HomeMy WebLinkAboutRiverside Cemetery Office Roof Replacement Oshkosh Industrial Roofing & Sheet Metal!*v s,
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CONTRACTOR AGREEMENT.
RIVERSIDE CEMETERY OFF/CE ROOF REPLACEMENT
CITY OF OSHKOSH
THIS AGREEMENT, made on the 20th day of May, 2016, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
OSHKOSH INDUSTRIAL ROOFING & SHEET METAL, LLC, P.O. BOX 1,
WINNEBAGOW, WI 54985, 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. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following
individual to manage the project described in this contract:
(Paul Stueber, Oshkosh Industrial Roofing & Sheet Metal, LLC)
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 II. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this
contract:
(Jon Urben, General Services Manager)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide the services described in their bid proposal 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
1
products/services are requested in writing by the Authorized Representative of the
City.
ARTICLE IV. 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 V. TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later
than September 30, 2016.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
$54,126, 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.
ARTICLE IV. CONTRACTOR TO HOLD CITY HA
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
2
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 V. 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 VI. 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.
3
In the Presence of:
T�.
(Seal of Contractor
if a Corporation.)
n
APPROVED:
4�City A ney
CONTRACTOR /CONSULTANT
By
A L xl,LD
(Specify Title)
M
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. R hloff, City Manager
And:
Pamela R. Ubrig, City Clerk
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
��rU. o., o,-^
City Comptro ler
SECTION 004100
BID FORM
THE PROJECT AND THE PARTIES
1.01 TO:
City of Oshkosh
City Manager c/o City Clerk's Office - Room 104
215 Church Avenue
Oshkosh, Wisconsin 54903
1.02 FOR (PROJECT): 13694 CITY OF OSHKOSH RIVERSIDE CEMETERY ROOF REPLACEMENT
2016
1.03 BID DUE DATE: THURSDAY, MAY 12, 2016, AT 10:00A.M.
1.04 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS)
A. Bidder's Full Name Oshkosh Industrial Roofing & Sheet Metal, LLC
1. Address PO Box 1
2. City, State, Zip Winnebago, WI 54985
3. Phone: 920-235-2620
4. Fax: 920-235-3878
5. Email: paul@oshkoshindustrial.com
1.05 BASE BID
A. Roof Work on Roof Areas 2 and 3 at Riverside Cemetery and related work.
B. Having examined the Place of The Work and all matters referred to in the Instructions to
Bidders and the Contract Documents prepared by the Consultant for the above mentioned
project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the
Sum of:
Fifty four thousand one hundred twenty six---- dollars.
($ 54,126.00 ), in lawful money of the United States of America.
C. We have included the required security deposit as required by the Instruction to Bidders.
D. All applicable federal taxes are excluded and State of Wisconsin taxes are excluded in the Bid
Sum.
13694 / CoO Riverside Cemetery 2016 004100-1 BID FORM
1.06 ACCEPTANCE
A. This offer shall be open to acceptance and is irrevocable for thirty-five (35) days from the bid
closing date.
B. If this bid is accepted by Owner within the time period stated above, we will:
1, Commence work on or after contract award.
1.07 CONTRACT TIME
A. Complete the Work by Friday, September 30, 2016.
1.08 CHANGES TO THE WORK
A. When the Consultant establishes that the method of valuation for Changes in the Work will be
net cost plus a percentage fee in accordance with General Conditions, our percentage fee will
be:
1. 10 % percent overhead and profit on the net cost of our own Work;
2. $ 75 Roofing Foreman Time (per man hour).
3. $ 75 Roofing Journeyman Time (per man hour).
4, $ 75 Roofing Apprentice Time (per man hour).
5. $ 100 Sheet Metal Foreman Time (per man hour).
6. $ 100 Sheet Metal Journeyman Time (per man hour).
7. $ 100 Sheet Metal Apprentice Time (per man hour).
1.09 ADDENDA
A. The following Addenda have been received. The modifications to the Bid Documents noted
below have been considered and all costs are included in the Bid Sum.
1. Addendum # Dated
2. Addendum # Dated
1.10 BID FORM SUPPLEMENTS
A. The following information is included with Bid submission:
B. The following Supplements are attached to this Bid Form and are considered an integral part of
this Bid Form:
1. Document 004336 - Subcontractors: Include the names of all Subcontractors and the
portions of the Work they will perform.
13694 / CoO Riverside Cemetery 2016 004100-2 BID FORM
1.11 BID FORM SIGNATURE(S)
The Corporate Seal of
Oshkosh Industrial Roofing & Sheet Metal, LLC
(Bidder - print the full name of your firm)
was hereunto affixed in the presence of:
Paul Stueber, Vice President
signing officer, Title)
(Seal)
(Authorized signing officer, Title)
1.12 IF THE BID IS A JOINT VENTURE OR PARTNERSHIP, ADD ADDITIONAL FORMS OF
EXECUTION FOR EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM
OR FORMS AS ABOVE.
END OF BID FORM
13694 / CoO Riverside Cemetery 2016 004100-3 BID FORM
SECTION 004336
PROPOSED SUBCONTRACTORS FORM
PARTICULARS
1.01 HEREWITH IS THE LIST OF SUBCONTRACTORS REFERENCED IN THE BID SUBMITTED BY:
1.02 (BIDDER)
1.03 TO (OWNER) CITY OF OSHKOSH
1.04 DATED AND WHICH IS AN INTEGRAL PART OF THE BID FORM.
1.05 THE FOLLOWING WORK WILL BE PERFORMED (OR PROVIDED) BY SUBCONTRACTORS
AND COORDINATED BY US:
LIST OF SUBCONTRACTORS
2.01 WORK SUBJECT..................................SUBCONTRACTOR NAME
ADDRESS
PHONE
FAX
2.02 WORK SUBJECT..................................SUBCONTRACTOR NAM
ADDRESS
PHONE FAX
END OF PROPOSED SUBCONTRACTORS FORM
13694 / CoO Riverside Cemetery 2016 004336-1 PROPOSED SUBCONTRACTORS FORM
ACORa CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY)
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
`--�
5/16/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
HNI Risk Services of Wisconsin
PO Box 510187
UUNIACI
NAME:
PHONE
(A/C, No Ext): 262-782-3940 (A/C, No): 262-782-4198
E-MAIL
ADDRESS: Certs hni.com
INSURER(S) AFFORDING COVERAGE NAIC#
New Berlin WI 53151
INSURERA: Acuity Mutual Insurance Company
X69637
INSURED Oshkosh Industrial Roofing & Sheet Metal, LLC
INSURER B:
INSURER C:
PREMISES (Ea occurrence) $ 250.000
4868 Cty Hwy A
INSURER D:
PO Box 1
INSURER E:
Winnebago WI 54985
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INSR
SUBR
WVD
POLICY NUMBER
MM DI DYE
POLICY
MM DDIYYYY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 7 OCCUR
Y
X69637
05/09/2016
05/09/2017
EACH OCCURRENCE $ 1,000,000
PREMISES (Ea occurrence) $ 250.000
MED EXP (Any one person) $ 10,000
PERSONAL &ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X jE�a LOC
PRODUCTS - COMP/OP AGG $ 3,000,000
$
A
AUTOMOBILE
X
LIABILITY
A1NY AUTO
Y
X69637
05/09/2016
5/09/2017(Ea
UO accident) $ 1,000,000
BODILY INJURY (Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS
( BODILY INJURY Per accident) $
NON -OWNED
HIREDAUTOS AUTOS
PROPERTY D AGE
(Per accident) $
A
X
UMBRELLA LIAB
I X
OCCUR
X69637
05/09/2016
05/09/2017
EACH OCCURRENCE $ 5,000,000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE $ 5,000,000
DED I I RETENTION$
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICEIMEMBER EXCLUDED? N❑
WA
X69637
05/09/201605/09/2017
OTIF
X TORY lAIU- —TLIMITS ER-
E.L. EACH ACCIDENT $ 100.000
E.L. DISEASE - EA EMPLOYE $ 100,000
(Mandatory in NH)
If yes, describe under
E.L. DISEASE -POLICY LIMIT I $ 500,000
npqr MR h.1.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Re: Riverside Cemetery Roof Replacement
City of Oshkosh is included as an Additional Insured on the General Liability
and Automobile Liability, with respect to liability resulting from work
performed by the Named Insured, as required by written contract.
The Umbrella follows form.
CERTIFICATE HOLDER CANCELLATION
City of Oshkosh
Attn: City Clerk
216 Church Avenue
PO Box 1130
Oshkosh
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
WI 54903-1130 i a�
CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTO- CG -7194(5-05)
MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH
YOU - PRIMARY AND NONCONTRIBUTORY
This endorsement modifies insurance provided under dering of, or the failure to render, any pro -
the following: fessional architectural, engineering or sur -
COMMERCIAL GENERAL LIABILITY COVERAGE PART veying services, including:
1. Section II - Who Is An Insured is amended to
include as an additional insured any person or
organization for whom you are performing oper-
ations when you and such person or organiza-
tion have agreed in writing in a contract or
agreement that such person or organization be
added as additional insured on your policy.
Such person or organization is an additional
insured only with respect to liability for bodily
injury, property damage or personal and ad-
vertising injury caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured.
A person's or organization's status as an addi-
tional insured under this endorsement ends
when your operations for that additional insured
are completed.
2. With respect to the insurance afforded to these
additional insureds, the following additional ex-
clusions apply:
This insurance does not apply to:
a. Bodily injury, property damage or personal
and advertising injury arising out of the ren -
(1) The preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
b. Bodily injury or property damage occurring
after:
(1) All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured(s) at the location of the
covered operations has been complet-
ed; or
(2) That portion of your work out of which
the injury or damage arises has been
put to its intended use by any person
or organization other than another con-
tractor or subcontractor engaged in per-
forming operations for a principal as a
part of the same project.
3. The insurance provided by this endorsement is
primary and noncontributory.
ADDITIONAL INSURED - COMPLETED OPERATIONS - PRIMARY CG -7274(5-13)
AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED
IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR
CONTRACTORS)
This endorsement modifies insurance provided under
the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. Section II - Who Is An Insured is amended to
include as an additional insured:
a. Any person(s) or organization(s) for whom
you have performed operations if you and
such person(s) or organization(s) have
agreed in writing in a contract or agreement
that such person(s) or organization(s) be
added as an additional insured on your poli-
cy for completed operations; and
b. Any other person(s) or organization(s) you
are required to add as an additional insured
under the contract or agreement described
in paragraph a above.
Such person or organization is an additional
insured only with respect to liability included in
the products -completed operations hazard for
bodily injury or property damage caused, in
whole or in part, by your work performed for
that additional insured at the location desig-
nated and described in the contract or agree-
ment.
2. This insurance does not apply to:
a. Bodily injury or property damage which oc-
curs prior to the execution of the contract or
agreement described in item 1; or
b. Bodily injury or property damage that oc-
curs after the time period during which the
contract or agreement described in item 1
requires you to add such person or or-
ganization onto your policy as an additional
insured for completed operations; or
c. Bodily injury or property damage arising out
of the rendering of, or the failure to render,
any professional, architectural, engineering
or surveying services, including:
(1) The preparing, approving or failing to pre-
pare or approve maps, shops drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; or
(2) Supervisory, inspection, architectural or
engineering activities.
3. The insurance provided by this endorsement is
primary and noncontributory.
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG -7321(1-08)
This endorsement modifies insurance provided under
the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABIL-
ITY COVERAGE FORM
POLLUTION LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY
COVERAGE FORM
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
If aggregate insured losses attributable to terrorist
acts certified under the federal Terrorism Risk Insur-
ance Act exceed $100 billion in a Program Year
(January 1 through December 31) and we have met
our insurer deductible under the Terrorism Risk In-
surance Act, we shall not be liable for the payment
of any portion of the amount of such losses that
exceeds $100 billion, and in such case insured
losses up to that amount are subject to pro rata
allocation in accordance with procedures established
by the Secretary of the Treasury.
"Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in concur-
rence with the Secretary of State and the Attorney
General of the United States, to be an act of terror-
ism pursuant to the federal Terrorism Risk Insurance
Act. The criteria contained in the Terrorism Risk
Insurance Act for a certified act of terrorism include
the following:
1. The act resulted in insured losses in excess of
$5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and
2. The act is a violent act or an act that is
dangerous to human life, property or infrastruc-
ture and is committed by an individual or in-
dividuals as part of an effort to coerce the
civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.
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Bid Bond SAIA Document A310 TM
CONTRACTOR: -2010
Name, legal status and address) Bid Bond No. GR07681
OSHKOSH INDUSTRIAL ROOFING 8■
SHEET METAL, LLC
P.O. Box 1
Winnebago, WI 54985 SURETY:
(.Name, legal status and principal This document has important legal
place of business) consequences. Consultation with
an attomey 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)
Riverside Cemetery; Project No. 13694
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 11th day of May, 2016
AtA Document A310"'— 2010, Copyright OT963,—WO and 2010 by The American Institute of Architects. All rights rose. WARNING: Mrs AIA;
UoCuinent �, protected by 7 S. Copyright Lave and international Treaties, Una;rthurried reproduction or distrihutio of this AW nncoinent, or
any portion of it, may recut n severe cvil and cnminal penalties, rind will be prosecuted to the rnarnrnutn extent po s,ble under the law.
The American Institute of Architects' legal counsel, copyright0aia.oro. 061110
GRANITE R.E, 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 Attomey-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 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' day of July, 2013.
'
On this 3rd 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 � ,ter,
Commission #: 01013257 'oa�'v�'
GRANRE 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."
I !TNESS WHEREO igned subscribed this Certificate and affixed the corporate seal of the Corporation this
day of , 20
—kv
SEAL
Kyle P. McDonald, Secretary/Treasurer
1010110X-15
Z:-nneth D. Whittington, President
STATE OF OKLAHOMA
) SS:
COUNTY OF OKLAHOMA )
Kylek McDonald, Treasurer
On this 3rd 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 � ,ter,
Commission #: 01013257 'oa�'v�'
GRANRE 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."
I !TNESS WHEREO igned subscribed this Certificate and affixed the corporate seal of the Corporation this
day of , 20
—kv
SEAL
Kyle P. McDonald, Secretary/Treasurer
1010110X-15
M
I Document A312TM —2010
Performance Bond
CONTRACTOR:
(Name, legal status and address)
OSHKOSH INDUSTRIAL ROOFING & SHEET METAL, LLC
P.O. Box 1
Winnebago, WI 54985
OWNER:
(Name, legal status and address)
City Of Oshkosh
215 Church Ave.
Oshkosh, WI 54903
CONSTRUCTION CONTRACT
Date: 5/20/2016
Amount: $54,126.00
Description:
(Name and location)
Riverside Cemetery Office Roof Replacement
City of Oshkosh, Wisconsin
SURETY:
(Name, legal .status and principal place
of business)
Granite Re, Inc.
BOND
Date: 6/16/2016
(Not earlier than Construction Contract Date)
Amount: $54,126.00
14001 Quailbrook Dr
Oklahoma City, OK 73134
Modifications to this Bond: IN None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal)
Company: (Corporate Seal)
OSHKOSH I*RIALRG & SHEET METAL, LLC
Granite e, Inc.
Signature:
Signature:
Name
and Title: V.t
Robert Downey, Attorney n -fact
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
SEG
P.O. Box 465
122 E Olin Ave
Hudson, WI 54016
Madison, WI 53713
800-535-0006
Bond NO. GRW123513B
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Init. AIA Document A312TM — 2010. The American Institute of Architects. 0Gt110
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
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 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.
Init. AIA Document A3121 - 2010. The American Institute of Architects.
§ 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 thejurisdiction 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 tenns 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 tern Contractor in this Bond
shal I 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.
§ 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:
Name and Title:
Address
Signature:
Name and Title:
Address
CAUTION: You should sign an original AIR Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
Init. AIA Document A312 TM — 2010. The American Institute of Architects.
4
Bond NO. GRW123513B
-AA,4
M�zAIA Document A312TM -2010
Payment Bond
CONTRACTOR:
SURETY:
(Name, legal status and address)
(Name, legal status and principal place
OSHKOSH INDUSTRIAL ROOFING & SHEET METAL, LLC
of business)
P.O. Box 1
Granite Re, Inc.
This document has important legal
Winnebago, WI 54985
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
plural where applicable.
CONSTRUCTION CONTRACT
Date: 5/20/2016
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Amount: $54,126.00
Payment Bond, into one form.
This is not a single combined
Description:
Performance and Payment Bond.
(Name and location)
Riverside Cemetery Office Roof Replacement
City of Oshkosh, Wisconsin
BOND
Date: 6/16/2016
(Not earlier than Construction Contract Date)
Amount: $54,126.00
Modifications to this Bond: ❑ None ® See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
OSHKOSH INDU R LOFINIG & SHEET METAL, LLC Granite Re, Inc.
Signature Signature:
Name Robert Downey, ttorney-in-f
and Title: V -P 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 SEG
P.O. Box 465 122 E Olin Ave
Hudson, WI 54016
800-535-0006 Madison, WI 53713
Init. AIA Document A312- - 2010. The American Institute of Architects.
061110
5
§ 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 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 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 A312— —2010. The American Institute of Architects.
§ 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 trader 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 (I ) 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 (I ) 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 perfonnance 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
laim;.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 A3121" — 2010. The American Institute of Architects.
§ 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:
Name and Title:
Address
Signature:
Name and Title:
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.
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 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-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 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.
v oavay,f �'C
Kenneth D. Whittington, President
STATE OF OKLAHOMA ) s E A L
SS:
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
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."
I� WITNESS WHERE F, he ersigne as subscribed this Certificate and affixed the corporate seal of the Corporation this
day of 20 C
S A L
Kyle
� Pw.
McDonald, Secretary/Treasurer
GR0800-1