2004-06-17 Construction Performance Bond
uocumem VVU.1.1 J:Sono ~ l"lJ.\JC 7048 \
Construction Performance Bondecuted in .three.c:o~ies"
"
Any singular reference to Contractor. Surety, O\vner or other party shall be considered plural where applicable.
CO!'>t"TRA.crOR (Name and Address):
Dennis Fehn Gravel & Excavating,
PO Box 256
Albertville, MN 55301
SURETY (Name and Principal Place of Business):
Inc "Merchants Bonding Company
2100 Fleur Drive
Des Moines, IA 50321-1158
O\'VNER (Name and Address):
City of Albertville
5975 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
CONSTRUCITON CONTRACT
Date: June 7, 2004
Amount: $1,572,033.13
Description (Name and Location): 2004 Prairie Run, Albertville, MN
A-ALBEV 0409
-'"\... "D
.u;,.~_ ~ot earlier than Construction Contract Date): June 17, 2004
Ar::: :mt: $1, 572,033.13
Modifications to this Bond Form: None
COJ-..!RACTOR AS PRINClP AL
Company: Dennis ~ehn Gravel &
Exc at~ng,
SURETY
(Corp. Seal) Company:
Signature;
~ ::"'11e and Ti e:
Signarore:
Name and Tit]
.(Corp. Seal)
CO},"TRACTOR AS PRlNClPAL
Company::
SURETY
(Corp. Seal) Company:
(Corp. Seal)
3ignature:
;.; ?..'11e and Title:
Signature:
Name and Title:
:.::DC No. 1910-28A(1984 Edition)
:or :al"!d through the joinl effuru cfTh::: Surety. Association of Americ:l.. Engineus' Joint COntr3.c:l Documents Commill::::::. The Associaled Gmual CODlnCfOrs of Amenc:!.. ~d
.~: ..1.r.:~COl.' L-:s:aute of Archi.leclS. .
00611-1
1e Coo~etor i'Dd"the Surety, jointly ;IIId sevenUy. bind themselves.. their
:x~tors. ~rninistnlOl:s.. SIlcces50rs ;IIId ~&igns to the Owner foe the
::,nc:e of th,e Construction Contr:1cl, which is incorporated herein by
~e.
'C Contr3Ctor pe:fOJtllS the Construction Contnct, the Surety and the
'tOr shall have no oblig:llion onder this Bend. except to participate in
:JUS as provided in Subp:uagraph 3.1.
:re is no Owner Dtf&UlI. the Surety~ Obligation u.nder this Bond shall mse
,1. Thll Owner Ius notified the Ccnlrlctor And the SlIrety at its address
described in Par.l,SJ3pb 10 below. that the Owner is considering
declarinjt a COlltnctar Default and has fl:qucsted ed atternpled to
:lIT3.Dga a confel'!1lce with the Contractor and the Surety to be held not
btu than .fifteen days aftenectipI of such notice to discuss methods
of peri'ClmJing Ole Consuucticm Contn"L If !be Owner. the
Cont7~tor and the Surety. agree. the Contr:lctor shall be allowed a
reuomble time to per1'onn the Construction Contract, but such an
agreement shall nOI waive the Owners right. If :\n)'. SUbsequently to
declare a Contractor Default; 3Jld
2.. The Owner has declared a ConUllCtor Default and formally lermin~red
the COI'Itnlctor's right to complete the contract. Suc:h ContractOl'
[)d2ull $Ial1 not be declared earlier !hili twenlY days after the
Conlr8elOr and the Surety have rcc:e.iYl:d nonce >> provided in
Subparagraph 3.1; 3IId
j. The Owner b1$ agreed to P3Y the Balance of the Contraet Priee to the
Surety in acccrda.oee with the tc:nns of the COlUtruction Contracl or to
a CODlr.I.ClOr selec1ed to pcrfonn the COllSltUclion Contract in
accordance with the terms of the eontract with Ihe Owner.
; the Owner hu salisfied !be eonditions of Puag~Jlh 3. !be Surety shall
" 3n.d at !be Surcty's ctpcnse take one of the following actions:
. Arrazl;e for the Contrlletor, with eonsent of tile Owner. to perfonn and
complete Ole Constnlction Contnet; or
Undcruke to perform :and eompltte the Construction Contr:lct itself.
through its agents Of' Ihraugh independent COlltlactcrs; or
Obtain bids or negotiated proposals from Qualified contractors
~eepLable 10 the Owner for a conUllCt fOf' pe:fOl1ll3Dce :\nd
eompletion of the Construction Conlr.l.Ct. atT:lIlge for a contract to be
r:r~ared for aecltlion by \he Owner and tile contractor selected with
the O","er~ CODCUITe./lee. to be soeured wi\h ptrfonnanee and
payment bonds cteculed by a qualified surety eqwvaltmt to the bonds
issued on the CClllstruetion ContJ'llet and p:!y to the Ownu the
. amounl of damages as desc:nbed in Paragnpb 6 in excess of the
Ba.bn~ f1f the Contr~t Price incuned by Ihe Owner resullins from
1M Con ll'aclor.s def.lult; or
Waive its right 10 perfonn and complete. mange for completion. or
obtain a new contractor and with reuo~le promplness under the
rn-c:umstanees:
1. After investigation, detumine the amount for which it m~y be
lillble 10 the Owner and. 1$ soon as practicable after the ;unounr
is determined, tender payment thentor to the Owner; or
2. Deny li:!bilily'in whole or in pan and notify the Ownu citing
re~oru Iherefor.
S :.trety docs not proeeed as provided in Paragraph 4 wilh reasonable
ss. Lhe SurelY shall be d~ed 10 be in debult on this Bond fifteen days
:iF! of an additional wrillen notice for the Owner 10 the Surety
.: thll the Surety per1'onn its oblig~tions under this BDnd. and' the
,3l1 be entitled 10 cniorce any mnedy avwsble to the Owner. If the
~ds as provided in Subpanlgnpb 4A. and the Owner re:fu.ses !he
,=o:l'Cd or the Sumy has denied liability, in whole or in pan. without
:jce the Owner shall be entiued tl? enforce any remedy available 10 the
:,~'"ER'S REPRESENTATIVE:
)it Elliott Hendrickson Inc.
), Box 1717
Cloud, MN 56302-1717
).:29.4300
6. AltD the Owner Ius terminated the Contractors ~t t~ complel!!' ~ '
Canstruction Comnt:l. md il the SUrety electS to act under Subparag:rapb 4..1, 4.2.
or 4.3 abOYc. then the responsibili Iics of the Surety to the Owner sh3l1 Dot be
gRater than those of the Cootrletor WIder the ,Constnlction Contr:lCr., and the ' ~,
responsibilities of the Owner to the Surety shall not be SfC3ler than th~e 'of the
Owner under !be Consuuction Contract. , To the Iimil of the amount of this Bond..
but subject \0 commitrne.tlt by the Owner of the B:iWlce of the COntraeL Price to
n1iligation of COS1S and damages OIl the Construction COIItr3Ct. the> Surety, is
obJipted without duplication fOr: ,
6.1 Th, responsibilities of the Contnetor (or eom.c:tion otdefe.ctive work
and completion of the COIUtruction Contr;ll:t;
6.2 AdditiOnal legal. design professional and del.:!)' coSts resulting from
tha Ccntrictori Default. lUld resuJdng from. the :t.etions or' failure to
act oCthe Surety under Pmgraph 4; and
6.3 Liquidstion damages. or if no Iiquldated damages are specified in the
, Constnltticn' Camract. actUal dam~es caused by debyed
perfoimance or non-pezfcnnanc:e of the Contractor.
7. The Surety slWl not be liable to the O\Trler or others for obligations of the
COIItr:t.elOl'thsUR unrelated to.the COIUtnlctlon COIItrac:t, and the Bal2Dce of the
Contnct Price sJW1 Dot bc redUced or Set off on IIccount of any suc:b u~ted
obJiptiODS. No right of action shall sa:zue on this BCJ:Id ,to any person or entity
other than the Owner or il heirs. croeutors. ;IlJministrlllOrs. or SllecesSorS.
,8. The Surety bereby wtives notiec of illY change. including ehanges of time. to
t1le COOStNCtillll Comrac:l or to related subc:outra.ets. purchase order and other
obliptioas.
9. A1Jy proce~ng,. legal or equitsble, under this Bond SlUy be instituled in any
COWl of coltlpeian jurisdietion in the location in which lha wode or pm of the
wark is located and shaD be instituted within two yun after Contract Default or
within two years after the ConmclOl' ce~ed working or within two years after the
Sumy n::fuscs or (aib to puform its obligations under this. Bond. whichever
occ:urc. first. )f the provisions of this Paragraph are void or prohibited lly la..... the
minimum period of limiurion llvaihble to sureties as Il defense in the jurisdiction
of die suit slWl be applicable.
10. Notice to the Surety. the Owner or the Conlr~tor shall be mailed or
ddivered to the address mown on the signature page.
11. When this Band hIlS been fanUshtd 10 eoroply with :I ststutory or other legal
requirement ~the Iccation where the consuuction was to be pe:formed. IJl)'
provUiOD in this Bond conflictiDg with seid statutory or legal requirement shall be
deemed deJl!lcd herefrom and provisions conforming to such slatulOry Of' other
legal teqlliranau shall be deemed incozporaled berein. The iDteDt is thaI this
BODd shall be cDnsuued IS 1I statotol)' bond and not as 3 eommon law bond..
12. Definitions. .
12.1. Balance of the Contr:lCt Price: The total amount pay:!ble by the
Owner to the ConUllCtor under the ConstrUction COnU3Ct after all
pt'Opcrty, adjuslmcats hive been, made, incJudiJlg allowance 10 the
Ccmtracior of tIDy amounts m:eived or 10 be received by the Owner in
setllanem of insurance or other claims for damages to ,.,hich th.
Contractor is entitled. redueed by all valid and proper paymUlts made
to or en behalf of the Contraclor under the ConstrUction ConU3CL
12.2. COD:ltrUetioo Contract: The agreement bet......een the Owner and the
CootnclOr identified on the signllnlre plIge. inclUding all Conll"act
Documents and changes thereto.
12.3. Contractor Default: Failure to the CcntraclOr, which h3.ll nather been
mntdied nor waived. to perforra or otherwise to comp))' 'Ni\h the
temJl of the Cons\l1lction ContneL
12.4 Owner Default: Failure of the Owner. \yhich hll:J ne.ither been
remedied nor waiYed. to pay, the ConU'3CIor as required by the
CDIlSUVetion Conlract or to perform and complete or comply with the
other tenos \hereof
AGENT OR BROKER:
. 'N" Klei, n Agency, Inc.
,.' ame:
Address: 3570 N Lex~ngton
Phone: (b~l) 4~4-b4bl
Ave. #206, St. Paul, ~1N
55126
00611-2
LJU\,;UlJlt;UL VVO.l.J !Sona if MNC "1'048
Executed in !chreecopies.
Construction Payment Bond !
.lu1y singular reference to Contractor, Surety, Owner or other party shall be considered plural whereappHcabtl.e. _
CONTRACTOR (Name and Address):
Dennis Fehn Gravel & Excavating,
PO Box 256
Albertville, MN55301
SURETY (Name and Prin.cjpal Place of Business):
Inc. . Merchants BOndlng Company .
2100 Fleur 'Drive
Des Moines, IA 50321-1158
OVlNER (Name and Address):
City of Albertville
5975 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
CONSTRUCTION CONTRACT
Date: June 7, 2004
Amount: $1,572,033.13
Description (Name and Location):
2004 prairie Run, Albertville, MN
A-ALBEV 0409
BOND
Date (Not earlier than Construction Contract Date): June 17, 2004
.~ount: $1,572,033.13
Modifications to this Bond Form: None
CO~"TRAcrOR AS PRINCIPAL
Company: Denni~ ~ehn Gravel &
Exc tJ.ng, I c.
SURETY
(Corp. Seal) Company:.
Signature:
, ,Name and Ti
~~~orp.se~)
John C. Klein
Attorney-in-fact
C07\7RACTOR AS PRINCIPAL
Ccmpany:
SURETY
, (Corp. Seal) Company:
(Corp. Seal)
Signature:
N a:ne and Title:
, Signature:
. Name and Tide:
~JCDC No. 1910-28B (1984 Edition)
F':":F3..-=a tl'Jough the joint efforts of The Surely Association ofAmenc:l. Engjn~' Joint Contract Docum::nts Committee, The Assoc:i1ted GatenJ Contractors of
,.~::ica. :m::! thL~oic~ InstitUte of Architects. AmeriC:u1 SubcOIltrnctors Association. and tlle Associated SpeciJlty Contractors.
00613-1
.
~e Con~r and Ihc Sumy. jointly md sever.1l1y. bind themselves.
:irs. executon, admiJJistralOrs. SUc:cessOIS snd assigns to lbt Owner to
. labor. nuterials and equipment furnished for use in the performance
:oDStNction Contract. which is incorporated herein by referenc:e.
:ilb =pect to lbe Owner. this obligation sb3lJ be nun and void if the
:Ior.
.J Promptly makes payment, dmc:tJy or iDdirect)y. for all sums due
CWmants. and
,2 Defends. indemnifies ud holds harmless !he Owner from all
claims. demands, liens or suits by I1IY person or entity wbo
furnished Jabor. mlcrials or equipment for use in lhe peffonn.:mee
of the Consaucdon Contracl, p.nmded the Owner has promptly
notified the Contractor and the SUmy (3t the address dC3'Cribed in
Par.lgraph 12) of any claim. demands. liens or suits and tendered
defense of sudl claims, dc:m3nds.,lims or suits 10 the Contnlctor
and the Sumy. and pro"ided ~ is no Owner Default.
.Jith respc:ct to Claimants. um obligation Wl1 be null and void if the
::tor prompdy makes payment, directly or indirectly. for all sums due.
:he Surety shaD have no obligation to Oaimmts undcrlhis Bond unlil:
1 Oaim3nts wbo are employed by or ha'YC a met contract with the
Contractor have given notice to the Surety (at the address
dc:sen'bed in Paragraph 12) and seat a copy. or notice thereof. to
the Owner. stating that a claim is beiog m3dc under lhis Bond
and. with substanti3l accur.u:y, the 3JDovnt of the claim.
.2 Claimants who do not have a dircc:t connet with the Contractor:
1. Have famished written notice to the Comractor md set a
copy, or noticc thereof. to the Owner. within 90 days ~
having last perfonned bbor or bst f1Jmi~ed materials or
equipment included in Ihe claim staling. with substantial
lIecuracy. the amount of tile c1aiJl1and!he IW'Ile of the p3rty
to whom the msterials were furnished or supplied or for
whom lbe labor w~ done or perfonned; and
2. Have either received a rejection in whole or i~ put from tbe
Contractor, or not received within 30 days of furnishing the
above notice any communic3.riOD from Ill: Connelor by
whic:J) the Contractorllu indicated the: clzinl wiD be paid
directly or indin:clly. and
3. Not baYing been p~d within the above: 30 d3YS. havc sent a
....'linen notice to the Surety (at the addIeSs described in
Pangraph 1 Z) and sent a c:op)'. or 1I0tie; th~f, to the
, Owner. sesting th3t a clAim it being lIIade under tbis Bond
and cncJosing :l copy of the previous wrinen Dorice
furnished to the ContnClOr.
a notiec required by Paragrnpll 4 is given by .he Owner to the
tor or to the Surct).. lbat is sufficient compfWlce.
"hen the Claimant ha.s satisfied the conditions of Panlgraph 4. the
.ha.I1 promptly and at lJl: Surety's expense lake the following actions:
I Send an answer to \he Claimmt. with a copy to !he: Owner, within
45 days after receipt. of the claim. St2bng the 3mounts that are
undisputed and the basis for ch31le:nging any unounls that are
disputed.
.2 Payor lImlnge for payment of any displlted amounts.
e Surety's total obligation shaD not exceed the .unOl1rn of this Bond.
UDOt1nt of tbi$ Bond shall be credited for my payments made in good
the Surery. '
nounrs owed by \he Owner to the: Contnctor under the Construction
: sbal) be wed [or the pe:formance of the Construction COUtr3ct and
y cl.Ums. if any. under any Construction Performance Bond. By the
~or furnishing and the Owner accepting this Bond. mer sgr= thilt all
WNER'S REPRESENTA 11VE:
lon Elliott Heiulrickson IDe.
o. Box J717
. Cloud, MN 56302-1717
:0.229.4300
00613-2
r
, ,
, .
fonds earned by the COl1trSctor in the pcrfonnance of thc!\ Construction
Cannct arc dedicated to satisfy obligations oflhe Co.tractor an~,lhe Surety
under this Bond, subjcct to the Owru::r~ priority to use the fund.~.for the
completion oftheworL '. ",
9. The Surety shall not be liable 10 the Owner. Claimants Qrothers tol~
obligations of the ContDClOr that are unn:latt:d to the Construction Contrac:t. ..
lbc Owner slWJ Dot be liable forpay:ment of any costs or expenses of any
Claimant under this 80nd. and shall bave under this Bond no obligations tD
make payments to..give notices on beh3lf of, or othawise h:we obligations to
Caimants under this ,Bond. .
10. lbc Stuetyhereby waives noriee of any change., including changes of
time. to the Constnlcaon CODD'IlC1 or to rdatedsubcontraets. purcha.se crdc:rs
and othcroblig3tions. ,
n. No'smr. or action shall be conunencedby a Claimant under Oris Bond
other man in I cOlirt of competent jurisdiction in the location in which the
work or part of the work is located or ~r the Cll:piration of one year from tbc
date (1) on which \he C1ainunt gavc the notice required by Subparagraph 4.1
ar O;use 4.2 (jjO, or (2) on which the last laber or SCf\.iee was performed by
anyone or the last materials or cquipm=t were fumished'by anyone under the
CODStnSction Contnlct, VI'hichever of (1) or (2) first occurs. J! the pro\ision
. of this Pamgrapb are void or prohibited by law. the minimum period of
limitation available to sureties as a dc:fcmc in the jurisdic:tion of the: suit shall
be applicab~.
12. Norice to the Surety. the Owner or the Contractor shalJ be mailed or
de1iYCl'Od to the address shown on the sign:lt'\Jrc p3ge. Acru31 receipt of
notice by S\Jrety, the Owner or the Conlractor. however ac:compli&he:d, shall
be suffiQeDt compliance IS of the date received at the address ~~~ on the
signlllUR: page.
13. When this Bond h3S been furnished to comply with a SU!t'\Jlln)' or other
legal requirement in the location where the construc:tion was to be perlonned.
any provision in this Bond conflicting with said 5tstulory Of leg~
RqoiremenlS shall be deemed deleted hcrcircm and provisions confcnninS to
such stStutory or other legal requirement sb.1l1 bt deemcd iocorporattcl
hcn:in. The 'intent is. thSI this Bond shall be eonnruc:d IS a sta[Utory bond
and nor as :\ common Jaw bond.
14. Upon requcst by an)' person or entity sppearinS to be 9 potential
beneficiary of this Bond. the ContnlClor shall promptly furnish a ropy of Ibis
Bond or s.haJ] pennit a copy to be made,
15. DEFlNmONS
IS,1. Claimant: An individual or entity having a direct contract with
the Contractor or with :\ subconusetor of the Contractor to iurnish
labor, materillls or equipment for use in the pcnollIlance of !he
Contract. The intent of this Bond shall be to indude without
limitation in the temlS "13bor, materials or equipment" !hat pan of
water. gas. power. ljght, heal oil, gilSoline. tcIeplume service or
renul equipment used in the ConstrUc:tion Contrac:t, arc.hilectU~
md engineering services required fer performance of the work of
the Contt3ctor :md the ContraCtor's subconlr.letors. and all other
items forwhieh a mechanic's lien may be assened in the
jurisdiction where the labOf. tn3terillls or <:qui pmcnt \\-::l:
furnished.
15.2. Constnlction Contract: The ~grecment between tbe Owna and
the Contractor identified on the signature psge jneludinS all
Contnlet Documents and changes thereto.
15.3. Owner Default: Failure oC the Owner. which has neitha been
remedied nor waived, to pay the Contractor lIS required by the
Construction Contract or to perfonn and complete or romply ....ith
the olber terms thereof.
".
AGENT OR BROKER:
Name: Klein Agency, Inc.
Address:3570 N Lexington Ave.
Phone: {651) 484-6461
#206, St. Paul, MN
55126
INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT
. ....
STATE OF
COUNTY OF
On this
personally appeared
to me known to be the person
bond, and acknowledged that
act and deed.
day of
, before me
he
described in and who executed the forgoing
executed the same as free
Notary Public
CORPORATION ACKNOWLEDGMENT
STATE OF
COUNTY OF
On this 17th day of June , 2004 , before me
personally came Gary Fehn to me known,
who being by me duly sworn, did depose and say; that he is the Vice President
of Dennis Fehn Gravel & Excavating, Inc.
the corporation described in and which executed the above instrument; that he knows the seal
of said corporation; affixed by order of the Board of Directors of said corporation, and that he
signed his name thereto by like order.
~
RITA M. JANSEN
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31,2005
.""
~;J1 Y~4-
Notary Public
SURETY ACKNOWLEDGMENT
STATE OF MINNESOTA
COUNTY OF RAMSEY
On this 17th day of June , 2004 , before me
appeared John C. Klein to me personally known, who, being
duly sworn, did say that he is the Attorney-in-fact of Merchants Bonding Company
of Des Moines, IA
that the seal affixed to the foregoing instrument is the corporation seal of said corporation;
that the said instrument was signed and sealed on behalf of said corporation by authority of
its Board of Directors; and he did also acknowledge that he executed the said instrument as
the free act and deed of said Company. W. (l ,4_"" Notary Public
RITA M. JANSEN ~
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31,2005
l :
Merchants Bonding Company
(Mutual)
POWER O'F ATTORNEY Bond No.
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
John D. Klein, John C. Klein, Stephen M. Klein, Kristin M. Bakos
of St. Paul and State of Minnesota its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
FOUR MILLION ($4,OOO,OOO.OO)DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized offICers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fIXed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 1st day of January, 2003.
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MERCHANTS BONDING COMPANY (MUTUAL)
STATE OF IOWA
COUNTY OF POLK ss.
~~7~
President
On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the Cily of Des Moines, Iowa, the day and year first
above written.
...
~~
Notary Public, Polk County, Iowa
~ MARILYN BOYD
. :\ Commission Number 10012
0", My Commission Expires
November 4, 2004
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 17 day of June
,2004
MSC 0814 (2/03)
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KLEIN AGENCY. [/na.
[/nilJ.'tanaE. & !Bondi
3570 N. LEXINGTON AVE. - SUITE 206
ST. PAUL, MN 55126-8058
PHONE (651 ) 484-6461
FAX (651) 484-6861
September 8, 2004
Debbie Gilyard
Short Elliott Hendrickson Inc.
PO Box 1717
St. Cloud, MN 56302-1717
Re: SEH File No. A-ALBEV 0409 7
Bond No. MNC 7048
2004 Prairie Run, Albertville, MN
Dear Debbie:
As you requested, enclosed are three copies of a Rider to be attached to Dennis Fehn's
Performance and Payment Bonds.
Please feel free to contact me should you have any questions.
V. Z. . truly yours,
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Jo C. Klein
JCK/rmj
Enclosures
cc: Dennis Fehn Gravel & Excavating, Inc.
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MEMBER
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Merchants
Bonding
Company
HOME OFFICE
2100 FLEUR DRIVE
DES MOINES, IOWA 50321-1158
(515) 243-8171 .
FAX (515) 243-0344
AUSTIN OFFICE
P. O. BOX 26720.
AUSTIN, TEXAS 7~120
(512) 343-9033
FAX (512) 343-8363
RIDER
Attaching to and forming part of Bond No. MNC 7048
Issued to Ci ty of Albertville
Effective date of Rider June 17, 2004
IT IS AGREED THAT, in consideration of the original premium charged for
this bond, and any additional premium that may be properly chargeable as
a result of this rider.
1. The Surety hereby gives consent to increase the bond
FROM: $1,572,033.13
TO: $1,575,733.53
2. PROVIDED, however, that the bond shall be subject to all its
agreements, limitations, and cor.ditior~ except as herein expressly
modified, and that the liability of the Surety under the bond and
under the bond as changed by this rider shall not be cumulative.
Signed, sealed and dated this
8th
day of September ,20 ~
SUP 0017 (5/04)
KLEIN AGENCY, INC.
3570 N. Lexington Ave.
St. Paul, MN 55126
(651) 484-6461
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Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY Bond No.
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
John D. Klein, John C. Klein, Stephen M. Klein, Kristin M. Bakos
of St. Paul and State of Minnesota its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknOwledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
FOUR MILLION (S4tOOOtOOO.OO)DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking Was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the COmpany, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 1st day of January, 2003.
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MERCHANTS BONDING COMPANY (MUTUAL)
STATE OF IOWA
COUNTY OF POLK 55.
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President
On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written. '
@ MARILYN BOYD
. " Commission Number 10012
ow.. My Commission Expires
, November <t, 2004
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STATE.oF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is.a true and corr.ect copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In.Witness Whereof,lhave hereunto set my hand and affixed the seal oftlie Company on this 8th dayol SEp:E!Iber" A:04
MSC 0814 (2103)
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