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HomeMy WebLinkAboutContract 1524 F. JCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT isby and between the ~ .~ OF.f~OLUbIB~/~iEIGHTS, .MIN~OTA, (hereinafter called OWNER) and~ ~ ~., (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinsfter 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: 2000 MISCELLANEOUS CONCRETE REPAIRS AND INSTAIJ,ATIONS ARTICLE 2 - THE PROJECT 2.01 Thc Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: · 2000 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS: CITY PROJECT NO. 2000--0 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARt, 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. // ARTICLE 4 - CONTRACT TIMES // 4.01 Time of the Essence 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. 17 4.02 4.03 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or b~fore October 8, 1999, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions. Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will 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 Patiele 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 OWNER $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 Extu'bit 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. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing 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. OWNER 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. I and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph · 18 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 below but, in each ease, 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 OWNER 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. 6.03 Final Payment 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 thc General Conditions shall bear interest at the rate of 6% per annum. /_?' Ai~TICLE 8 - CONTRACTOR'S REPRESENTATIONS ° 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 19 /:(' 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, p.rogress, and performance of' the Work. ~ C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws 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 subsurface conditions at or contiguous to the Site and all drawings 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 drawings of a Hazardous Environmental Condition, if ~my, 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, progress, or performance of the Work or which relate to any aspect oftbe means, methods, techniques, sequences, and procedures of construction to be employed by CON'I1L~OR, 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. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, 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 conditions of the 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 drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CO~CTOR 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 furnishing of the Work. 20 ARTICI~ 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. // s. / ! C. 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 , inclusi~'e); Specifications as listed in the table of contents of the Project Manual; Drawings consisting ofnone. Addenda (numbers ~ to , inclusive); Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages to , inclusive); b. CONTRACTOR's Bid (pages ~ to , inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive); d. ; 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Ordex(s). The documents listed in paragraph 9.01 .A are attached to this Agreement (except as expressly noted otherwise above). There arc 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. 21 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 rights under or interests in the Contract will be binding on another party hereto without the written 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 assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives 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 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. 10.05 Other Provisions (if applicable). 22 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to,OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or idenfffied by OWNE~ and CONTRACTOR or on their behalf. This Agreement will be effective on , t99~which is the Effective Date of the Agreement). OWNER: Walte . e~stj~~ager~ '~ary~ e t erlon ,~'~ay or icom, o~Am~ S~.A~ ~l Attest Address for giving notices: CONTRACTOR: By: ~/U~' r~,' [CORPORATE SE~ ~] ~ ~ / Ad.ess for ~g notices: Le , mN (If OWNER is a corporation, attach evidence ofauthority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreemen0. Name~ .,.,. Phone: License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: 'rifle: Phone: 23 BOND #GRMN17141A Construction Performance Bond Any singular reference to the Contractor~ Suret7~ Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Ti-Zack Concrete, Inc. Route 2, Box 182 Le Center, Mlq 56057 OWNER (Name and Addres0: City of Columbia Heights 637 - 38th Avenue N.E. D~e: May 22, 2000 Amount: ($38,600,70) Thirty Eight Thousand Six Hundred Descdption(NameandLocafion): City Project No. 2000-00 Miscellanous Concrete Repairs Columbia Heights, Minnesota SURETY (Name and Principal Place of Business): Granite Re, Inc. 10804 Quail Plaza Dr. Ste. 200 Oklahoma City, OK 73120 and 70/100 and Installation BOND Date (Not earlier than Construction Contract Date): Yuay 26, 2000 Amount: ($38,600.70) Thirty Eight Thousand Six Hundred Mo~fications to this Bond FOrm: None and 70/100 CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Ti-Zack Co~e Signature: Name and Title:~e~ ~. ~-}-}- SURETY Company: (Corp. Seal) Granite Rg.,..,.I~q,': Name and Title: Ertck.$chraidt At torney-in-Fact CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Si{~aature: l~ame and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: EICDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents CommflIee, The Associated General Contractors of America. and the American Institute of Architects. 24 State of County of On this come(s) ACKNOWLEDGMENT OF PRINCI PAL (I ndividual) 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 ~me. 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 L.~U~LJt~ } On this ~ day of '~ Li~'~ , in the year~00~, before me personally come(s) ~E. ~ ~L.L.-J-~ to me known, o, be!n du sworn, deposes and says that he reside..s in the City of ~ ~ ' that he is the ~P-_~l~°~"~ of the .-~!- 7_~ ~' -~~'1 ~'~ c_.. 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. Notary Public State of Minnesota County of Dakota On this 26 th come(s) _Erick Schmidt Granite Re, Inc. day of May , in the year 2000, before me personally Attomey(s)-in-Fact of with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in South Saint Paul 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 corpprate seal of such Company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by ol[der of the~,;~m;t.of,Direc, tors of sa d compa~~_-_-__-_~_ ...... ~-~=~ _~.~ Attorney(s)-,n-Fact of the said Company by lik~ order. '~(~ ~ ~'"~: WANDA LEE ESPE ~ [ [3 /~- ~ ) ~ ~__ ~ ~,;~ ,~-:?:] NOTARY PUBLIC-MINNESOTA ~'~ ' ...~ 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: RODMAN A. FRATES, JONATHAN PATE, KENNETH D. WHI'ITINGTON, ERICK SCHMIDT, RICHARD MOONEY, 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: RODMAN A. FRATES, JONATHAN PATE, KENNETH D. WHITTINGTON, ERICK SCHMIDT, RICHARD MOONEY, TOM LAHL may lawfully do in the premises by virtue of these presents. ' In Witness Whereof, the said GRANITE RE, attested by the signatures of its Vice President and Secretary/Treasurer, this 14th day of May, 1998. SS: INC. has caused this instrument to be sealed with its corporate seal, duly STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) R. Darryl Fishe~f~ice Presiden~ - Rodman A. Frates, Secretary/Treasurer On this 14t~ 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 Notary '"' Pul:rl'ic ~' GRANITE RE, INC. Certificate IH[ UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERIIFIES 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 26 th day of May , 2000. Q ~"~~' _ ~' ~-~ ~ Rodman A. Frates, Secretary/Treasurer Construction Payment Bond BOND #GRMN17141A Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): T±-gaek Concrete, Inc. Route 2, Box 182 Le Center, MN 56057 OVgNER 0Name and AddresS: City of Columbia Heights 637 - 38th Avenue N.E. Columbia HeiRhts, MN 55421 CONSTRUCTION CONTRACT Dae: May 22, 2000 Amount: ($38,600.70) Thirty Eight Thousand Six Hundred mescdption(NameandLoemion): City Project No. 2000-00 Miscellaneous Concrete Repairs Columbia Heights~ Minnesota SURETY (Name and Princ~al Place of Business): Granite Re, Inc. 10804 Quail Plaza Dr. Ste. 200 Oklahoma City, OK 73120 and 70/100 and Installation BOND Date (Not earlier than Construction Contract Date): May 26, 2000 Amotmt: ($38,600.70) Thirty Eight Thousand Six Hundred Modifications to this Bond Form: 'None and 70/100 CONTRACTOR AS PRINCIPAL ComPany: (Corp. Seal) Ti-Zack Conc~.e.,. ~-~ Signature: 2~ Name and Title: ~e_.~ SURETY Company: (Corp. Seal) Granite R_e~--~n~c Name and Title: Erick Schmidt Attorney-in-Fact coM mcto AS C .drnpany: (Corp. Seal) ! / Signature: Name and Title: SURETY Company: Signature: Name and Title: (Corp. Seal) EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects, American Subcontractors Association, and the Associated Spocialty Contractors. Reprinted 10/90 26 State of County of On this come(s) ACKNOWLEDGMENT OF PRINCIPAL (Individual) day of , in the year _~,_b_efore 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 th~ 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 r~r~7_,~ county of ~ } On this 5'g~- __ ~ day of ~'k Y3 P~ , in the ~ar~ ~fore me pe~nally come(s) ~~ ~, ~ to me kno~, ~o, ~ipg dqly sworn, de~es and ~ Lhat he resides in the CJ~ ~ ~,(~ ~ ' that he Js the ~[(~ ofthe ~J-~ ~(~ ~. the co.ration de~Hb~ in and ~h ex~m~ the forgoing instrument; that he kno~ the seal of the said co~oration; the ~al affJx~ to the ~id instmmem ~ such co.rate seal; that it was so affix~ by the order of the Board of Dir~tom of ~Jd co.ration, and that he s~ned his name thereto by like order. ~~~ State of Minnesota County of Dakota On this_ 26 th come(s) Erick Schmidt Granite Re, Inc, ACKNOWLEDGMENT OF SURETY¢it } day of May , in the year 2000, before me personally Attomey(s)-in-Fact of with whom I am personally acquainted, and who. being by me duly sworn, says that he reside(s) in South Saint Paul: MN that he is (are) the Attomey(s)-in-Fact of Gral .~e Re, Inc. company described in and which executed the within instrument; that he know(s) the corpor~ te seal of such Compa~.~; and that seal affixed to the withi.n_~..ment !s..suc_h _ and that it was affixed by ord~ ir of the B. eal~-'Of,[~ector~ of said company, and th )-in-Fact of the said C~ ~~..... Notary 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.' RODMAN A. FRATES, JONATHAN PATE, KENNETH D. WHIITINGTON, ERICK SCHMIDT, RICHARD MOONEY, TOM LAHL/ts 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: RODMAN A. FRATES, JONATHAN PATE, KENNETH D. WHITTINGTON, ERICK SCHMIDT, RICHARD MOONEY, 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 14t~ day of May, 1998. STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) R. Darryl Fishe~,~ice Presiden~ SS: _.,/~/~~---~p ~ Rodman A. Frates, Secretary/Treasurer On this 14t" 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. May 9, 2004 Notary Pu ~c GRANITE RE, INC. Certificate IH[ UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERIIFIES that the following resolution is a true and correct excerpt from the July 1 5, 1 91t7, 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 26th day of May , 2000. Rodman A. Frates, Secretary/Treasurer II Contractor's Business Name: Address: Phone No: Fax No: l- 6co"/- 35-]- GbqL BID FORM II PROJECT IDENTIFICATION: CITY PROJECT NO. 2000 2000 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS BIDS TO BE OPENED: 9:00 A.M. - THURSDAy, MAY 18, 2000 This bid is submitted 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 accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) 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 fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: 9 (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number (c) (d) (e) BIDDER has familiarized itself with the nature and extent of theContract Documents,Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in-the Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the General Conditions, and accepts the determination set forth in Paragraph S.C.4.02 & 4.03 of the Supplementary 'Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of fumishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguoUs to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, texts, reports or similar information or data 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 Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 10 (0 (g) (i) 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 written 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, firm or corporation and is not submitted in conformity with any agreement or rules 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 OWNER. Any other representation as requi~ed by Laws and Regulations. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICES: (See attached Page 12) Quantities are indicated for the convenience of the Bidder. Although no step quantities are anticipated at this time, a line item is provided to obtain a unit price for Phase 2. Final payment will be based on actual quantities. 11 CITY OF COLUMBIA HEIGHTS "2000 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS" NO. 1. 2. ITEM UNIT QUAN. Remove curb and gutter L.F. 1,342 $ Construct concrete curb and gutter L.F. 1,342 $ UNIT TOTAL ]'RICE ]'RICE 3. Construct B4-6 concrete curb L.F. 300 $ /5'-~ $ ~45~o~ ! 4. Remove street/alley S.F. 400 5. Construct 8" concrete street/alley S.F. 400 6. Remove driveway S.F. 95 7. Construct 6" concrete driveway S.F. 30 s .-'/v s ~. s 5'?~S s 8. Remove sidewalk S.F. 1,542 9. Construct 4" concrete sidewalk S.F. 1,542 s .{~o s ~/z5~-5 10. Remove step 11. Construct concrete step S.F. 10 $ /D~'~'~ $ /~9o~-~' S.F. 10 $ ~'/P~'~'' $ TOTAL BID Total Bid W~tten In Words 12 BIDDER agrees that the Work will be completed as follows: 2000 MISCELLANEOUS CONCRETE REPAIRS & INSTALLATIONS CITY PROJECT 2000-0 All work listed in the Supplemental Information (Phase 1) must be completed by July 7, 2000. The Contractor shall anticipate a second list of removals and concrete repairs or installations at various locations by September 8, 2000. These quantities' are in addition to those listed in the Proposal. Final inspection by October 6, 2000, in accordance with Paragraph 14.06 of the General Conditions. 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) A tabulation of Subcontractors, Suppliers, and other persons organizations required to be identified in this Bid. (b) The contractor will complete the Work sequence Division 1, Section 4, General Requirements. Affidavit of Non-Collusion. (c) and in accordance with Communications concerning this BID shall be addressed to the address of BIDDER indicated below. The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON: ~,['ICl ~ ] ~.v ,2000. 13 If BIDDER is: AN INDIVIDUAL By. (Individual's Name) Doing Business As (SEAL) Telephone No: · A PARTNERSHIP By. (Firm Name) (SEAL) (General Partner) Business Address: Telephone No.: (Continued on next page.) 14 A CORPORATION (Corporation Name) (State of Incorporation) By 4~*-~.~. ~ (Nam6-Kf Person Authorized to Sign) (Title) ,.. ,/- / ~(Secretar~) Busines~ Address: '~t. ~ Lc, ~v~4e¥-,, n~lx/ ~bO%~ (s~) A JOINT VENTURE (Name) (Address) By. (Name) (Address) 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. 15 STATE OF COUNTY h/q AFFIDAVIT OF NON-COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a parmer in the BIDDER (if the bidder is a partnership) 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. 7_oc Concrete FIRM MAKIN~G BIDS Subscribed and sworn to before me this I ~ ~ ~c~ day of ~/3 ~q ,2000. NAME OFFICIAL TITLE GRETCHEN BOETTCHER ~l i'~ ~.~----~L~J~_,,~ NOTARY PUBUC-MINNESOTA ~ 16 GRANITE RE, INC. Approved by the American Institute of Architects Bid Bond KNOW ALL MEN BY THESE PRESENTS, tl atwo Ti-Zeck Concrete, Inc. as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of Oklahoma as Surely, hereinafter called the Surely, are held and firmly bound unto City of Columbia Heights as Obligee, herinafter called the Obligee, in the sum of Five Percent of Bid Amount****** ..... ** ..... ,************ ....... * ..... Dollars ($ 5% of Bid Amount ). for the payment of which sum well and truly to be made, the said Principal and the said Surely, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. W H E R E A S, the Principal has submitted a bid for City Project #2000-0 - 2000 Misc. Concrete Repairs and Installations (Misc. Curb, Gutter and Sidewalk) NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient ~urety for the faithful I~erformance of ~uch Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in mid bid and such larger amount for which the Obligee may in good faith contract with another r)artv to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15 th day of May 20 00 Ti-Zack Concrete, Inc. (seal) (seal) y in Fect S~ate of County of On this come(s) ACKNOWLEDGMENT OF PRINCI PAL (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 ~I~~L,'~ County of L~! %' On this j~ -1-~ } day of .Jk~0~ , in the year.c~00L~, before me personally come(s) ,.~-~'e_. :~. ~L~J~ -J- , to me known, w_ho, being duly sworn, deposes and sa~s, that he resides, in the City of L~_, that he is the I}l"~,Si~J")-)-- ofthe .~1'- 'Z~.cJ~_ ~/~lOdJr~]~.,. _'"~.~C_,, 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 15 th come(s) Jonathan Pate Granite Re, Inc. Notary b"-' .... '~ ACKNOWLEDGMENT OF SURETYi] } day of May , in the year 2000, before me personally Attomey(s)-in-Fact of with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) inJnver 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 Company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said c°mpany' and that he signed said instrument as Att°mey(s)'in'Fact °f the sa/~/~//.cm~,,/n.y/b.Y 1~l~./;~./_~.....~..~2j : ;'~-~-'~.~'.~'~i F..A M. C0~0[.[y Notary Public / '~ y omrni$$ionE, xn.~r3£ja,q ~, / 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: RODMAN A. FRATES, JONATHAN PATE, KENNETH D. WHIT[INGTON, ERICK SCHMIDT, RICHARD MOONEY, 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: RODMAN A. FRATES, JONATHAN PATE, KENNETH D. WHITTINGTON, ERICK SCHMIDT, RICHARD MOONEY, 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. SS: STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) R. Darryl Fishe~ice Presiden~ Rodman A. Frates, Secretary/Treasurer On this 14m 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: Q ~ May 9, 2004 Notary GRANITE RE, INC. Certificate IHE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERIIFIES that the following resolution is a true and correct excerpt from the July 15, 1907, minutes of the meeting of the Board of Directors of Granite Re, loc. "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 15 th day of M~Y , 2000- Rodman A. Frates, Secretary/Treasurer