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Home My WebLink About4.k. Approve Final Pay Estimate, Hawkins Pond, City Project #176CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: September 3, 1991 AGENDA ITEM: Approve Final Pay Estimate, AGENDA SECTION: Hawkins Pond, Project #176 Consent Agenda PREPARED BY: Ron Wasmund A5�Alo AGENDAi �A �IMi # 4K Public Works Director/Building Official ATTACHMENTS: Pay Estimate AP .OVZD BY Z/ r v This item consists of authorization for the final payment for Hawkins Pond, City Project #176 in the amount of $11,630.98 to Enebak Construction. We have received the Minnesota Department of Revenue IC -134 from the Contractor and Sub -Contractors. We have also received the Consent of Surety and Lien Waivers. These items were received in January, 1990 when payment was made for 95% of the contract amount. All work has been completed, inspected and found to be in compliance with the contract documents. A one year warranty period will begin upon contractor's receipt of final payment. This payment amount represents a 5% retainage which was being held to assure the City that the Contractor would complete the warranty items identified in a punch list prepared in 1990. The Contractor performed the punch list items very late in the fall of 1990, however, the grading work performed along the embankment on the north and west sides eroded during spring thaw in Spring of 1991. During the last weeks of July, 1991 the Contractor repaired the eroded banks and reseeded the slopes. The vegetation is now growing and should control erosion. This work has all been performed under the original contract. There have been no change order provisions made to allow an increase in contract price. Authorization for payment will close this contract. Staff recommends making final payment at this time. RECOMMENDED ACTION: MOTION TO APPROVE FINAL PAYMENT TO ENEBAK CONSTRUCTION IN THE AMOUNT OF $11,630.98 FOR HAWKINS POND, PROJECT #176. COUNCIL ACTION: 1 CITY OF ROSE4OUNT APPLICATION FOR PAYMENT NO. r1- FINAL - CITY INks-- CITY PROJECT NO: __ 1'7 6 J 1 $ ( SEH FILE NO: 050;k6/05137 PROJECT: -ji,4yggtu5 PON D % -5ac.770A1 30 SAN IT*9-Y SEW E—X CONTRACTOR: 9WF-&+K (-01V5MVC470AJ CONTRACT DATE: 1/13/'546 P0. SOX 4-5$ APPLICATION DATE: r7,l-,, l Q I &P-TNFIFL-1), MN 57;705-7 FOR PERIOD ENDING: 7`31197 Total Contract Amount $ ;Z02,1155.56 Total Amount Earned Material Suitably Stored on Site, Not Incorporated into Work Contract Change Order No. Percent Complete /00A Contract Change Order No.02 Percent Complete 1001 Contract Change Order No. Percent Complete GROSS AMOUNT DUE ..................... LESS D % RETAINAGE ...... AMOUNT DUE TO DATE ................... LESS PREVIOUS APPLICATIONS ........... AMOUNT DUE THIS APPLICATION .......... APPROVED: Ron Wasmund, Director of Public Works S 232,6t4.S4 $2.3A 1 61R.94 $aao, gsa.s6 $ 16 630.98 • APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) NO. 7 - Final ROSEMOUNT, MINNESOTA OWNER'S YACTaECT NO. 176 & 181 ---------------------------------- ENGIMEER'S PROJECT NO. 88026/88137 ---------------- ON: HAWKINS POND & SECTION 30 ------------------------------- :CTOR ENEBAK CONSTRUCTION CONTRACT -DATE 9/13/8a P.O. BOX 458 CONTRACT AMOUNT $202,785.56 NORTHFIELD, MN 55057 FOJR HAWKINS POND, DRAINAGE IMP. & SECTION -30, SANITARY SEWER EXTENSION --------------------------------------------------------------------- :.DATE 7/31/91 END. 7/31/91 APPLICATION FOR PAYMENT 7 - CONTRACT QUANTITY UNIT 3CRIPTION UNIT QUANTITY TO DATE PRICE TOTAL --------------------------------------------------------------------------- 7LE A - HAWKINS POND DRAINAGE IMPROVEMENTS ------------------------------- i02 CLEARING TREE 200 204 20.00 $ 4.080.00 507 GRUBBING 301 COMMON EXCAVATION TREE C.Y. ill COMMON CHANNEL EXC. C.Y. M SALVAGED TOPSOIL C.Y. i01 AGG. SURFACING, CLASS 2 TON 200 166 120000 136,808. 1000 1,050 8000 14,175 500 670.68 '21 44" SPAN RC PIPE ARCH 80 CULVERT, CL. IV L.F. 112 OF 4 SIIORT-ELLIOTT-IIENDRICKSON, INC. 20.00 $ 3,320.00 0.72 $ 98, 501.76 0.72 $ 756.00 0.72 $ 10, 206.00 8.00 $ 5,365.44 95.00 $ 7,600.00 2 0F 4 SHORT-ELLIOTT-HENDRICKSON, INC. 01.525 44" SPAN R.�. PIPE - ARCH APRON EACH 4- 4 _ 950.00 $3,800.00 03.511 42" RC PIPE SEWER, CL. III L.F. 32 32 90.00 $_ 2,880.00 03.512 42" RC PIPE APRON EACH 1 1 950.00 $ 950.00 33.571 INSTALL 42" RC PIPE SEWER L.F. 40 _ 40 25.00 S 1,000.00 36.611 RECONSTRUCT MANHOLE L.F. 20 13.6 60.00 $ 816.00 11.507 GROUT9D RIP RAP C.Y. 100 228.2 45.00 $10,269.00 11.511 GRANULAR FILTER C.Y. 50 . 114_1 30.00 $ 3,423.00 75.501 SEEDING ACRE 20 y; _ S 99.00 S -1,514-50 75.502 SEED, MIXTURE 3 LB. 800 ?i16A L 1.20 $„?,412.113_ 75.505 SODDING S.Y. 3000' 4843 1.26 $ 6,102.18 75.511 MULCH MATERIAL, TYPE 1 TON 40 f;jf_ 1 B 119.00 S 212280, §2� 75.519 DISC ANCHORING ACRE 20 29.00 $ 1.029...-`o fEDULE B - SECTION 30 SANITARY SEWER EXTENSION 36.408 8" PVC, 10'-12' DEEP L.F. _640 -964 3-0.00 $ g _r,4n _nn 56.408 8" PVC, 12'-14' DEEP L.F. 309 -257 10.00 S 2,570.00 36.408 8" PVC, 14'-16' DEEP L.F. 400 122 11.00 S 1,342.00 36.408 8" PVC, 16'-18' DEEP L.F. 97 170 12.00 $ 2,040.00 36.408 8" PVC, 18'-20' DEEP L.F. 70 50 13.00 S 650.00 36.701 STANDARD MH, 8' DEEP EACH 8 8 750.00 $ 6,000.00 ;6.702 EXCESS DEPTH STD MH L.F. 50 47-5 60.00 $ 2,850.00 36.801 8" X 4" PVC WYE EACH 14 9 50.00 $ 450.00 36.900 CONNECT TO EJC. SEWER EACH 1 1 200.00 $ 200.00 6.901 CUT INTO EX. WET WELL EACH 1 1 500.00 $ 500.00 8.501 AGG. SURFACING, CLASS 2 TON • 25 25 10.00 $ 250.00 5.501 SEEDING ACRE 2 2 99.00 $ 198.00 5.502 SEED, MIXTURE 3 LB. 80--80 1.20 $ 96.00 2 0F 4 SHORT-ELLIOTT-HENDRICKSON, INC. AF ICATION FOR PAYMENT - Continued tal Contract Amount $ 202,7.45.56 Total Amount Earned aerial Suitably Stored on Site, Not Incoporated into Work tract Change Order No. 1 tract Change Order No. 1 itract Change Order No. Percent.Complete 100 $ 200,685.98 $ 24,938.98 Percent Complete 100 $ 6,994.58 Percent Complete $ GROSS AMOUNT DUE ..:............ $ 232,619.54 LESS 0 % RETAINAGE......... $ AMOUNT DUE TO DATE........ . $ 232, 619.54 LESS PREVIOUS APPLICATIONS..... $ 220, 988.56 AMOUNT DUE THIS APPLICATION.... $ 11.630.98 TRACTOR'S AFFIDAVIT undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress. vents received from the Owner on account of work performed under the contract referred to ve have been applied by the undersigned to discharge in full all obligations of the under- ned incurred in connection with work covered by prior Applications for Payment under said tract, and'(2) all _rial and equipment incorporated in said Project or otherwise listed in or covered by this lication for Payment are free and clear of all liens, claims, security interests and ambrances. ad �� 19 Eriebak Constructi \ Contractor 112 J, Name and Title CITY OF SS TE OF ore me on this day of _ _40 19 `L per appeared nown to me, who being u y sworn, did depose say that he is the .. of the Contractor above mentioned; ffice t he executed the above Application for Payment and Affidavit on behalf of said Contractor; that all of the statements contained therein are true, correct and complete. :.omni ss i on Exp i e&* DOROTHY BURKETT NQTARY PUBLIC-MfNNESOTb Notary Public) 1.' a� 01 � �4 �' itiCE COUNTY Its' 6.2.97 p,1y commission exDi undersigned ha Application for Payment shown above. Apart of Application is the Contractor's Affidavit stating that all previous payments to him 3r this Contract have been applied by him to discharge in full all of his obligations in lection with the work covered by all prior Applications for Payment. accordance with the Contract, the undersigned approves payment to the Contractor of the int Due. '- 7/3 1...111 4 of 4 W.S. BOOTH 937M—Recelpt and Waiver of Mechanics' Lien. RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS (Approved by Minneapolis Real Estate Board) N. B.—It is important that the following directions be clusely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in co-partnerahips. 2. It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN. 3. it payment is not in full to date, so state SHOW UNPAID BALANCE. and strike out last three lines. t. A receipt similar to this or legal waiver of lien rights will be required for all plumbing. heating and plasler- Ingg materials. etc. 6. NO ERASURES OR ALTERATIONS MUST BE MADE. January 229 1990.......... .. ............................. . (Date) The undersigned acknowledges having received payment of ......`.j'.Wenty�ne _Thousand..Seyen....Iundred, dQUAK4...4:ltd.....0—ents.............................................................DOLLvIRS, (1-21-4-72-0*28 ...... "._ (Amount Paid) From.-Enaba.k... Constr aiion..............................................................................................................................in full payment of (Name of Payor) all ...... odding....t....Seeding....Mu] thing..&..Fertilizer............................................................................................................... (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) ...... Iicasem(aunt... =..Hawkins... Pond ............... .................................................................................................................................................................................................................................. . (Street Address or Legal Description) and for value received hereby waives all rldhts which, may have been acquired ki the Itndersisned to file mechanic's lien, against said premises for labor, skill or material furnished to said premises prior to the date hereof. PLUMBING. BEATING and PLASTERING contractors must sign statement on reverse hereof. El Mac Lands.......capingt.._Inc.. ............................................. Tom Elwell n.. ............................................ Ya. ea'xe.. d e ..................... (Title) Address ..........1.374:5 ... 1-,QXiPgton Ave. N.1% Ham Lake, MN. 554 ....................... No. i031 (Stew. 1%2) Miller -Davis Co., attaMgpotit .RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS N. D. It is Important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. I. This is a LEGAL INSTRUM h:N'1' and must be executed accordingly by officers of corpora- tions and by partners of copartnerships. 2. It is ituportant that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state. SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal ~,waiver of lien rights will be required for all plumbing, heating and plastering material, etc. S. NO ERASURES OR ALTERATIONS MUST BE MADE. .!j,Y... 3p . .. .... .... .......... .. .. ......, tDATE) The itrlder•atgned acicnowiedfes hating received payment of... ... ....... .... ........ .... ....... ...................... ............. ..................... ».». 'lhouonntl one hunrod Ninette.n... tirxi..89/IUU....... . . ....... DOL.URS (Amount INW) from........... lnebk l:On8t2' Co.1nc...................................................................in full payment of .................................................. (Nome of rare►) altlitaa.... . Work .............................................................................. ............_....................................................................... (t(Ind ot.Motortisl oc �L*bei)......... ......... by the u:rtdersigrrcd delivered o)furnialtod to (or perforrrtcd aL)iic Wk ns„ I?em... Iio ettlouzl...� IRd .... ................................................................................................................. . (Street Address or !.oral Deactirtion) acid for• value rercircd here -by taa.ives all ritsh.ts it.-hich mall have bort. aoltiired by the underetgn.ed to fila mechanics' litsrls against said peerntseR fnr labor, skill or material furnished to said premises prior to the date hereof. PLUMBING, HEATING and PLASTERING contractors must sigma n statement on reverse hereof 1 lend B ....',C.>onst..ru.ctin Co Inc. ... .....................».. Alvin R Ouenther Treasurer »........ iiiiP.O. Pox 338;Alectdrn�I-I56308 .R dd ress.............................................................................. ....................... 134 , WtAIlROON Minnesota Department of Revenue ,v. Ve.,t Affidavit for Obtaining Final Settlement of Contract with the State of DE C 07 Minnesota and any of its Political or Governmental Subdivisions ame of contractor Minnesota identification number (if none, read instructions) Enebak Construction Company usrness address 7326262 P.O. Box 458 Area code and telephone number .1ty, town or post office State Zip code Northfield MN 55n57 ( 507 ) 645-8962 neck the box which describes your involvement in this project (read definitions on other side) ❑ Prime contractor ❑ Contractor ❑ Subcontractor •roject location Hawkins Pond Drainage Imp. Project or contract number 176 & 181 Period of contract tMonthlYear) From 10/88 To 9/89 Jame of Minnesota governmental unit for which work was performed Total amount of contract Amount still due City of Rosemount $232,619.54 $191053.96 +ddress of Minnesota governmental unit City, town or post office Zip rode 2875 145th Street Hest Rosemount. ;id you pay or supervise the payment of persons employed on this contract? :E2 Yes ❑ No yes, did you withhold Minnesota income tax from the wages f each employee as required by Minnesota Statute 290.92? :E Yes ❑ No lave you filed all required withholding returns and deposited Minnesota tax withheld with ne Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? -,E2 Yes )o you authorize the Department to inform the prime contractor ,Pon it's request whether your form IC -134 has been certified? ® Yes ❑ No you are a subcontractor, list your prime contractor's business name and address. ❑ No ;ame: ` you are a contractor or subcontractor, skip the next section of this form and sign below. you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list your ubcontractors, attach a separate sheet. Also you must attach certified affidavits of your subcontractors and sign below. Jame and address E1 Mac Landscaping, Inc. 13745 Lexington Avenue N.E. Ham Lake, MN 55304 Name and address Jame and address Name and address Nodland Construction Company P.O. Box 338 Alexandria, iIN 56308 dame and address Name and address I I declare under the penalties of criminal ,iq_ n c Your ;;gnature er_ ity for willfully making a false statement, that the above statements are true and correct to the best of my Secretary -Treasurer ate Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 12/1/8 eased on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above ,:n ractor. subcontractor has property complied with all of the provisions of Minnesota Statute 290.92 relating to the withholding income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of nnota or an of its governmental or political subdivisions. ON /1 a.a i!u'C Of nt-P- 7-ont of Rr1r11110 -.. DEC 0 7 190 Date K:•t3ar70 Or _►' Mun,usutd DuNannwnt ut Huvurtue , (Rev. 71851 ' T" �' i Qt SIflrSS 'i C SS: Tax Affidavit for Obtaining Final Settlement of Contract with the State of Node� Minnesota and any of its Political or Governmenta! Subdivisions DEC 0 7 1989 ' l Name of contractor i rMmnn,ota ,dentd,c.rtwn numfwr E1 Mae Landscaping,_ ...._._-- fit noire, ruad urst,uctrunt.) Inc. Business address aj -- 9533052 13745 Lexington Ave. N.E. '�� Area code and telephone number city, town or post officeState Zip caou--�1 E= Lake, MN 77 Minnesota N0 55304 ( 612 ) 784-1941 Check the box which describes your involvement in this project (read definitions on other side) ❑ Prime contractor ❑ Contractor ❑ Subcontractor Project location Protect or contract mint) r Per of contract WonthtYedi ) Hawkins Pond Drainage Improvements,Rosemount,MN I #5588 From 5%89 To 6/89 Name of Minnesota governmental unit for which work was performed Total amount of contract I Amount still due City of Rosemount ( $12,712-.00 S6 4,480.06 Address of Minnesota governmental unit City, town or post uthc:e Zip code Did you pay or supervise the payment of persons employed on this contract? f,>rl Yes No If yes, did you withhold• Minnesota income tax from the wages of each employee as required by Minnesota Statute 290.92? [2 Yes ❑ Nu Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? Yes E] No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC -134 has been certified? Yes ❑ No If you are a subcontractor, list your prime contractor's business name and address. Name: Fid`= bak Construction Com-nanv P.O. 7Flnx 4553 Northfield, -n-.1. 990 7 If you are a contractor or subcontractor, skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need chore space to list yu subcontractors, attach a separate sheet. Also you must attach certified affidavits of your subcontr-dciors and sign below. Name and address Name and add, uss ' Name and address � Name and add,eos--------- —.- --.-- --------�- i I Name and address 1 Nance and addreas Ideclare under the penalu" of criminal liability for willfully making a false statement, that the above statements are true and correct to the best of ' a ' jcrtowledpspnd babef. S n y .President J `$ TitleUate �r8 :• Your tore Certificate of Compliance with kiinne,sota Statutes 290.92 and 290.97 Based on the facts stated in the above affidavit and the facts in the files and records of the Department of Revenue, the at,(. contractor/subcontractor has properly complied with all of the provi ions of Minnesota Statutu 290.92 relating to the withhold of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract sctwcra with the State n amy fits v�rnmentaI or political subdivisions. tFOL0 NOV Z 7 W4 Signature Of authorized Department of Revenue representative — "'`- ` t V t1 (HbJ.tt.NO t`�i� L t Idea �1v q.partrrtent dr Fiewr><n Affidavit for Obtaining Final Settlement of Contract with the State of J1�� JUL 31 1989 Minnesota and any of its Political or GovernmentalSubdivisions Name of od=aCtor , Nodland Construction Co.Inc. .0. Box 3 awn or post �Ij Alexandria cam' MN Zcs08 Check the box which describes your involvement in this project (read definitions on other side) ❑ Prime contractor ❑ Contractor x Prgset focatron - ❑ Subc"Ontractor Rosemount, YX ftlec t or oormaet rut bel Name of 1 masotaIiawks ns Pond �'e�anW urtit for wfrioh W= W" Owlomrd Tow ivrrDurM of oDrgratt Cit of Rosemount MN Address of Miry53, 084.00 laa�ota povarrur>orrtat trw 145th St, w: or Rosemount, MN (if µcaro > tow ( 612 ) 763 5159 From 8-88 To 7-25-89 .506b Did you payor supervise the payment of persons employed on this contract? N Yes ❑ No If yes, did you withhold Minnesota income tax from the wages Of each employee as required by Minnesota Statute 290.92? Z] Yes ❑ No Have you filed all required withholding returns and deposited Minnesota tax withheld with the Department of Revenue as required by Minnesota Statutes 290.92 and 290.97? ❑ Yes ❑ No Do you authorize the Department to inform the prime contractor upon it's request whether your form IC -134 has been certified? El Yes ❑ No If you are a subcontractor, list your prime contractor's business name and address. Bnebak Construction Co.Inc. P.O. Box 8• n If you are a contractor or subcontractor, skip the next section of this form and sign below. If you are a prime contractor, fill in the names and addresses of all your subcontractors. If you need more space to list you subcontractors, attach a separate sheet. Also sign below. Name and todress Ne" she sdo'ess hams and address Name and 000ress and address Name aro aadress I Oettare under ell penaryies of cnrninal kor w liability frilllutiY tnikirtQ kno."eope end DetN a lot" statement, that lha abM staten»ntS are trod and correct to VV best of m, Sign a Were To_(�tLiL'i Treasurer ur ynawra 7 27 89 ta►e Data Certificate of Compliance with Minnesota Statutes 290.92 and 290.97 Based on the facts. stated in the above affidavit and the facts in the files and records of the Department of Revenue, the above contractor/subcontractor has properly complied with all of the provisions of Minnesota Statute 290.92 relating to the withholdinc of income tax on wages paid to employees and Minnesota Statute 290.97 relating to contract services with the State of Minnesota or any of -its governmentat.or political subdivisions. St. Paul Fire and Marine Insurance Company Upper Midwest Service Center 3600 West 80th Street Minneapolis, MN 55431.1080 Metro Area Phone: (612) 893-5700 Minnesota WAIS: 800-552.7253 Dakota, Montana & Wisconsin WATS: 800-643.1273 co ;Emul Property&Liability Insurance July 30, 1991 City of Rosemount, City Hall Rosemount, MN 55068 RE: ENEBAK CONSTRUCTION COMPANY/NORTHFIELD, MN Bond No. 400 HW 7606 / Bond Amt: $170,852 Obligee: City of Rosemount, MN Project: Hawkins Pond, Drainage Improvements, City Project 176, Section 30, Sanitary Sewer Extension, CP 181 Gentlemen: The undersigned, Surety on bond covering the above captioned contract, hereby gives its CONSENT to the releasing of final payment at this time to Enebak Construction Company. This consent in no way alters, amends or modifies the St. Paul Fire and Marine Insurance Company's obligation under the captioned bond covering this project. Sincerely, ZST.PAUFIRE AN I URANCE COMPANY Donald R. Olson, Attorney -in -Fact Property and Liability Affiliates of The St. Paul Companies Inc.: St. Paul Fire and Marine Insurance Company 1 St. Paul Mercury Insurance Company The St Gaul lnsurannc `'rmnanv S- Pai ! (, a. •ar InC i'?n c ^m nan., ?ham C• Po nc -an-r. n t in: -%LL HRE AND MARINE NCE Y CERTIFICATE OF �%?au1 '1 x385 Washington treet, St. Paul, Mfin es to 55102A1 AUTHORITY NO For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-328-2189 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). i [f . -7 _L696 GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: Richard W. Dunphy, Bruce N. Telander, R. W. Frank, John P. Martinsen, Gary S. Soderberg, R. Scott Egginton, Donald R. Olson, Dennis J. Linder, John E. Tauer, Minneapolis, Minnesota; John W. Walsh, Judith M. Brickbauer, Warren L. Knutsen, Madison, Wisconsin, individually its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SLM OF FIFTY MILLION ($50,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V, -Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) 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, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached!' 1RE uuu��a IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its cs'J� 4 corporate seal to be affixed by its authorized officer, this 20th day of April, A.D. 1990. .STATE OF MINNESOTA] ST. PAUL FIRE AND MARINE INSURANCE COMPANY �� mz 1 ss. 51 County of Ramsey �--� %4'',2s GOr �jce DAVIDLITZKOWresident On this 26th day of September 19 90 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. MARY C. STEMPER, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATION 1, the undersigned officer of St. Paul Fire and Marine Insurance 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 set my hand this 30th, ti-- 0= day of July 19 91 JEROME H. NOLDIN, Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 4-90 Printed in U.S.A.