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HomeMy WebLinkAboutContract 2012 2452 SEAL COATING 2012 St Maint Materials k,COON Refer JPA - Contracts 1828 RAPIDSand 1910 Minnesota AGREEMENT THIS AGREMENT,made this 3rd day of April, 2012,by and between the City of Coon Rapids, a Minnesota municipal corporation(hereinafter called"Owner")and Allied Blacktop Company, a Minnesota Company(hereinafter called"Contractor")whose business address is 10503 89th Avenue N,Maple Grove,MN 55369. WITNESSETH: The Contractor will commence and complete the construction of Improvement Project 12-05, 2012 Street Maintenance Materials: Seal Coating. The Contractor will furnish all of the materials, supplies,tools, equipment,labor and other services necessary for the construction and completion of the project described herein. The Contractor will commence the work required by the Contract Documents within ten calendar days after the date of Notice to Proceed unless the period for completion is extended otherwise by the Contract Documents. The Contractor agrees to perform all of the work described in the Contract Documents for the sum of $1,439,133.92. The term"Contract Documents means and includes the following: • Advertisement for Bids • Information for Bidders • Bid • Bid Bond • Agreement • General Conditions • Modification of General Conditions • Performance Bond • Payment Bond • Notice of Award • Notice to Proceed • Change Order(s) • Drawings prepared or issued by Owner • Specifications prepared or issued by Owner • Addenda. The Owner will pay to the Contractor in the manner and at such time as set forth in the General Conditions such amounts as required by the Contract Documents. While Contractor performs services for Owner, in consideration for the contract,the Contractor, subcontractors, agents employees,an assigns agree not to have a firearm in possession while at a worksite,traveling in Owner's equipment, or otherwise performing acts on behalf of Owner. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,administrators, successors, and assigns. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this written Agreement in duplicate each of which shall be deemed an original on the date first above written. CITY OF COON RAP DS Approved as to form: B ; � 9.C\ Ti i Howe, Mayor /� /� 4 /7Lh C r s �`�v� By: r� 'i..- Matithew S. Fulton, City Manager Allied Blacktop Company By: �I� ` ' LtT___ Its: • j - P AGENT FOR BONDING COMPANY NOrmovr /nGurc-t 'e (Name) e200 /i9hwood 2rivv (Address) 81.E m r)r , MA! 5S.1/3e (q52,) (Telephone) • ''r+""tt, ALLIEI2 OP ID:JE ,4coRE:►►° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 04/06/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 952-996-8818 NCO TqE CT Jeanmarie Houle,CIC Northern Capital Insurance Gra Wayne Mann Agency 952 829-0482 �N E, 4):952-996-8895 FAX,No:952-829-0482 P.O.Box 9396 Amass;jeanmariehoule @inortherncapital-mn.com Minneapolis,MN 55440-9396 Steven Scollard INSURERS)AFFORDING COVERAGE NAIC 8 INSURER A:Harleysville Insurance Co. 23582 INSURED Allied Blacktop Company INSURER B:TBG-Star Insurance Co. Pete Capistrant ' 10503 89th Avenue No INSURER C. Maple Grove,.MN 55369 INSURER O: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 001 REVISION NUMBER: 002 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR, TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSR WYO POLICY NUMBER (MMADfYYYY) (MMIDOtYYYY) LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X MPA79618E 04/30/11 04/30/12 DF'R M seA a occu ence) $ 300,000 CLAIMS-MADE I X OCCUR MED EXP(Any one person) $ 5,000 X BLKT ADDTL INSD CG7254(8/05) 04/30/11 04/30/12 PERSONAL&AOV INJURY $ 1,000,000 X CMPLTDOPSA/I CG7263(8/05) 04/30/11 04/30/12 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT PPPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X !,'EC LOC PD DED $ 500 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BA82777E 04/30/11 04/30/12 BODILY INJIRY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ X MCS-90 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE CM 1382719E 04/30/11 04/30/12 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 10-0000303 01/01/12 01/01/13 E.L.EACH ACCIDENT $ 1,000 000 OFFICER/MEMBER EXCLUDED'? NI N/A , (Mandstory In NH) E.L.DISEASE-EA EMPLOYEE I$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ 1,000,000 A Equipment Floater MPA79618E 04/30/11 04/30/12 Equipment 1,957,477 A Rental Equipment MPA79618E 04/30/11 04/30/12 Blanket 30,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEI-CLES (Attach ACORD 101,Addillonai Remarks Schedule,If more space Is required) As their Interest may appear the Cities of Andover,Anoka, Brooklyn Center, Circle Pines,Columbia Heights,Coon Rapids,East Bethel,Fridley,Ham Lake, and Mahtomedi are Included as Additional Insureds on the General Liability policy as required by a written contract provided the contract was executed prior to loss with respect to Project No.12-05 2012 Street Maintenance. CERTIFICATE HOLDER _CANCELLATION CITYCOI SHOULD ANY OF NE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Coon Rapids THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11155 Robinson Avenue Coon Rapids,MN 55433 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD . . This o insurance pxovided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG-7254 (Ed. 3-05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUiRED IN CONSTRUCTION AGREEMENT WITH YOU A Section II -Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations only as specified under a written contract (for purposes of this endorsement referred to as the "written contract") that requires that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with res ct to liability omueed, in whole or in pa�, by the acts or omissions of the "Named Insured", or those acting on behalf of the "Named Insured', in the performance of the "Named Inouned'n" ongoing operations for the additional insured only as specified under the 'written contract". A person's or organization's status as insured under Mh�endorsement ends vvhenyour on-going opemdiono� � for that B. The insurance provided to additional insured by this endorsement is limited as follows: a. The additional insured is covered only for such damages which are cuueed, in whole or in part, by the acts or omissions of the "Named |naued", or those acting on behalf of the 'Named Insured". to which the additional insured is entitled to be indemnified by the "Named Insured' pursuant to the 'written contract" and only for those sums that the additional insured is legally obligated to pa as damages under to�{ovvphn��onk/the |�umd po¢ybecause of"bodily injury", "pmoa�/ damaQ''' nr '' | and advertising injury" tnwh|chthisinnoraMveapp|kes. andimucco nce �wkh the stated policy-i- - and policy conditions. This coverage does ot apply for defense or inde of the additional insured if state or federal law does not permit indemnification of the additional eisUn:d by the "Named Insured" for the claim of the third party, b. The limits of insurance are those set forth in the policy and Declarations or those specified in the 'written contract",whichever is less, C. With respect to the insurance afforded to additional insured,the following exclusions are added: 2, Exclusions a. This insurance does not apply to "bodily Injury", "property damage" or "personal and advertising injury~mhichoc*urso#artheeadieroYwhen: (1) All work by the "Named (noured", including matehu|n, parts or equipment furnished in connection with such vvork, on the project (other than oemice, maintenance or re /rs) to be performed for the addkiunel insured at the site of the covered operations where the injury or damage occurred has been completed:or (2) That portion of the 'Named Insured's'' work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Work that may need semico, maintenance. correction, repair or nap(acament, but which is otherwise complete.will be treated as completed b. This insurance does not apply if the "written contract" was not executed ' the "Named Insured" prior to the"occurrence" giving rise to the additional insured's potential liability. CG-7254 E(.1 3-05) Page 1 of 2 • c. This insurance does not apply to the additional insured's liability to indemnify, defend or hold harmless a third party. d. The insurance provided to the additional insured does not apply to `bodily injury", "property dama ^ or "personal and advertising i arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving or failing to prepare or approve maps, shop drewingm, np}ninns, reports,surveys, field orders, change orders,d vormpooificabmns: end (2) Supervisory, |nopecdnn, architectural,or engineering services. D. Other Insurance 1. Any coverage provided by this endorsement to an additional insured shall be excess over an other valid and collectible insurance available to the additional insured whether hnory, excasn, contingent, or on a other basis un|eaothe ^writtencontract" o pecifically requires that this insurance be primary and that the additional insureds primary coverage be non-contributory. 2, Even if the requirements of paragraph 1 are Ole|, this coverage shall share with other insurance available to the additional insured which is conferred onto said person or organization by a separate additional insured endorsement. This cost sharing shall be pursuant to Section IV, paragraph 4, c.. Method of Sharing. E. Definitions "Named Insured' is defined as the entity to whom the insurance policy is issued as shown on the Declarations. CG-7254(Eo3-05) Page 2m2 . . . endorsement--'� -- modifias |nuunanooprnvidodbythofd(OwinQ: COMM ERClAL GENERAL LIABILITY COVERAGE FORM CG-7263 (Ed. 8-05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITJONAL INSURED-OWNERS, LESSEES OR CONTRACTORS—COMPLETED OPERATIONS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU A. Section U -Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations only as specified under a written contract (for purposes of this endorsement | referred to as the "written contract") that requires that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect t liability caused, in whole or in part, by the acts or omissions of the "Named ynsured., or those acting on behalf of the "Named /nourod'", in the performance of the "Named Insured's" work for the additional insured and included in the "products-completed operations hazard" which was performed for that insured only as specified under the 'written contract'. B. The insurance provided to additional insured by this endorsement is limited as follows; a. The additional insured is covered only for such damages which are caused, in whole or in part, by the acts or omissions of the "Named |nsurad^, or those acting behalf of the ^Nmmed Insured'', to which the additional insured is entitled to be indemnified by the "Named Insured" pursuant to the "written contract" and only for those sums that the additional insured is legally oblig t d to a as damages under tort law principles to the injured party because of "bodily injury", "property da ge" or "personal and advertising injury" to which this insurance mpp{kau, and in accordance with the stated policy limits and policy conditions. This coverage does not apply for defense or indemnity of the additional insured if state or federal law does not permit indemnification of the additional insured by the "Named Insured` for the claim of the third party, b. The limits of insurance are those set forth in the policy and Declarations or those specified in the "written contract", whichever is less. C. With respect to the insurance afforded to additional insured, the following exclusions are added: 2. Exclusions a. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury' arising out of an architect's, engineer`e, or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving or failing to prepare or approve n`opo, shop drawings, op\niona, reports, surveys, field oodons, change orders, drawings or specifications; and (2) Supervisory, inspection, mrcM|tec\una|. or engineering services, b. This insurance does not apply if the "written contract" was not executed by the "Named Insured" prior to the "occurrence" giving rise to the additional insured's potential liability, c. This insurance does not apply to the additional insured's liability to indnmmify, defend or hold harmless a third party. D. Other Insurance 1. Any cove rovUod by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the "written contract" specifically requires that this insurance be primary and that the additional insured's primary coverage be non-contributory. CG-7263(Ed,8-05) Page 1 of 2 • . ^ 2. Even if the requirements of paragraph 1 are met, this coverage shall share with other insurance available to the additional insured which is conferred onto said person o izmtion by a separate additional insured endorsement. This cost sharing shall be pursuant to Section IV, paragraph 4. c.. Method of Sharing. E. Definitions "Named Insured" is defined as the entity to whom the insurance policy is issued as shown on the Declarations, CG-7263(Ed.8-05) Page 2 of 2 PERFORMANCE BOND 929542997 Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Allied Blacktop Company 10503-89th Avenue North Western Surety Company Maple Grove, MN 55369 101 South Phillips Avenue Sioux Falls, SD 57104 OWNER(Name and Address): City of Coon Rapids 11155 Robinson Drive Coon Rapids, MN 55433 CONSTRUCTION CONTRACT Date:April 3, 2012 Amount:$1,439,133.92 - One Million Four Hundred Thirty-Nine Thousand One Hundred Description(Name and Location):Thirty-Three Dollars and 92/100 Improvement Project 12-05, 2012 Street Maintenance Materials: Seal Coating BOND Date(Not earlier than Construction Contract.Date) April 3, 2Q12, _ Amount:$1,439, 133.92 y RTrti--1-^0Re9151ii -Nine 4H.V - ine Thousand One Hundred Modifications to this Bond: Xl None E See other side CONTRACT AS PRINCIPAL SURETY 411, S?kiignlnarteunrer:: B1 kt op C•i •any (Corporate Seal) Company:taItunn 11P• - rate Se Sgr Sur- mp Name and Title:efier /14 Capidrert, ittSidalt- Name and Title-John G. Hagberg Attorney-in-fact (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Northern Capital Insurance Group Kris Linguist, CMC PO Box 9396 Deputy Clerk Minneapolis, MN 55440-9396 City of Coon Rapids, MN Telephone 952-996-8829 Printed In cooperation with the American Institute of Architects(AK)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in MA Document A312-Performance Bond-December 1984 edition. 1 The Contractor and the Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default,the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at Its address described 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 performing 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 terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with 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 perform and complete the Construction Contract or 42 Undertake to perform and complete the Construction Contract itself,through its agents or through independent contractors;or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract arrange for a contract to be prepared for execution by the Owner and 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 Construction 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: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,tender payment therefor to the Owner,or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 6 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 written notice from the Owner to the Surety demanding that the Surety perform Its obligations under this Bond; and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4,and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce and 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 4.1, 4.2, or 4.3 above,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the Construction Contract,the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract 6.2 Additional legal,design professional and delay costs resulting from the Contractors Default,and resulting from the actions or failure to act of the Surety under Paragraph 4;and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 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 perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, 10 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a 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 or any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract 12.2 Construction Contract The agreement between the Owner and the Contractor identlhed on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with 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 thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) PAYMENT BOND 929542997 Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Allied Blacktop Company 10503-89th Avenue North Western Surety Company Maple Grove, MN 55369 101 South Phillips Avenue Sioux Falls, SD 57104 OWNER(Name and Address): City of Coon Rapids 11155 Robinson Drive Coon Rapids, MN 55433 CONSTRUCTION CONTRACT Date:April 3, 2012 Amount $1,439,133.92p e r t n e E u tHuns drnd �I �- Nine Thousand One Hundred Description(Name and Location): Improvement Project 12-05, 2012 Street Maintenance Materials: Seal Coating BOND Date(Not earlier than Constctio.0 d e DF e: April d 3, A1, b -Amount: $1,439,133.9 nAnhy- reBoilers an d 2 Nine Thousand One Hundred Modifications to this Bond: L None LJ See other side CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: an ( • •• :to Seal) Allied Bla ktop Company Western Surety '•m.an•„ Signature: Vi Signature: If Name and Title: f '. 6�Jq'a"f, A5itl�Oi Name and Title. John G. Hogberg Attorney-in--fact (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Northern Capital Insurance Group Kris Linguist, CMC PO Box 9396 Deputy Clerk Minneapolis, MN 55440-9396 City of Coon Rapids, MN Telephone 952-996-8829 Printed in cooperation with the American institute of Architects(AIA)by the CNA Insurance Companies. The language In this document conforms exactly to the language used in AK Document A312-Payment Bond-December 1984 Edition. • 1 The Contractor and the Surety,Jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2 With respect to the Owner,this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 2.2 Defends,indemnifies and holds harmless the Owner from claims,demands,Dens or suits by any person or entity whose claim,demand,lien or suit is for the payment for labor,materials or equipment furnished for use fn the performance of the Construction Contract,provided the Owner has promptly nafed the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety,and provided there is no Owner Default. 3 With respect to Claimants,this obligation shall be null and void if the Contractor promptly makes payment,directly or indirectly,for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: ' 4.1 Claimants who are employed by or have a direct contract with the Contractor 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 not 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 12)and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished 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 to the Owner,within 45 days after receipt of the claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of 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 owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and 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 Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date(1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 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 this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed Incorporated herein. The intent is that this Bond shalt be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant An individual or entity having a direct 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 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 as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THiS BOND ARE AS FOLLOWS: Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: Within a reasonable time (1)after the Claimant has satisfied the conditions of Paragraph 4 and(2)after the Surety has reviewed all supporting i documentation it requested to substantiate the amount of the claim,the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However,in such event the Claimant may bring suit against the Surety as provided under this Bond. ACKNOWLEDGMENT OF PRINCIPAL (Individual) STALE OF COUNTY OF l ss.: On this day of -- I ,,in the year .r,before me personally come is) to me known and known to me to be the person(s) who (is) (are) described in and who executed the foregoing instrument and acknowledge(s)to me that he executed the same. - NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Partnership) STATE OF COUNTY OF } ss.: . On this ,day of ,in the year ,before me personally come(s) .a member of the co-partnership of to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co-partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL. (Corporation) STATE OF /%4/ a COUNTY of /I,K - In 1 ss.: On this 3A�_day of 1 Yf r! in the year a . . before me personally comets) JP / 4 ('c4j 1 al'� to me known,who being by me duly sworn,deposes and says that he resides in City of i, that he is the After-? id-FY-4- of the /941it O' A • CC • a s►ar the corporation described in and which executed the foregoing instrument;that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order. at 44 i' .., NAOMI N.A.BRETZ 1"..1)-(1/ �w - NOTARY PUBLIC-MINNESOTA NOTARY PU�i� '' My Commission Expires Jan.31,2015 sr s ACKNOWLEDGMENT OF SURETY STATE OF Minnesota COUNTY OF Hennepin ss.: On this day of !L .in the year Zeit. before me personally comes) John G. Hagberq Attorneys)-in-Fact of Western Surety Company with whom I am personally acquainted, and who,being by me duly sworn,says that he reside(s)in Plymouth. MN that he is (are) the Attomey(s)-in-Fact of -__ - . • .ii.. • , the company described in and which executed the within instrument;that he know(s)the corporate seal of such Company;and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company,and that he signed said instrument as Attorney(s)-in-Fact of the said Company by like order. z,l4, „AT•RYP IC 11%/09L-4,_ DOt+INAJDYCENAGBERG F.9713—5/81 ,V ' NOTAAYPlalC• INFIESOTA r NYCOINBSIONEVRESOINON Western Surety POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Judith L Jorissen,Garth R Fisher,John G Hogberg, Steven W Scolard,Individually of Bloomington,MN,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I lth day of September,2007. �E � WESTERN SURETY COMPANY 4rTN Paul Bruflat,Senior Vice President State of South Dakota ss County of Minnehaha On this 1 1th day of September,2007,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY 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 that he signed his name thereto pursuant to like authority, and acknowledges same.to be the act and deed of said corporation. My commission expires }444444440444444444444444 D. KRELL November 30,2012 NOTARY PUBLIC ? SOUTH DAKOTA r .r +.+*.44444444444444444444{' D.Krell,No Public • CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of P IL 2410/7,.' SRET?I:s, WESTERN SURETY COMPANY a 3*\ fA .p • ►w oaK �J . or - L.Nelson,Assistant Secretary Form F4280-09-O6 Authorizing By-Law ADOP l'ED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary, any Assistant'Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • •