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Parapet Wall Repair ~ , f -"", ..... CONTRACT THIS AGREEMENT, made and entered into this II day of /).tJCMw..~. 20 O<r, by and between the City of Salina, Kansas a municipal corporation, First Party, . hereinafter referred to as the "Owner" and fe, '/?od iJ-r LL--c.. " Second Party, hereinafter referred to as the "Contractor." WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in accordance with the provisions of the "General Clauses," the said Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to construct and complete the improvements in a good, substantial and workmanlike manner; ready for use and in strict accordance with the contract drawings and specifications, as approved and filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the sum or sums due him, by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Engineer; in accordance with the provisions of the "General Clauses," and as set forth in the proposal as accepted by the Owner. ARTICLE 3. It is hereby further agreed that at the completion of the work and its acceptance by the Owner, all sums due the Contractor by reason of his faithful completion of the work; taking into consideration additions to or deductions from the contract price by reason of alterations or modifications of the original contract, or by reason of "Force Account" work authorized under the contract in accordance with provisions of the "General Clauses;" will be paid the Contractor by the Owner within 30 days after said completion and acceptance. ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shall be deemed to refer to said Contractor whether a corporation, partnership, or individual; and this contract and all covenants and agreements thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. ...;.,~ \ ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract" shall include all contract documents as specifically set out in the "General Clauses," and thereby made a part of this agreement to the same extent as if set out at length herein. ARTICLE 6. It is hereby further agreed that the undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction on or before /I-Io-og- : and the completion of the construction, ready for acceptance will be required IJ.- --3/-0 S- .: IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and year first herein written, all copies of which to all intents and purposes shall be considered the original. CONTRACTOR, SECOND PARTY Pc,' e~1ls l-L-C' BY'! ~ /;-e (' l'eI~.... t- (Office or position of signer) no SA--f ....seat=1f Contractor be a corporation OWNER, FIRST PARTY THE CITY OF SALINA, KANSAS ~~YO~Q.y -1 )d AII~ r; hlJ# CITY CLERK ~ ""'d ~. , Bond No. 08852536 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT PCiRoads, LLC OF 14123 42nd Street N.E., FIDELITY AND DEPOSIT COMPANY St. Michael, MN 55376 , as principal, and OF MARYLAND , a corporation, organized under the laws of the State of Maryland , with general office in Schaumburg, IL and authorized to transact business in the State of Kansas as surety, are held and firmly bound unto the Owner, lelTY OF SALINA, KANSAS, in the ONE HUNDRED SEVENTY-i8BR THOUSAND, NINE HUNDRED penal sum of SEVENTY-FIVE AND NO/dollars ($174,975,-,00 ) lawful money of the United States for the payment of which sum, well and truly to be made, said principal and surety bind themselves, their heirs, administrators, executors, successor and assigns, jointly and severally firmly by these presents. Signed, sealed, and delivered this 11th, day of November ,2008. THI; CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, . said principal has entered into a written contract with the Owner, CITY OF SALINA, KANSAS, dated November 11 , 20~, for the furnishing of all materials and labor and doing of aU the work of whatever kind necessary to construct certain improvements for the said Owner, all in accordance with the specifications for such work on file in the . office of the Owner; and in accordance with said contract a copy of which is, or may be, attached hereto and which is by reference made a part hereof. . NOW THEREFORE, if said principal shall well and truly perform all of the covenants, conditions, and obligations of said contract on the part of said principal to be performed; and shall hold the Owner harmless against all claims, loss, or damage which it may sustain or suffer by reason of any breach of said contract by said principal, or by reason of an injury to persons or property occasioned by the action of said principal or his employees; and if- said principal shall maintain the improvements to be constructed by him as provided for in said contract above referred to; then this obligation shall be void; otherwise to remain in full force and effect. The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract, or the work, or ,the specifications. PB-1 IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized agent or agents, all as of the day and year first above written. This document is executed in triplicate. PCiRoads, LLC ~. Zi2- princ~ " ] "J j FIDELITY AND DEPOSIT COMPANY OF MARYLAND , \:,.: )' /.' Surety ',< I"h"~~:" ~,"</">;~ ~~ ,.:.: +:- i -' ~-, ~ '~~-:: .. c. " 1 ';'-, - ~--' --"":':' Bi'-/~ " ., "" )-7 ~;\ :': 'Attorney-in-fact Bruce N. Telander, I( "f j, (A certified copy of the agent's power 'of attorney must be attached hereto.) PB-2 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of MINNESOTA ss } County of WRIGHT 11 th. day of November ,2008, before me personally appeared ---r-Ae>>", #~ Sfe>A 11 to be known, who being by me duly sworn, did depose and say that (s) he is the /'.... "SOI .t .,~ + of the Limited Liability Company described in and which executed the foregoing instrument, and that (s) he signed his name thereto by order of the Board of Governors of said Limited Liability Company. On this ~~~&~ ~ Notary Public tf-ll111.JJP '''' County, It1 JJ My commission expires' /-31-/# ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss } County of HENNEPIN On this 11 th. day of November , 2008 , before me appeared Bruce N. Telander to me personally known, who being by me duly sworn, did say that {s)he is the Attorney-in-Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND . a corporation, that the seal affixed to the foregoing instrument is the cOIporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Bruce N. Telander acknowledged said instrument to be the free act and deed of said corporation. .~.NINV'NV\l\MII ~ll?Jt:~\1~\ RACHEL THOMAS I : . "..:T:3!.c:g,i NOTARY PUBLIC-MINNESOTA .'..:>~.to'~';;~jt.\: . _ 'i;/' Il;;.-_~.:..~..\~,.::;..~._~.~./ !/:i Cor::.mlSSl0n E~olles Jan. 31. 2010 ~ '.'-.Ij.;~~,:", .'t/V+N~N'~l\!'I",l'V'V:'!:!VV\M~IVV'tl\'Wt.A/VV".ANV at Notary Public My commission expires County, .' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in ~ @ rity granted by Article VI, Section 2, of the By-Laws of said Companies, which are set forth ei s ereo e hereby certified to be in full force and effect on the date hereof, does hereby nom. a ANDER, John P. MARTINSEN, R. Scott EGGINTON, R. W. F ~ R, Joshua R. LOFTIS, Craig REMICK, Linda K. FRENCH and ~ ~all mnesota, EACH its true and lawful agent and Attorney-in-Fact, to ma ~~\dhd d . n ehalf as surety, and as its act and deed: any and all bonds and undert. ., th~~ . or undertakings in pursuance of these presents, shall be as binding upon said C ie , to all intents and purposes, as if they had been duly executed and acknowledged by th Ie officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorn r es that issued on behalf of Bruce N. TELANDER, John P. MARTINSEN, R Scott EGGINTON, RW. FRANK, Donald R OLSON, John E. TAUER, Joshua R LOFTIS, Craig REMICK, Linda K. FRENCH, Roger CORNETT, dated January 8, 2007. The said Assistant Secretary 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 Companies, and is now in force. . IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 10th day of September, A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ~ !1 /./;jl d , t~ ?{)fI ~1vfI o By: ! Gregory E. Murray Assistant Secretary William J. Mills Vice President State of Maryland }SS. City of Baltimore . On this 10th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, 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 Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affIXed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year frrst above written. :\\,\\\~t~:'~ill, ~' ~~~~....~:..~~.~;I,,I-# ! 4-f~~)t~~'Y ...: 1 1.)' \ ) ) :,) : .."./ t,,~. ~.;"" fJ\J~)~'\./t.~ ~~i::;'ifi.}';i~ ;11~,,~ 111,.n'~\\' ~a.O~ Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 184-8081A 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 anyone 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 ofmortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "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 anyone 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 ofmortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is stilI 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 Drrectors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY A1IJD, : DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY C9~~NY:_ 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"heldon the lOth day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND Sl.!RETY COMPANY at a mee~ing duly called and held on the 5th day of May, 1994. 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 seals of the said Companies, this 11th, day of November 2008 ~ JJ_~ Assistant Secretary , > STATUTORY BOND Bond No. 08852536 KNOW ALL MEN BY THESE PRESENTS, THAT PCiRoads, LLC of 14123 42nd Street N.E. FIDELITY AND DEPOSIT COMPANY St. Michael, MN ,~-ifrlc~pal and OF MARYLAND , a corporation organized Maryland IL under the laws of the State of , With general offices in Schaumburg, and authorized to transact business in the State of Kansas as Surety; are held and firmlv bound unto the ONE HUNDRED S~VENTY-FOUR THOUSAND, NINE HUNDRED State of Kansas in the penal sum of SEVENTY-FIVE AND NO/ b~~ars ($ 174,975.00) lawful money of the United States; for the payment of which sum, well and truly to be made, said principal and surety bond themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed, and delivered this 11 th, day of November ,20~. '.THE:;CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said principal has entered into written contract with the CITY OF SALINA, KANSAS, dated , ' .. Novelp.ber 11 , 20 o~ for t~e furnishing of all materials and labor and doing all the work of ,whatever kin,d necessary to construct certain improvements for the Owner; all in accordance / With the detailed plans and specifications for such work on file in the office of the Owner; and , in accordance with said contract, a copy of which is by reference made a part hereof. NOW THEREFORE, if the said principal, or the subcontractor or subcontractors of said principal, shall pay all indebtedness incurred for supplies, materials, or labor furnished, used, or consumed in connection with, or in or about the construction or making of, the above described improvement; including gasoline,lubricating oils, fuel oils, greases, and similar items used or consumed directly in furtherance of such improvement; this obligation shall be void; otherwise, it shall remain in full force and effect. , The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way effect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. . 58-1 . . IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said surety has caused these presents to be executed in its name, and its corporate seal is to be hereunto affixed, by its duly authorized agent or agents, all as of the day and year first above written. PCiRoads, LLC FIDELITY AND DEPOSIT COMPANY OF,~~AND. Surety - ~ ", f\.,,', ~' - " ' ,...- ;:~' . \.....~......\ c-- '~,... . BY ~~~~l:;,:C:/ (A certified copy of the agent's power of attomey must be attached hereto.) (Contractor shall file with the Clerk of the District Court.) S8-2 . . LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of MINNESOTA ss } County of WRlGHT On this 11th. dayof November ,2008, before me personally appeared -,-1.,......!$ 5'1. a. >1 to be known, who being by me duly sworn, did depose and say that (s) he is the p-ru,,L-t...-t of the Limited Liability Company described in and which executed the foregoing instrument, and that (s) he signed his name thereto by order of the Board of Governors of said Limited Liability Company. ILJ&!= ~ Notary Public ;/Rnit"P"'11 County, !I/I,.J My commission expires I-.B 1-iI~ ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss } County of HENNEPIN On this 11 th, day of November ,2008, before me appeared Bruce N. Telander to me personally known, who being by me duly sworn, did say that (s)he is the Attorney-in-Fact of 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 executed in behalf of said corporation by authority of its Board of Directors; and that said Bruce N. Telander acknowledged said instrument to be the free act and deed of said corporation. . ." , . I. '\ RACHEL THOMAS I i; " NOTARY PUBLIC. MINNESOTA ";. . ....~)\:~~ ". ..J My Comm'sSlon e,p"es Jan 31.2010 .~",!,~~IVIIW. Notary Public My commission expires County, . .- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in ~ ~ rity granted by Article VI, Section 2, of the By-Laws of said Companies, which are set forth el s ereo e hereby certified to be in full force and effect on the date hereof, does hereby nom' a ANDER, John P. MARTINSEN, R. Scott EGGINTON, R. W. F ~ R, Joshua R. LOFTIS, Craig REMICK, Linda K. FRENCH and , all mnesota, EACH its true and lawful agent and Attorney-in-Fact, to m ~~ .~t<tIn ehalf as surety, and as its act and deed: any and all bonds and undert' 0 th~~ . ~;rtakings in pursuance of these presents, shall be as binding upon said C ie , to all intents and purposes, as if they had been duly executed and acknowledged by th Ie officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorn r es that issued on behalf of Bruce N. TELANDER, John P. MARTINSEN, R. Scott EGGINTON, R.W. FRANK, Donald R. OLSON, John E. TAUER, Joshua R. LOFTIS, Craig REMICK, Linda K. FRENCH, Roger CORNETT, dated January 8,2007. The said Assistant Secretary 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 Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affIXed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 10th day of September, A.D. 2007. I ' ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By: Gregory E. Mu"ay Assistant Secretary William J. Mills ~.l1t~ / ./ /1. ;i t{All1uf1 Vice President State of Maryland }SS' City of Bahimore . On this 10th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, 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 Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. :\\,\\\~H,~ifjl"i $''..."i'\'~~''''':'!?'/~:~J ~ IJ/~)(N\Y . \~ \ .~ :~! '/) > i't: :~.. . ,tJlv;: -'~ ~\" j)"~'~...':$ ~ ,~/::Ji;iii;i~;~.1~"... I"un,'\\\ ~a.O~ Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 184-8081A ,~ 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 anyone 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 ofmortgages,oo.and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "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 anyone 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 ofmortgages,oo.and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, 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 BoardofDirectors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the foll\)wing resolution 'ofth~ Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and hel!,l <in the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. 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 aftixed the corporate seals of the said Companies, day of November 2008 this 11th, ~ /)~~ Assistant Secretary ;/ ..... ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) , 11/11/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN-FG/HG ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBB STRECKER. DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: DISCOVER PROPERTY & CASUALTY INS CO PCI ROADS LLC INSURER B: CINCINNA TIINSURANCE CO 14123 42ND ST NE INSURER C: PO BOX 416 INSURER 0: SAINT MICHAEL, MN 55376 INSURER E: Client#. 4739 PCIROADI COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R ~~~i TYPE OF INSURANCE POLICY NUMBER P~{~v,.\'~~&WIE Pg~flfW~~~N LIMITS LTR A ~NERAL LIABILITY D286LOO034 08/18/08 04/01/09 EACH OCCURRENCE $1 000 000 x.. 3MERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100 000 - CLAIMS MADE ~ OCCUR INCLUDES: MED EXP (Anyone person) $10000 X XCU OPERATIONS OF PERSONAL & ADV INJURY $1 000.000 X BROAD FORM PD SUBS-CONTINGENT GENERAL AGGREGATE $2.000.000 ~'L AGG~E~ ~~~ APnS PER: CONTRACTUAL L1AB PRODUCTS - COMP/OP AGG $2 000.000 POLICY X JECT LOC A ~TOMOBILE LIABILITY D286AOO033 08/18/08 04/01/09 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 - - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS X. HIRED AUTOS BODILY INJURY $ K- NON-OWNED AUTOS (Per accident) ., .PROPERTY DAMAGE (Per accident) $ . ~RAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN . EA ACC $ AUTO ONLY: AGG $ B :i]ESS/UMBRELLA LIABILITY XS1151846 04/01/08 04/01/09 EACH OCCURRENCE $5.000.000 X OCCUR D CLAIMS MADE AGGREGATE $5.000.000 $ ~ DEDUCTIBLE $ X RETENTION $0 $ A WORKERS COMPENSATION AND D286WOO039 08/18/08 04/01/09 X I T"/,~JH';J.~;, I IOJ,tt- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1.000.000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000.000 If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS BRIDGE REPAIR-NORTH OHIO OVERPAS.S (CITY PROJECT #00-1248-03) CERTIFICATE HOLDER CANCELLATION DEPARTMENT OF PUBLIC WORKS 300 WASH PO BOX 736 SALINA, KS 67402 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S313006/M306758 @ ACORD CORPORATION 1988 #' .-., IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poficy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu, of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does' not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-8 (2001/08) 2 of 2 #S313006/M306758