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2021-01-26 Thompson Construction WA 55 SE 77
AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Blair Thompson Construction, Inc. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ("Owner") and ("Contractor"). 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally as described in the Advertisement for Bids. ARTICLE 2 — THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Deerfield Replat Improvements. ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by HDR Engineering, Inc. 3.02 The Owner has retained HDR Engineering, Inc. ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. A Notice to Proceed is expected to be delivered by January 12, 2021. B. The Deerfield Replat Improvements shall be substantially complete on or before June 12, 2021. C. All Work shall be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 12, 2021. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 6 requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 6 B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 3 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 6 ARTICLE 8 — CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6, inclusive). 2. Performance bond (pages 1 to 4 inclusive). 3. Payment bond (pages 1 to 4 inclusive). 4. General Conditions (pages 1 to 74 inclusive). 5. Supplementary Conditions (pages 1 to 10, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) bearing the following general title: Sanitary Sewer Improvements. 8. Addenda (numbers [oto [21, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages [ I to [_L inclusive). 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 9 — MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 9.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 6 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 9.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on [ 1-Z9.7 (which is the Effective Date of the Contract). Attest: ✓ Title: � b, r K - Address for giving notices: �-'t ?, S It �t CONTRACTOR: Thompson Construction, Inc. By: Title: i (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: )e Address for giving notices: 47 &I "I. MAP MINE License No.: (where applicable) (If Owner is a corporation, attach evidence of authority NOTE TO USER: Use in those states or other to sign. If Owner is a public body, attach evidence of jurisdictions where applicable or required. authority to sign and resolution or other documents authorizing execution of this Agreement.) EJCDC® C-520, (Rev.1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 6 ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: City of Blair 218 South 16th Street Blair, NE 68008 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.02 BIDDER will sign and deliver the required number of counterparts of the AGREEMENT with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date /I-- z�- ?Z-0 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. 1. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid Is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or Indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any Individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.1): 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): A. Base Bid: Bid Item No. Description EST QTY UNIT UNIT PRICE BID PRICE 1 Mobilization/Demobilization 1 LS $ Soo, °' $ .�* 2 Install Construction Entrance 1 EA $1 49 $ x0ov ,`,7 3 Install Silt Fence 550 LF $ Z„%® $ (37f;,00 4 Install Curb Inlet Protection 5 EA $ $'® da $ ZST,ma 5 Install Seeding - Type A 1 AC $ 3400` $ 3.L60•00 6 Remove Pavement 115 SY $ �p," $ Itro, 7 Provide Temporary Traffic Control 1 LS $ $ S7'00.°'' 8 Construct 6" Pipe Plug 19 EA $ ��; $ ,-j—;`4 9 Construct 54" I.D. Sanitary Manhole 77 VF $ �'; $ A Mss 10 Construct 8" PVC Sanitary Sewer Pipe 500 LF $ a'° $ 1-gs O 11 Construct Aggregate Bedding for Type F3, 8" Sanitary Sewer Pipe 500 LF $ a $ -7�.o� 12 Construct 6" x 8" WYE 19 EA $ Z?,�,� $ qv t° 13 Construct 6" PVC Sanitary Sewer Service Pipe 600 LF $ 60."' $New. Aa 14 6" C900 Cl. 200, DR 14 Water Main 600 LF $ ZS':" $ rmo,' 15 6" Tap on Existing Main 2 EA $ 30W $ 16 6" Gate Valve with Box 2 EA $ OtCO.f $ 27-W,"o 17 6" 111/4 Degree Bend 2 EA $ 325".ao $ IM, 18 6" 22 1/2 Degree Bend 6 EA $ 3 Zf-110 $ 11 4 S ,wo 19 6" 45 Degree Bend 2 EA $3711.10 $ 450,10 20 Install Curb Stop and Box 19 EA $ S-0."' $ 1044 21 Fire Hydrant Assembly 1 EA $ 01 $ odd I&Q 22 Relocate Existing Hydrant 1 EA $ ' "' $ ow, &W 23 Water Service 825 LF $ 14,"' $ 11400-40 24 Construct "Special' Storm Manhole I.D. 54" 1 LS $ $00."' $ S00111" 24 G9A8tFHGt GUF19 lAlet—Type 1 4 €A 25 Construct 18" RCP, Class III 179 LF $ qv- $ 26 Construct 18" RCP, Class IV 25 LF $ 11$7,113 $ 27 Construct 24" RCP, Class III 2S LF $ (07. a.1 $ 28 Construct 30" RCP, Class III 86 LF $ $ 740. 29 Construct 18" Storm Sewer Concrete Collar 1 EA $ 1t Wo $ l l M •,a Total Bid $ 7,7-702 EJCDC® C-410, Bid Form for Construction Contracts. Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 71 d0 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 —TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. E1CDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: (� i [Signature]010 (Printed name) xella Q (If Bidder is a corporation, a limited YaMlty company, a artnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] -M [Printed name] 4— q 4 Ce of C Title: A , Submittal Date: Axe.'k" l®_, g®_ Address for giving notices: 2440 :�L A10.1- AA zj /17 C6 /ii Telephone Number: — 70 0 Fax Number: 7®!54 -- Zoe 9 Contact Name and e-mail address: e//y ®,yy ,sly Bidder's License No.: (where applicable) EJCDC® G410, Bid Form for Construction Contracts. Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 ORIGINAL BOND OF J PERFORMANCE BOND CONTRACTOR: SURETY (name and address of principal place of business): Thompson Construction, Inc. 2404 N. Lincoln Avenue Universal Surety Company Fremont, NE 68025 P.O. Box 80468 OWNER: Lincoln, NE 68501 City of Blair 218 S 16th St Blair, NE 68008 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Two Hundred Twenty-seven Thousand Two Hundred Seventy-three And No/100 ($227,273.00) Descriptlom Deerfield Replat Improvement - Utility Package BOND Bond Number: 141970 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 1/21/2021 Amount: Two Hundred Twenty-seven Thousand Two Hundred Seventy-three And No/100 ($227,273.00) Modifications to this Bond Form: F_x� None F� See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative, CONTRACTOR AS PRINCIPAL Thompsou Construction, Inc. ...� (seal) Contractor's flarrie,aA�Corrate Seal 41 -Jon�$ gnatur Pri(it Al,e Attest: gnature "iZ, , Title SURETY Universal Surety Company (seal) Surety's Name and Corporate Seal Ku By: Signature (attach power of attorney) Thomas L. King Print Name Attorney -in -Fact Title Signature witness Title Notes. (I) Provide supplemental execution by any additional parties, such as joint venturers. (t) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCOC' C-610, Performance Bond Copyright 0 2013 National Society of Proksslaml Engineers, American council of Englneering companies, and American society of Civil Engineers, All rights reserved, 00 6100 -1 of x Page 1/5 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 Paragraph 3, 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 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 Paragraph 11 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; 3,2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 33 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 Paragraph 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 Paragraph 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 Owners 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 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: 5.4.1 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 5.4,2 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 Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Band 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 Paragraph 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. 7. If the Surety elects to act under Paragraph 5.1, 5,2, or 53, 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, 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7,2 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 Paragraph 5; and 73 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. B. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability Is limited to the amount of this Bond, 9, The Surety shall not be liable to the Owner or others for obllgatlons of the Contractor that are unrelated to the Constructlon 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 Irl 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 falls to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limltaticins available to sureties as a defense In the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, 13. When this Bond has been furnished to comply with a statutory or other legal requirement In the location where the construction was to be performed, any provision In.this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed Incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14, Definitions 14.1 Balance of the Contract Price; The total amount payable by the owner to the Contractor under the Construction Contract after all proper adjustments have been made Including allowance for the Contractor for any amounts received or to be received by the Owner In settlement of insurance or other claims for damages to which the Contractor Is entitled, reduced by all valid and proper payments made to or on behalf of the contractor under the Construction contract, 14,2 Construction Contract: The agreement between the Owner and Contractor Identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents, 14,3 Contractor Default; Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14,4 Owner Default; Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, 14.5 Contract Documents; All the documents that comprise the agreement between the owner and Contractor, 15, If this Bond is Issued for an agreement between a contractor and subcontractor, the term Contractor In this Bond shall be deemed to be Subcontractor and the term owner shall be deemed to he Contractor. 16. Modifications to this Bond are as fallowst EJCDC' c-610, Performance Bond Copyright 0 2013 National Sodety of ProfaWonal Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, All rights reserved, 00 6100.2 of 2 Page 2l 5 PAYMENT BOND CONTRACTOR: SURETY (name and address of prindpal place of business): Thompson Construction, Inc. Universal Surety Company 2404 N. Lincoln Avenue P.O. Box 80468 Fremont, NE 68025 Lincoln, NE 68501 OWNER: 1 City of Blair 218 S 16th St Blair, NE 68008 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Two Hundred Twenty-seven Thousand Two Hundred Seventy-three And No/100 ($227,273.00) Descriptlom Deerfield Replat Improvement - Utility Package BOND Bond Number: 141970 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 1/21/2021 Amount: Two Hundred Twenty-seven Thousand Two Hundred Seventy-three And No/100 ($227,273.00) Modifications to this Bond Farm: ] None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL. Thompson Construction, Inc. (segs) Conirpdtoes'Narne and Cor orate Seal Sigma Print Name � f� Title Attest: Si ature Title Title SURETY Universal Surety Company (seal) Surety's Name and Corporate Seal By: mss` e Signature (attach power of attorney) Thomas L. King Print Name Attorney -in -Fact Title Ax " kt Attest:' Signature 1 s, witness Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, owner, or other party shall be considered plural where applicable. EJCDC' C•615, Payment Bond Copyright ® 2019 National Society of Professional Engineers, Amerkan council of Engineering Compania, and American society of civil Englneers. All rights reserved. 00 61 So -1 of 2 Page 3/5 1. The Contractor and Surety, jointly and severally, hind 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, Indemnifles, 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 Paragraph 13) of claims, demands, (lens, or sults 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 Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, Ilan, or suit. S. The Surety's obligations to a Claimant under this Bond shall arise after the following: S.1 Claimants who do not have a direct contract with the Contractor, 51.1 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 S1.2 have sent a Claim to the Surety (at the address described In Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent it Claim to the Surety (at the address described In Paragraph 13). 6, If a notice of non-payment required by Paragraph 5.1.1 is given by the owner to the Contractor, that Is sufficient to satisfy a Clalmones obligation to furnish a written notice of non-payment under Paragraph 5.1.1, 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: M 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 paymentof any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7,2 shall not be deemed to constitutd 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 falls to discharge Its obligations under Paragraph 7,1 or 7,2, the Surety shall Indemnify the Claimant for the reasonable attorneys fees the Claimant Incurs thereafter to recover any sums found to be due and owing to the Claimant. B. The Surety s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made In good faith by the Surety. 4. 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 Band, subject to the owner's priority to use the funds for the completion of the work. 11. The Surety hereby waives notice of any change, Including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations, 12. No suit or action shall be commenced by a Claimant under this Bond other than In a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract Is located or after the expiration of ona year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5,1,2 or 5,2, or (2) on which the last labor or service was performed by anyone or ttia last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs, If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense In the jurisdiction of the suitshall be applicable, 13, Notice and Claims to the Surety, the Owner, or the Contractor shall be matted at 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 he performed, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefram 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 requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim; A written statement by the Claimant Including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use In the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; S, The date an which the Claimant last performed labor or last furnished materials or equipment for use In the performance of the Censtructlon Contract; 6, The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and a. Thu total amount due and unpaid to the Clalmant 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 (Imitation In the terms of 'labor, materials, or equipment" that part of the 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 machonlo'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, 16.4 Owner Default: Failure of the Owner, whlch.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 Documemts: All the documents that comprise the 10. The surety shall not be liable to the Owner, Claimants, or others for agreement between the Owner and Contractor. obligations of the Contractor that are unrelated to the ConstruMan 17. If this Bond Is Issued far an agreement between a contractor and Contract. The owner shall not he liable for the payment of any costs or subcontractor, the term Contractor In this Bond shall be deemed to be expenses of any Claimant under this Bond, and shall have under this Bond Subcontractor and the term Owner shall be deemed to be Contractor. no obligation to make payments to or give notice on behalf of claimants, or 18. Modlflcatlons to this Bond are as follows; otherwise have any obligations to claimants under this Bond, E1CDC` C•615, Payment Bond Copyright 02013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Chill Engineers. All rights reserved. 00 6150.2 of 2 Page 4/5 UNIVERSAL SAL SU TY COMPANY Lincoln, Nebraska POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23,1981, to wit: "Article V -Section 6. RESIDENT _OFFICERS -AND ,ATTORNEYS -IN -FACT.— T -he -President or any Vice President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice Presidents and Attorneys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." does hereby make, constitute and appoint Robert T. Cirone or James M. King or Tamala J. Hurlbut or Jacob J. Buss or Thomas L. King, Lincoln, Nebraska or Seth Weedin, Gretna, Nebraska its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY, held on July 23,1981: "RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article V -Section 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 21st day of August 20 20 C" � uvi— Secretary/Treasurer By State of Nebraska ss. County of Lancaster UNIVERSAL SURETY COMPANY 50�E �•� CORPORATE President r O SEAL On this 21st day of August , 20--.2O— before me personally came Curtis L. Hartter, to me known, who being by me duly sworn, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the President of the UNIVERSAL SURETY COMPANY, the corporation described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order; and that Bylaw, Article V -Section 6, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. My Commission Expires February 16, 2022. Notary Public [GENERAL NOTARY • Stale of Nebraska TARA MARTIN N{y Comm. F)A. februaty 16, 2022 I, Philip C. Abel, Director of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full force and effect Signed and sealed at the City of Lincoln, Nebraska this 21st day of January 20 21 A� SURE y CI CORPORATE SEAL Director Page 5/5 �'"�oiN;'WC �....—, THOMCON-01 JROYAL ACORD° CERTIFICATE OF LIABILITY INSURANCE FUATE(MM/°D/YYYY) fes,, 1/21/2021 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 have ADDITIONAL INSURED provisions or 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). CONTACT Jamie Woods PRODUCER NAME; - - Ellerbrock-Norris Agency, Inc. PHONE 402 470-0337 703144 FAx 402 327-8483 P.O. Box 816 E-MAILExt): ( (A/C, No):�_ EMIL :jwoodS ellerbrock-norris.com Hastings, NE 68902-0816 ADDREss:J @ _ - � - INSURED Thompson Construction, Inc. 2404 N. Lincoln Ave Fremont, NE 68026-2461 Comoanies I INSURER C : - E: F: VERAGES CERTIFICATE NUMBER: REVISION NUMBER: CO 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_. INSR LTR A - TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS EACH OCCURRENCE $ 1,000,000 _ DAMAGE TO RENTED PREMISES Ea occurrence) CLAIMS -MADE [:X] OCCUR X CLP 3701228 1/1/2021 1/1/2022 300,000 $ - $ 10'000 MED EXP An one erson _ PERSONAL & ADV INJURY _ $ 1'000_'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYI K JECT LOC GENERAL AGGREGATE $ 2'000'000 PRODUCTS-COMP/OPAGG 2'000'000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aceident _ 1,000,000 $ -- INJURY (Per person) X ANY AUTO CAP 3701231 1/1/2021 1/1/2022 _BODILY BODILY INJURY Per accident $ _ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP 2819116 1/1/2021 1/1/2022 EACH OCCURRENCE ,. $ 5'000,0_00 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N / A WC 3701227 1/1/2021 1/1/2022 X STATUTE OTH- ER — N E.L. EACH ACCIDENT 11000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $_ _ _ _ E.L. DISEASE -POLICY LIMIT $ 1'000'000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Deerfield Replat Improvements - Utility Package City of Blair and HDR, Inc. are included on the General Liability policy under a blanket automatic additional insured endorsement that provides additional insrued status only when there is a written contract between the named insured and the certificate holder/entities that require such status prior to a loss. Waiver of Subrogation for General Liability and Workers Compensation policies applies only if there is a written contract between the named insured and the certificate holder/entity(ies) that require such form language prior to a loss, and only to the extent permitted by law. V LI�1IrIVM 1 L I IVLVLI\ �• ••-----• •--- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Blair ACCORDANCE WITH THE POLICY PROVISIONS. 216 South 16th St. Blair, NE 68008 AUTHORIZED REPRESENTATIVE ACORD 26 (2016/03) U 9ySS-ZUI O AGUKU UUKrUKA I IUri. Au rignis reserveu. The ACORD name and logo are registered marks of ACORD