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HomeMy WebLinkAboutItem 06.rDecember 13, 2010 Proposed Action Staff recommends approval of final acceptance and final payment to GMH Asphalt Corporation for 2010 Miscellaneous Roadway Repairs and Overlays, City Improvement Project No. 10 -01. Overview GMH Asphalt Corporation has requested final approval and final payment of Pay Estimate No. 3 in the amount of $24,479.91 for 2010 Miscellaneous Roadway Repairs and Overlays, City Improvement Project No. 10 -01. Attached is a summary page of the final estimate. The original contract amount was $840,320.15. The final contract amount is $855,747.24. Additional work was added to the project, including watermain and sewer break repairs and pedestrian ramps. All necessary paperwork, including IC -134s, Consent of Surety to final payment and Warranty Bond, has been submitted and reviewed. Primary Issues to Consider None. Supporting Information • Final Estimate summary page • Letter from Gary Harms, GMH Asphalt Corporation • Consent of Surety to Final Payment • Maintenance Bond • IC -4 Keith H. Nelson City Engineer Item No. DECEMBER 20, 2010 CITY COUNCIL MEETING AGENDA ITEM FINAL ACCEPTANCE AND APPROVAL OF FINAL PAY ESTIMATE 2010 Miscellaneous Roadway Repairs and Overlays City Improvement Project 10 -01 / Financial Impact: $24,479.91 Budgeted: Yes Source: Public Works Reserve Fund Related Documents: Notes: PROJECT: 2010 Miscellaneous Roadway Repairs and Overlays City Improvement Project 10 -01 DATE: ESTIMATE NO. OWNER: CONTRACTOR: TOTAL CONTRACT AMOUNT REMARKS: RECOMMENDATION FOR PAYMENT December 3, 2010 3 & FINAL City of Lakeville, Minnesota GMH Asphalt Corporation 9180 Laketown Road Chaska, MN 55318 ORIGINAL CONTRACT AMOUNT: $840,320.15 WORK COMPLETED TO DATE: MATERIALS ON HAND: SUBTOTAL: LESS AMOUNT RETAINED: 0% LESS PREVIOUS PAYMENTS: AMOUNT DUE THIS PAYMENT: SUMMARY $840,320.15 REQUEST THIS ESTIMATE $ 855,747.24 $ 855747.24 $ 831,267.33 $ 24,479.91 This is to certify to the best of my knowledge, information and belief, the quantities and values of work certified herein are fair approximate estimates for the period co red by thi voucher. Name of Contractor: GMH ASPHALT CORPORATION SIGNED: '/I0k4t, 21J Roberta McDonald DATE: /2 -3 -/D SIGNED: TITLE: DATE: fJ This is to certify that the work shown in the Statement of Work certified herein has been actually furnished for the above - mentioned project in accordance with the plans and specifications heretofore approved and that the total work is 100% completed as of December 3, 2010. l hereby recommend payment of this voucher. RECOMMENDED FOR PAYMENT BY THE CITY OF LAKEVILLE, MINNESOTA. SIGNED: 6/ SIGNED: City Engineer Finance Director DATE: /7 kl DATE: 1 2.85 $ 897.75 5 200 3 570.00 $ 1.80 $ 630.00 5 - $ - $ 8.00 $ 1,120.00 5 - 69 5 552 00 $ 15.00 $ 1,950.00 5 - 92,65 $ 1,389.75 $ 17.00 $ 2,210.00 $ $ - $ 0.25 5 5,600.00 3 19933 $ 4,983.25 1.35 S 2,382.75 $ 971 $ 1,310.85 Item 2010 MISCELLANEOUS ROADWAY REPAIRS AND OVERLAYS PROJECT: City Improvement Project No. 10 -01 OWNER: CITY OF LAKEVILLE CONTRACTOR GMH ASPHALT CORPORATION PAY ESTIMATE NO: 3 & FINAL - DECEMBER 3, 2010 SCHEDULE A: Ipava Avenue Surface Mill and Overlay - 335' North of 175 Street to 165 Street REMOVE CURB AND GUI € ER {ALL TYPES) LIN FT 10 REMOVE BITUMINOUS PAVEMENT SQ YD 370 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 225 SUBGRADE EXCAVATION - (PATCHING) CU YD 165 AGGREGATE BASE CLASS 5 - (PATCHING) TON 155 FOUNDATION MATERIAL (3" MINUS) TON 155 MILT. BITUMINOUS SURFACE (2.0 ") SQ YD 22,015 MILL BITUMINOUS STEP JOINT LIN FT 1,130 TYPE MV3 WEARING COURSE MIXTURE (9) TON 1,865 TYPE LV3 NON WEARING COURSE MIXTURE (B) TON 1,865 'TYPE LV3 NON WEARING COURSE MIXTURE (6) - (PATCHING) TON 30 ADJUST VALVE BOX EACH 6 ADJUST FRAME & RING CASTING EACH 9 CONCRETE CURB & GO I E ER (ALL TYPES) LIN FT 10 PEDESTRIAN CURB RAMP EACH 24 PAVEMENT MESSAGE (LEFT ARROW) PAINT EACH 18 PAVEMENT MESSAGE (RIGHT PAINT EACH 2 4" SOLID LINE WHITE - PAINT LIN FT 2,350 24" SOLID LINE WHITE - PAINT LIN FT 25 2 4" SOLID LINE YELLOW - PAINT LIN FT 1,200 4" DOUBLE SOLID LINE YELLOW - PAINT LIN FT 6,165 CROSSWALK MARKING - PAINT SQ FT 275 SUBTOTAL: SUBTOTAL: SCHEDULE C: Griffon Trail Surface Mill and Overlay - Highview Avenue to Grinnell Avenue REMOVE BITUMINOUS PAVEMENT SQ YD 315 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 350 SUBGRADE EXCAVATION - (PATCHING) 03 YD 140 AGGREGATE BASE CLASS 5 - (PATCHING) TON 130 FOUNDATION MATERIAL (3" MINUS) TON 130 MILL BITUMINOUS SURFACE (2.0 ") SQ YD 22,400 MILL BITUMINOUS STEP JOINT LIN FT 1,765 Current Contract Contract Pay Est. Current Pay Quantity Extension to Unit Quantity Price Extension Quantity Est. Extension to Date Date $ 2.85 $ 1,054.50 1.80 $ 405.00 $ 8.00 $ 1,320.00 $ 15.00 $ 2,325.00 $ 17.00 $ 2,635.00 0.25 $ 5,503.75 1.35 $ 1,525.50 45.30 $ 84,484.50 43.70 $ 81,500.54 $ 63.70 5 1,911.00 $ 165.00 $ 990.00 $ 350.00 3 3,150.00 $ 14.25 5 142.50 $ 501.00 $ 12,024.00 31.65 $ 569.70 31.65 $ 63.30 0.12 $ 282.00 $ 1.58 $ 39.50 1.06 $ 1,272.00 0.23 $ 1,417.95 2.11 $ 580.25 5 $ 19.2 $ 288.00 106.29 $ 1,806.93 17.58 $ 809.96 5 $ 5 5 139 $ 1,950.75 5 1 $ 31.65 5 $ 5 $ 9.00 $ 90,00 Li 203,285.95 SCHEDULE B: Kenrick Avenue Surface Mill and Overlay - 700' North of 210 Street to 335' North of 205`" Street; AGGREGATE SHOULDERING CLASS 2 TON 270 $ 21.50 $ 5,805.00 MILL BITUMINOUS SURFACE (3.0 ") SQ YD 7,545 MILL BITUMINOUS STEP JOINT LIN FT 130 TYPE MV3 WEARING COURSE MIXTURE (B) TON 640 TYPE LV3 NON WEARING COURSE MIXTURE (B) TON 640 PEDESTRIAN CURB RAMP EACH 2 PAVEMENT MESSAGE (RIGHT ARROW) PAINT EACH 6 4" SOLID LINE WHITE - PAINT LIN FT 5,515 24" SOLID LINE WHITE - PAINT LIN FT 45 4" SOLID LINE YELLOW - PAINT LIN FT 550 4" BROKEN LINE YELLOW - PAINT LIN FT 3,090 4" DOUBLE SOLID LINE YELLOW - PAINT LIN FT 325 CROSSWALK MARKING - PAINT SQ FT 345 139 $ 1,251.00 6,168.29 147 $ 1,323.00 403 5 1,148.55 $ 108 $ 864.00 19.2 $ 288.00 147.66 $ 2,510.22 20627 5 5,156.75 786 $ 1.061.10 1778.51 3 80,56 198817 3 86,883.03 147.33 $ 9.384,92 15 $ 2,475.00 11 $ 3,850.00 147 $ 2,094,75 27 $ 13,527.00 16 $ 506,40 2 3 63.3E 2135 5 256.20 107 $ 169.06 701 $ 743.09 5877 $ 1,351.71 646 $ 1,367,28 $ 215,589.83 $ $ 5 3 9 0.30 2.35 45.95 44.40 501.00 31.65 0.12 1.58 0.12 0.13 0.23 2.11 2,263.50 305.50 29,408.00 28,416.00 1,002.00 189.90 661.80 71.10 66.00 401,70 74.75 727.95 S $ 5 -1 $ (31.65) 5 $ $ 5 69, 393.20 $ (31.65) 84.48 $ 1,816.32 6767 5 2.030.10 1725 $ 4.053.75 619.74 $ 25,477,05 725.75 $ 32,223.39 11 5 5,511.00 -1 5 (31.65) 3824 5 458.88 38 5 60.04 $ $ 2237 $ 514.51 162 $ 341.82 75,455 12 $ 0.25 $ 6,106.25 $ - 21726 $ 5.431.50 5 1.35 $ 1,950.75 $ - 860 5 1.161.00 $ 45.30 5 94,224.00 $ 1989.58 5 88.768.97 $ 43.70 8 90,896.00 26.77 $ 1,169.85 1877.93 5 82,065,54 Item Unit Quantity Price TYPE MV3 WEARING COURSE MIXTURE (B) TON 1,890 TYPE LV3 NON WEARING COURSE MIXTURE (B) TON 1,890 TYPE LV3 NON WEARING COURSE MIXTURE (13)- (PATCHING) TON 35 ADJUST VALVE BOX EACH 10 ADJUST FRAME & RING CASTING EACH 24 PEDESTRIAN CURB RAMP EACH 36 PAVEMENT MESSAGE (RIGHT ARROW) PAINT EACH 1 PAVEMENT MESSAGE (LEFT -THRU ARROW) PAINT EACH 1 4' SOLID LINE WHITE - PAINT LIN FT 8,525 4" DOUBLE SOLID LINE YELLOW - PAINT LIN FT 4,105 SCHEDULE D: Repairs Inside District 2A1 SCHEDULE E: Repairs Citywide MILL BITUMINOUS SURFACE (2.0 ") MILL BITUMINOUS STEP JOINT TYPE MV3 WEARING COURSE MIXTURE (5) TYPE LV3 NON WEARING COURSE MIXTURE (B) 45.30 5 85,617.00 43.70 $ 82,593.00 63.70 $ 2,229.50 165.00 $ 1,650.00 350.00 6 8,400.00 501.00 5 18,036.00 31.65 5 31.65 $ 84.40 $ 84,40 0.12 $ 1,023.00 0.23 6 944.15 84,40 SUB SUBTOTAL: REMOVE CURB AND GUTTER (ALL TYPES) LIN FT 50 REMOVE CONCRETE WALK SQ FT 485 REMOVE BITUMINOUS PAVEMENT SQ YD 2,800 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 3,405 SUBGRADEEXCAVATION - (PATCHING) CU YD 155 AGGREGATE BASE CLASS 5 - (PATCHING) TON 145 FOUNDATION MATERIAL (3" MINUS) TON 110 MILL BITUMINOUS STEP JOINT LIN ET 3,405 TYPE MV3 WEARING COURSE MIXTURE (6) - (PATCHING) TON 235 TYPE LV3 NON WEARING COURSE MIXTURE (B) - (PATCHING) TON 315 REPAIR IRRIGATION SYSTEM EACH 2 ADJUST VALVE BOX EACH 5 ADJUST FRAME & RING CASTING EACH 5 4" CONCRETE WALK SQ FT 485 CONCRETE CURB & GUTTER (ALL. TYPES) LIN FT 50 CONCRETE DRIVEWAY PAVEMENT (HIGH- EARLY) SQ FT 265 SUBTOTAL: SQ YD 24,425 LIN FT 1,445 TON 2,080 TON 2,080 Current Contract Contract Pay Est. Current Pay Quantity Extension to Extension Quantity Est. Extension to Date Date $ 350.00 14.25 $ 215,399.20 REMOVE CURB AND GUTTER (ALL TYPES) LIN FT 145 $ 9.00 $ 1,305.00 REMOVE BITUMINOUS PAVEMENT SQ YD 1,565 $ 2.85 $ 4,460.25 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 2,255 s 1.80 $ 4,059.00 SUBGRADE EXCAVATION - (PATCHING) CU YD 50 $ 8.00 $ AGGREGATE BASE CLASS 5 - (PATCHING) TON 95 $ 15.00 $ 1;425.0 FOUNDATION MATERIAL (3' MINUS) TON 70 $ 27,00 $ 1,190.0 MILL BITUMINOUS STEP JOINT LIN FT 2,220 $ 2.00 $ 4,440.00 TYPE MV3 WEARING COURSE MIXTURE (B) - (PATCHING) TON 135 $ 89.65 $ 12,102.75 TYPE MV4 WEARING COURSE MIXTURE (B) - (DRIVEWAY) TON 2 $ 150.00 5 300.00 TYPE LV3 NON WEARING COURSE MIXTURE (8) - (PATCHING) TON 175 $ 89.65 $ 15,688.7 REPAIR IRRIGATION SYSTEM EACH 2 5 1 ADJUST VALVE BOX EACH 2 $ 150.00 $ ADJUST FRAME & RING CASTING EACH 1 CONCRETE CURB & GUTTER (ALL TYPES) LIN FT 145 3 .00 350.00 2,066.25 48,387.00 9.00 $ 450.00 $ 85,705.20 BID ALTERNATIVE 1 - 165TH Street Surface Mill and Overlay - 675' East of 'pave Avenue to Hiqhview Avenue $ 84.40 86 $ 774.00 $ 00.00 $ $ $ $ $ 0.00 $ 300.00 $ $ $ 86 $ 1,22530 $ 1,999.50 $ 6,602.89 1855.39 $ 64,049.17 1710 -17 $ 74,734.43 60,84 5 3,975.51 9 $ 1,455.00 26 $ 8,750 00 36 $ 18,036.10 1 5 31.65 2 $ 185-80 7307 $ 876.84 3373 $ 775.79 201,589.03 243 $ 2,187.00 1298 $ 3,699 2031 $ 3 $ $ 993 5 3.986,00 173.58 5 15,561 19.03 $ 2,854.50 268.72 $ 24.090 75 $ $ 243 $ 3,462.76 59,497.55 $ 1.00 $ 485.00 $ 3.85 5 10,780.00 $ 1.80 $ 6,129.00 $ 8.00 5 1,240.00 $ 15.00 6 2,175.00 $ 17.00 $ 1,870.00 $ 2.00 $ 6,810.00 $ 89.65 $ 21,067.75 5 89.65 $ 28,239.75 150.00 $ 300.00 $ 165.00 t 825.00 $ 350.00 $ 1,750.00 $ 3.27 $ 1,585.95 14.25 $ 712.50 4.85 $ 1,285.25 52 $ 52.00 70 $ 269.50 321 $ 577.80 10 $ 128.00 $ 5 242 $ 484.00 21.8 $ 1 26.07 $ 2,337 -18 2 $ 300.00 2 $ 330.00 $ 52 5 170.04 $ 110 $ 990.00 211 $ 211.00 2736 $ 10.533.69 3766 $ 6,778.60 36 $ 28830 $ 5 3106 5 6,212.00 382.57 $ 34.287.40 425.05 $ 38,374.68 2 $ 300,00 3 $ 495.00 5 401 5 1,311.27 156 $ 2,223.00 $ 102,014 75 item SCHEDULE A - IPAVA AVENUE SURFACE MILL AND OVERLAY - SUBTOTAL; SCHEDULE B KENRICK AVENUE SURFACE MILL AND OVERLAY - SUBTOTAL: SCHEDULE C - GRIFFON TRAIL SURFACE MILL AND OVERLAY - SUBTOTAL: SCHEDULE C - DISTRICT 2A1 REPAIRS - SUBTOTAL: SCHEDULE D - CITYWIDE REPAIRS - SUBTOTAL: BID ALTERNATE 1 - 165' STREET SURFACE MILL AND OVERLAY - SUBTOTAL: Unit Quantity Price AD3UST VALVE PDX EACH 11 ADJUST FRAME & RING CASTING EACH 10 PEDESTRIAN CURB RAMP EACH 31 PAVEMENT MESSAGE (RIG}-{T ARROW) PAINT EACH 2 PAVEMENT MESSAGE (LEFT -THRU ARROW) PAINT EACH 2 4" SOLID LINE WHITE - PAINT LIN FT 10,660 24" SOLID LINE WHITE - PAINT LIN FT 25 4" DOUBLE SOLID LINE YELLOW - PAINT LIN FT 4,915 CROSSWALK MARKING - PAINT SQ FT 685 165.00 $ 1,815.00 350.01 $ 3,500.00 $ 501.00 $ 15,531.00 $ 31.65 $ 63.30 84.40 $ 168.80 0.12 $ 1,279.20 1.58 $ 39.50 0.23 $ 1,130.45 2.11 $ 1,445.35 5 $ 8 $ $ 77 $ 5 $ 121.66 SUBTOTAL: TOTAL: TOTAL: TOTAL: Current Contract Contract Pay Est. Current Pay Quantity Extension to Extension Quantity Est. Extension to Date Date 218,149.60 5 $ 203, 285.95 69,393.20 215,399.20 48,387.00 85,705.20 $ 622470.55 218,149.60 $ 218,149.60 $ 840,320,15 1.291,51 6 8.158,29 5 (31.65) $ 84.40 $ 1,999,50 5 6,602,89 $ 14,823.43 5 1,291.51 1,291.51 $ 16,114.94 12 $ 1,980.00 9 5 3,150.00 30 $ 15,030.00 1 $ 31.65 2 5 168,80 9078 $ 1.089.36 111 $ 159,58 4545 9 1,045.35 720 $ 1.519.20 $ 201,600.96 $ 215,589.83 $ 75,455.12 $ 201,589.03 $ 59,487.55 $ 102,014.75 $ 654,146.28 201.600.96 $ 201,600.96 $ 855,747.24 December 2, 2010 City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 ATTN: ROBERTA MCDONALD CITY OF LAKEVILLE ENGINEERING DEPT. Dear Roberta: With regards to city project — 2010 Miscellaneous Roadway Repairs & Overlays, City 'improvement Project 10-01, GMH Asphalt Corporation is requesting final payment. Thank you. Sincere Gary Harms, CEO GMH ASPHALT CORPORATION GH/mmd CONSENT OF SURETY TO FINAL PAYMENT AIA Document G707 Bond No, S395921 TO OWNER: (Na rn e and adrf. r.•) City of Lakeville, MN 20195 Holyoke Avenue Lakeville, MN 55044 -9177 PROJECT: (15mnc and afatrhrrs Minnesota Improvement Project 10 -01 Lakeville, MN in accordance with the provisions of the Contract between the Owner a.nci the Contractor as indicated above, the (Insert nainrutrd arddretcsof,Srrr_rriJ Employers Mutual Casualty Company P.O. Box 712 Des Moine, IA 50303 -0712 on bond or (tr ;£KrY noplm and adrirms gfContraiiww) GMH Asphalt Corporation 9180 Laketown Road Chaska, MN 55318 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that Fins( payment to the Contractor shall not relieve the Surety of any of its obligations to (Al tanone- andadrirts ),,f 4wner) City of Lakeville, MN 20195 Holyoke Avenue Lakeville, MN 55044-9177 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: November 16, 2010 ( 6tuc !tYt`n witia5 the trtontbfolkwedh rlxmronor dare and t"tar.) Attests (Seal ). SEAL +� 1r s ?��4' , ARCHITECT'S PROJECT NO.: CONTRACT PORI 2010 Misce laneoos Roadway Repairs and Overlays CONTRACT DATED: April 28, 2010 Employers Mutual Casualty Company (5'4 2t3 t re. glen t onia 4 rtvptt vrtatiiv) Amy M. Burns OWNER ARCI -TITrc , CDNAC oR SURETY OTHER Attorney -in -Fact 0 0 fl 0 SURETY, ER, G707 -1994 /EMCInsurance Companies P.O. Sox 712 • Des Moines, Iowa 50306 -0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -1N -FACT KNOW ALL MEN BY THESE PRESENTS, that 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Minois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint: Amy M. Burns its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S395921 Principal : GMH Asphalt Corporation Obligee : City of Lakeville, MN and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and at of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is made and exeouted pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to {1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recagnizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in ail respects binding upon the Company. Certification as to the validity of any power-of- attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in aft respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of- attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals SEAL �= Tea f 'it's, F ; w. SEAL ! .E °•., lawn Pea, 1863 _ 1953 1,' ''` SEAL 5z ' oax a t *Coromiseicsi CHERYLCRR©1NNOVR My � E October 16, 2011 Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual insurance Company, an Iowa Corporation Michael Freel Assistant Secretary On this 22nd day of June, AD 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duty sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Fred, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 16, 2011. e_1,c_crui.0-7.„0 Notary Rate in and for the State of Iowa CERTIFICATE 1, David L. Hixenbaugh, Vice Presider of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. in Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 1 6 th day of November 2010 Vice President MAINTENANCE BOND Bond No. 5395921 M KNOW ALL MEN BY THESE PRESENTS: Effective 12/2112010to 12/21/2011 GMH Asphalt Corporation That 9180 Laketown road Chaska. MN 55318 as Principal, hereinafter called Contractor, and Employers Mutual Casualty Company P.O. Box 712 Des Moines, IA 50306 - 0712 , as Surety, hereinafter called Surety, are held and firrnly bound unto City of Lakeville, MN 20195 Holyoke Avenue Lakeville, MN 55044 -9177 , as Obligee, hereinafter called Owner, in the penal sum of Eight Hundred Fifty Five Thousand Seven Hundred Forty Seven Dollars and 24/100 Dollars (5 $55 747.24 ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed various public improvements: 2010 Miscellaneous Roadway Repairs & Overlays - Minnesota Improvement Project 10 - 01. in accordance with the General Conditions, the Drawings and Specifications, which Plans are by reference incorporated herein, and made a part hereof, and is referred to as the Plans. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of 1 Year from the date of substantial completion of the work provided for in the Plans, then this obligation to be void; otherwise to remain in full force and. effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this _ 2nd day of December , 2010. In the presence of: GMH Asshalt !s•r.. Princ By: Gar' M. '" rms Seal President Title Employers Mutual Casualty Company Suretv,= By: Amy M. Burns' Attorney -in -Fact STATE OF MINNESOTA COUNTY OF CARVER On this 2nd day of December, 2010 before me personally appeared Gary M. Harms to me known, who being by me duly sworn, that he /she is the President of the GMH ASPHALT CORPORATION. the corporation described in and which executed the foregoing instrument; that he 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 ord 1 MEAGAN MARIE MANTHEI Notary Public- Minnesota My Commission Expires Jan 31, 2013 STATE OF MINNESOTA COUNTY OF HENNEPIN ACKNOWLEDGMENT OF CORPORATE SURETY On this 2nd day of December, 2010 before me appeared Amy M. Burns to be known, who being by me duly sworn, did say that (s)he is the aforesaid Attorney -in -Fact of the EMPLOYERS MUTUAL CASUALTY COMPANY, 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 on 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. MEAGAN MARIE MANTHEI Notary Public-Minnesota My Commission Expires Jan 31, 2013 CORPORATE ACKNOWLEDGMENT Notary Public otary Seal) Notary Public, �4 t (Notary Seal) "For verification of th authenticity of the, Power of Attorney you may dal! (515) 345 X689." CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2, EMCASCO Insurance Company, an lowa Corporation 3. Union Insurance Company of Providence, an lowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies ", each does, by these presents, make, constitute and appoint: Amy M. Burns its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: Surety Bond Number: S395921 M Principal : GMH Asphalt Corporation Obligee : City of Lakeville, MN and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attomeys -in -fact and authorize therm to execute an behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals d S,Qn k¢ ,, .` y' O. 0;........ W f c =oz SEAL "ii ps 1853 : r ; p 4PE1Aq ' ,' r 1953 =� t. • � e 4 5 , P ,, Cq , r ` V�, 40R c`,0% P fl C" W Pi1A e WI RANG '• `g1SURgh, •, P 4, SEAL =T SEAL =A. ,s SEAL :` c ,a,,`' o'' ,,,, gy? ,,, MNDi_ zo . ,, 'Ns {U4 /EMC Insurance Companies. li c 46 CHERYLCROWHOVEA Conerdeehon Number • jk October 16, 2011 P.Q. Box 712 • Des Moines, Iowa 50306 -0712 Bruce 0. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 On this 22nd day of June, AD 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 16, 2011. 5. Dakota Fire Insurance Company, a North Dakota Corporation 6, EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an lowa Corporation Michael Free! Assistant Secretary Notary P lic in and for the State of lowa CERTIFICATE 1, David L. Hixenbaugh, Vice President of the Companies. do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2nd day of December 2010 Vice President • Dec, 9, 2010 4: 16PM MINNESOTA Department of Revenue FiacaR rype ar print: 4 Thin wail* r.v4f In[ efn, bird &v re tirein$ km asrnplals farm. r corn nn namc .address Stir 5 `� r Fropm't numcwr 0 Frim t ewaer Nome of aantroctvr who hired you Adnfellg Withholding A d it fokr Contractors fiat affidavit must be approved by th& Minnesota Depcartmerf of Revenue before the state ©i Minnesota or coy vd its stibririYision,s can mdke final payment to contractor. ,rid 3772: ' 4 T m-t- . ew .e&E ° ZAle C4, ' Mva ept, of c nu , - Vern al Gli s Division, Arai: 5ratk ti Seed, a tc, sooel a< !Sew. i ';,(9,$) herniae on r{tytbai p gaer wlef 1P`ri uoarsansumcr w¢zsr0 +nine aav be 4 Ink natr p110 tai t ktCatinil eirte icrireu [Sid yew haec ompickyees work on ihio praiecIt ` a m , LI N I1 no, r t did li works" ° rw k. file d]ox tivai desariiw �/'}i ur involvarneant in to protect card NI in alt information requested. D Sofie contractor t_ [ sub:aa117060r Asr Am/ [ Tch,i contrets a�scsu f y 1 s 73 0 an' Amount aEiu duo , ) Wi 77 No, 5025 F, 1/2 MlimesotG wil'rncxlcing tax tEb num4cr Z E57 / Ma / ytv r work [rerun 24 /c Montih(ycar ward. rnuod t: /C,? Owner /QttiGvr & e c zip cork 1 134 I Prime c¢ ntroctor — you subcontracted out any wort~ on this- project, all oir subcontractors mint file their own IC -134 areidauits and hove them certified by the Derpar ment of Revenue before you con fife your affidavit. For eoch subcontractor you had, M, in the information imiow orit attach a cnav of ecsah su€:rnrstrrsrtrrr' rrxrfitisad IC.i " dot 11- rr %®ar nra,rar SrJaic,� carcac■ o separate sneer. Covsinog name Antsy disfare bras all inrnrma#ioro- F frsrr &Id in nn rfrFa form is ¢rue and campiate� to beat cirri imewietips aryl tfeticf. i authorize the. ,7cp rartrnfsnr of novenae ciacioss r esri itrf ai 'an reraiiag b it pro 'r, ir•,ciurs`irrp sending exvias at this roan, b the prim voriirode if ! Corn as s+riSccntrccror, and hs.rrny pcon tors if ca prialepvtocivr, and io the contraehn9 arierrcy. ConrrpCcrs; 0, St. Ptrul, MW 55td 14 Certificate of plience Eased or) records of the Minnesota Department of Revenue, l certify that the contresctor who hos signed thi.i certificate hos fulfilieris_sll file requirements of Mn ineso o Statutes 290.92 and 290%97 usrsoetmincr Ih withholding. of Minneatrto income k fr. +>Frrsg�E paid to employees reiatiisc to contract services with the state of Minnesota send /or itt suk,cii4idigrzs. �rt�c rurivo,' Dote