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HomeMy WebLinkAboutContract 1615Contractor's Business Name: Individual's Name: Fax No: BID FORM PROJECT IDENTIFICATION: REMOVAL / DEMOLITION OF THREE SINGLE FAMILY UNITS & GARAGES BIDS TO BE OPENED: 2:00 P.M. - WEDNESDAY, AUGUST 8TM , 2001 This bid is snbmitted to: CITY OF COLUMBIA HEIGHTS 637 38TM AVENUE NE COLUMBIA HEIGHTS, MN 55421 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. BIDDER '~ccepts all of the terms and conditions of the Notice or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for forty-five (45) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within Ten (10) days after the date of O'~5%'ER'S NOTICE OF AWARD. In submitting this bid, BIDDER represents, as more fldly set forth in the Agreement, that: (a) Date / BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Number ~-.~ .-~/ (b) (c) (d) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Materials. Omitted. Omitted. 10 (e) (0 (g) (h) (i) No additional examination, investigations, explorations, texts?reports or similar information or &3ta in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the contract Time and in accordance with the other terms and conditions of the Contract Doeuments): BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the ~vritten resolution thereof by ENGINEER is acceptable to BIDDER. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, f'n-m or corp0rati~)n and is not submitted in conformity with any agreement or roles of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OV~2NER. Any other representation as required by Laws and Regulations. 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICES: CITY OF COLUMBIA HEIGHTS REMOVAL / DEMOLITION OF 3 SINGLE FAMILY UNITS AND GARAGES Part 'A': DEMOLITION (payment to Contractor) Part 'B': REMOVAL (payment to City) BID Part A. Demolition of the following structures: Description Quantity Unit Demolish 1307 42nd Avenue single family unit LS 1 Demolish 4542 Washington Street single family unit LS 1 Demolish 4358 Third Street single family unit LS 1 Demolish 1307 42nd Avenue garage LS 1 Demolish 4542 Washington Street garage LS 1 Total: $ 7z'oo. oO $ 5'o0, oO s $ TOTAL BASE BID DEMOLITION: $O~/~/ q/~, ~)O Total Demolition Base Bid Written in Words 11 Bid Part B: ' Description ~ ~" Remove 1307 42nd Avenue single family unit Remove 4542 Washington Street single family unit Remove 4358 Third Street single family unit Remove 1307 42na Avenue garage Remove 4542 Washington Street garage Removal of the following structures: OuantiW LS' LS LS LS LS Unit 1 1 1 1 1 .Total: TOTAL BASE BID REMOVAL: Total Removal Base Bid Written in Words The following information shall be provided by the Contractor for completion of the work: 1. Time required after Contract Documents are executed to start ~vork: 7 2. Time required from commencement to completion (working days only): ! 5' days. days. 5. BIDDER agrees that the Work will be completed as follows: All work must be completed ~vithin 45 days of the date of City Council Award, or September 26, 2001. · . BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. The following documents are attached to and made a condition of the BID. (a) (b) (c) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. Affidavit of Non-Collusion. OSHA Compliance form. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. SUBMITTED ON: ~ ~ 2 ,2001. 12 If BIDDER is: AN INDIVIDUAL By (Individual's Name) (SEAL) Doing Business As Telephone No: A PARTNERSHIP By / (Firm Name) (SEAL) Business Address: (General Partner) Telephone No. A CORPORATION (Corporation Name) (State of Incorporation) ~ ~, ~ (Name of Per'on Authorized to'~i~ (Title) ATTEST: >~--~-~ · Business Address: Telephone No. ~ 13 (SEAL) A JOINT ~ENTURE By~ (Name) (Address) By (Name) (Address) Mailing Address: TelephoneNo. Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. 14 LIST OF SUBCONTRACTORS Bidders must list subcontractors tentatively scheduled to work on this project. All changes must be submitted to the City Engineer. BIDDER'S REFERENCES (same or similar type work) NAME TELEPHONE NO. 15 STATE OF COUNTY OF AFFIDAVIT OF NON-COLLUSION: That I am the BIDDER (if the bidder is an individual), a partner in the. BIDDER (if the bidder is a parmership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. BIDDER FIRbI MAKING BIDS Subscribed and sworn tp~before.~;~ this ~ day of ~,/~J(5~.~ ,2001. / N~NIE ~'~ OFFICIAL TITLE 16 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the MINNESOTA, (hereinafter called OWNER) and (Hereinafter called CONTRACTOR). CITY OF COLUMBIA HEIGHTS, OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Demolition or moving of three (3) residential structures and garages. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: REMOVAL / DEMOLITION OF THREE SINGLE FAMILY UNITS & GARAGES: CITY PROJECT NO.s 0005,0017 & 0018 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 17 ARTICLE 4 - CONTRACT TIMES 4.01 Tinge of the Esset~.ce A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before September 26, 2001, and completed and ready for final payment in accordance with paragaph 14.07 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Ageement and that OWNER ~vill suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OYVNER $250.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit A. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. 18 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Sub)nitta! and Pr, ocessing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OYVNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated belo~v but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OYVNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payment previously made; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 5% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 19 6.03 Fin a l Paym en t A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the GenEral Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this A~eement CONTRACTOR makes the follo;ving representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local La~vs and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of substirface conditions at or contiguous to the Site and all dra~vings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and dra~vings of a Hazardous Enviro~mental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, pro~ess, or perforn~ance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 20 F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, s,tudies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and coriditions of th~.Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and dra~vings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and fitrnishing of the Work. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: '1. 2. 3. 4. 5. 6. 7. 8. 9. This Agreement (pages __ to __ Performance Bond (pages __ to __ Payment Bond (pages __ to __ Other Bonds (pages __ to __ General Conditions (pages to __ Supplementary Conditions (pages __ inclusive); inclusive); inclusive); inclusive); ., inclusive); to __., inclusive); Specifications as listed in the table of contents of the Project Manual; Drawings consisting of none. Addenda (nulnbers __ to __, inclusive); 21 Exhibits to this Agreement (enumerated as follows): mo Notice to Proceed (pages to __., inclusive); CONTRACTOR's Bid (pages __ to __, inclusive); Documentation submitted by CONTRACTOR prior to Notice of Award (pages__ to __, inclusive); ; 11. The following which may be delivered or issued on or after the Effective Date of the Ageement and are not attached hereto: Written Amendments; Work Change Directives; Change Order(s). The documents listed in paragraph 9.01 .A are attached to this Ageement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 9. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any fights under or interests in the Contract will be binding on another party hereto without the xvritten consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assigrm~ent will release or discharge the assignor from any duty or responsibility under the Contract Documents. 22 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal represe, atatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 10.05 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Other Provisions (if applicable). 23 IN WITNESS WHEREOF, OWNER and CONTRACTOR have sig-ned this A=oTeement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been sig-ned or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be ~'ffective on t~ ~ /r~, 2001 (which is the Effective Date of the Agreement). O%~%'ER: /2 ~---Gary/Peterson, Mayor [CORPO1L&TE SEAL HERE] Attest Address for giving notices: CONTtLa~CTOR: z3 - s ..z",,¢' c [CORPORATE SEAL HERE] Attes _ ~ __ Address for givin= notices: License No. (Where applicable) (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of O~VNER-CONTRACTOR Agreement). Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: / Designated Representative: ~1 , · ' · i) ' Facsimile: 7~ 3/7¢ ~ -- $ ¢¢ / Phone: /.~'"/- ¢4 ¢- 6 t"//V~ Facsimile: 0~"/ 24 08/21/01 14:05 FA~ 612 376 4299 BERKLEY RISK ~002 i CERTIFICA~ON OF WORKERS' COMPENSATION iNSURANCE C~y of Columbia 637 - 38m Ave N~ Columbia Heights. MN Project ¢01-132 Jay Brothers, Inc. Fax: 651~64-1704 PO BOX 70O Forest Lake, MN 55025 ~e named insured has be~n ~e~insured s~n~e 10/2~1998 ,: .......... ~ , · .... , ..... ,., ........... .~,~:~:,~,4~,,~ ~.,;~,~.,~:~::~.~,~,. v ,, , ~ .... "- .......... :: ............... {~' ~:~:~i:l'~', ~ ' EEP Worke~' Compensation Fund As a member, the named insured is author~ed by the 74 - 38 State of Minnesota to self-insure its workers' ~mpensation I~abilities ........................................... 10122/2000 10/2~2001 Wo~em' Compensation .. Statoto~ Employem' Liability: Each Accident $ 2,000,000 Policy Limit- $ 2,000,000 F~ch Employee for Disease $ 2,000,000 Ber~ey Risk Administratom Company, LLC ff this authority is revoked or ~e nam~ selNinsured 920 Sscond Avenue South, Suite 700 entity withdraws from the plan, B~C will endeavor to Minneapolis, MN 55402~023 provide 30 days w~en noUce of such revocation or 612-376~200 withdrawal. However, failure to do so shall impose no obligation or liabil~ o[ any kind upon Dale Haug (612) 28~2729 p~ ~ Account Manager 8/21/01 THIS INFORMATION IS BEING PRODDED FOR INFOR~T]ONAL PURPOSES ONLY, ~ger~ey Risk Admlnis~tors Oompany, ~O 2000 rac '" ~ BOND NO. GRMN18865A Performance Bond Any sing, ilar re}eronc~,to Coat~actor, Surety, Owner or other parry shall b~ cormidcrcd plural where applicable. CONTRACTOR (Name and Addr~): Jay Bros ·, Inc. 9218 Lake Dr. NE, P.O. Box 700 Forest Lake, MN 55025 OWNER (Name and Address); City of Columbia_Heights 637 - 38th Ave. N.E. Columbia Heights, MN 55421 CONTRACT Da~e: August 13, 2001 SURBq~(N~c~d Addr~sofPr~C~M of B~es~: Granite Re, Inc. 10804 Quail Plaza Drive Ste. 200 Oklahoma City, OK 73120 Thousand Nine Hundred and 00/1~0 (3) Residential & 0018 Thousand Nine Hundred and 00/100 Amount: ($24,900.00) Twenty Four D~cription(NmneandLocafion): Demolition or Moving of Three Columbia Heights, Minnesota City P~oject No's. 0005, 0017 BOND Dam0WoccaHier ~anCon~ract Date): August 20, 2001 Amount: ($24,900.00) Twenty Four ModiHcations ~ ~s Bond Form: None Structures & Garages Suzety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause th~s Performance Bond to be duly executed on its b~half by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: Jay Bros., Inc.(Corp. Seal) Signature: Name and Title: - SURETY Comps.ny: ~~ Gr ' Re, Inc. (Corp. Seal) Signature: , Name an~'e~ - Jonathan Pate (At~ach ?ewer of Attorney) Attorney-in-Fact (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL C~mpany: SURETY (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-28-A (1996 F. dRion) Originally prcpar~ through the joint cfi'om or' the Scu'ety Association of America. Engineers Joint ¢onrrac~ Documents Commim:,,, the Associated Contractors of America, and th~ American Irafituta of Architects. 00610-1 State of County of On this come(s) ACKNOWLEDGMENT OF PRINCIPAL (Individual) day of , in the year : before me personally to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. State of County of On this come(s) Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) day of , in the year , before me personally a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of On this come(s) day of /-~;/¢~' , in the year ¢ ! , before me personally to me known, who, being duly sworn, deposes and says that he resides in the City of L,/~z),~z5 //",¢_¢¢~_ that he is the ~J~ of the ~ ~/ ~/~- //v~ the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Publi~-~lnne~ot~ ~ ACKNOWLEDGMENT OF SURETY State of Minnesota County of Dakota On this 20 th come(s) Jonathan Pate Granite Re, Inc. day of August , in the year 2001, before me personally . Attorney(s)-in-Fact of with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in Inver Grove Heights, MN that he is (are) the Attorney(s)-in-Fact of Gra.nlte Re, Inc. company described in and which executed the within instrument; that he know(s) the corpolate seal of such Command that seal affixed to the within instrument is such corporate seal and that it was affixed by or(~er of the Board~D~ectors!of sa d company, and tba;U~.e s,g~:~e~!_..~,s..a.!:d :!~..s.__.~,.~_~:~,~ ~s.._.~,~Attorney(s)- n-Fact of the sa d Compal~y by ke order. ~k,~ ' GRANITE RE, INC. GENERAL POWER OF A'I-I-ORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 14~ day of May, 1998. STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) SS: R. Dar-ryl Fish~r~ [~r~id~n~ Rodm~n A. Frates, Secretary/Treasurer On this 14th day of May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2004 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 20th day of August ,2001. ~ -~.--~.-~~ ,-- ~ R~man A. Frates, Secretary/Treasurer " ; BOND NO. GRMN18865A ,. Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Addre~): Jay Bros., Inc. 9218 Lake Dr. NE, P.O. Box 700 Forest Lake, MN 55025 OWNER (Name and Address): City of Col-mhia Heights 637 - 38th Ave. N.E. Col-mhia Heights; MN 55421 CONTRACT Date: August 13, 2001 Amount: ($24,900.00) Twenty Four Description (Name and Location): SURETY (Name and Address of Principal Place of Business): Granite Re, Inc. 10804 QUail Plaza Drive Ste. 200 Oklahoma City, OK 73120 Thousand Nine Hundred and 00/100 Demolition or Moving of Three (3) Residential Columbia Heights, Minnesota City Project No's. 0005, 0017 & 0018 Structures & Garages BOND Date (Not earlier than Contract Date): August 20, 2001 Amount: ($24,900.00) Twenty Four Thousand Nine Hundred and 00/100 Medifieafions to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject ~o the terms printed on thc reverse side hereof, do each cause this Payment Bond to be duly executed on its lmhalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Jay Bros., Inc. Name and Title: ~' ~ (Corp. SURETY Name anj~fI~'tl~: Jonathan Pate (A~acb/Power of ARo~ney) Attorney-in-Fact (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (CoT. ScM) Company: (Corp. Sea) Signature: Signature: Name and Title: Name and Title: FJCDC No. 1910-28-B (1996 Fxlition) Ofiglnally pr~parefl through the joint efform of the Surety Associatitm of America. Engineers Joint Confiner Doea~ments Cou~rnlttee, thc As.~oeiated General Conwac~0rs of America, thc American Institute of Architect. the American Subcontractors Association, and m~ Associated ~pecial~y Contractors. 00620- I State of County of On this come(s) ACKNOWLEDGMENT OF PRINCIPAL (Individual) day of , in the year , before me personally to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. State of County of On this. come(s) Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) day of , in the year , before me personally a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of ~/'Z~P~/~I,.~ '--f On this Z-- c-/, .,~.f. day of , in the year ~ ~" , before me personally come(s) ,/~,~/zd~ ik~ J~-f , to me known, who, being duly sworn, deposes and says that he resides in the City of that he is the ~T---tc'-Ci of the --//'g--/ ~'~/~_b~' the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. State of Minnesota County of Dakota On this 20 th come(s) Jonathan Pate day of August , in the year 2001, before me personally Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and wh~O, being by me duly sworn, says that he reside(s) in Inver Grove Heights. MN that he is (are) the Attorney(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such Cox~pa~ and that seal affixed to the within instrument is such corp,~orate seal and that it was affixed by ord~er of the So~[~rector~ of said company, a~d'~~~~(Attorney(s)-in-Fact of the said Compa~ by like or~er. ~ ~ '~;¥;','};?i:~L'. ........ ~'_i~.i] ,....-~,_~L; ......... ~;~ Nota~ Public GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 14th day of May, 1998. STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) SS: R. Dar-ryl Fish~r;~ [~r~id~n~ Rodman A. Frates, Secretary/Treasurer On this 14th dayof May 1998, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that'they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2004 GRANITE RE~ INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as' attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 20th day of Au[~ust ,2001. oRo~'/dd man A.~ Frates, S~'~ecretary/Treas u rer FROM :~ADUANTAGE 1 INSURANCE PHONE NO. : 520252?536 Aug. 21 2001 04:27AM P2 DA"I ~ (MM/DD/YY) CERTIFICATE' OF LIABILITY INSURANCE PRODUCER JTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION oNLY AND ADVANTAGE t INSURANCE AGENCY, INC. ICONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 3801 N, 3RD STREETSUITE # 101 JDOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ST CLOUD MN 56303 IPOLIClES BELOW. PHONE: 320-2~;2-6050 FAX.' 320~252-7536 COMPANIES AFFORDING COVERAGE INSURED ICOMPANY A: BITUMINOUS CASUALTY CORP. JAY BROS., INC. J.~P,~N-~.' " 9218 LAKE DRIVE N.E. I~OMP~---'~--~.' FOREST LAKE MN 55025 I~AN~/~.' THIS IS TO c~[,-~' THAT THE POLICIES OF INSURANCE; J~/SYED'BELQW HAVE BEEN 13._e~F_=D TO THE IN,SUR~D NAMED ABOV~ FOR; THE POU~;¥PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOOUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY I~E I~UED O1~ MAY PERTAIN, THE IN..~URANCE AFFORDED BY THE; POLICIES DESCRJBED HE.~EIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS ..~HOWN MAY HAVE BEEN REDUCED BY PAID Ct, AIMS. INI~R 'rYP~ OF IN~,URANCE POLICY NUMBER eOblCY EFFECTIVE PQUCY EXPII~4.Y~ ,-r~ ~, PATE/MM/h~/v¥~ DA-ri=/1~ Mh-W3,Wy3 DEaF-RAt. UAI~IUTY CLP 3 t't0 343 APR 1 01 APR 1 0Z F-ACH OCCURPJ;NOE ~ 1,000, ,00~ X COM~ERCIAL~.3 GENERAl.i_:._. ILIA~ILITY F~'~I~ DAMAGS'-~(~y One Fire) $ So '~ Ct. AIMS MADE JX'j OCCUR MED. EXP (Any One P.,~) $ 5,000~_ m PER~3NAI. &_,ADV INJURY $ '~,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPt, IES PEI~ PRODUC'I:S--COMPIOP AG~. $ 2~,000,000 AtrrO~Ol~[.~ [,~J~JLrrY CAP 3 t'10 34,2 APR 1 01 APR t 02 COUE~INED SINd~LE LlUIT (~ ;¢~ent) $ 't,O00,O00 ~ ANY AUTO ALL OWNED AUTO~ BODILY INJURY ~CHEDULEO AUTOS (Pe~' person) HIRED AUTO~ BODILY INJURY NON-OWNED AUTOS (Pet ;~c~idr-nt) PROPERTY DAMAGE, $ GARAGE I. IAI~ILITY ' AUTO ONLY-'EA ACCi0~NT $ ANYAUrro OTHER THAN F--A ACC $ AUTO ONLY; AGG $ E~CESS UA~Lr~ CUP 2 529 208 APR ~ 0't APR 1 02 F-.ACH OC~URRENC~ t, 1,000~000 A $ J Dc:DUCTIBLE $ RETENTION $ $ EMPLOYERS' UA~ILITY 'TC~Y '_';.:.~; E.L. EACH .~..,CIDENT .S .... E,L, DISEASE-FA EMPLOYEE $ E.L DISEASE-POLICY LIMIT OTHER: INSTALL.~TION FLOATER CLP 3 'PI0 343 ~J~R 1 01 APR 1 02 $500,000 ' A RENTED OR LEASED $'tO0oOO0 E(~¥1PMENT DESCRIPTION OF OPE~TIONS/LOCATION$/VEHICLES/SPECIAL ITEMS PROJECT #01-13Z REMOVAL/DEMOLITION OF THREE SINGLE FAMILY uNrrs & GARAGES CERTIFICATE HOLDER Attention: ACORD 25-.';; {'[~gl) I I ADDI'r[ONAL INSURED; INSU_RER ~LE'I'I~r.~ ANC~tl ATl~q ,, SHOULD ANY OF THE A~VE DE~RiB~ POUCI~ BE C~CE~EO BEFO~ ~UT FAILU~ TO MAI 3U~ NOTC~ ~ IMP~E NO OBLI~TION OR L~lt~ OF ANY ~ND U~N THE COMPS, CITY OF COLUMBIA HEIGHTS 637 38TH AVE NE COLUMBIA HEIGHTS, MN ,~4;Z1-3801