HomeMy WebLinkAboutBaker Enterprises - FY20 Warp Drive Project RM-8155(764)-9D-07, Cont. No. 977 - 8.17.2020 FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2020 WARP DRIVE R.I.S.E. PROJECT NO. RM-8155(764)-9D-07
CITY OF WATERLOO, IOWA
CONTRACT NO. 977
i
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This contract made and entered into this ! day of kqk.s�, 20W by and
between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to
as City), and Baker Enterprises, Inc. of Waverly, IA, (hereinafter
i
referred to as Contractor), WITNESSETH:
I
PAR. 1 Contractor agrees to build and construct the F.Y. 2020 WARP DRIVE
R.I.S.E. PROJECT NO. RM-8155(764)-9D-07, Contract No. 977, and
furnish all necessary tools, equipment, materials and labor necessary to do
all the work called for in the plans and specifications in a workmanshiplike
manner and for the prices set forth in Contractor's proposal, which was
accepted by the City, and which is understood and agreed to be a part of f
this contract.
PAR. 2 It is understood and agreed that the resolution adopted by the City Council
ordering the construction of the improvement, the Notice to Contractors as i
published, the Instruction to Bidders, the Form of Proposal, the Construction
and Maintenance Bonds, the Council Proceedings relating to this matter,
and the Plans and Specifications shall all be considered as forming a part of
the contract the same as though they were each set out in said contract.
PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary
materials and labor for said work and to construct said improvements in a
thorough, substantial, and workmanlike manner, and in strict accordance
with the requirements of this contract, and of the plans and specifications
made a part hereof by reference, and to the satisfaction and approval of the
City and its engineer.
5
PAR. 4 The Contractor agrees to perform said work and install said improvements E
on the terms set out in bid or proposal to the City which has been accepted
by the City and which is by reference made a part of this contract.
I
FORM OF CONTRACT CONTRACT 977 24- 1
RM-8155(764)--9D-07
4
4
PAR. 5 The Contractor agrees to commence said work within ten (10) working days
after receipt of"Notice to Proceed" and complete it on or before
November 20, 2020 and May 1, 2021* unless an extension of time is granted
in writing by the Council of the City.
*Split Completion Dates, See Contract Documents, Notice to Bidders for Details.
PAR. 6 Should the Contractor fail to complete said improvements in strict
accordance with the terms and conditions of this contract, or the plans and
specifications therefor promptly by the date herein specified, the City may
pay such additional sums as it may be required to pay by reason of the failure
of said contractor and deduct any and all such sums from any amount then
due the Contractor.
PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of
Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping
open passage ways for water, traffic, and protecting any excavations in any
street or alley, and maintaining proper and sufficient barricades with lights
and signals during all hours of darkness, to see that the backfilling is properly
done, and agrees to keep the City whole and defend any and all suits that
may be brought against the City by reason of any injuries that may be
sustained by any person or property allegedly caused by the Contractor, or
his agents, while work is done pursuant to this agreement.
PAR. 8 The Contractor agrees that in the event a law suit is brought against the City
for damages allegedly sustained by reason of any act, omission or
negligence of the Contractor or its agents, or on account of any injuries
allegedly sustained by reason of any obstruction, hole, depression or barrier
placed or dug by the defendant or its agents, in the doing of the work herein
contracted for, that it will defend said suit and save the City harmless therein,
and in case judgment is rendered against the City, the Contractor agrees to
pay the same promptly. The Contractor agrees to carry public liability
insurance in a solvent company in a sufficient amount to protect the City and
those who use the streets of the City.
PAR. 9 The City shall have the right to appoint one or more construction reviewers
who shall review the progress of the work in detail; also, to make any test or
any material to be used in such work. No material shall be used in any work
until the same has first been approved by the construction reviewer. Such
construction reviewer shall have full authority to pass judgment upon all
materials and upon the manner of doing the work, and their judgment on
rejecting any materials, substance, or manner of work shall be final unless it
is revoked or modified by the City Engineer,
FORM OF CONTRACT CONTRACT 977 24-2
RM-8155(764)--9D-07
PAR. 10 Any material, which has been rejected by the construction reviewer, shall be
at once removed from the line of work and shall not be again taken thereon
or placed with the material proposed to be used without the written consent
of the City Engineer,
PAR. 11 The Contractor shall maintain no cause of action against the City on account
of delays and prosecution of work, but if said work is delayed by the City, the
Contractor shall have such extra time for completion of the job as was lost
by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material,
men, or subcontractors who shall perform labor or furnish materials entering
into this improvement. It is agreed that the City need not pay the Contractor
until all such claims are paid by the Contractor. It is agreed that the City shall
not be liable for said labor, material, or men under this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract,
a bond on a form to be provided by the City in the amount provided by law
as stated in the Notice to Bidders, which shall be for the benefit of the City,
and any and all persons injured by the breach of any of the terms of this
contract. Said bond shall be filed with the City Clerk and shall be subject to
the approval of the City Council, and is by reference made a part of this
contract.
PAR. 14 The Contractor agrees that should it abandon work under this contract or
cease the prosecution thereof for a period of thirty (30) consecutive days
without reasonable cause, and should it fail to proceed with said work within
ten (10) days after a notice to continue or carry it on has been mailed to it at
the address given herein by the City, or after such notice has been served
on it, then the City may proceed to complete said work, using any material,
tools, or machinery found along said line of work, doing the work either by
contract or as it may elect, and the Contractor and the sureties on its bond
shall be liable to the City for the costs and expenses so paid out. Said costs
shall be retained by the City from any compensation due, or to become due
the Contractor, and may be recovered by the City in an action upon
Contractor's bond.
PAR. 15 In consideration of the full compliance on the part of the Contractor with all
the provisions, stipulations, and conditions hereof, or contained in the
various instruments made a part of this contract by reference, and upon
completion and acceptance of said work, the City agrees to pay to the
Contractor, in the manner set out in the Notice to Contractors, the amount of
money due the Contractor for work performed and accepted, at the unit
prices set out in the Contractor's proposal, which has been accepted by the
City.
FORM OF CONTRACT CONTRACT 977 24- 3
RM-8155(764)--9D-D7
PAR. 16 The total amount of the contract, based on the Engineer's estimates of
quantities and the Contractor's unit bid prices, and for which 100% surety
bond is required is $869,439.00.
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris
and clean up said streets, and to save the City harmless from any damage
allegedly resulting from a failure to clean up and remove the debris or put
the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this
contract and the various instruments incorporated by reference, this contract
shall govern.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done
under this contract, it shall execute and file a bond in the penal sum of not
less than 100% of the total amount of the contract, same to be known as
"Maintenance Bond," and which bond must be approved by the City Council,
and which bond is in addition to the bond given by the Contractor to
guarantee the completion of the work.
PAR. 20 The Contractor shall maintain all work done hereunder in good order for the
period of two (2) years from and after the date it is accepted by the Council
of the City of Waterloo, Iowa. Said maintenance shall be made without
expense to the City or the abutting property. In the event of the failure or
default of the Contractor to remedy any or all defects appearing in said work
within a period of two (2) years from the date of its acceptance by said
Council, and after having been given ten (10) days notice so to do by
registered letter deposited in the United States Post Office in said town,
addressed to said contractor at the address herein given, then the City may
proceed to remedy such defects. The costs and expenses thereof to be
recovered from the Contractor and the sureties on its maintenance bond by
an action brought in any court of competent jurisdiction.
PAR. 21 The Contractor shall give notice to said City by registered letter directed to
the Mayor or City Clerk/Auditor thereof not more than four (4) and not less
than three (3) months prior to the expiration of the term during which the
Contractor is required to maintain said improvements, in good repair by the
terms of its Contract. The liability of the Contractor and of the sureties on its
bond for maintenance of the said improvements shall continue until three (3)
months after such notice has been given to the City, and, in any event, until
two (2) years after the acceptance of the work.
FORM OF CONTRACT CONTRACT 977 24-4
RM-8155(764)--9D-07
C(I'T\Y OF WATERLOO, IOWA
Mayor
ity Cler
Contractor
BY: S+tV c ilxw
Title: {-
Approveq by the City Council of the City of Waterloo, Iowa, this
day of , 2020.
ATTEST: City Clerk
Waterloo, Iowa
FORM OF CONTRACT CONTRACT 977 24-5
RM-8155(764)--9D-07
Bond No. GRIA44183A
i
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
2203 E. Bremer Ave., PO Box 277
That we, Baker Enterprises, Inc. of Waverly,IA 50677
(tile "Principal'), and Granite Re,Inc., 14001 Quailbrook Drive of Oklahoma
City, Ox 73134 (the"Surety"), are held and firmly bound unto the City of
Waterloo, Iowa*(the "Obligee"), in the penal sum of Eight Hundred Sixty Nine Thousand Four Hundred Thirty
Nine and no/700 Dollars ($ 869,439.00 ), lawful money of the United
States,for the payment nf said sum in connection with a contract (the"Contract") dated on
or about AL
a , L-I i Ze-2-0 for the purpose of Contract 977•Project No.
RM-8155(764)--0-07:FY2620 Warp Drive R.I.S.E, Waterloo,Iowa The Contract is
incorporated herein by reference as though fully set forth herein.
Whenever the Principal shall be and is declared by the Obligee to be in default under the
Contract, with the Obligee having performed its obligations in the Contract, then the
Surety, acknowledging that time is of the essence, may promptly remedy the default, or
shall promptly undertake to:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain one or more bids for completing the Contract in accordance with its
terms and conditions, and upon determination by the Surety of the lowest
responsible bidder, or negotiated proposal, or, if the Obligee elects, upon
determination by the Obligee and the Surety jointly of the lowest responsible
bidder, or negotiated proposal, arrange for a contract between such party
and the Obligee. The Surety will make available as work progresses
sufficient funds to pay the cost of completion less the balance of the
Contract price. The cost of completion includes responsibilities of the
Principal for correction of defective work and completion of the Contract, the
Obligee's legal and design professional costs resulting directly from the
Principal's default, and liquidated damages or actual damages if no
liquidated damages are specified in the Contract. The term "balance of the
Contract price" means the total amount payable by the Obligee to the
Principal under the Contract and any amendments thereto, less the amount
properly paid by the Obligee to the Principal; or
3. Determine the amount for which it is liable to the Obligee and pay the
Obligee that amount as soon as practicable.
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and
hold Obligee harmless from and against any and all costs of enforcement, including but
not limited to reasonable attorneys' fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary
notwithstanding,to consent to each and all of the following matters, without notice:
*715 Mulberry Street, Waterloo,1A 50703
PERFORMANCE BOND CONTRACT 977 25- 1
RM-8155(764)--9D-07
1. To any extension of time to the Contract in which to perform the Contract.
2. To any change in the plans, specifications, or Contract when such change
does not involve an increase of more than twenty percent (20%) of the total
Contract price, and shall then be released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which
limits to less than one (1) year from the time of the acceptance of the work
the right to sue on this bond for defect in workmanship or material not
discovered or known to the Obligee at the time such work was accepted.
If the Principal performs the Contract, then this bond shall be null and void; otherwise it
shall remain in full force and effect. In no event shall the Surety's total obligation exceed
the penal amount of this bond.
Terms used herein shall include, as appropriate, the singular or plural number, or the
masculine, feminine or neuter gender.
IN WITNESS WHEREOF, the un ersigned Principal and Surety have executed this
Performance Bond as of Zo
i
i
PRINCIPAL SURETY
Baker Enterprises, Inc. Granite Re, Inc.
Name Name
l
By: 1-- By.
Troy Staples
Title: �S���S,de-.� Title: Attorney-in-Fact
[attach Power of Attorney)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
"t s �otecticlides�FedeFl Furjds�,.1�erfdlJowingpplie`s' o the payrrtent bond3
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
PERFORMANCE BOND CONTRACT 977 25-2
RM-8155(764)--9D-07
i
i
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of__ )
Countyof )
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/she 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/she executed the same as for the act and deed of the said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of '� )
Countyof
n this ` t' day of L in the year ou b Q before me personally come(s)
e P- _ to me known,who,being duly swom,deposes and says that he/she is
theY�S of the Begtz Fn 0 t1�1<e< �aL
the corporation described in and which executed the foregoing instrument;that he/she 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/she signed his/her name thereto by like order.
o a �s SHANOA R TELLE �� �Y
z �" Commission Number 796005 i
My 13 mmissio Expires Notary Public
,ow Ma 5,
ACKNOWLEDGMENT OF SURETY
State of Minnesota)
County of Dakota )
On this 13th day of August, in the year 2020, before me personally come(s)Troy Staples,Attorney(s)-in-Fad of Granite Re,Inc.with whom I
am personally acquainted, and who, being by me duly swom,says that he/she is(are)the Attorney(s)-in-Fact of Granite Re,Inc.company described in
and which executed the within instrument; that he/she 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/she signed said Instrument as Attorney(s)-in-
Fad of the said company by like order.
LL,
TONT L FERRILL
oi- �01110�1�
NOTARYPUBLIC-MINNESOTANotary Public
ti CORlmiss on Expnes Jar.31,P n
GRANITE,)Ki INC*:
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of MINNESOTA and having its'principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby.constitute'and appoint:
JONATHAN PATE;WANDA FRANZ;TOM LAHL;LISA M.FRANCOUR;JENNIFER BOYLES;ZACHARY PATE;TROY STAPLES;N€CHOI AS HOCHBAN Its
true and lawful Attorney-in-Facts)for the following purposes,to wit:
To sign its name as surety to,'and to execute,seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth In the resolution of the Board of Directors of the said GRANITE RE, INC. a certif€ed 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; LISA M. FRANCOUR;JENNIFER BOYLES; ZACHARY PATE;TROY STAPLES; NICHOLAS HOCHBAN
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 30 ay of January,2020.
pV.T
s r n L Kenneth D.Whitten on,President
STATE OF OKLAHOMA
SS.
COUNTY OF OKLAHOMA,) Kyle�ld,Treasurer.
On this 3r4 day of January, 2020, before me personally came Kenneth D.Whittington, President of the GRANITE RE,tINC. Company
And Kyle P.McDonald,Secretary/Treasurer of sa€d Company,with both of whom I am personally acquainted,who being by me severally,duly
sworn, said, that they,thePsa€d Kenneth D.Whiftington and Kyle P.McDonald were respectively the President and the Secretary/Treasurer of
GRANITE RE, INC., the corporat€on described in and whichiexecuted the foregoing Power of Attorney,,[hat 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 hey signed their name thereto by like orderas President and Secretary/Treasurer, respectively,ofithe Company.
mak,
kit
My Commission Exp€res; "
August 8,2021 I?�'toa"°; N gtarVPublic
Commission#:01013257
GRANITE RE,INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES
that the following resolution is a trueand correct excerpt from the}uly 15, I987,iminutes of the meeting of the Board of Directors of Granite
Re,Inc.and that said Power of Attorct
ney has not revoked and is now in full force and effe .
RESOLVED,that the President,any Vice Pres.Hent,the Secretary,and any Assistant Vice President shall each have authority to appoint
individuals as attorneys-imfact or under other appropriate titles with authority to execute on behalf,of the company fidelity, and
surety fionds and other documents of similar character Issued by the Company In the course of its business. On any instrument
'.1 making or evidencing such appointment,':the signatures may be affixed by facsimile.'. On any,instrument conferring such authority or
on any:-bond or 11undertaking of the Company,the seal, ora 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
day of auEx
Kyle P.McDonald,Secretary/Treasurer
CR0800-1
PAYMENT BOND Bond No. GRIA44183A
KNOW ALL MEN BY THESE PRESENTS: that
Baker Enterprises, Inc.
(Name of Contractor)
2203 E. Bremer Ave..,PO Boz 277, Waverly,IA 50677
(Address of Contractor)
a Corporation_ hereinafter called Principal,
(Corporation,Partnership or Individual)
and Granite Re, Inc.
(Name of Surety)
14001 Quailbrook Drive Oklahoma City, OK 73134
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo
(Name of Owner)
715 Mulberry Street Waterloo IA 50703
(Address of Owner)
Eight Hundred Sixty Nine $69,439.00
hereinafter called OWNER, in the penal sum of Thousand Four Hundred Dollars,($ )
Thirty Nlne and no/100
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain contract with the OWNER, dated the day of
20_, a copy of which is hereto attached and made a part hereof for the construction of:
Contract 977•Project No RM-8155(764)--9D-07•FY2020 Warp Drive R.I S E Waterloo,Iowa
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized extension or
modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and
coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such WORK, and all insurance premiums on said WORK, and for all labor,
performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation
shall be void; otherwise to remain in full force and effect.
PAYMENT BOND CONTRACT 977 26 - 1
RM-8155(764)--9D-07
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall
in any wise affect its obligation on this BOND, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract or to the WORK
or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
IN WITNESS HEREOF, this instrument is executed in Three(3) counterparts, each one of
A441 (number) day of
which shall be deemed an original, this the
20c3 Q
ATTEST:
Baker Enterprises, Inc.
Principal
auk
(Principal)Secretary J�
(SEAL) p>t cs MANDA R ZELLE BY ✓ {S)
a Commission Number 796005
x
My Commission Expires 2203 E.Bremer Ave.,PO Box 277
row
May 5,AlgQ
(Address)
Waverly,IA 50677
Witness as to Principal
Z Z03 E t W. .e- Ave
(Address)
taw J`✓�
TA So611 Granite Re,Inc.
S Wt
ATTEST: By
Ariomey-in-Fact Troy Staples
/ 14001 Quailbrook Drive
Witness as to Surety (Address)
Oklahoma City, OK 73134
1276 S.Robert St.
(Address)
West St.Patel,MN 55118
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
PAYMENT BOND CONTRACT 977 26 -2
RM-8155(764)--9D-07
i
IMPORTANT: Surety companies executing bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
PAYMENT BOND CONTRACT 977 26 - 3
RM-8155(764)--9D-07
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/she 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/she executed the same as for the act and deed of the said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of C'• )
Countyof )
On this 147)47 day of in the year r9 jZ) , before me personally come(s)
V y` to me known,who,being duly swom,deposes and says that he/she is
the P�Ioe n-}- of the ... y. F-n k Y pr:,�.5 '1'1
the corporation described in and which executed the foregoing instrument;that he/she 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/she signed his/her name thereto by like order.
=SHADAE796005 o ary Public
o.M
fres
ACKNOWLEDGMENT OF SURETY
State of Minnesot )
County of Dakota )
On this 13th day of August,in the year 2020,before me personally come(s)Troy Staples,Attorney(s)-in-Fact of Granite Re,Inc. with whom I
am personally acquainted,and who, being by me duly sworn,says that he/she is(are)the Attomey(s)-in-Fact of Granite Re, Inc.company described in
and which executed the within instrument; that he/she 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/she signed said instrument as Attorney(s)-in-
Fact of the said company by like order.
M `"' "�q TONI L FERRILL 1•
?• NOTARY PUBLIC•MINNESOTA Notary Public
'*.....
!Ay Ccmmissioa Ewes San.31,2022
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office
at the City of OKLAHOMA CITY In the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE;WANDA`FRANZ;TOM LAHL;LISA M.FRANCOUR;JENNIFER BOYLES;ZACHARY PATE;TROY STAPLES;NICHOLAS HOCHBAN 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; L$A M. FRANCOUR;JENNIFER BOYLES; ZACHARY PATE;TROY STAPLES; NICHOLAS HOCHBAN
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 I"President and Secretary/Treasurer,this 3 9.day ofJanuary,2020;
spa Kenneth D.Whittinc Iton,President
STATE OFOKLAHOMA
SS:
COUNTY OF OKLAHOMA ) Kyle P.McDonald,Treasurer
On this 3rd day of January, 2020, before me personally came Kenneth D.Whittington, President of the GRANITE RE INC, Company
and lKyle P. McDonald,Secretary/Treasurer of said Company,with both of whom 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, ANC., 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 orderof 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 8,2027 ' '� +°~
Notar Public
Commission#;01 013 257
GRANITE RE,INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc„ a Minnesota Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July IS. 3 987,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 seat, or a facsimile thereof, may,be impressed or affixed or in any other manner
reproduced; provided,however,thatthe shall not be necessary to the validity of any such instrument or undertaking:'
IN WITNESS WHEREOF,the utiders]gned has subscribed this Certificate and affixed the corporate seal of the Corporation this
day of dpoe„
Kyle P.McDonald,Secretary/Treasurer.
GROB00-1.
i
I
DATE(M?nDNYYY)
AC�
CERTIFICATE OF LIABILITY INSURANCE
0713112020
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(les)must have ADDITIONAL INSURED provlslons or be endorsed.
If SUBROGATION 19 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 Ilou of such endorsomoni s,
PRODUCER CG TACT An el Ko ler
Gifford Insurance Agency,Inc. pHoaS 883 2461360c Ne• 663 245.1369
PO BOX 489 E-MAIL an et Ifford(nsurance.net
Eikader, IA 52043 INSURERS AFFORDING COVERAGE NAICp
NEURERA: West Bend Mutual Insurance Company 16350
A
INSURED INSURER S:
Baker Enterprises,Inc. INeURERC:
PO BOX 277 INSURRRD:
Waverly,lA 50677 NBURHRE:
INsu ERF-
COVERAGES CERTIFICATE NUMBER: 000000003066320 REVISION NUMBER: 301
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 CONTRACTOR 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.
INSR TYPEOPINBURANGE011SUBR pa1.IC U BE POUCYEPF POLIOYEXP UNITS
A X, COMMERCIAL GENERAL LIABILITY Y Y 1083266 0410812020 04106/2021 EACHOCCURRENCE 3 11000,000
CLAIM&MAOE ®OCCUR PREMISES lEn o=nnwl 3 100,000
_ MED EXP(AoOneperson) 3 6,000
PERSONAL&AOV INJURY 3 1.000.000
G ENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 2.000.000
POLICY Q JEcT ❑Loc PRODUCTS-COMPJOPAGG $ 21000,000
OTHER: $
A AUTOMOBILE UABIUTY Y Y 1063266 04/0612020 04106/2021 CAMBINE SINGLE LIMIT(En flcdderltl $ 1,000,000
ANY AUTO BODILY IWURY(Per ponos) $
OANED SCHEDULED BODILY INJURY(Por occident) 3
AUTOS ONLY AUTOS
HIRED NON-0iMNED PROPERTY OAA7AGE 3
AUTOS ONLY AUTOS ONLY
5
A UMDRELLALIAR X OCCUR 1083266 04/0612020 0410612021 EACH OCCURRENCE $ 10000000 -
EXCESS UAB CLAIMSMAOE AGGREGATE $ 10,000,000
DED I I RETE IONS 3
A WORKERS COMPENSATION Y 1098882 04106!2020 j 04/0612021
AND EMPLOYERS'LIABILITYY�
A
ANY PROPRIETCAJIARTNER/EXECUNVE NIA E.L.EACH ACCIDENT _ 3 11000,000_
(MadaaWryIInNµR FXCLUOp-D9 E.L.DISEASE-EA EMPLOYEE 3 1,000,000
0 9$C deaddbe under
OE RIPTIO OPERATION below E,L DISEAS -POLICY LIMIT $ 1,000,000
D ESCRIP nON CF OPERATIONS I LOCATIONS IVEHICLE6 ACORD 101,Additional Remarks Sohedula,may be atta4hod N mom apace Is mquErcd)
Project#:RM-8155(764)--9D-07-F.Y.2020 WARP Drive R.I.S.E.-Contract#:977
The City of Waterloo,Its officers and employees are named as Additonal Insured on a primary and non-contributory basis,
Including products/completed operations on the general liability, If required by contract,A Waiver of Subrogation in favor of the
Additional Insured applies to the general liability,auto liability andworkerscompensation,If required by contract 30 day written
notice of cancellation applies.Umbrella policy is following form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Waterloo ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 27
Waterloo, IA 60704 AUTHORIzeo REPRESENTATIVE —
ARK
81 2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Printed by ARK on July 31,2020 at 02:19PM