HomeMy WebLinkAboutContractor Agreement Interstate Pump and Tank DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD 3qLOi
•
s v k iJ .✓
t�I
Oshkosh
CONTRACTOR AGREEMENT:
UNDERGROUND FUEL TANK REPLACEMENT OSHKOSH TRANSIT DEPARTMENT
CITY OF OSHKOSH
THIS AGREEMENT,made on the 20th day of OCTOBER,2020,by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and INTERSTATE PUMP AND TANK, 901
NIAGRA STREET,WAUKESHA,WI 53186,hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter into the following
agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement,in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
A. This Instrument
B. Proposal Solicitation
C. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts,the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICLE II. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(JACOB KRMPOTICH,PROJECT MANAGER)
B. Changes in Project Manager. The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager. The City shall be
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
provided with a resume or other information for any proposed substitute and shall be given the
opportunity to interview that person prior to any proposed change.
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(JIM COLLINS,TRANSPORTATION DIRECTOR)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled"UNDERGROUND FUEL TANK REPLACEMENT OSHKOSH TRANSIT DEPARTMENT REBID"
dated SEPTEMBER 14, 2020, and the contractor's bid form and materials attached as Exhibit A. If
anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications
shall govern.
The Contractor may provide additional products and/or services if such products/services are requested
in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish,at the Contractor's request,such information as is needed by the Contractor to aid
in the progress of the project,providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other
documents and will make any authorizations necessary to proceed with work within a reasonable time
period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later than August 1,2021.
Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract
the sum of$323,765.51, adjusted by any changes hereafter mutually agreed upon in writing
by the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If
any statement amount is disputed,the City may withhold payment of such amount and shall
provide to Contractor a statement as to the reason(s) for withholding payment.
ii. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
amendment to this agreement executed by both parties prior to proceeding with the work
covered under the subject amendment.
ARTICLE VIII. STANDARD PROVISIONS
The CONSULTANT agrees in all hiring or employment made possible by or resulting from this
agreement, there will not be any discrimination against any employee or applicant for employment
because of race, color,religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE IX. CON I"RACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions,
claims and demands of any kind or character whatsoever which may in any way be caused by or result
from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his
subcontractors related however remotely to the performance of this Contract or be caused or result from
any violation of any law or administrative regulation,and shall indemnify or refund to the City all sums
including court costs,attorney fees and punitive damages which the City may be obliged or adjudged to
pay on any such claims or demands within thirty (30) days of the date of the City's written demand for
indemnification or refund.
ARTICLE X. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE XI. TERMINATION
C. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the
obligations under this Agreement, the City shall have the right to terminate this Agreement
by written notice to the Contractor. In this event, the Contractor shall be entitled to
compensation for any satisfactory,usable work completed.
D. For Convenience. The City may terminate this contract at any time by giving written notice
to the Contractor no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Contractor shall be entitled to compensation for
any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions of the Agreement and
any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated
as an amendment to this Agreement.
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
In the Presence of: CONTRACTOR/CONSULTANT
, —DocuSigned by:
By: j Do b s 1 'Enid',
(Seal of Contractor if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
DocuSIgned by:
By: 395071-A03044491...
Mark A.Rohloff, City Manager
(Witness)
pDocuSigned by:
And: -51Ar7F511M1A01
(Witness) Pamela R.Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
—DoocuSigne(d by:
Gir.a5uA l p—DocuSigned by:
City Attorney 9rFF0194FA9A4HF
City Comptroller
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
/ C14
UNDERGROUND FUEL TANK REPLACEMENT
OSHKOSH TRANSPORTATION DEPARTMENT
CITY OF OSHKOSH
BID PROPOSAL FORM
Page 1of3
From: \'R+e-c s t cuk--e, Pu on p Tank (bidder's company name)
BID PROPOSAL DEADLINE:September 29,2020 @ 10:00 A.M.
Date: c 12•`a 120
Addenda: Receipt of Addenda numbered 1(dated July 14,2020)of 1 are hereby understood,acknowledged and
included in bidder's bid proposal form. If no addenda were issued for this project please write"N/A" above.
In compliance with the advertising for Bids and having carefully examined the drawings and specification for
the Work and the Site of the proposed work and having determined all of the conditions of the work,the rules,
regulations,laws,codes,ordinances,and other governing circumstances relating to this project,the undersigned
proposes to furnish all Labor,Materials and Equipment necessary to complete the construction indicated on the •
drawings and described in the project manual to include all described work completed to the Owners'
satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto
certifies as to its own organization, that this Bid has been arrived at independently without consultation,
communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any
competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or
noted deviations for the following amount(s):
Bid Item Quantity/Unit Price Total
Lump Sum Bid Items:
Abandonment of Fuel System 1 LS $ ? y35a. $ 3 g 35a 50
Fuel System Installation 1LS $a1r1 f1l3 01 sun it(3.O t
•
Unit Rate Bid Items:
Impacted Soil Disposal
(Estimated Quantity 500 Tons) 500 Tons $1O40OO.oo $ 01000.0b
Provide Additional Backfill
(Estimated Quantity 350 C.Y) 350 C.Y. $ 111 b0.O0 $ 1,100.0 0
TOTAL BID: $
Upon bid award,estimated time necessary for project completion: iSO days
(bidder to provide anticipated project timeline with bid submittal)
- hree hundred e -y-hr , -+housand sevean bundred Si x+y- - \it► -o�� cex S
(Total Bid Price-in Words) cla ars and ►- y
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C555008EFD
UNDERGROUND FUEL TANK REPLACEMENT
• OSHKOSH TRANSPORTATION DEPARTMENT
CITY OF OSHKOSH
BID PROPOSAL FORM
Page 2 of 3
SIGNATURES
Date: q 12'8 10 Name of Company: \n-k-'_f S-k C--�"e, -PU`v P. "---Vc k _
Submitted by: (name/title) 1\ S aX 2
NUS .J( v -1Bmail: J ames ►nk St *e-i o ` CuClc\"k Ck'1 kG,+ clanP
Address of Company: qO1 N100YX& S� Phone: 2(42" 521-{- 2 °t \
Warranty Details: oZ kiears per S
Company Representative that will be named Project Manager for this project,if awarded
the bid:Jacob 1.<frrnpn-hch Up °C OQa`-"-
fio c15
Name Title
That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked
the same in detail before submitting this Proposal;that I
have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said
statements are true and correct.
Signature
Title _ `1a-1 ,s y t aY\o,
DocuSign Envelope ID:C2832661-8C2E-410E-87136-59C55500BEFD
UNDERGROUND FUEL TANK REPLACEMENT
` OSHKOSH TRANSPORTATION DEPARTMENT
CITY OF OSHKOSH
BID PROPOSAL FORM
Page 3 of 3
Specific Equipment Bidder to indicate which equipment is included in bid by marking the blank with check
mark
Original Specs:Dispensing System
(1) 1-1/2 HP Veeder Root Red Jacket Quick Set fixed speed submersible turbine pump
(2) Gasboy Atlas 9840KX, diesel super high flow, single product, single hose dispenser with one
internal 30 micron fuel filter,flow rating 40 gpm
Alternative:Dispensing System x
(1) 1/6 HP Franklin fixed speed submersible turbine pump
(2) Bennett Big Fueler, ultra-high flow remote and self-contained dispenser with dual spin-on-30
micron fuel filters(NO MODEL#OR OPTIONS SPECIFIED)
Original Specs:Tank Monitor System
(1) Veeder Root TLS-450PLUS with colored touch screen and integral printer
Alternative:Tank Monitor System X
(1) Franklin EVO550/EVO5000 automatic tank gauge system(WHICH ONE?)
(2) Franklin TS-LS500 Autolearn Electronic Line Leak Detection system
Original Specs:Fuel Management System X
(1) FuelMaster Plus Master unit which includes FMU 2500 Plus Island terminal and pedestal,Island
terminal surge protection,and 2-hose controller
Alternative:Fuel Management System
(1) OPW Fuel Management System with Petro Vend PV2000 island terminal,Phoenix software
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
COMPLIANCE WITH SPECIFICATIONS FORM
(To be completed by bidder and submitted with bid proposal form)
(Bidder/proposer certifies)
The bidder/proposer hereby certifies that it will comply with the bid requirements issued by the
City of Oshkosh/GO Transit in this RFB. The bidder or proposer warrants and certifies that of
the follow' g three paragraphs,paragraph A or B or C is true(-4 check one):
A. The bidder/proposer hereby states that it will comply with the requirements
in all areas. (This means that there are no exceptions to the requirements,no
matter how minor. If you have any doubts, check paragraph C or call the
procuring agency for assistance.)
B. The bidder/proposer hereby states that it will comply with the requirements
in all areas except those where requests for clarification were approved prior
to bid submission.
C. The bidder/proposer hereby states that it will comply with the requirements
in all areas except those noted on the attached page. The bidder/proposer
understands that those exceptions to the specifications may be considered non-
responsive, an ay be rejected.
Signature:
Typed Name: 3Cx fl ,S Yet'V e* .
Title: Sal es M cu3er
Company: \n xs4 ice,Pornp i--ro nk
Date: q V26120
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
COMPLIANCE WITH FTA REQUIREMENTS
(To be completed by bidder and submitted with bid proposal form)
49 CFR Part 18
The Contractor listed below hereby certifies that it shall at all times comply with all applicable
Federal Transit Administration(FTA) regulations, policies,procedures and directives,including
without limitation those listed directly or by reference in the Federal Transit Administration
Master Agreement between the City of Oshkosh/GO Transit and the Federal Transit
Administration, as they may be amended or promulgated from time to time during the term of
this contract. The Contractor's fail - to so comply shall constitute a material breach of this
contract.
Signature: Ap
air
Typed Name: Jo1 rnts Bru e ke.
Title: Salts Rana92X
Company: 'I fl-'c&StOte, ?L bnn w i- Tan lG
Date: q �-$ 26
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
•
BUY AMERICA REQUIREMENTS
49 U.S.C.5323(j)
49 CFR Part 661
Applicability to Contracts
The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition of Goods or Rolling Stock(valued at more than$150,000).
Flow Down Requirements:The Buy America requirements flow down from FTA recipients
and subrecipients to first tier contractors,who axe responsible for ensuring that lower tier
contractors and subcontractors are in compliance.The$150,000 threshold applies only to the
grantee contract,subcontracts under that amount are subject to Buy America.
Mandatory Clause/Language: The Buy America regulation, at 49 CFR 661.13, requires
notification of the Buy America requirements in FTA-funded contracts,but.does not specify
the language to be used.The following language has been developed by FTA.
Buy America-The contractor agrees to comply with 49 U.S.C.5323(j)and 49 C.F.R. Part 661,
which provide that Federal funds may not be obligated unless steel,iron, and manufactured
products used in FTA-funded projects are produced in the United States,unless a waiver has
been granted by FTA or the product is subject to a general waiver. General waivers are listed in
49 CFR 661.7,and include software,microcomputer equipment and small purchases (currently
less than$150,000)made with capital,operating,or planning funds.Separate requirements for
rolling stock are stated at 5323(j)(2)(C)and 49 UR 661.11.Rolling stock must be manufactured
in the US and have a minimum 60% domestic content for FY2016 and FY2017, a minimum 65%
domestic content for FY2018 and FY2019 and a minimum 70% domestic content for FY2020 and
beyond.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below)with all bids or offers on PTA-funded contracts,except those subject to a general
waiver.Bids or offers that are not accompanied by a completed Buy America certification must
be rejected as nonresponsive.This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel,iron,or manufactured products.
Certificate of Compliance with 49 U.S.C.5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.5323(j)(1)
and the applicable regulations in 49 CFR Part 661.5.
Date Ci
Signature
Company Name (1*eXS4O*t IPUrA -4- -Tan k
Title ck.i M
t S bv ckstr
Certificate of Non-Compliance with 49 U.S.C.5323(j)(1)
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5,but it may qualify for an exception pursuant to 49 U.S.C.
5323(j)(2)(A),5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date q�2- '2-0
Signature
Company N n' G 4- Tc&
Title c OJ is M an act eX
DocuSign Envelope ID:C2832661-8C2E-410E-8706-59C55500BEFD
LOBBYING
31 U.S.C.1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts:The Lobbying requirements apply to Construction/Architectural
and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational
Service Contract/Turnkey contracts over$100,000.
Flow Down Requirement: The Lobbying requirements mandate the maximum flow down,
pursuant to Byrd Anti-Lobbying Amendment,31 U.S.C.§1352(b)(5) and 49 C.F.R. Part 19,
Appendix A,Section 7.
Mandatory Clause/Language:Clause and specific language therein are mandated by 49 CFR
Part 19,Appendix A.Modifications have been made to the Clause pursuant to Section 10 of
the Lobbying Disclosure Act of 1995,P.L. 104-65 [to be codified at 2 U.S.C.§ 1601, et seq. I
Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5),as amended by Section 10 of the Lobbying Disclosure Act
of 1995, and DOT implementing regulation,"New Restrictions on Lobbying," at 49 CFR§
20.110(d)
Language in Lobbying Certification is mandated by 49 CFR Part 19,Appendix A,Section 7,
which provides that contractors file the certification required by 49 CFR Part 20,Appendix A.
Use of"Disclosure of Lobbying Activities,"Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by"Government wide Guidance For New Restrictions on
Lobbying," 61 Fed.Reg.1413(1/19/96)is mandated by 49 CFR Part 20,Appendix A.
Byrd Anti-Lobbying Amendment,31 U.S.C.1352, as amended by the Lobbying Disclosure
Act of 1995,P.L.104-65[to be codified at 2 U.S.C.§1601,et seq.]-Contractors who apply or
bid for an award of$50,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying."Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a member of Congress,officer
or employee of Congress,or an employee of a member of Congress in.connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.Each tier
shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who
has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal
contract, grant or award covered by 31 U.S.C.1352. Such disclosures are forwarded from tier
to tier up to the recipient.
APPENDIX A,49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants, Loans,and Cooperative Agreements
(To be submitted with each bid or offer exceeding$100,000)
The undersigned[Contractor]certifies, to the best of his or her knowledge and belief,that:
Docusign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension, continuation,renewal,amendment,or modification of any
Federal contract, grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with this Federal contract, grant,loan,or cooperative agreement,the undersigned
shall complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in
accordance with its instructions las amended by"Government wide Guidance for New
Restrictions on Lobbying,"61 Fed.Reg.1413 (1/19/96).Note:Language in paragraph(2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995(P.L.104-65,to be codified at 2 U.S.C.1601,et seq .)]
(3)The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,subgrants,and
contracts under grants,loans,and cooperative agreements)and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31,U.S.C.§ 1352 (as amended by the
Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall
be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such
failure.
[Note:Pursuant to 31 U.S.C.§1352(c)(1)-(2)(A),any person who makes a prohibited
expenditure or fails to file or amend a required certification or disdosure form shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such
expenditure or failure.]
The Contractor,tryl-ersiate,i%Uffirillikertifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure,if any.In addition,the Contractor
understands and agrees that the provisions of 31 U.S.C.A 3801,et seq., apply to this
rtification and s Insure . any.
��r Signature of Contractor's Authorized Official
k M and Title of Contractor's Authorized Official
q tica \2.0 Date
DocuSign Envelope ID:C2832661-8C2E-410E-87D6-59C55500BEFD
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
2 CFR part 180
2 CFR part 1200
2 CFR§200.213
2 Cult part 200 Appendix II(I)
Executive Order 12549
Executive Order 12689
Background and Applicability
A contract award(of any tier)in an amount expected to equal or exceed$25,000 or a contract
award at any tier for a federally required audit(irrespective of the contract amount)must not be
made to parties listed on the government-wide exclusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 C.F.R.part 180. The Exduded
Parties List System in SAM contains the names of parties debarred,suspended, or otherwise
excluded by agencies,as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
Recipients,contractors,and subcontractors(at any level)that enter into covered transactions are
required to verify that the entity(as well as its principals and affiliates)with which they
propose to contract or subcontract is not excluded or disqualified.This is done by:(a) checking
the SAM exclusions;(b)collecting a certification from that person;or(c) adding a clause or
condition to the contract or subcontract.
Flow Down
Recipients,contractors,and subcontractors who enter into covered transactions with a
participant at the next lower level,must require that participant to: (a)comply with subpart C of
2 C.F.R.part 180,as supplemented by 2 C.F.R.part 1200;and(b)pass the requirement to
comply with subpart C of 2 C.F.R.part 180 to each person with whom the participant enters
into a covered transaction at the next lower tier.
Debarment, Suspension,Ineligibility and Voluntary Exclusion
The Contractor shall comply and facilitate compliance with U.S. DOT regulations,
"Nonprocurement Suspension and Debarment,"2 C.F.R.part 1200,which adopts and
supplements the U.S.Office of Management and Budget(U.S.OMB) "Guidelines to Agencies
on Governmentwide Debarment and Suspension(Nonprocurement),"2 C.F.R.part 180.These
provisions apply to each contract at any tier of$25,000 or more,and to each contract at any tier
for a federally required audit(irrespective of the contract amount), and to each contract at any
tier that must be approved by an FTA official irrespective of the contract amount.As such,the
Contractor shall verify that its principals,affiliates,and subcontractors are eligible to participate
in this federally funded contract and are not presently declared by any Federal department or
agency to be:
a)Debarred from participation in any federally assisted Award;
DocuSign Envelope ID:C2832661-8C2E-410E-8706-59C55500BEFD
•
b)Suspended from participation in any federally assisted Award;
c)Proposed for debarment from participation in any federally assisted Award;•
d)Declared ineligible to participate in any federally assisted Award;
e)Voluntarily excluded from participation in any federally assisted Award;or
f)Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the Recipient.If
it is later determined by the Recipient that the bidder or proposer knowingly rendered an
erroneous certification,in addition to remedies available to the Recipient,the Federal
Government may pursue available remedies,including but not limited to suspension and/or
debarment.The bidder or proposer agrees to comply with the requirements of 2 C.F.R.part 180,
subpart C, as supplemented by 2 C.F.R.part 1200,while this offer is valid and throughout the
period of any contract that may arise from this offer.The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
Date: q
Signature:
Company Name: rri-erst cx t-e Porn p - Tck n k
Title: 8o eS Marl(A -e_X
NOTE: Bidder must include all federal farms/clauses/signatures with their bid submittal.
Bid Bond • j Document A3 1 0 TM 2010
iz _
CONTRACTOR:
'Name, legal status and address) Bid Bond No.GR20935
INTERSTATE PUMP&TANK,LLC
901 Niagara Street
Waukesha,WI 53186
SURETY:
(Name, legal status and principal This document has important legal
place of business) consequences.Consultation with
an attorney is encouraged with
Granite Re Inc. respect to Its completion or
14001 Quailbrook Dr modification.
Oklahoma City,OK 73134
OWNER; Any singular reference to
(Name, legal status and address) Contractor,Surety,Owner or
other party shall be considered
City Of Oshkosh plural where applicable.
215 Church Ave
Oshkosh,WI 54903
BOND AMOUNT:Five Percent of the Bid Amount(5.00%of Bid Amount)
PROJECT:
(Name, location or address, and Project number, if any)
City of Oshkosh Tank Removal,Oshkosh Transportation Department Underground Fuel Tank Replacement
The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor
and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided
herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the
bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(I)
enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be
specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise
acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material
furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between
the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to
perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.
The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner
may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate
beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's
consent for an extension beyond sixty(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any
provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent
is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 25th day of September,2020
INTERSTATE,MP&TANK U-C
m� (Seal)
Hite Re,Inc. '
(Witness)Karla K.Heffron ( Pre
l I)i J 0/ 1). 11 ,t)
(Title)Connie Smith,Attorney-in-Fact = - •
AIA Document A310"-2010.Copyright P1963,1970 and 2010 by The American Institute of Architects.All rights reserved.W4.RNINGriflis AIAe
Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm_ Document,or_
any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible Cider the,iaw. •`
Purchasers are permitted to reproduce ten(10)copies of this document when completed:To report copyright-vToTations of MA Contras )ocunfe Its a mate
The American Institute of Architects'legal counsel,cgoyrlghttthala.org. • i++�
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 MINNESOTA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL;CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY;CONNIE SMITH; KORY MORTEL; ELIOT
MOTU 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:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY;CONNIE SMITH; KORY MORTEL; ELIOT
MOTU 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 President and Secretary/Treasurer,this 3id day of January,2020.
d
SEAL Kenneth D.Whittin ton,President
STATE OF OKLAHOMA )
SS:
COUNTY OF OKLAHOMA ) Kyle P.McDonald,Treasurer
On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company
and Kyle P. McDonald,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 Kenneth D.Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of
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 President and Secretary/Treasurer,respectively,of the Company.
'T a ��d/LZdO?-J
My Commission Expires: `
August 8, 2021 ?� ,� Nota Public
Commission#:01013257
GRANITE RE,INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, inc., a Minnesota 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.and that said Power of Attorney has not been revoked and is now in full force and effect.
"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 sealshall_Q be•necessary to the validity of any such instrument or undertaking."
I WITNESS WH REOF the nd=signed hassubsc6ed this C'ecfificate_nd affixed the corporate seal of the Corporation this
day of .1 '.1a. 'y ,202-0 _ 5. --
SEAL
Kyle P.McDonald.Secretary/Treasurer
GR0800-1
Bond No. GRWI28625B
atAIA Document A3I2TM 2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
INTERSTATE PUMP &TANK, LLC of business)
901 Niagara Street Granite Re,Inc. This document has important legal
Waukesha,WI 53186 14001 Quailbrook Dr consequences.Consultation with
OWNER: Oklahoma City,OK 73134 an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
City Of Oshkosh
Any singular reference to
215 Church Ave Contractor,Surety,Owner or
Oshkosh,WI 54903 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
AIA Document A312-2010
Date: / / combines two separate bonds,a
Performance Bond and a
Amount: $323,765.51 Payment Bond,into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Underground Fuel Tank Replacement Oshkosh Transit Department
BOND
Date: 11/06/2020
(Not earlier than Construction Contract Date)
Amount: $323,765.51
Modifications to this Bond: ®None 0 See Section 16
CONTRACTOR A PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
INTERSTAT PU T NK, LLC Granite Re, Inc.
Signature: Signature:
Name I // P Eliot Motu,Attorney-in-fact
and Title`' G(4" i fo7cma (L15S _ and Title:
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
J. Ryan Bonding, Inc. (Architect, Engineer or other party:)
2920 Enloe St., Ste 103 Owner
P.O. Box 465
Hudson, WI 54016
800-535-0006
AIA Document A312TM—2010.The American Institute of Architects. 06170
Init. 1
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
a contract to be for execution by the
Contract,arrange forprepared
performance and completion of the Construction g
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 lithe Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312"'—2010.The American Institute of Architects.
init. 2
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contractor to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law,the minimum period of!imitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A3I2TM—2010.The American Institute of Architects.
3
§16 Modifications to this bond are as follows: None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that
changes will not be obscured.
Init. AIA Document A312TM—2010.The American Institute of Architects.
4
Bond NO. GRWI28625B
IttiWs A Enallaal
Document A312 - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
INTERSTATE PUMP&TANK,LLC of business)
901 Niagara Street Granite Re, Inc. This document has important legal
Waukesha,WI 53186 14001 Quailbrook Dr consequences.Consultation with
OWNER: Oklahoma City,OK 73134 an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
City Of Oshkosh
Any singular reference to
215 Church Ave Contractor,Surety,Owner or
Oshkosh,WI 54903 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: / / AIA Document A312-2010
combines two separate bonds,a
Performance Bond and a
Amount: $323,765.51 Payment Bond,into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Underground Fuel Tank Replacement Oshkosh Transit Department
BOND
Date: 11/06/2020
(Not earlier than Construction Contract Date)
Amount: $323,765.51
Modifications to this Bond: ®None ❑See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal) .
INTERSTATE MP&T ,LLC Granite Re, Inc.
Signature: Signature:
Name j y ��n `i _�/l�`S Eliot Motu,Attorney-in-fact
and Ti /��p
tle:(� f• 1 4 c and Title:
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
J. Ryan Bonding, Inc. (Architect, Engineer or other party:)
2920 Enloe St. Ste 103 Owner
P.O. Box 465
Hudson, WI 54016
800-535-0006
AIA Document A312T"-2010.The American Institute of Architects. 061110
Init. 5
1
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends, indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands, liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attomey's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
Init. AIA Document A312T"—2010.The American Institute of Architects.
6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond. •
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init. AIA Document A312TM—2010.The American Institute of Architects.
7
1
§16.4 Owner Default, Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows: None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CAUTION:You should sign an original AlA Contract Document,on which this text appears in RED.An original assures that
changes will not be obscured.
AIA Document A3127"-2010.The American Institute of Architects.
Init. 8
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 MINNESOTA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT
MOTU 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:
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT
MOTU 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 President and Secretary/Treasurer, this 3,d day of January, 2020.
' qEH1TE
S AL Kenneth D.Whittin ton, President
STATE OF OKLAHOMA ) /- � i'
SS:
COUNTY OF OKLAHOMA ) Kyle P. McDonald,Treasurer
On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company
and Kyle P. McDonald, 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 Kenneth D.Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of
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 President and Secretary/Treasurer, respectively, of the Company.
St voinM,r�wc F ' er X 6 ,0,1.4
My Commission Expires:
August 8, 2021 n�"ovow ,��`., .7 Notar Public
Commission#: 01013257
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 1 5, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect.
i "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."
I WITNESS WHEREOF, the ndersigne has subscribed this Certificate and affixed the corporate seal of the Corporation this
\)
day of N'� 20 N%,Ew
SEAL �G� �, /Y(//f/" " ""!J
It/
Kyle P. McDonald, Secretary/Treasurer
GRO800-1