HomeMy WebLinkAboutAbatement Specialties-1/9/2012Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
CONTRACT FOR ASBESTOS ABATEMENT SERVICES
212, 302, 306-308, 312 Jefferson Streets and 319 W. 2nd Street
This Contract for Asbestos Abatement Services (the "Contract") is entered into as of
January 9, 201(by and between the City of Waterloo, Iowa ("City") and Abatement Specialties
("Contractor").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Term and Services. For a period of six (6) weeks after the date of this Contract,
subject to extension upon the mutual written agreement of the parties, the Contractor agrees to
furnish all tools, labor and materials, and perform and substantially complete all work within the
time period stated in the specifications after receipt of Notice to Proceed with respect to a given
property or set of properties. By executing this Contract, Contractor certifies that it holds an
asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work
on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor
agrees that such permit and licenses will be maintained during the term of this Contract. Work to
be performed includes all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in the Contractor's RFP
response Contractor will be paid for all items satisfactorily completed. Such payment will be
full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for
complying with all laws, rules, regulations and ordinances, including safety, and for furnishing
all materials, equipment and labor to complete the work in accordance with the plans and
specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Proposal
b. Addenda
c. Response (Proposal) from the Contractor
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
2.1 Contract Limits. Total actual expenses allowed by the project Contract, including
any renewal extensions of the Contract, should not exceed $ 32,523.00.
3. Approval; Timing of Work. Contractor shall not begin work until after the
Contract has been approved by the City Council and a completely executed copy has been
returned to Contractor with Notice to Proceed. The work shall commence on January 23, 2012
after the City has issued a Notice to Proceed with respect to any particular property or set of
properties, and all work shall be completed and delivered within 6 weeks after issuance of the
Notice to Proceed.
4. Performance Bond. Contractor shall furnish a bond in an amount equal to One
Hundred percent (100%) of the contract price and shall be issued by a responsible surety
acceptable to the City. The bond shall guarantee the faithful performance of the contract and the
terms and conditions therein contained, shall guarantee the prompt payment of all materials and
labor and protect and shall save harmless the City from claims and damages of any kind arising
out of the performance of this contract.
5. Reporting; Records. Contractor shall exercise best efforts to maintain
communication with City personnel whose involvement in the project is necessary or advisable
for successful and timely completion of the work of the project. Communications between the
parties shall be verbal or in writing, as requested by the parties or as dictated by the subject
matter to be addressed. Contractor shall maintain all project records for a minimum period of
three (3) years after the date of final payment for services rendered under this Contract. During
the term of this Contract and for the ensuing record -retention period, Contractor shall make any
or all project records available upon reasonable request, and in any event within two (2) business
days of request, to City, and any other agency of state or federal government, or the duly
authorized representatives of any of the foregoing, that has provided funding or oversight for the
pre demolition asbestos abatement project, for the purpose of making audit, examination,
excerpts and/or transcriptions. For purposes of this section, "records" means any and all books,
documents, papers and records of any type or nature that are directly pertinent to this Contract.
Contractor agrees to furnish, upon termination of this Contract and upon demand by the City,
copies of all basic notes and sketches, charts, computations, and any other data prepared or
obtained by the Contractor pursuant to this Contract, without cost and without restrictions or
limitation as to the use relative to specific projects covered under this Contract. In such event, the
Contractor shall not be liable for the City's use of such documents on other projects.
6. Reserved.
7. Indemnity. Except as to any negligence of City, its officials, officers, employees
or agents, in the performance of any duty under this Contract, and to the extent not covered by
insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its
officials, officers, employees and agents, and to hold same harmless, from and against any and
all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but
limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or
omissions of Contractor in providing the services contemplated by this Contract.
8. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 14 -day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14 -day period), then City may declare
that Contractor is in default hereunder and may take any one or more of the following steps, at its
option:
2
a, by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any
acts or things which may be unlawful or in violation of the rights of the City
hereunder, or obtain damages caused to the City by any such default;
b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c, declare a default of this Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
this Contract;
d. terminate this Contract by delivery to Contractor of written notice of
termination; and/or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but
not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Contractor in a suit or other enforcement action
hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City.
9. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice
of intent to terminate.
10. Non -Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
11. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes
of any kind from any payments which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which employees of City are entitled to receive
and shall not be entitled to workers', compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees, if
any.
12. Anti -Discrimination. During the performance of this Contract, Contractor, for
itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws
3
of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
13. Severability. In the event any provision of this Contract, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Contract shall not be affected thereby and shall continue in full
force and effect. If, for any reason, a court finds that any provision of this Contract is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
14. General Terms. This Contract, together with the Contract Documents, constitutes
the entire agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and the heirs, personal representatives, successor and
assigns of each. Time is of the essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos
Abatement Services as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
,,L,,tefer4A
Ernest G. Clark, Mayor Dave Bloss -Abatement Specialties
Attest: tL
tea+
Suzy Scharet, qty Clerk
4
CITY OF WATERLOO, IOWA
Request for Proposal
December 2011
ASBESTOS ABATEMENT SERVICES
212 Jefferson, 302 Jefferson, 306-308 Jefferson,
and 312 Jefferson Streets, and 319 W. 2nd
Street
City of Waterloo, Iowa
Prepared by
City of Waterloo
Planning and Zoning Department
Addendum
The City of Waterloo acquired 319 W. 2nd Street after the RFP's were mailed to the each
of you for asbestos abatement services. However, the city would like to add to the
original RFP 319 W. 2nd Street, which brings the total number of properties to 5.
Jefferson Street Properties:
-212 Jefferson
-302 Jefferson
-306-308 Jefferson
-312 Jefferson Streets
THE AMERICAN INSTITUTE OF ARCHITECTS
Premium Amount Based
on Final Contract Amount
Bond No. GRIA33794A
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Abatement Specialties, LLC
201 - 30th St. Dr. SE
Cedar Rapids, IA 52403
OWNER (Name and Address):
City Of Waterloo
715 Mulberry Street
Waterloo, IA 50703
SURETY (Name and Principal Place of Business):
Granite Re, Inc.
14001 Quailbrook Drive
Oklahoma City, OK 73134
CONSTRUCTION CONTRACT
Date: 1/09/2012
Amount: $32,523.00
Description (Name and Location):
Asbestos Abatement Services: 212, 302, 306-308, 312 Jefferson Streets and 319 W. 2nd Street, Waterloo, Iowa
BOND
Date (Not earlier than Construction Contract Date): 1/23/2012
Amount: $32,523.00 (THIRTY TWO THOUSAND FIVE HUNDRED TWENTY THREE AND 00/100)
Modifications to this Bond: [X] None L] See Page 3
CONTRACTOR AS PRINCIPAL
COMPANY: (Corporate Seal)
Abatement Special LLC
Signature:
Name and Title:
ic- ide, 1
(Any additional signatures appear on page 3)
SURETY
COMPANY:
Granite Re, Inc.
Signature:
(Corporate Seal)
Name and Title: Tom Lahl, Attorney -in -Fac
FOR INFORMATION ONLY -Name, Address and Telephone
AGENT OR BROKER:
Pate Bonding, Inc.
1276 South Robert Street
West St. Paul, MN 55118
(651)457-6842
OWNER'S REPRESENTATIVE (Architect,
or Engineer or other party):
City Engineer
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006
THIRD PRINTING - MARCH 1987
A 312-1984 1
b
1. The Contractor and the 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 to participate in conferences as
provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able 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; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4. When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the 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 Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its rights 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, tender payment therefore to the
Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefore.
5. If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the
payment tendered 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.
6. After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
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. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction 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, or successors.
8. The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9. 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 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 oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available
AM DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20006
THIRD PRINTING - MARCH 1987
A 312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11. When this Bond has been fumished 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 here from and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 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 Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
None
tractor 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, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: Company:
(Corporate Seal) (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D., AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008
THIRD PRINTING - MARCH 1987
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. GRIA33794A
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Abatement Specialties, LLC
201 - 30th St. Dr. SE
Cedar Rapids, IA 52403
OWNER (Name and Address):
City Of Waterloo
715 Mulberry Street
Waterloo, IA 50703
SURETY (Name and Principal Place of Business):
Granite Re, Inc.
14001 Quailbrook Drive
Oklahoma City, OK 73134
CONSTRUCTION CONTRACT
Date: 1/09/2012
Amount: $32,523.00
Description (Name and Location):
Asbestos Abatement Services: 212, 302, 306-308, 312 Jefferson Streets and 319 W. 2nd Street, Waterloo, Iowa
BOND
Date (Not earlier than Construction Contract Date): 1/23/2012
Amount: $32,523.00 (THIRTY TWO THOUSAND FIVE HUNDRED TWENTY THREE AND 00/100)
Modifications to this Bond: [ ] None [X] See Page 6
CONTRACTOR AS PRINCIPAL SURETY
COMPANY:
(Corporate Seal)
Abatement Specialyl<es, LLC
Signature:
Name and Title: i7f 6. 5 / e 1,1 t -
B
(Any additional signatures appear on page 6)
COMPANY: (Corporate Seal)
Granite Re, Inc.
Signature:
Name and Title: Tom Lahl, Attorney -in- ac
FOR INFORMATION ONLY -Name, Address and Telephone
AGENT OR BROKER:
Pate Bonding, Inc.
1276 South Robert Street
West St. Paul MN 55118
(651)457-6842
OWNER'S REPRESENTATIVE (Architect,
Engineer or other party):
City Engineer
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008
THIRD PRINTING - MARCH 1987
A312-1984 4
}
f
1. The Contractor and the 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 perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2. With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly, or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials, or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens, or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the addres described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to
the Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7. The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8. Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance 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
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9. The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
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. No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction 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.
12. Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
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 here from and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1884 ED., AIA®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W„ WASHINGTON, D.C. 20008
THIRD PRINTING - MARCH 9987
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14. Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly fumish a copy of this Bond or shall permit a copy
to be made.
15. DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to fumish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, Tight, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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 fumished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
Paragraph 6 of the 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 4 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: Company:
(Corporate Seal) (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
A312-1984 6
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of )
County of )
On this day of , in the year , before me personally come(s)
, to me known and known to me to be the person(s) who (is) (are) described in
and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of )
County of )
On this
day of
in the year before me personally come(s)
, a member of the co -partnership of
to me known and known to me to be the person who is described in and
executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co -partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of re' - )
County of �/� ))
On this Y 7 3 day of I , in the year , before me personally come(s)
Det et ti t cI )3j /C7 J , to me known, who, being duly swoom, deposes and says that he is the
r ,5 l n t of the 6/leC-/4 /hes
s L- t C
the corporation described in and which executed the foregoing instrument; that he knows the seal of
the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said
corporation, and that he signed his name thereto by like order.
OEM COSY
it, NOTARY Pt*JC STATECIFKIWA
MirCOMMISSION :COMMISSION MAIM r Notary Public
State of Minnesota )
County of Dakota )
ACKNOWLEDGMENT OF SURETY
On this 23rd day of January, in the year 2012, before me personally come(s) Tom LahI, Attomey(s)-in-Fact of Granite Re, Inc. with whom I am
personally acquainted, and who, being by me duly swom, says that he is (are) the Attomey(s)-in-Fact of Granite Re, Inc. company described in and
which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such
corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attomey(s)-in-Fact of the
said company by like order.
USA M. FRANCOUR
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31, 2015
Notary Public
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES its true and lawful Attorney-in-Fact(s) for the
following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed
and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all
and whatsoever the said:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; USA M. FRANCOUR; JENNIFER BOYLES 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 14th day of January, 2008.
STATE OF OKLAHOMA )
) SS:
COUNTY OF OKLAHOMA )
Kenneth D. Whittingon, President
Rodman A. Frates, Secretary/Treasurer
On this 14th day of January, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company
and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of
the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said
corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of
said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company.
My Commission Expires:
May 9, 2008
Commission #: 00005708
C*4& Notary Publ c
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 WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
23rd day of January, 2012.
,;t€2: -....
an A. Frates, Secretary/Treasurer