Loading...
HomeMy WebLinkAboutContract 2000EJCDC 2l34~® STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and/between the CITYrJOF COLUM~A HEIGHTS, ~~ // s . , ~/' ~~ MINNI+'.SOTA (OWNERI and (CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein., agree as follows: ARTICLE 1 -WORK 1.01 COM'RAC'fOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 200'7 STREET REHABILITATION, ZONE 2 AND 3 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. 0702 ® `STREET RECONSTRUCTION ~' VYATLR. M.A1N SANITARY CEthTER ® STORM SEWER ARTICLE 3 -ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINL;ERING 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. 20 AR'T'ICLE 4 -CONTRACT TIIVIES 4.01 lime of the Essence A. All time limits for Milestones; if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for J'ubstantial' C;ompi'etion crud 1' final' Payment A. The Work will be substantially completed on or before August 31, 2007, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before September 28, 2007. 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 ~r 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 far 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 fral 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 amaunts 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. 21 AIZ7'ICLIE 6 - PA Y1ViE1~1T Y'~2C3C;EI~EII~ES 6.01 S'ubntittal and Processing of~Payntents A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications far Payment will be processed by ENGINEER as provided in the General Conditions. 6.02. Progress Payments; Xetainage 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.1 and 6.02.A.2 below. A11 such payments will be measured by the schedule ofvalues established as provided in Paragraph 2.07.A ofthe 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 iess 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 being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEEK, 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 h. 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 of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07. 22 ARTICLE 7 - INTEREST 7.01 AlI moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6% per annum. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS i3.0 i In order to induce O wi3ER to enter this Agreement COi~TRr"~CTOR 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 ali federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the `JJork. D. CONTRACTOR has carefully studied ali: (1 } reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities} which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2} reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes resp«ns~a~n~y sur uuin~ sub a.~a acauiG~u~i~ni ui sut~4~ici~icilta~y cxaii3lnatioiis, 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. 23 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 a1I additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 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 CONT'RACT'OR. J. "I'he Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 24 AI~'I'ICLL ~ - Ci~l`r~Tl~~iC'~' I3<)Ct`1MEh''TS 9.01 Contents A. The Contract Documents consist of the following:- 1. This Agreement (pages to ,inclusive}. Z. Performance Bond (pages to ; inclusive j. 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 consisiing of a cover sheet and sheets numbered 1 through 36, inclusive, with each sheet bearing the general title Zone 2 or Zone 3 and the City Project Number. 9. Addenda (numbers to ,inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CUNTIZACTOR's Bid (pages to ,inclusive). b. Documentation submitted by CONTR.ACTOIZ 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. Notice to Proceed (pages to ,inclusive}. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.O1.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 of the General Conditions. 25 ARTICLE 10 - MiSCELLAI~1EC3i1S 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignme»t 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 o1' 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 ofthe stricken provision. 10.05 Otber Provisions (if applicable). 26 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions oI` the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on °~~ __, 2007 (which is the Effective Date of the Agreement). OWNER: ,. - CONTRACTOR: Address for giving notices: (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 ofOWNER-CONTRACTOR A «.4\ I-1 g11+41i1ctlt j. Atte;, ~ ,_ _ ._ Title: ~,~ __ __ _ r ~~ ~~ License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone:__ Facsimile 27 CONSTRUCTION PERFORN~ANCE BOND BOND NO. 104845971 Any singular reference to the Contractoe Surety, Owncr Qr other party shall be considered pfurai where aR 1SR cable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): MIDWEST ASPHALT CORPORATION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA P.0. BOX 5477, HOPKINS, MN 55343 ONE TOWER SQUARE OWNER (Name and Address): HARTFORD, CT 06183-6014 CITY OF COLUMBIA HEIGHTS 637 38TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 CONSTRUCTION CONTRACT Date: MAY 29, 2007 Amount: $1, 410 , 638.25 ONE MILLION FOUR HUNDRED TEN THOUSAND SIX HUNDRED TH 1 RTY E i GHT AND 25/ 100 DeSCriptlon (NAtn6 and I.ACat10n): DOLLARS 2007 STREET REHABILITATION, ZONE 2 AND 3 CITY PROJECT 0702 BOND Date (rot eariierthan Construction Contract Date): JUidE 4, 2007 Amount: ~ 1, 410 , 638.25 ONE MILLION FOUR HUNDRED TEN THOUSAND SIX HUNDRED TH i RTY E 1 GHT AND 25/100 Modifications to this Bond Form: NONE DOLLARS CONTRACTOR A$ PRINCIPAI. SURETY MIDWEST A mi~ai2~' co c rpI S~eal> TxA~C~~~'~y: ~,~.ea T RETY COMPANY Or AMERICE r Signature: ° Signature: °- Nam p.r ~ 't[r Y,~~O r0 m 0 Name and Title: DONALD R. OLSON, ATTORNEY-IN~FAC' I~ CONTRACTOR AS PRINCIPAL n,.._.____.. tn___ c~__tti a.viai~nai~. ~t..v~N. Ucaa9 Signature: Name and Title: SURETY n..-____.. sn___ c.,_t~ a..e.raeet.rn~ay. ~a.ve y. aeu,~ Signature: Name and Title: EJCbC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract F~ocuments Committee, The Associated General Contractors of America, and the American institute of Architects. 28 I. "fhe Contractor and the Surety, jointly and severely, binds themselves, their heirs, executors, administrators, successorf and assigns io the Owner for the performance of the Construction Contract, whioh is incorporated herein by rofMence. 2. if the Contractor performs the Construction Contrect, the Surzty and the Conrector shall have no obllgatian under this Bond, except to participate in confcccnces as provided in Subparagraph 3.1, 3. if these is no Owner Default, the Surety's obligation under this Bond shop arise alter; 3,1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owrtcr is considerirsg declaring a Contractor I7afauit and has rcquasted and attempted to arrange a conference with the Contractor and the Surety to be hold not later Ihan fifteen days after rCCCipt of such notice to discuss methods of performing the Construction Contract, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable tune to perform rho Conswction Contract, but such an agreement shall not waive the Owner's right, if any, subacquently to declare a Contractor Default; and 3.2 The Owner has declared s 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 Surcry have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agrcad to pay the Balance of the Cantrect Price to rho Surety in accordance with the terms of the Construction Contract in accordance wit the terms of the contract with the Owncc 4. When the Owner ha6 6atisfiod the conditions of Paragraph 3, the Surcry shall promptly and at the surety's expcnsa take one of the following actions: 4.1 Arrenge for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 1lndcrtako to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4,3 Obtain bids or negotiated proposals for qualiSed contractors scoeptablc to the Owner thr a contract for performance and completion of the Construction Contnot, arrange for a contract Io be prepared for execution by rho Owner and the contractor selected with the Owner's concurrence, to be secured wi[h performance end payment bonds executed by a quaiifled surety equivalent to Iho bonds issued on the Constitution Contract, and pay to the Owtter the amount of damages as described in Pentgraph tS in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's def>,ult; or 4,4 Waive it6 right to perform and Complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstancat;: I. After investigation, determine the amount for which it may ba liable to rho Owner and, as boon as preciiaeble after the amount 19 determined, tender payment therefore to the Owner, or Z, Deny liability in whole of in part and notify the Owner, or 5. if the Surety does not proceed as provided in paragraph 4 with :easonable promptness, the Surety shalt be dCemod to be in default on this Bond fifteen days a tteC PGGGipt of an additional and Wriners notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If rho Surety prnoCeds as provided in Subparagraph 4,4, and the Owner rofusea the payment tendered or 4he Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the t?wner. 6. After rho Owner has terminated the Contractor's right to complete the ^-- Car,su,;4~ivr ~.wriiiivt, aad if uie Surcry cicct9 io act under subparagraph ti.i, 4.2, or 4.3 above, then the responsibilities of the Surcry to the Owner shalt not be greater than those of the Owner under the Co?+gtr+>ctian rontFnet, .nd tilt. reaponsibititias of the Owner to the Surcry shall not be greater than those of the Owner under the Construction Contract TO the limit of the amount of this Bond, but subject t0 Committed by the Owner of the Balance of the Contract Prioe to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The rasponaibllitics of the Contractor for correction for defective work end completion of the Construction Contract. 6.2 Additional Icgal, design professional and delay costs resulting from rho actions or f>tiiure to act of the Surcry under Paragreph 4; and 6.3 Liquidated damages, or If no liquidated damages are speeliied in the Conatrvctlon Contract, actual damages caused by delayed performance or non-performance of rho Contractor. 7. 97re Surcry shat! not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Gontraat, mtd the Galancc of the Contract Price shall not be reduced or sat off on account of any such unrelated obligations. No right of action shat! accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or aucacS9ofS, g, The Surcry hereby waives notice of any change, including changes of lima, to rho 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 eottrpctent jurisdiction in the location in which the work or part of the work is located and shalt be instituted within rwo years after Contractor Defauh or within two years after the Contractor ceased working or within two years agar the Surety rCfusas or tints to perform its obligations under this Bond, whichever occurs fltst, If the provisions of this Paragraph are void or prohibited by taw, the minimum period of limitation available to sureties as a deftnse 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 6hown on the signature page. 11. Whtn this Hond hag ban furnished to comply with a statutory or other Icga1 requirement in the location whore the construction was to be performed, any provision in this Bond conflicting with slid 6tatutory or legal rcquircmrnt shall bo deemed deleted here from and provisions conforming to such statutory or other legal requirCmcnt shall bC deemed incorporated heroin, 'fhe intent is that this $ond shat) be construed as a statutory bond and not as carrimon law band. 12. Definitions: 12,1 Balance of the Contract Prlcc: Tate total amount payable by the Owner to rho Contractor under the Construction Contract attar ell proper aQjustmcnts have been made, including sllowanoe to the Contractor of any amounts received or to ba received by the Owner in settlement of insurance or other claim s fdr damages to whioh the Contractor is entitled, reduced by alt valid and proper payments made to or on behalf of the Contractor under the Contreotiors Contract. ! 2.2 Construction Contract: The agrxmant between the Owner and the Contractor idenHficd on the signature page, including sit Contract Documents and changes thereto. 12.3 Contractor Dcfauti: Failure of the Contractor, which has neither been tetttodied nor waived, to perform or otherwise to comply wit the terms of the Construction Contract. 12,4 Owner [kfaull: Failure of rho Owner, which has neither been remedied nor waived, to pay the Contractor as requlrCd by the Construction Contract or to perform and aomplcte or comply with the other terms thereof. (POtt tNFORMA7']ON ONLY-Name. Address, and Telephone O EERS REPRBSENTATiV13(Architcct, Engineer, or other party); AQENTorBROKER: COBB STRECKER DUNPHY & ~IMMERMANN, C. 150 S. 5TH STREET, STE. 2800 612-249-2400 ~~ ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA County of HENNEPIN On this 4TH ss. day of JUNE ~~-` - 20 ~ ~ before me appeared i; ` ~ to me personally known, who, being by me duly sworn, did say that (s) he is/are the = ~' A i,~ec~"'~% ~ ~ of _ I t ~ 4 ~_ ---~ t P e P Midwest Aspha~` vorporatio:r a corporation, that .he seal afNxed o t,.., orgoing instr~,.m.,nt s th., corporate seal of said corporation, (If no seat, so state, and strike out abo~as~tcyc"rirporate seat),d .said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said ~ /ff~~?.-a° ~ __. ~' ackrnowledged said instrument to be the free act and deed of said corporation. '~ / .-~ `~ ` ~ _.~-- ,, ~,. _~Y MAY ~iC~~l~ ~ .~ ~.~ ~~5 ,-'` .e' ry _ '~ ~~ Public NotaryPublic~,°~ _TCo `"~s®ta My commission~xpires /~ ;~'/' ~~%31.2!~?d v~ ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HENNEPIN On this 4TH day of JUNE 20 07 ,before me appeared DONALD R. OLSON to me personally known, who being by me duly sworn, did say that (s) he is the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the seal affixed to the foregoing instnment is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said DONALD R. OLSON acknowledged said instrument to be the free act and deed of said corporation. f°_` . r ~ _... ~ ~ - ~ ~ .. 4.., ~ d, ~. _ i ~li~DFiA ~~. DOZE Notary Public County,_ 7TARY PUBLIGMIPyNESOTA ~,-_,m„-,_n raw, ~~ Jaa ~~, 2614 My commission expires Attorney-In Fact No. 218399 Certificate No. (~} ~ ~ `~ 1SNOW ALL MEN B"4' T'HFSIJ' PKESEN'I'S: That Seaboard Sw~ety Company is a curporatictn duly organized under the laws of the State of New York, that St Paul Fire and Marine Insurance Company, St. Paul Guardian ]ntiurxnce Company emd St Paul Mercury Insurance. Company arc. corporations duly organized under the laws of the State c~tf Minnesota, that Farmington Casualty Company, Travelers Casuahy and Surety Company, and Travelers Casualty and Surety Company of America are anporations duly organized under the laws of the State of Connecticut. that united States Fidelity and Guarmty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Irrsm-ance Company is a corpcn-ation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, I11C. is a Corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Bruce N. Telander, Donald R. Olson, John E. Tauer, John P. Martinson, Linda K. French, R. Scott Egginton, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Olson, and Joshua R. Loltis Minnea olis Minnesota of the City of P ,State of ,their true and lawfiil Attorney(s)-in-Fact, each in their sepru~ate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional m~dertakings and other writings obligamry in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfiormance of contracts artd executing or guat-antee~ing bonds and undertakings rec'luired or pzmutted in anyacYious orpi-oceedings allowed by law. IN WITN~S~ci~HEREL3F, the Comp~~ have Caused this instrwnemto be signed and dicircor-gorate seats to be hereto affixed, this d~~~e of Farmington Casualty Company Fidelity and (>uaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, lnc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 8th St. Paul (guardian Ltsurance Company St. Paol Mercury Insurance Company 'I~aveiers Casualty and Surety Company "lYave[ers Casualty and Surety Company of America United States Fidelity and Guaranty Company G AS U,1~ g,r,y~ TY Sr~RC: ry dY FORE ~a"~.. ~\~'~..~KS(/ 3~p~ tNSUge....; Jp\t Y^ANp ~M~RA YYTY.•~ p2 LOaaoq,, qA,~ c3" ~'O~"P~ a t4~¢~'C3/ `° \'ria 5'~y~' "=~ ~r~~. .~ -M1~:. _... yy ;, ,_?/ \S6 Yp°'! uFS 5 b (1 M ~PORATEp N ~ Ey ~~ -' fir.' )j:`"fl PPngy'~ mi iW:GO r f :c m ~ ~ I z qf~§82 0 ~ ~.77/ g ~~~~ ~ j ~ „nn ~~: :~: -•_ :n'- w HARTFORD < ~~'HRR'iF6FW, ~e ~~'~~~ g ~ "+E _lS' D ~ i 951 art _ ~~._S h: A L o s ` ~'. ' ° ° CONN. ~ ~ CONM. ~ N t896 ci^ 1 y # ~.1 ary 4~e., ,q j '~6;SEAY.jn `' r° ~6y~•. ~ yN{y - y tit ~~ }~~ ~GF tvFrt ~"%r~'r:ANC~.;s~ ~,ls s`.,,.aANyB. ~a.;s.. ....-H\'ar'~ 6dr Nyz v9 1~Aft~°. 'tis ,„.,.~'"'~ ~~~~rwr State of Connecticut City of Iiartford ss. 8th March 2007 Bv: Georg Thompson, enior ice President €~n this dro day of hefi,rre me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmin~TOn Casualty Cc'>ml,~any, Fidelity and Guartmty hisurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Pau] Fire and Marine Insurance Company, St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelogs Casualty and Surety Company oP .~imcrica. and Ctnited States Fidelity and Guru~anty Company, and that he, as sueh, being au' 17orized so to da, executed the foregoing instruuTent for the proposes therein contained by signing on behalf of the corporauons by himself as a duly authorized officer. varlFiNiivia: I.,IS r'OWER OF ATTdRNEY IS INvnfID WIThJ~ r THE RED BdRDER This Po~~~a2t' of At, rn. y is grtnted tinder and by the authority of ttte follawin~= resohnions adopted by the wards oI E~irerxors of Farmington Cttsaethy Commpany. f'ideh[y and Guaranty Insurance Conrpany. Fidelity and Guaranty hrsurance Urrderwritc rs, Inc., Seaboard Sarery Company. SC. Ptru] Fire and Marine Insura€tcc Coinpan}~. St. Paul Guardian Insurance; Company. St. Paul Mercury Irrsurasrce Company, Trtvelers Casualty and Surety Company, Travelers Casualty and Surety Cornparr}~ t~f Amea'ica, atnd United States Fidelity and Guaranty Company. which resotutions are now in full frtrce and effect, reading as follows: I_;g(3LV~D, that the C`hairntan, the President, any Vice Chairman, any Isccutive Vice Pt''estdent, any SlflU~r Vice President, an}~ Vice President, an}~ 3ecoud Vice P._siderrt, dre Treasurer, any Assistant '1-censurer, the Corporate Secretary or any Assistant Secretary may aP,~~-int Attorneys-in-Fact stnd .Agents to act f<,r and t,n behalf of the Company and may give such appointee such ttutlrority as his or her certilii-ate crf' autlxrrity mad pr -, ~~_~ to sign cai[h the Comp~rtry's name and seal with the Coupany's seal bonds, reeo~~nizances, contrarcts of indemnity, anc{ other writings ubEig~ttory in the nature of a fond, recognizance, or ct,rndititmal underttk3ng, and any of said officers or the Board nF llirectors at anv time may remove any such appointee and revoke the power givat him or het; and it is FUR'£HFR RES43LVE)~, that the Chairman, the President, tiny Vice Chairman, anti Executive Vice President, anv Senior" Vice Presidert[ e~x' any Vice President may delegate till or atry part of the Ir :egutng authority [o one or more officers cr cn~plcyces of~ thrs Conrpttny, prot~idc.d that each such u~Irgrtuott is in wrrtiirg urul tr colay~ thereof is filed in Ehe office of the Secretary; and itts FgJR~'Hi;It Rb;SC)TA'14"I9, that arry hand, recognizane'e, contract of indemnity, ur writings obIigatot}~ in the nature of ct bond, rccugntrance, or canditiirnai undee2akri shall be valid and binding upon the Company whoa la} signed by the President, anv Vice Chairiman, any Executive Vice President, any Senior Vicc President ur any Vi :. President, any Second Vier: President, the'Crearsurcr, an} Assistant Treasurer. ti~re Ciuposte Sccrettuy ur any assistant Secretary and duly attested acrd sealed with the Company's seal by a Secretary or assistant Secretary: or (bi duly executed Zander seal, if required} by ogre or more Attorneys-in-Fact and .~gcnts purst€,urt tc [he prrwer prescribed in his or her certiticatc or their certificates of authority or I7y one or more Ci>mpany nfficers pursuant to at written delegation of authority: and it is FLJRTI~Eit RES~F,VFI~, that the signature of each of Che foDowing officers: President, any Executive Vice President, tiny Senior Vice President, any Vice Presidei any :15sistatrt Vice Presidetrt, any Secretary, any Assistant Secretary, atnd the seal of the C`ontpany tray be. affixed by facsimile to any power of attorney or ict tiny certificate refuting thereto appomtrng Resident Vice Presidents, kesidenC Assistant Secretaries or Atu">are.ys-in-Fact for pw~poses only rtf executing and attesting bonds and undertakings` and other writin~a5 r,rl~yhgatory in the nature thereof, and any sucl~r prrwnr of aCtorney or certificate bearing such fatcsin~iIc signatut~ or facstn7ilc seal sh< be valid turd binding upon the Company and atny such power so executed and certified by such facsimile signature. and f~resimile seal shall be valid and binding on thr~ Company itr the future with respect to any bond or tmderstanding to which it is attuclred. I, Kori M. Johanson, the undersigned, Assistant Seerex;rry, of Farmington Casualty Cuurpany, Fidelity and Guaranty hnsurance Company. Fidelity and Guaranty Enstrrturcc Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, S[. Paul Guardian Insurance Company, St. Paul Mercury Insurance. Company, Trarvelers Casualty and Surety Company, `£rzn~~lers Casualty and Sure __ c'^~pany s~f Art~rericsr_ :a^d United States i~ideliry and Guaranty Company do hereb~~ certify that the above and foregoing is a true and correct copy of the PCrweT f ~xeeuted h~ -:~1 r~ornpanies, which is in full force and effect and has nrtt been revoked. ~'~' d'E5TIMONY WHEREO`, I have hereunto set my hatrd anc ~d the seals r>f said Ctltxa~anies this _ 4TH day o~I~ JUNE _ ,tl~ ~ Kori M. Jahans Assistant Secretary --- PSU (~ .r~(^~.~~ 'ppL~, GJ^. SUR.7}~!'i ^4~~~~~~F%~AE 4~y .. 'h~~...~.~.5.4 ..~..t tNSU..,,~.... tYR Q wadkra ~r--? -`~C/n l '~.L J`~ mo SMe:A%e. ISTYAA~ <` ocr°qr ` c~' a°6" ~ r /// ~ ~`-[y ,S >, ~.. _': y'q ;'`J ~': y °G ~. c ~\~" ('~ O zs (.¢~ gy~v~yy % a r~ ~L aPO~ m$ t+u O T ~ r ~ ~a~ ~ ~ ~ ffi iL 4_ S a ~? 8 ~ / a76 ! $~9 ~d~(.#tTFD rtN" 6 TG i ~ ¢ x> ~ .La ~ ~ PC a i F ~ A70Rp f : ~ ~~~ Q IPA ~'M1ECt^ .aFY < A ~ s gam, ;g: na HAFttfORD, < e~4't'Fdiq,l~a ~ T' S .,'•. C ~ n : , , : o : CONN. ~, CaNr+~ ~ in 9996 `S'6 N1 Ft+` ~s~IJ~ Y 4~, ~ ~ Cc ~~sa...E F}I,, ~}; ,oe:.S r<'. ~.'.~iab e > r° ;.. a „ a d h CF M16yy '.o-sbF~. r/~~` \,~S o AN~d- tsp..... ..~~ °'y ya ~ ~- ~y~~ l"~ AiiVd_ ,., .. e ., .°~.m~ To verify Che authenticity of this Power of Attorrcy, call 1-ft01}-4'1-3RS0 br contact us at www.stpaultrrvelershond.com. Please refer to tyre atu'>rney-In-Fact[ rrun?her the ttbaue-named individuals and the deFails of Che. bond to which the prrwar rs attached. WARNIRVG: THIS PdWER dF ATTdRNEY !S INVALID WITFIdUT THE RED BQRDER CONSTRUCTION PAYMENT BOND BOND N0. 104845971 Anv sineu-ar reference to the Contractor Surety Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name and Principal Ptace of Business}: MIDWEST ASPHALT CORPORATION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA P.0. BOX 5477, HOPKINS, MN 55343 ONE TOWER SQUARE HARTFORD, CT 06183-6014 OWNER (Name and Address): CITY OF COLUMBIA HEIGHTS 637 38TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 CONSTRUCT70N CONTRACT Date; MAy 29, 2007 Amount; ~ 1, 410, 638.25 ONE MILLION FOUR HUNDRED TEN THOUSAND SIX HUNDRED THIRTY EIGHT AND 25/100 Description (Name and Location): DOLLARS 2007 STREET REHABILITATION, ZONE 2 AND 3 CITY PROJECT 0702 $OND Date (Not earlier than Construction Contract Date): JUNE 4, 2007 Amount; ~ 1 , 410 , E 38.25 ONE M ! LL ! ON FOUP. HUNDRED TEN THOUSAND S i X HUNDRED TH i RTY E i GHT AND 25/100 Modifications to this Bond Form; NONE DOLLARS CONTRACTOR AS PRINCIPAL Company; (Corp. Seal} MIDWEST ASPHALT CO ~~TI Signature: t Name and ~ e: lair €3. ~~ it;~ ~ i~~ CONTRACTOR AS PRINCIPAL Company: (Corp, Seal) Signature; Name and Title; SURETY Company; (Corp, Seal) TRAVELERS CA A T ETY COMPAI~t~~~~1,~ICF Signature: ./M Name and Title: DONALD R. OLSON, ATTORNEY-IN-FACT SURETY Company: (Corp. Seal) Signature: Name and Title; )~JCDC No. I9i0-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Lngigeers Joint Contract Documents Committee, The Associated General Contractors of America, and the American Ynstitute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Reprinted I0/90 ~a "I'Ite Conireetor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materiels and equipment furnished for use in the performnnee of the Construction Contract, which is incorporated herein by reference, With respect to the Owner, this obligation shall be null and veld if the Contractor: 2.1 Promptly makes payment, directly or indiroctly, for all bums due Claimants, and 2.2 Defends, Indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materiels or equipment flrrnishcd for use in the pcrformanee of the Construction Contract, provided the Owner has promptly notifFed dse Contractor end the Surety (at the address described in Paragraph 12) of any claims, demands, lions or suits end tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety, and provided there is no pwncr Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractors promptly makes payment, directly or indiroctly, for ell sums due: 4. The Surety shall have no obligation to Claimants under this Hand until: 4.1 Claimants who are employed by or have a direct eontrnCt with the Contract have given notice to the Surety (at the address described in Paragraph 12) and sent n copy, or notice thereof, to the Owner stating [hat a Claim is being made under this Band and, with substantial accuracy, the amount of the claim. 4,2 Claimants who do now have a direct contract with the Contractor; I. Have fltrntshcd written notlcC to the Contractor and sent e Copy, or notice thcnof, to the Owner, Within 90 days after having last perfottnCd labor or lest furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the elnlm and the name of the patty to whom the materiels were furnished pr supplied or for whom the labor was done or performed; and 2. 1-lave either reeeivcd a rejection in whole or in part tram the Contractor, or eat received within 30 days of fUmtshing the above notice any communication from the Contractor by which the Contractor has Indicated the claim wit) be paid directly or indirectly; and 3: Not having bean paid within the above 30 days, have sent a written notlcC to the Surety (at the address described in Paragraph 12) and scot a copy, or notice therefore, 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 rho Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has aetisfiCd the conditions of Paragraph 4, the Surety shall pcomptty and a! the Surety°s expense take the follpwing actions; 6.1 Send an answee to the Claimant, with a copy the Owner, within 45 days altar receipt of the claim, staling the amounts that arc undisputed and that basis for challenging any amounts that arc disputed. 6:2 Pey or strange fbr payment for any undisputed amounts. %. T he Surety's total obligation shalt not exceed the amount of this Hand, and the amount of this Hond shall be credited for any payment9 made in good faith by the Surary. 6. Amounts owned by the Owner to the Contractor under the Construeiian Contract shalt be used for the parfatittancC of the Construction Contract and to satisfy ctairru, if any, under any Construction PertbttttaACC Bond. By the Contractor furnishing and the Owner accepting this Sond they agree that all ftmds earned by the Contractor in the perfhrntance of the Consttvction Contract are dedicated to satisfy obligat;ons of the Contractor and the Surary under this Bond, sut~ect to the Owner's priority to use the funds far the complCtion of tttt: work. 4. The Surety shall not be liable to the Owner, Claimants ar others fbr obligatiana of the Contract that era unrclatad to the Construction Contntct. The Owner shall not be liable for payment of any costs ar expCnscs of any Claimant under tlr;s 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. Tttc Surety hereby waives notice of any change, including changes of lima to the Construction Contract or to relatCd aubcontraets, purchase orders and other obligations. i 1. No suit or action shall be commenced by a Claimant under this Bond other then in a court of competent jurisdiction in the location in which the work ar part at' work is located of after the expiration of one year fYOm the date (1) on which the Claimant gave the notice requ(rcd by Subparagraph 4,l or Clause 4.2 (iii}, or (2) on which the last labor or service was performed under the Construction Contract, whichever of (I) or (2) f5rst 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 ba applicablC. 12: Notice to the Surety, the Owner or the Contractor shag be mailed or delivered to lira address shown on the signaturo page. Actual receipt of notice by Surety, the Owner of rho Contractor, however accomplished, shell be sufficient compliance as of the date received at the address shown on the signature page. 13. When this band has been fitrn(shed to comply with a statutory or other legal requirement in the location where the construction was t0 be performed, any provision in the Bond conflicting with said statutory or legal requircmcnt shall be deemed deleted here from 4nd provisions conforming to such statutory or other legal requircmonts shall be deemed incorporated herein. The intent is that this Hond Shall ba construed as a statutory bond and not as a common law bond: 14: Upon requests by any person ar entity appearing to he a poiantiai beneficiary of this Hond, the Contractor shall promptly furnish a copy of this SOnd or shall permit a Copy to be made. I5. DEFINITIONS; 15.t Claimant: An individual or entity having a direct contract w;th the Contractor or with a aubcomrecivr of the Contractor to fbrnish labor, materials or equipment for use in the perfarmence of the Contract. Tha intent of this Bond shalt be to include without limitation in the tams, "labor, materials or equipment" that part of water, gas, power, tight, beet, oil, gasoline, relephonc service or rental equipment used In the Construction Contract, erChitcctural and engineering services required for per'fbrmanca oC the work of the Contractor and the Contractor's subcontractors, end all other items for which a mechanic's lien may be asseRed in the jurisdiction whoa the labor, materials or equipment were ftrtnishod. 15.2 Construction Contract: The ngretmcnt between the Owner and the Contractor idamified on the signature page, including all Contrnct Documents and changes thereto. 15.3 Own« Default; Failure of the Owner, which has neither bCen remedied nor waived, 10 pay the Contractor or to perform and complete or comply with the other totms theregf (>rOR INFORMATION ONLY-Name Address and Tcle ~on~1 p~gg~I2;?PRESENTATCVE (Architect, Engineer or other party): AGENT or BROKER: COBB STRECKER DUNPHYp & ZIMMERMANN, 1.N(;. 150 S. STH STREET, STE. 2800 611-joy-L4UU 31 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ss. }. County of HENNEPIN J( On this 4TH day of JUNE 20 ~ 7 before me appeared to me personally lmowq who, being by me duly sworn, did say that (s) he is/are the ``!'~°,r',-~'° ', ~ _ ___"~ .'~ ~of _ Midwest Asp:ra2t Corporaticn a corporation, that the seal afF~xed to the forgoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out ab ~ as c rporate seal} 'd instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said '~ ~~'~ ~' aclrnowledged said instrument to be the free act and deed of said corporation. + ." t ~ ~ ~ ~. .~ _ g ~, tsuty~g~ ~ Notary Public~_ _;~. "= ~` C _ ,~[ Fn My commissio~r expires~_ ~~c~r°"" /`~", ~i,2Q10 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HENNEPIN On this 4TH day of JUNE 20 07 before me appeared DONALD R. OLSON to me personally larown, who being by me duly sworn, did say that (s} he is the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said DONALD R. OLSON aclosowledged said instrument to be the free act and deed of said corporation. l s'.`\, r _APJDFiA `"C ._ c= - NOTkRY PUBt.tGF,~lNFdESOTA ,.:, CO ~ml55i0n tzpir~s d~ n 31, 2G9? ~ ea ~ ~Q _ e ~ r,,. I r t 1' r Y V 1~.5 p 'ww.-_ Notary Public County,° ~ My comrnission expires WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~. ~EI~ ~F' ATT®R~~:~ Farmington Casualty Company Fidelity acrd Guaranty Tnsuranee Company Fidelity and Guaranty Insurance Linderwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 3tturney-In Fact iSro. 21g~99 St. I'auE Cruardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America Ltnited States Fidelity and C:uaranty Company Certificate No. a 14 g ~ t~J KNQW AIL MEN I3Y THESE PRESENTS: That 5eahoard Surety Compn,~ is a corporation :Iu1y rnaanized tnrder the laws of the State of New York, that St. Paul sire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Lisuranre Company are corporations duly organized under the laws of the State of Minnesota, d,at Farmington Casualty Company, Traveler:; Casualty and Surety Company, and 'travelers Casualty and Sw~eey Company of America aue ~~•rpcrratirrns duly organizes under the ]aws of thc~ Stale of Connecticut, that t-^ited States Fidelity and Cruaranty Comlaany is a corporation duly organized under the lawn of the State of Mvyland, that Fidelity and Guaranty h,surn,ce Company is a corporation duly organized water the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized ,order the Laws of the State of yWiscousin (herein collectively called the "Companies"'), and thaC the Companies do hereby make, constitute and appoint u~ Bruce N. Tclander, Donald R. Olson, John E. Tauer, John P. Martinson, Linda K. French, R. Scott Egginton, R. W. Frank, Craig Remick, Rachel Thomas, Nicole Olson, and Joshua R. Loftis c,t the Cny of MlnneapOllS ,State of_ __ Minnesota ___-- _ _-- ,their true and lawful Attorney(s)-in-Fact. e .: h in their separate capacity if' more than one. is named above, to Sign, excutte Seal and acknowledge any and all bonds, reco~nizances, conditional undertakings and other wrrtines ohhgatory in the nature thereof un behalf of the Companies in their business oi' guarwueeine the fideiiry of pexsons, guaranteeing the performance of conu'acts end executing or guaranteeing bonds and w,dertakings required or pu-nlttted in anyactions or prgceedings allowed by law. IN WITN~~ hHEREOF, the Comp:trli~have caused this ir,strwnentto be signedand thr incorporate seals to he hereto affixed, this day of tvi _ . _ ZZUU Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Llnderavriters, Inc.. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 8th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Ta°avelers C-asualty and Surety Company 'Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GAS/igT 7Y ~$u~ry ~,,..F~kE~~6 ~~ y ~ ~PN,.~ SG :'~.~ INSP...... ARTY AHO SIIA TV T ar ~0 `• .. s P ........ R9 •..; S EIy I-~ ' DCI S ` ®®.. ~CONPQRATFI~G. :~1t~~ ¢~P'n.S( ,~9'TT ~Y;£ItRPORgTf."m; :'W`'rORPORq r~, ~,,, `= ~ M s~ y`JFr~ iY6L D "< ~y®( ° _. 1JL( < g~ --=F •. ~ _ r~: _._ ~:~s e' HARTF NRD, ~ WtiiTFO~a a` 1$96 ,~ g ~~s b r~ ~ f951 =r m~ ~ ,`•. SE:nr..~o% =~:. o. w co a ~~~G°""~,/~, "~r~ m i 9 ~ ',~~ZS c``s~ ~ad:, ,°,~i ' a6:,3~~iL,/D f ;, ; Ly PN ~~ j,6E~ ~OF Ns_N~ 'y, LR pe~c~:.~ 4e 1S~*'pµy~ ~s ...... Pµ„e` ~d~ NOD ~ ~~\ A~ n t~ .....,..w°" F Si~rte irf Connecticut C'~'~'d „f Hartford ss. B_v: C;eorg~ Thompson, enior ice President 8th March 200'7 On this the __________. day of _____ _-_________ .before me personally appeared George W. Thompson, who acknowledged hiruself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety ('ompany, St. Paul Dire and Marine Insurance Company. St. Paul Guatrdian Insurance C<~rmpauy. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Cim,pany of American, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the pwposes therein contained by signing an behalf of the corporations by himself as a duly authorized officer. WAh~JING: THIS POWER OF ATTORNEY IS (NVA~ID WITHOUT Tnc riEv ovn~cR Pow°er of Attcirtir, is gr~nteEj under <md ~ v fhe a~Et(~oa-ity of the following res<}lutions ~~~t7l~ied by the Bcrar~ ~ 1? s ~f F rFninutoii (' ~a~Ity Cump~nv, FitlrliL~ and Guaranty Insurance Company, Fidelity and Guaranty htsurance Underwriters, Inc, Seaboard Suregr Company, SC. Paul Fire and JVlatiue In ~ura7TCe~QtrsTpany, Paui Guardian Fnsurance Cotropatny. St. Patti Mercury Ittsurance CotrtpanV. 'Travelers Casualty amid Surety Company, "Irave'lcrs Casualty and Surety CoCrtpan}' ~}f America, and United States Fidelity anc9 Guaranty Company, which resoluCtcrns are now in full force and efr"etc. reading as fr'~lto~us: 12ES(?I6'EID, that the Chairman, the Presidet~Tt. unv' Vice Chaiaattan, any Executive Vice President, any Senior Vice President, any Vice Presiilcnt, tasty Second Vite President, the Treasurer. any Assistant' Treasurer, the Cr~rp~rrate. Secretary or any Assistant Secretary may appoit~tt Attorneys-in-Fact and Agents to acC frrr and un behalf of the Company and may give such a~tppointee such authority as his ar her certificate of authority may prescribe to sign wi4i the Compan}~'s natxTe and sear with Chc Company's seal bonds, recv~nizaCrees, citntracts of in€tenutit}, and other writings obhgatury in the nature of a hood, recognisance, yr conditional trttdett (king, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the you er given him or her; and it is FURTIiER RESOL~EI1, that the Chairman, the President, any Vice Chairman, atTy Executive Vice President, any Senior Vice President err any Vitt President may delegate all or any part of the foregoing authority to true or more olfieers or employees of this Cot~npany, provided that tech such dclegatiirn is in wring and a copy thereofts filed in the office of the Secretary; and it is RURTHF.I2 RESC)I~VEI), that env bond, recognisance, contract of h~tdetmTity~ or writing obligatory in the nature of a br,md, recoranizanct, or arttditionttl undertaking shall be valid and binding upon the Company when (a} signed by the. President, any Vice Chairman, any Executive Vice President, any Senior Vice President. trr any E/i~ President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corpc'~rate Secreuuy or any Assistant Secretary amd duly attested and sealed ta~ith the Cc nlaanV~s seal by a Secretary or Assistant Secretary: or fb}duly executed (under seal, if required} 17y one or more Attorneys-in-Fact and A_=ants punuauu to the pawet prescribed hr his or her certificate or Choir certificates of authoriry or by one or morn Company ofl7cers pursuant to a written drlegation of einthe~rrity; and it is BURTIIEK RESCtLVEI3, that the signature of each c>i'the following otlicers: President, any Executive Vice President. any Senior Vice. President, any Vice President, arty A.tisist<tnt Vice President, any Seuetary, any Assistant Secretary, and tl7e seal of the Company may be affixed by facsimile to any p~~~arer of attorney or t~7 any rt ficat ei rt .tg thereto appointing Re Ient vt P.e ~ a .,t.,, Resident ,° .s.~.rt S xs.nes or Attorney t >-Fact for pu pc, e s c,.~}y t f e:ecu t * and z ac,a,ng ha;~d; and undertulangs and other writings obhaaC<ny m the nature thereof, and any such power of stun ney or c ertrficate }Tearing such facsimile signature «r facsitsiile seal sh.ttl fie vailid and binding upon the Company artd any such pe>wer so executed and certified by Ouch facsimile signature and facsimile seaC shadl he valid stud biitdirg on the Company itt the future with respect to any hand ~,rr undersiandirt+~= to which it is attached. I, Kori M..lohansan, the undersigned, Assistant Secretary, of FarnringCon Casualty Company. Fidelity and Guaranty h~lsurance Company, Fidelity and Ciuatanty insurance Underwriters. Inc., Seaboard Surety Fompanv, St. Pant Fire and Marine. I~7>urancc Compat}~. St Paul `vuardian lnsw-ante C~,mpany, Si. Paul h4cr~et~v Ittsitraticc ComptuTy, Travelers Casualty and Surety Company, Travelers Casualty and Surety ~`cTmpanl ~tf ~-lmerica, gad United States Fidelity and Guaranty Company do ]terebp certify that the above and fore:gaing is a n-ue and coned copy of~ the Power of AB&Trl __ ~.r _ i by said Companies, which i.e in full farce and effect rmd has nut ITCi t revokes(. IN TESTI:VTC3N~' 9tVA;vILE(~F, I have hereuneo set my h.u~td and affix€d the seals of said Cpttt~anies this ~+T~ _ _ day of ~TLTNE . ~1} ~ ~ Koti M..k?hansr AsistanTt Se.creta;y GhSU,~ [[''~~~ ~(.R. SC}~ETy ,~; .,1kE QUn t h~` ,.: j,.w^"'.U....... TY AN ,~~,''~~n ~ b~~ ..aROR.~~i ~ ,<~`! C7~ so- ~a~ 'y'''q, ty~;.-......G~ ,r P .R9.._"e JP~' Qs "..'_ SueE<~' ~. cFr~..°~Q2 iy # ~ I9*82~ o zd pq~pq~e 7w ~x'COtt1'I}R4TEb~' ~'r?~~ ~ ~ z rte: ~ ~'.m~ sw:GOna~earF..m ¢ _ ,! ~ ~ ~~~, ~7 d ! ~ s - 2 ~ . n : NARTFOR6, - j HASTFCFil3,~ ~1. g4~~5' a '" Ta 1~~~ N ~,.. f~'~.gcAL •n,' `1t 'O€ '~ CONN. K CWdN. a/~.g v, 4896 =+~ ~ r ~ ~+ y a q .~.'%s.r 1_y.c,~a ~6., ,.fib; }~e:.Sla'B.Ye'3s '; o ,; c3 c ~y . rN d A~ ~'cFrhW~ „~ ... s,,1s , Aµd ~.~ s + a a a ~ ffM .r' S ..••... P 1 aN A .w.. •w.,.~.ww""~ To verify the authenticity r'sf this Power of Attorney, cull 1-800-421-3880 or contact rrs at www.stpaultravelersbond.cum. Please refer to the Attorney-In-Foci number, the above-named inclividuxls and the. detail.v oC the btrnd u, which the prrwer is attaches(. >C`~'"~r 'THIS °O`Rr~R OF ATTOP PY IS "'AI_ID WITHOUT THE P~F1 R^P'-'FR Client#: 68544 MIDWEASPH AL®' `®~"" CERTIFICATE OF LIABILITY INSURANCE DlYYYY) 06/08/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WAUSAU SIGNATURE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2854 H 55 wY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EAGAN, MN 55121 651 365-8053 INSURERS AFFORDING COVERAGE NAIC # INSURED wsuRERA: Wausau Business Insurance Company MIDWEST ASPHALT CORPORATION INSURER B: Employers Insurance Company of Wausa P O BOX 5477 INSURER C: Wausau Underwriters Insurance Co. HOPKINS , MN 55343 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY YYKY91445128027 04/01/07 04/01/08 EACH OCCURRENCE $11000 OOO X ERA I COM I D 3 001000 X OCCUR CLA M S MADE on) MED EXP (Anyone p , - 10 000 X PD DE`C1:5 OOO iNCL OPERATiO1VS PERSONAL & ADV INJURY $1 OOO OOO }( XCU BROAD FORM PD OF SUBS GENERAL AGGREGATE $2 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: CONTINGENT PRODUCTS -COMP/OP AGG $2 OOO OOO POLICY X jE~ Loc CONTRACTUAL LIAR C AUT OMOBILE LIABILITY ASJY91445128037 04/01/07 04/01/08 COMBINED SINGLE LIMIT (Ea accident) $1 OOO OOO r ~ X ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X 1-iIREC AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ B EXCESS/UMBRELLA LIABILITY THCY91445128047 04/01/07 04/01/08 EACH OCCUR R NC E E $15 OOO OOO X OCCUR ~ CLAIMS MADE _ _ _ _ _ ___ AGGREGATE. $15 000 000 $ DEDUCTIBLE $ X RETENTION $ 10000 $ WORKERSCOMPENSATiuNANG Y"dt^,JY9i445128017 v4/Oi/O7 O4/Oi/v8 X WCSTATU- OTH- S EMPLOYERS' LIABILITY E.L. EACH ACCIDENT __ OOO $1,000, ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS PROJECT: MAC JOB 17610, 2007 STREET REHABILITATION CP 0702-SAP 113-050-07 THE CITY OF COLUMBIA HEIGHTS 15 INCLUDED AS ADDITIONAL INSURED UNDER GENERAL LIABILITY WITH RESPECT TO THE ABOVE PROJECT. GERTIFIGATE HOLDER CITY OF COLUMBIA HEIGHTS 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUF FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108} 1 of 2 #S460779/M452356 LT2 o AcoRD C:C)RPORArION 7ys~ 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ^"""" °~'`~ ~~°~ iivo~ L of Z #5460779/M452356