Loading...
HomeMy WebLinkAboutContract 2012 2453 STREET STRIPING 2012 St Maint Materials COON Refer JPA - Contracts 1828 and 1910 RViDS 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 AAA Striping Service Co, a Minnesota Company(hereinafter called"Contractor")whose business address is 12220 43rd Street NE, St.Michael,MN 55376. WITNES SETH: The Contractor will commence and complete the construction of Improvement Project • 12-05,2012 Street Maintenance Materials: Traffic Markings. 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.$168,086.72. The term"Contract Documents means and includes the following: • Advertisement for Bids • Information for Bidders • Bid • Bid Bond • Agreement • General Conditions • Modification oI'Generral-C-ondltions • 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 RAPIDS Approved as to form: By: j, 1K ,, Ti Howe,Mayor Ston.4.1-4414.us,City Attorney Y Q►vaX groJ 4 14c r C y Atf"1 ., By: Ma ew S.Fulton, City Manager AAA Striping Service Co By 4 c-41 /zeilf' •Y R SC'NEIDER, •RPORATE SECRETARY AGENT FOR BONDING COMPANY AMERICAN AGENCY INC (Name) 5851 CEDAR LAKE ROAD (Address) MINNEAPOLIS MN 55416 952-545-1230 (Telephone) ■ Bond No.: 9037914 .`LAJA Document A312 Tm - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place AAA Striping Service Co. of business) 12220 43rd Street NE Fidelity and Deposit Company of Maryland This document has important legal St. Michael,MN 55376 3910 Keswick Road consequences.Consultation wtllm OWNER: Baltimore,MD 21211 an attorney is encouraged with respect to its completion or (Name. legal status and address) modification. City of Coon Rapids Any singular reference to 11155 Robinson Drive Contractor,Surety,Owner or Coon Rapids,MN 55433 other party shalt be considered CONSTRUCTION CONTRACT plural where applicable. Date: April 3, 2012 AIA Document A312-2010 • combines two separate bonds,a Amount: ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHTY-SIX AND Performance Bond and a 72/100THS($168,086.72) Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location)Improvement Project 12-05,2012 Street Maintenance Materials: Traffic Markings BOND Date: April 9th,2012 (Not earlier than Construction Conn aci Date) Amount:ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHTY-SIX AND 72/100THS($168,086.72) Modifications to this Bond: ©None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate.Seal) AAA Striping ->rvic v. Fidelity and Deposit Company of Maryland 40 Signatu Jiff- I-/ _ Signature: X1/71-4_ ' -t.e ) 42 C_!`C%r'7-ti Name ' t - rill'' "0 ' Name Melissa M.Nordin and Title:CO' ORATE SECRETARY and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: American Agency,Inc. (Architect,Engineer or other party.) 5851 Cedar Lake Road Minneapolis, MN 55416 (952)545-1230 Init. AIA Document A312 —2010.The American Institute of Architects. 001:10 5 1 §1 The Contractor and 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,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2.whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire us to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 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 Surety under this Bond,subject to the Owner's priority to use the funds For the completion of the work. Init. AIA Document A312`0—2010.The American Institute of Architects. 6 §10 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 the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 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. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(I)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,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. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 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. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 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 Construction Contract.`ihe term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.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. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312 m—2010.The American institute of Architects. 7 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perf•rm and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 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.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea!) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init. AlA Document A3121.—2010.The American Institute of Architects. 8 . INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the day of , , before me personally appeared to me known to be the person(s)described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that he executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA ss COUNTY OF SHERBURNE On the 9th day of April, 2012 before me personally appeared EDY R SCHNEIDERto me known, who being by me duly sworn, did say that he/she is the-CORPORATE SECRETARY of AAA Striping Service Co.,the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he/she signed his/her name thereto by like order , n,."k DONNA M HENNESSEY h. < NOTARY PUBLIC-MINNESOTA 3• o file / Y./4' ,.�-=- ^-5 My Commissbn Expires Jan.31,2015 (Notary S. ) °Pr - ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ss COUNTY OF Hennepin On the 9th day of April, 2012 before me personally appeared Melissa M. Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the Fidelity and Deposit Company of Maryland a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. V........ ..-- Q--------- -- (Notary Seal) a ., , DANIELLE IRIS CLEMANTS• 7i NOTARY PUBLIC-MINNESOTA '`Z,g `�,; Y.. My Commission Expires Jan.31.2017 i 1s Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2, of the By-Laws of said •us: y,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on thed. ; 4' T N. ereby nominate, constitute and appoint Terry STARKS,David E.SELL,Melissa M.NS d�t. 'ota.-k NTS,Alan STARKS, Joan K.REMICK and Danielle CLEMANTS,all of Minn : . rr� � a,,, riu awful agent and Attorney-in-Fact,to make,execute,seal and deliver t. r. `+ a . h i s act and deed: any and all bonds and undertakings,and the exccut't' ,;, s •:• or ••e�,1',= 1.. ante of these presents,shall be as binding upon said Company,as. :,, y, + ►,.a :. ,`E`_ i, �. .eses,as if they had been duly executed and acknowledged by 00'"°' R del`et . of e,t.+• j: c.r�� y at its office in Baltimore,Md.,in their own proper persons. This power of attor : s es t.{. •. ,',". of Terry STARKS,David E.SELL,Melissa M.NORDIN,Robert E. CLEMANTS,Alan . v:.±tit 01 rI".l'i MICK,dated April 15,2009. The said Assistant `' r does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of March, A.D.2010. A1TEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,sx DEPpS.�` i I. e �. ro s J It* a. T IJ//yam/A/ii(i l • By: Eric D.Barnes Assistant Secretary Theodore G. Martinez State of Maryland 1ss: City of Baltimore J On this 16th day of March, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN 'TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. gar t. 3'' . P ,` am 4� ; .., I:, :fi; tom-,, ,y, �.. �./n.-„__ { Constance A.Dunn Notary Public My Commission Expires: July 14,2011 POA-F 184-8011 • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN'TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9TH day of APRIL , 2012 Assistant Secretary Bond No.: 9037914 to _� .A. Document m" u ent A312 - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place AAA Striping Service Co. of business) 12220 43rd Street NE Fidelity and Deposit Company of Maryland This document has important legal St.Michael,MN 55376 3910 Keswick Road consequences.Consultation with Baltimore,MD 21211 OWNER an attorney is encouraged with (Name,legal status and address) respect to its completion or modification. City of Coon Rapids Any singular reference to 11155 Robinson Drive Contractor,Surety,Owner or Coon Rapids, MN 55433 other party shall be considered CONSTRUCTION CONTRACT plural where applicable Date: April 3rd,2012 AtA Document A312-2010 combines two separate bonds,a Amount:ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHTY-SIX AND Performance Bond and a 72'100THS($168,086.72' Payment Bond,into one form. This Is not a single combined Description: Performance and Payment Bond. (Name and location)Improvement Project 12-05,2012 Street Maintenance Materials: Traffic Markings BOND Date: April 9th,2012 (Nor earlier than Cons-unction Contract Date) Amount:ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHTY-SIX AND 721100THS($168,086.72) Modifications to this Bond: 1EI None E7 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (C•.iporate Seal) Company: (Corporate Seal) AAA Striping ice.C• - Fidelity and Deposit Company of Maryland Signatur : . ' �/ / i. Signature: 1�. 1 C;`_a-rsrJ(�7!• l/7.G`=- � Name D . r YW''t •''7 Name Melissa M. Nordin and Title:-'CO' 'ORATE SE RETARY and Title: Attorney-in-Fact (Ant additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party) American Agency, Inc. 5851 Cedar Lake Road Minneapolis,MN 55416 (952)545-1230 Init. A1A Document A312'64-2010.The American Institute or Architects. ce,e10 11 1 • §1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor.Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.Lithe Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice. request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.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 tie Owner's right,if any,subsequently to declare a Contractor Default: .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms ot'the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.I shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract: §5.2 Undertake to perform and complete the Construction Contract itself;through its agents or independent contractors; §5.3 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 a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 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,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. tNt AIA Document —2010.The American Institute of Architects. 2 • §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,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.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .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. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 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,successors and assigns. §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 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 a declaration of Contractor Default or within two years atter the Contractor ceased working or within two years alter 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. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §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.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other 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. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §151fthis Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A312 —2010.The American Institute of Architects. 3 §16 Modifications to this hood are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. MR. AM Document A312(m—2010.The American Institute of Architects. 4 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the day of , before me personally appeared to me known to be the person(s)described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that he executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA ss COUNTY OF SHERBURNE On the 9th day of April, 2012 before me personally appeared EDY R SCHNEIDER to me known, who being by me duly sworn, did say that he/she is the CORPORATE SECRETARY of AAA Striping Service Co., the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he/she signed his/her name thereto by like order 7- .,w1 DONNA M FIENNESSEY j' NOTARY PUBLIC MINNESOTA �`i s _ iiiliw, '1� ` Commission Expires Jan,31,2015 (Notary S:al) ,�1 O; . My p ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ss COUNTY OF Hennepin On the 9th day of April, 2012 before me personally appeared Melissa M.Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the Fidelity and Deposit Company of Maryland a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid fficer acknowledged said instrument to be the free act and deed of said corporation. (Notary Seal) r O DANIELLE IRIS GLE t4NTS '`NOTARY PUgUC•MtNNfSOIA '°' .,e, My Commission Expires Jan 31,2017 Y X I Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said a its;ny,which are set forth o the reverse side hereof and are hereby certified to be in full force and effect on thed. _ ` -., +. erchy nominate, constitute and appoint Terry STARKS,David E.SELL,Melissa M.NI '4i.�;.1` ' l 1 i; ,NTS,Alan STARK`, Joan K.REMICK and Danielle CLEMANTS,all of Minn• � rio *�r� y, ,�,..�� , ' i' awful agent and Attorney-in-Fact,to make,execute,seal and deliver ar r ;.' a f - ..7* r...y. s act and deed: any and all bonds and undertakings,and the execu�t�.�•tr.. s {:r or ,P.e+y ', Per. ance of these presents,shall be as binding upon said Company,as.4...jr,` 'Ll'T�`h•,tO a .:,i11 g %AI -••ses,as if they had been duly executed and acknowledged by t :ti3A+elMt . o f e;,. • a .:I%. y at its office in Baltimore,Md.,in their own proper persons. This power of atto 7'tea•es t':0Lg4r,I a^°. of Terry STARKS,David E.SELL,Melissa M.NORDIN,Robert E. CLEMANTS,Alan ...,et"Ito.Ti .4.91 MICK,dated April 15,2009. The said Assistant Sr 41- does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article Vi, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names any affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of Marc n, A.D.2010. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAN rp OEPOd,` e o i tDI i m.a.ai, By: Eric D. Barnes Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore J On this 16th day of March, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assist. t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individua s and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the sam•,, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Comp y aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the s. d Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authori y and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first abo e written. , ) ;1 ////II 111\\. Constance A.Dunn Notary Public My Commission Expires: July 14,2011 POA-F 184-8011 • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9TH day of APRIL , 2012 . Assistant Secretary 07/16/2012 13:09 7634288557 AAA STRIPING PAGE 01/01 ■ • _ ■ `�J DATE Ym CERTIFICATE OF LIABILI TY INSURANCE � 4/5/2012 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; H the f»rtlticete bolder le an ADDRYDNAL INSURED,the policy(lee)must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and condltlons of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certlflcatre holder in lieu of such endorsements} PROIR lug cT Csrtifiaatea Department Kraus-Anderson Insurance PNI3t44 (952)707-0200 �rss►evo-oeae 420 Gateway Boulevard "" IPAX.►a]. certificates@kw' zworance.0015 0 p000o0Z9 Hurnaville MR 55337-2790 r (S)AFFORDING covErace NAILS I Imo -22543 nratn�EeA:9ecara Insurance AAA Striping Service Company rrmLlRLee; - 12220 43rd. Street NE °mac° , St. Michael INSURER e4 MN 55375 — . COVERAGES , NUMBER:12-13 Certificate REVISION NUMBER; THIS IS TO CERTIFY THAT TH POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTIMTH$TANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PIRR ADM EXCLUSIONS AND CONDMONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR TYPE OF INSURANCE it W, POLICY NUMBER thearDOIYYM I=',a, y y n LINTZ CEmutAL UAD1IJTY EACH OCCURRENCE $ 1,000,00i N. COMMERCIAL GENERAL LIABILITY OAtepvEiv RENTED PREMI> 3(Eocoomnapo, i 100,00b A GLANS-MADE a OCCUR 20-C3-003122010-1 2/1/2012 2/1/2013 WOEXP(Any ono pr,on) i 10,00. rartaoNAL a ADv INJURY s 1,000,00' "" (3Ett£RAL AGGREGATE S 2,000,00 GEM.AGGREGATE LVI I'APPLIES PER: PRODUCTS-COMP/0P AGO ; 2,000,001 1 PoucY X Loc S � - AUTOMOErLE Li4!NJTY 00m0INED SINGLE UM IT -)K ANY A� (Es ecouo,q c 1,0 0 0,00 A ALL emweoAmos 20-A-003122011-1 2/1/2012 2/1/2013 eODILYINJURY(P9.p ion) f SCHEDULED AUTOS !Cab'IN INJURY(+�*aodaeM) i HIRED AUTOS PROPERTY DAMAGE s � _ (Pr tcoMwA) NON-OYYNED AUTOS $ S X UNMr1EtLJL■w�X� yt EACH occuRRENL2: s 3,000,0011 EICESSIJAS I— CLORSAIADE AOosecATE $ 3,000,00, DLDUC11BLE s A K - RrtEr ITON s 10,000 20-01-003122013-1 2/1/2012 2/1/2013 A waRIMRS c o mo M110N •-... X vuc sTATR�-�. oTh. $ I.... AND EMPLOVERIT LJABLITY YIN ER OFFICER/NEWER EXCLUDED I N N f A EL,EACH ACCIDENT $ 500,00. piendatayIsrrrft 20-SIC-3122D12-1 2/1/2012 2/1/2013 E.L E-EA EMPLOYEE$ 500,001 N�ee,�re�tetAe under Dt=at�clfTON OF oPERAt1oNS pate,, ea.,DLSE*s •PQLICY LIMIT I 500.00 osscmFTION OP CP!eATIOttS I LOCATIONS I rETSCLEs Wert AOORD 10f,AddlNonq Regatta Sdmdi*,N mere spear N Ngllaed) ear 12-05 Street MAARtenance Me 1 R71FICATE HOLDER CANCELLATION �'w SHOULD ANY OF THE ABOVE DESCRIBED POLiclEs BE cANc iJ,,Eo BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Coon Rapide ACCORDANCE WITH THE POLICY iRO11r810TIS, ATTN: Kris Lindquist 11155 Ribinaon Drive AullrDllVEDtcE!>gE55NTATNE Coon Rapids, ITT 55433 Tom Reuder/CARL£Y '"'� , �-�••- ACORD 25(2005109) Co 1988-200$A CORD CORPORATION. All rights reserved. IN3025(2oosot) The ACORD name and logo are registered marks of A CORD