'i) , .. ~ - ~::: .3 ~ l~ 3.. [.: ~ Z~Cl :0 ~.l.e [Orcg0i.~g In,; :l'"I-1.rr=~ ~ )l gr.ei 3.:".d sea'::c l;c bel13.I,- of 3cud :::080,3.:::'" b ,:':: ::':')-::32,::; ,.' 'e: :e~.::: :L::--,'Y:::; 0':- 'e:; 8,=, Lei ::,:- D r~:-Y3 3.:-::: - -.=>.;J.. -,..... - - -- --. - - - - -- - ~ J '= -:-.J I): 32.. _ :: '):1::.J"- 1 ') ~ 'i~ 3.C-)-:;33.:1 ;)~Z-~=::::- 2.=kI10,.\~~jge-C~ ;2::1 :~:;~=-L~~:-:~ ~i~::;~ ~~-:: ., -I~~-~ S 3 .S=.-l..L' BONNIE J. SCOTT NOTARY PUBLIC - MINNESOTJI. My Commission Expires Jan, 31,2010 ,,>~c;:i:-:::~ ~.. ~ 2.__=-=- OCT-09-2006 MON 02:03 PM FAX:3~036302~~ PAGE rj A CORD", CERTIFICATE OF LIABILITY INSURANCE I OATii (MMIllD/YYYY} J..O)~J2006 PROOUCER (320) 363~7350 FAX (320) 363-0222 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Nesbi. t Agenoi.es I Ino. ONL.Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AM=ND. EXTEND OR 24 W~st Bi.roh St. ALTER THE COVERAGe AFFORDED BY THE POUCIISS BEl-OW. PO Box. 69 at. Josenh MN 56374 INSURERS AFFORDING COVERAGE NAIC# INSUl'lI!O INeUR~R A'. Genera.l Catlual tv Naw Look Contract~gr Inc INSUReR El: ~~696 ct Rd 4;72 INSURER C: INSURER 0: E~k Rivllir MN 55330 INSUReR !; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THI:: POI..ICY PERIOD INDICATED. NOTWITHSTANDING ANY RSQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT lNIiH RESPECT TO 'MilCH THIS CERTIFICATE MAY aE ISSUED OR MAY PERTAIN, THE; INSURANCE; AfFORDED BY THE POLICIES DESCRIBeD HERElN IS SUeJECT TO ALL THE TERMS, exCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. I~: ~~ 'lYPti OF IIllSlJRAHC. !'OLlCY Nl)IIoIB~ ~>Hi1~~~ ~l?l =~H UMrrtl ~eMl. UA!ILftY EACH OCCURRENCE $ 1,000,000 COMMERCIAL. GENi:RAl.I.IA!lILITY ~~~'Es IE. OCOUl'1't1'lCOl\ 5 50,000 A ] CLAIMS MACE D OCCUR c:m.o364425 1/9/2006 1/9/2007 M!!D l!XP'Anv on. ~\ :$ 10,000 PERSONAL a ADV INJURY :$ 1,000,000 GENEAALAGGRE"ATE $. 2,000,000 ril'LAGGREn UMfT rr:l PER: PRODuCtS. COMJ'l'OP AGG $ 2,000,000 X POLICY ~N1r Loe ~TOMOBILE LIABILITY CBA 0:364425 01-051-2006 01-0Sl-2007 COMSINi:D SINGLE UMIT 1.,000,000 $ ....!.. NN AUTO (Ee llCCki&rIIJ A - AU. OWNED AUToa BODILY INJI,lI<Y (Per pel"1lOfl) $ - SCHEDULED AUTOS - HIRED AUTOS WDILY INJURY :$ NON-OVVNEO AUTOS (Ptr aooidml - - PROPERlY DAMAGE . (Pwaocldllnl) =fGS~liN AUTO O~ V - t:A ACCIDeNT $ )JoN AUTO OTHER. THAN EA ACe S AUTO Oi'll. Y; AGIO $ A @ESSIUMSREUA UASIl.IT'1' CP.A 0364425 01-09-2006 01-09-2007 $ 2,000,000 x OCCUR 0 CLAlM$ MAPE AGGRi:G"TE $ 2,000,000 $ R DEOUCTIElLE $ Ri:l"l!NT10N !I ~I s A WORKlORS COMI'!:NSAMN AND jI:Y~- I!MPLOY!RS' UABlUiY AN( PROPRIETORJPARTNERiEXECunve !.L. !!ACH AOCIDENT S 500,000 OFFICERIMEMB~~ EXCLUDED? CliIA031'1442!5 1/9/2006 1/9/2007 E.L. DISEASE - EA EMF>LOVeE $ 500.000 If yes, ~c. und<ir E.L. DISEASE - POLICY l.IMIT S 500,000 SPEOIAI. PF;OVIBIONS ilglcw OTlil!ll D~SCIUP"ON 01" OPeMTlONSJt.OCA nONllNEHICLESlEXCLUStOHS ADDED 13V i!NOO~eM!NTIllP!!CIAl. PROVUiIONS Cex:t.i~iOll.te Bold4lr will b4l lilltcoci "'s lI1l a.dd.iUQn~ inaurltd on the policy a:n.d. fo:: the ~~ojaa~ at 2006 storm Sewer Reh&b~~t&~on, City Projeot t040~ Ci.ty o~ Columbia Haights 637 38th Ave NE Columbia H&ights, Ml!I' 55421-3806 CANCELtJ.TION llHOUl..O ANY OF '!'HE ABOVIi lJIi9CRI8EO POWC]l!!S !!Ie CANceu..eo IlI!FORI! nm lOO'lRAllON DATE THEREOf', THe ISSUING INSUR.eR WILL ENDEAVOR TO MAIL .!.2- DAV9 WRIT11iN NOllCE TO ll'ili! Cl!ftTlI'ICAn! HOLOeR IiAMI!D TO THe L.EFT. auT FlAlLURE 1'0 DO 90 $HALl. IMPOSE NO OeuCATION Oft UA8lU'lV 01' Am KIND UPON THE CERTIFICATE HOLDER ACORD 25 (2001/08) INS02/S (010Il}.0IS' AMS VMP Mortgll;<l SolutiOflO. IlIc. (600)3.27-0646 OCT-09-~006 MON O~:03 PM FROM: FAX:3=03630=== PAGE 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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). OISCLAIMER The CertIficate of Insurance on the reverse side of this form does not constitute a contract betv.Jeen 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 (2001/08) INS025 (010tS),oe; AMS P8g1!>2or~ !`'t 5~ CHANGE ORDER NO. 1 Pro.iect: 2006 Storm Sewer Improvement Citv Proiect: 0405 Owner: City of Columbia Heights Date of Issuance: October 30, 2007 637 38`'' Avenue N.E. Columbia Heights, MN 55421 Contractor: New Look Contracting, Inc. Engineer: City Engineer 19696 County Road 72 Elk River, MN 55330 You are directed to make the following changes in the Contract Documents: Description: Increase quantity for wearing course and non-wearing course bituminous mixture. Purpose of Change Order: The contract has been modified to include the cost of additional bituminous mixture. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 120,147.75 Previous Change Orders No. ~ to No. Net Change from Previous Change Order: $ None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 120,147.75 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 1,600.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 121,747.75 N/A Appro e ~ Approved By: ~ ~ ~ ~ C' ngine 4 By: J (Contractor) ~' Walter Fehst, City Man±ger