HomeMy WebLinkAboutFloor Repacement, Senior Center � i iJAL
CONTRACTOR AGREEMENT:
FLOORING REPLACEMENT: OSHKOSH SENIORS CENTER
CITY OF OSHKOSH
THIS AGREEMENT,made on the 271h day of JANUARY,2017,by and between the CITY OF
OSHKOSH, party of the first part,hereinafter referred to as CITY, and GEGARE TILE INC., 1337
RUSSET CT, GREEN BAY, WI 54313,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:
1. Proposal Solicitation
2. This Instrument
3. 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. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(Tom Jones,Project Manager, Gegare Tile Inc.)
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
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:
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(Jon G. Urben, General Services Manager)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's Invitation for Bid for the
Project titled "Oshkosh Seniors Center Flooring Replacement" dated December 17, 2016, 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 May 1,
2017.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of $27,733.00,
adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. 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.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a
written amendment to this agreement executed by both parties prior to proceeding with the work
covered under the subject amendment.
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ARTICLE VIII. CONTRACTOR 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 IX. 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 X. TERMINATION
A. 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.
B. 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.
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In the Presence of: CONTRACTOR/CONSULTANT
n.
Bv:
atz&
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. ohloff, City Manager
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An s)
And:
9(Won ss) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
dji -
y Attorney
City Comptroller
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CITY OF OSHKOSH BID PROPOSAL FORM
OSHKOSH SENIORS CENTER FLOORING REPLACEMENT
Page Iof2
From: Gegare Tile Inc. (bidder's company name)
BID PROPOSAL DEADLINE: THURSDAY,JANUARY 12,2017 010:00 A.M.
Date: 1/12/17
Addenda: Receipt of Addenda numbered n/a of are hereby understood,
acknowledged and included in bidder's bid proposal form. if no addenda were issued for this
project please write "NIA"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):
BASE BID:
a. Oshkosh Seniors Center South Building: CARPET TILL;
-Staff Offices
- Great loom
-Former LSS Room (front conference room)
-Willows South and Willows North Conference Rooms
-Lucille Mosling Grams Conference Room
-Nurses Office front area only
b. Oshkosh Seniors Center South Building: VINYL,PLANK FLOORING
-Staff Breakroom
c, Oshkosh Seniors Center North Building: CARPET TILE
-Staff Offices
TOTAL BASE BID: $ 27,733.00
Twenty-Seven Thousand Seven Hundred Thirty-Three
(Base Bid Price—in.Words)
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CITY OF OSHKOSH BID PROPOSAL FORM
OSHKOSH SENIORS CENTER FLOORING REPLACEMENT
Page 2 of 2
Warranty Details: 1 yr from completion&manufacturers warranty
SIGNATURES
Date; 1/12/17 Name of Company; Gegare Tile Inc.
Submitted by: (name/title) Tom ones Email; , tom@gegaretile.com
Address of Company; 1337 Russet Ct. Green Bay,Wi 54313 Phone: 920593-5603
Company Representative that will be named Project Manager for this project,if awarded
the bid; Tom Jones
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 Project Manager
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Bond NO. GRW124128B
0-AIA Document A312 TM — 2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
GEGARE TILE, INC. of'business)
1337 Russett Ct Granite Re, Inc. This document has important legal
Suamico,WI 54313 14001 Quailbrook Dr consequences.Consultation with
OWNER: Oklahoma City,OK 73134 an attorney is encouraged with
Name, legal status and address respect to its completion or
( g ) 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: 1/27/2017 AIA Document A312-2010
combines two separate bonds,a
Amount: Performance Bond and a
$27,733.00 Payment Bond,into one form.
Description: This is not a single combined
Performance and Payment Bond.
(Name and location)
Flooring Replacement:Oshkosh Seniors Center
Oshkosh,WI
BOND
Date: 3/13/2017
(Not earlier than Construction Contract Date)
Amount: $27,733.00
Modifications to this Bond: ®None ❑See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
GEGARE TILE, INC. Granit g Re, Inc.
Signature: Signature: f6 ,e7-,, �
Name �„� , Connie Smith,Attorney-in-fact
and Title: � 7a�arx �r and Title:
(Any additional signatures app ar 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 N/A
P.O. Box 465
Hudson, WI 54016
800-535-0006
Init. AIA Document A312TM—2010.The American Institute of Architects. osis iu
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§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 die 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,tite 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
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
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 If the 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 Sw•ety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
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Init. AIA Document A312TM—2010.The American Institute of Architects.
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§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.I,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 Contract or 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 limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
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§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.
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E §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.
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§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
I shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A3121"'—2010.The American Institute of Architects.
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§16 Modifications to this bond areas follows: None
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(Space is provided below for additional signatures of added patties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
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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.
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Init. AIA Document A312T"—2010.The American Institute of Architects.
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Bond No. GRW124128B
fiAIA Document A312 TM - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
GEGARE TILE, INC. of business)
1337 Russett Ct Granite Re,Inc. This document has important legal
Suamico,WI 54313 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: 1/27/2017 AIA Document A312-2010
combines two separate bonds,a
Performance Bond and a
Amount: $27,733.00 Payment Bond,into one form.
j This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
j Flooring Replacement:Oshkosh Seniors Center
Oshkosh,WI
BOND
€ Date: 3/13/2017
(Not earlier than Construction Contract Date)
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Amount:
$27,733.00
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Modifications to this Bond: ❑None ® See Section 18
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CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Carparate al)
GEGARE TILE,INC. 0fa11J�e Re, Inc
Signature: Signature:
Name m S Connie Smith,Attorney-in-fact
and Title: P"'kz- � 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 parry.)
2920 Enloe St. Ste 103 N/A
P.O. Box 465
Hudson, WI 54016
800-535-0006
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Init. AIA Document A312T"—2010.The American Institute of Architects. 061110
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§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 terns.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends, indemnifies and holds
harmless the Owner frorn 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,indernnify 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).
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§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).
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§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:
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§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
E stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
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€, §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
4 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 attorney'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 shal I 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.
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AIA Document A312T —2010.The American Institute of Architects.
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§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 tulder 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 ftirnish 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 amourit 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 A312T"—2010.The American Institute of Architects.
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§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:
Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision:
Within a reasonable time(1)after the claimant has satisfied the conditions of Paragraph 5 and(2)after the Surety has reviewed all
supporting documentation it requested to substantiate the amount of the claim,the Surety shall pay or arrange for payment of any
undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the
Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may
bring suit against the Surety as provided under this Bond.
(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 he obscured.
Init. AIA Document A312TM'—2010.The American Institute of Architects.
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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;
MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY;'CONNIE SMITH its true and
lawful Attorney-in-Facts)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 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 July,2013.
4P'�"�Pa4 FSC
Kenneth D.Whitting on, President
STATE OF OKLAHOMA ) s E L
COUNTY OF OKLAHOMA ) Kyle' .McDonald,Treasurer
On this 3`d day of July, 2013, 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.
My Commission Expires:
August 8,2017 °� Nota Public
Commission#:01013257
GRANITE RE,INC.
Certificate
THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re, Inc.,an Oklahoma Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc. 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 seal shall not be necessary to the validity of any such instrument or undertaking."
IN Wql,4ESS WHEREOF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
dayof /11dC 20 /�7. T6 e. /J
Op?eM1v"„F�Q _ n KJ/
s-E A L �!/
,� Kyle P.McDonald,Secretary/Treasurer
GR0800-1