HomeMy WebLinkAboutSP95 Site Plan
ADDITIONAL
MA TERIAL/PLANS
AVAILABLE IN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
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IN7'ERO~~ICEJYLENIO
To: Deb Garross, DRC Coordinator
From: Jeffrey T. Evens, Engineering Technician IV
Re: NBC products
Waterfront Passage Business Park (Site Plan Review)
Project 95-47
Date: October 5, 1995
We reviewed the preliminary utility, grading and erosion control plans with Roger
Anderson, the Engineer for this project on Thursday, September 28, 1995.
The following is a list of items that need to be addressed per the Engineering
department review of above mentioned project:
SITE & UTILITY PLAN
1, The Utility plan shall include items such as type of proposed pipe, valves at the
hydrants, type of hydrant, all bends, tees, etc. Specifications shall be submitted in
accordance with the City of Prior Lake Engineering standards.
2. All proposed utilities greater than 4" shall be shown in profile view with type, class,
length, and size of pipe labeled.
3. The parking area on the West side of the building has the storm water draining across
the lot into a 10' curb opening on the north side of the lot. Storm sewer would be
preferred to eliminate over land drainage. Underground storm sewer should be
considered.
4. The existing sidewalk will have to be removed for the construction of the driveways
into the site. Pedestrian ramps will be required and shall be shown on the plans.
5. The Easterly most entrance has a existing hydrant and valve located near it. It appear
that the proposed radius my be in conflict with the valve. The curb radius shall be
revised to insure the valve is not in the curb.
6. A bench mark indicating the elevation and location shall be shown on these plans. A
bar scale shall also be shown on these plans.
7. The PIV (post indicator valve) is not a requirement of the City of Prior Lake. The
owner may install one has he chooses.
t' ....
GRADING AND EROSION CONTROL PLAN
1. Per Ordinance 6-6-5(C), no storm water shall be traversed across adjoining properties.
A drainage swale shall be constructed centered on the South property line to provide
all drainage from this lot to be routed to avoid the adjacent lot to the South.
2. Per Zoning Ordinance 6.1 OH4, all areas to be lawn and landscaped shall have built-in
irrigation system. An irrigation plan shall be required at the time of obtaining the
building permit. This plan should be part of the Landscape plan.
On October 5,1995, John called Jim Smith ofEFH (phone number 890-6450) to
check on the status of the plan revisions. Jim said that the changes have been made
and new copies will be delivered to the City on October 6.
Reviewed by:
Eng neering Department DRe
cc: Gary Staber
Frank Boyles
October 2, 1995
Mr. Tim Smith, Construction Manager
EFH Co.
1601 East Highway 13
Burnsville, Minnesota 55337
Dear Tim;
This letter will follow up our conversation last week regarding the building permit for
NBC Products. As you know, I have signed off on the building permit for the Planning
Department. Before a Certificate of Occupancy can be issued for the building, the
following will need to be accomplished;
1. An as-built Certificate of Survey showing the site layout should be submitted
to the Building Department for their files;
2. A revised Landscape Plan (showing in particular the changes relative to the
truck entrance) submitted for Planning review and approval;
3. Tendering of security for the landscape and irrigation improvements equaling
125% of the cost of the improvements.
This letter is not intended to address any of the items which you may have been working
on with the Engineering Department. As of to day's date I will have submitted the
Administrative Land Division for filing at Scott County.
As always, should you have any question, feel free to call me.
very, t t~~ YO,urs,
/f/~
R. Michael Leek
Associate Planner
cc. Don Rye, Planning Director
Gary Staber, Building Official
Site Review File
NBCI002.DOC 1
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
EFH CO.
1601 EAST HIGHWAY 13
BURNSVILLE, MN 55337
(612) 890-6450
LETTER OF TRANSMITTAL
No. D0018
Project: NBC PRODUCTS, INC.
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE. S.E.
PRIOR LAKE, MN 55372-1714
September 25, 1995
Attn: MIKE LEEKE
RE: LANDSCAPE PLANS
X Attached
Separate Cover Via:
Shop Dwg
Letter
Prints Plans
Change Order
Samples
Other:
Specifications
Copies Date Item Number
Description
3
LANDSCAPE DRAWINGS NBC PRODUCTS
These above items are transmitted for your action as noted:
X For Approval
For Your Use
As Requested
Bids Due:
For Review And Comment
Approved As Submitted
Approved As Noted
Returned After Loan
Returned
Resubmit
Submit
Return
For Corrections
Copies For Approval
Copy For Distribution
Copies Corrected Print
Transmitted~EZFH CO
Signed: ~ L-
By: TIM SMIT -
Date: 9-..2S-l}S
Expedition (R)
Westwood Professional Services. Inc,
'"
14180 Trunk Hwy, 5
Eden Prairie, MN 55344
612.937.5150
MEMORANDUM
FAX 612-937-5822
TO:
R. Michael Leek, City of Prior Lake
FROM:
Greg Kopischke
DATE:
September 20, 1995
SUBJECT:
NBC Products, Inc.
As per your request, Westwood has reviewed the Landscape Plan for the proposed NBC Products, Inc.
site on Cottonwood Lane/Fish Point Road as prepared by Finn-Danials Architects dated August 8, 1995
and most recently revised September 14, 1995. The review consists of quantification and observations
regarding the proposed landscape plan relative to the proposed site plan, site conditions and ordinance
standards.
A. Tree Calculations
1. Required Trees
1215:t l.f. perimeter + 40 = 30.37 minimum required treeS
19,000:t sq. ft. + 1000 = 19 minimum required trees
The larger ofthe two numbers would apply, so 31 trees would be the minimum required.
2. Trees Provided
Deciduous Canopy
Coniferous
Ornamental/Half
Totals
Shmm
9
22
1
32
Equivalent Required Trees
9
22
!l.5.
31.5
Since ornamental trees can substitute for canopy trees at a 2 for I ratio, the plan shows a total of
31.5 equivalent trees. This meets the minimum number required.
3. Plant Sizes
The proposed tree sizes are consisttmt witp. the minimum required standards. Ornamental trees
are I 3/4" diameter, coniferous trees are 6 t08 feet high and deciduous canopy trees are 2 1/2"
diameter.
The ordinance requires that a minimum 10% of the minimum required trees be of a larger size (3
1/2" dia. for deciduous canopy and 8 feet high for coniferous). This has been provided since 13
coniferous trees (42% of minimum required) are 8 feet high.
Westwood Professional Services, Inc. is an equal opportunity emplover.
R. Michael Leek - City of Prior Lake
September 20, 1995
Page 2
4. Tree Mix
The ordinance requires that a minimum 25% of the minimum required trees be either coniferous
or deciduous. This has been satisfied since 30% of the minimum required trees are deciduous.
5. Existing Trees
None are shown on the plan nor exist on site.
6. Plant Species
All plant material used is hardy for this region though the use of Purple Leaf Sandcherry in this
situation likely will result in frequent die-back. A substitution would be appropriate.
B. Parking Lot Planting
1. The internal parking lot green space is sufficient to meet ordinance standards. The area involved
is about 9,000:i: sq. ft. The calculation therefore is: (9,000:i: sq. ft. - 6,000 sq. ft. ) x 5% = 150 sq.
ft. required green space. The plan shows a total of about 590:i: sq. ft. at the ends ofthe parking
bays and at the building entry,
2. The shrub and tree plantings adjacent to the public streets will provide some screening of the
dock parking area. Added shrub plantings will help screening in these areas.
3. A minor concern would be a clear view triangle at the two dock entrance drives that may become
screened as the spruce along Cottonwood Lane mature to full size. This is also a concern for the
spruce at the intersection of Cottonwood Lane and Fish Point Road. A minor location adjustment
would be appropriate.
C. Grounds and Lawn
1. The plan notes all areas to be sodded or seeded. A sodded strip is required between paved and
seeded areas, and should be noted in the dock area.
2. A seed mix and installation technique is noted on the plans.
3. The plan does not note use of an irrigation system.
D. General Comments
1. The entry planting area along Fish Point Road provides some interest. Additional shrub plantings
around the monument and at the three entry drives would nicely supplement tree plantings for
added interest, buffering and screening.
2. Earth berming is not shown on any plans. It should be shown if it is intended to provide
screening or supplement/complement proposed plantings, especially adjacent to the parking and
dock areas.
R. Michael Leek - City of Prior Lake
September 20, 1995
Page 3
3. Additional plant specie diversity should be considered for some of the additional shrub and tree
plantings required. Use of Colorado Green Spruce or Black Hills spruce substituted for some
Blue Spruce would provide variety, added interest and save some cost for plant material. A few
Lindens, Oaks, etc. substituted for the Maples would also provide added interest.
4. Shrub and tree spacing is generous, Typical shrub spacing for species used is 4-6 feet where 6-9
feet is used on the plan. The spruce spacing in the dock area will need to be closer to provide
effective screening from the street.
5. Suggest substituting landscape fabric for poly in planting beds.
6. The use of daylily is a nice touch though more throughout the site in key areas as accents would
be nice. Its hardy, relatively inexpensive and provides a nice contrast and alternative to shrubs.
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September 18, 1995
Attention: Greg Kopischke
Westwood Professional Services, Inc.
14180 Trunk Highway No.5
Eden Prairie, Minnesota 55344
Dear Greg;
Accompanying this letter is a landscape plan for your review. It is for an approximately
19,000 square foot building proposed to be constructed in the City of Prior Lake's
Business Park. This is an unusual situation, in that the project was originally to be built
in Burnsville, but the Burnsville site was abandoned after extremely bad soils were
discovered. The client company, NBC, needs to be in its new building by November of
this year, so the City has been working with them to "fast track" the site review,
administrative land division and building permit process. I would appreciate it if you
could mail or fax me your comments as soon as possible, and in any event by Thursday
of this week.
Thanks for your assistance.
Very truly yours,
// ~.'
/}' ~~~/~
R. Michael Leek
Associate Planner
16200 Eagle Creek Ave, S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
09/11/95 13: 59
COMMENTS:
EFH CO. ~ 612 447 4245
NO.176 P001/002
EFH CO,
General Contraclor
1801 EAST HIGHWAV '3
BURNSVILLE. MINNESOTA 55337
(&12) 890-6450
FAX' (012) 890-5476
,
FACSIMILE TRANSMISSION
TOTAL PAGES
WITH COVER
IF THERE ARE ANY PAGES MISSING OR
LEGIBILITY PROBLEMS WITH THIS
TRANSMZSSION, PLEASE CALL OUR OFFICE
AT 612-890-6450.
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09/11/95 13:59
EFH CO. ~ 612 447 4245
NO.176 P002/002
SEP-l1-139S 14:36
61254668:37
~GQN, FIELD & NOWRK
6125466637 P.~2/02
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PROPOSED PARCEL DESCRIPTION
FOR
EFH COMPANY
September 11. 1995
That part of Lot'. Block 2, WATERFRONT PASSAGE ADDITION, according
to the recorded plat thereof f Scott County. Minnesota lying northwesterly of
the following described line:
Commencing at the most eastel'ly corner of said Lot 1; thence North
62 degrees 51 minutes 58 seconds West along the northerlv line of
said Lot 1 a distance of 131,41 feet: thence northwesterly continuing
along ~aid northerly line a distance of 79.85 feet on a tangential
curve concave to the northeast having a radius of 533-00 feet and .a
c8ntral angle of 8 degrees 37 minutes 54 sQconds; thence North 54
degrees 14 minutes 04 seconds West continuing along said northerly
line and tangent to said curve a distance of 593.15 feet to the point
of beginning of the line to be described; thence South 61 degrees 45
minutes 56 seconds West a distance of 106.00 feet; thence South 33
degrees 45 minutes 56 seconds West 8 distance of 63.54 feet;
thence North 87 degrees 51 minutes 25 seconds West a distance of
337.87 feet to the westerly line of said Lot 1 and there terminating.
TOTAL P.02
September 8, 1995
To
Post-if" Fax Note 7671
Co.
Phone #
Mr. Tim Smith
EFH Co.
Fax #
Fax #
Re: NBC Products, Inc.
Dear Mr. Smith:
In light ofthe tight time1ines which must be met for the project to come together, I am
sending this letter to clarify what additional information will be required from the
Planning Department perspective in order to keep the project on track. Specifically, this
letter will address the following;
1. The survey and Administrative Land Division;
2. Security for the plan review;,
3. Timing of the issuance of the building permit;
4. Landscape requirements.
First, receipt of the survey for the Administrative Land Division is critical to timing. As
you know from our conversation yesterday, there is a ten (10) day review and comment
period for Administrative Land Divisions. The Division can not be approved until that
period has passed. Because there is no legal parcel to issue the building permit to until
the Division is approved. Granting of the necessary permits is thus dependent on when
we receive the survey.
Second, while the Building Department has begun plan review, the City will require the
payment of a $1,876.00 plan review fee and a $300.00 landscape plan review fee as soon
as possible.
Third, in our conversation you referenced September 18th as a target date for issuance of
the building permit. The City's Building Official will be out ofthe office all of next
week. Because of that, the timing of the Administrative Land Division, and the size of
the project. That target date may be a bit ambitious by about a week. We will, of course,
do all that we can to expedite the review.
Finally, a landscape plan will need to be prepared for the site prior to issuance of the
building permit per Section 6.10 of the Prior Lake Zoning Ordinance. A copy ofthat
16200 E>g~Y~~~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
section is attached for your specific reference. In my review to date, I have identified the
following items which will have to be included;
. Based on an estimated 1,216 feet of perimeter, and a ratio of 1 tree:40 feet, 30
trees will be required on the plan. At least 25% of these trees must be
coniferous trees 6 feet or greater in height; at least 25% must be deciduous at
least 2.5 inches measured at 2 inches above ground.
. The landscape plan should provide detail related to plantings at the driveway
entrances, around the parking and paved areas, at the building entrance, as
well as method of sodding and/or seeding.
. An irrigation plan for the landscape areas.
A letter of credit for the landscape and irrigation system costs are required at the time of
issuance of the certificate of occupancy.
Let me know if you have questions regarding any part of this letter or the City's review
process. I look forward to continuing to work with you toward the successful completion
of this project.
~
R. Michael Leek
Associate Planner
cc. Donald R. Rye, Planning Director
Gary Staber, Building Official
Frank Boyles, City Manager
Document2
2
August 19, 1996
Tim Smith, Construction Manager
EFH Company
1601 East Highway 13
Burnsville, MN 55337
RE: NBC Products Building at 16873 Fish Point Road
Dear Mr. Smith:
On August 16, 1996, I inspected the property at the above address. The landscaping
and irrigation system appear to have been installed according to the approved plans.
As you know, the City of Prior Lake Zoning Ordinance, Section 6.10 (J) requires that all
landscaping and irrigation systems be guaranteed by the developer for one year
following acceptance of the project by the City. The letter of credit (in your case, a
performance bond) will be held by the City for that year. In this case, the official
acceptance of your project occurred on August 16, 1996. The release date for the
performance bond is August 16, 1997.
Thank you for your help in this matter. If you have any questions, please contact me at
447-4230.
Sincerely,
/n/~ Q > <f{cuv~
"lane A. Kansier, AICP
Planning Coordinator
16200 J:!1g~CCreek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Jane Kansier
From:
To:
Cc:
Subject:
Date:
Jane Kansier
Jay Scherer
Don Rye; Gary Staber
NBC Products Building at 16873 Fish Point Road
Monday, August 19, 1996 10:27AM
I inspected this property on Friday, August 9, 1996. It appears that all of the landscaping and irrigation is
in place, according to the approved plans.
Please let me know if you have any questions.
Page 1
Jane Kansier
From:
To:
Subject:
Date:
Jane Kansier
Jay Scherer
NBC Products Building
Monday, August 19,1996 10:50AM
Jay:
Please disregard the inspection date in the earlier memo I sent to you. The actual inspection date was
August 16, 1996. The rest of the infomration is correct.
Please let me know if you have questions.
Thanks, Jane.
Page 1
UNITED FIRE & CASUALTY COMPANY D UNITED LIFE INSURANCE COMPANY
118 Second Avenue, S.E., PO Box 73909 Cedar Rapids, Iowa 52407
GENERAL FORM STATUS INQUIRY
CITY OF PRIOR LAKE
4629 DAKOTA ST SE
PRIOR LAKE MN 55372
NOVEMBER 17,
Bond No.:
Eff Date:
Contract Price $
Amt of Bond{s) $
1996
54080598
1996
23,750.00
23,750.00
Contractor: E F H CO
Address: 1 6 OlE A S T H W Y 1 3 BUR N S V ILL E M N 5 5 3 3 7
Contract Description:
LANDSCAPING AT NBC PRODUCTS INC
Owner: CITY OF PRIOR LAKE
Without prejudicing our right or effecting our liability under our bondls) described above, we
would appreciate such of the following information as is now available.
BOND DEPARTMENT
1. ORIGINAL CONTRACT PRICE:-tLL CLfj(). c.t.t ~
2. NUMBER OF CHANGE ORDERS ISSUED TO DATE: ,--V L t16bcN d
3. TOTAL VALUE OF CHANGE ORDERS ISSUED TO DATE: AJ!,'t-
t
4. CURRENT CONTRACT PRICE:
5. AMOUNT PAID TO DATE:
6. APPROXIMATE PERCENTAGF: OF COMPLETION:
7. SCHEDULED COMPLETION DATE:
Au~u~t \101 l'1qi-
8. NUMBER OF CLAIMS AGAINST THE CONTRACTOR TO DATE:
9. TOTAL VALUE OF CLAIMS TO DATE:
10. REMARKS:
~p 1 J (1 tlttcAN~
QIW.1
Date
Owner
It is understood that the information contained herein is
furnished as a matter of courtesy for the confidential use
of the suretY and is merely an expression of opinion. It
is also agreed that in furnishing this information. no
guaranty or warrantY of accuracy or correctness is made
and no responsibilitY is assumed as a result of reliance by
the suretY. whether such information is furnished by the
owner or by an architect or engineer as the agent of the
owner.
B/
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r (If)( ut0J yn fJ ~5 3 rd--
Title
Address
The language of this form is acceptable to The SuretY Association of America
PH: 319-399-5700
FAX: 319-399-5425
PH: 800-343-9130
c; ~ ~ ~b
THE AMERICAN INSTITUTE OF ARCHITECTS
/1-2"1--'17
I
BOND NO. 54-80598
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR IName and Address):
EFH co.
1601 EAST HIGHWAY 13
BURNSVILLE, MN 55337
SURETY (Name and Principal Place of Business):
UNITED FIRE & CASUALTY COMPANY
P.O. BOX 73909
CEDAR RAPIDS, IA 52407
OWNER (Name and Address):
CITY OF PRIOR LAKE
4629 DAKOTA STREET SE
PRIOR LAKE, MN 55372
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location): LANDSCAPING AT NBC PRODUCTS, INC., 16873 FISHPOINT ROAD SE,
PRIOR LAKE, MN 55372
BOND
Date (Not earlier than Construction Contract Date): JANUARY 24, 1996
Amount: TWENTY THREE THOUSAND SEVEN HUNDRED FIFTY AND 00/100
Modifications to this Bond: fi None
($23,750.00)
o See Page 3
CONTRACTOR AS PRINCIPAL
Company:
EFH CO.
(Corporate Seal)
SURETY
Company: (Corporate Seal)
UNITED F~UALTY COMPANY
Signature: ~ . ~~
Name and Title: DAVID E. SELL
ATTORNEY-IN-FACT
(Any additional signatures appear on page 3)
(FOR' INFORMA nON ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
l.l~ERICb.N AGENCY, INC. other party):
5851 CEDAR LAKE ROAD
MINNEAPOLIS, MN 55416
(612) 545-1230
A312-1984 1
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEII,IBER 19M ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Deiault and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
. its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
. may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA ..~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312~1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner orthe Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
tractor 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, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contra<;tor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Sigr:ature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA ,~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 3
lNDIVIDUAL OR P ARTNERSBlP ACKNO\VLEDGlVIENT
STATE OF
COUNTY OF
Onilie ~yof
a Notary Public within and for said county, personally appeared,
,19
, before me ,
to me known to be ilie person(s) described in and who executed ilie foregoing instrument, as Principal(s), and acknowledged to me that
_he executed ilie same as h free act and deed.
Notary Public,
(Notarial Seal)
CORPORATE ACKNOWLEDGMENT
o
STATEOF '(~..::'"
COUN1Y OF ~,
On ilie 24TH ~y of JANUARY , 19--96 ~ lx:fore llie
I personally appeared ~ ~ ~ ~~ -
I to me known, who being b~ me duly sworn, did depose and say: iliat he resides in~ ~ ~ Il ~\ V'n j()
thatheisilie ?~ ofilie EFH co.
ilie corporation described in and which executed ilie foregoing instrument; that he knows ilie seal of said corporation; that ilie seal affi.xed
to said instrument is such corporate seal; iliat it was so affixed by order of ilie board of directors of said corporation; and iliat he signed his
name thereto by like order.
. AAMO~ !tC~I~~A
--"'ooTT COUNTY
... CQm.411IIDft Ix.,.,..
JanUIfY 11. 2000
(Nota...rial Seal)
NOtaryPubliC:$:~ ~~ ~ :'1y~", ~
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF
MINNESOTA
COUNTY OF RAMSEY
On this 24 TH ~y of JANUARY , 19 96 , before me
appeared DAVID E. SELL
to me personally known; who being by me duly sworn, did say that he is ilie aforesaid officer or attorney in fact of the.
UNITED FIRE & CASUALTY COMPANY a corporation; that the seal affixed to the
foregoing instrument is ilie corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation
by the aforesaid officer, by auiliority of its board of directors; and ilie aforesaid officer acknowledged said instrument to be the free act and
deed of said'corporation.
I~U'-~~~~~~~E~~.~.:~\
MY COMMISSION EXPIRES
JANUARY 31, 2000 . \ / /7 ~ j - .
~ Notary Public, ~~ t/17. u U/~
(Notarial Seal)
, > .
\I
UNITED FIRE & CASUAL TV COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COpy OF POWER OF A TIORNEY
(Original on file at Home Office of Company - See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing
under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and
appoint EARL L. CLEMANTS, OR TERRY STARKS, OR DAVID E. SELL, OR OTTO T. BANG,
OR CATHERINE M. ROSCH, OR ROBERT E. CLEMANTS, OR MELISSA M. NORDIN,
ALL INDIVIDUALLY
of PO BOX 16527 M I NNEAPOL I S MN 55416
its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all
lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BON D S
and to bind UNITED FIRE & CASUALTY COMPANY therebY as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are herebY ratified and confirmed.
The Authority herebY granted shall expire NO V E M B E R 22 n d 1997 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By-Law dulY adopted by the
Board of Directors of the Company on April 18. 1973.
"Article V - Surety Bonds and Undertakings. II
Section 2, Appointment of Attorney-In-Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time, appoint
by written certificates attorneys-In-fact to act In behalf of the Company in the execution of policies of Insurance, bonds, undertakings and other
obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any
powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the
Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force
and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have
full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President
or any Vice PresIdent, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any attorney-in-fact.
IN WITNESS WHEREOF, the UNITED FIRE
to be signed by its vice president
22nd day of NOVEMBER
& CASUALTY COMPANY has caused these presents
and its corporate seal to be hereto affixed this
,A.D. 1 9 9 5
UNITED FIRE & CASUALTY COMPANY
By M
State of Iowa, County of Linn, ss:
On this 22nd day of NOVEMBER 1995, before me personallY came MAYNARD L. HANSEN
to me known, who being by me duly sworn. did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a
Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above
instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporated seal; that/
it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed hi~ nar, there~
pursuant to like authority, and acknowledges same to be the act and deed of said corpor on. ~
1(':(\ Jl7,T'-; <\. DAVIS
I" {. "." '" .. -'y .'"CO' 'N ~'RES
i ' ~..' ,., tv, ( \ ,~.!\,_,-"":\;'._,,J...I \,..J\ I.
L;;";;_l.~1---- -:::.
My
9
,1997
CERTIFICATION
I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing
copy of the Power of Attorney and affidavit, and the COpy of the Section of the By-Laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is
now in full force and effect.
In testimony whereof I have hereunto subcribed my name and affixed the corporate seal of the said
Company this 24TH day of
~I""",
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JANUARY
19 96
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liND 3269b Revised 11-95
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