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2014 TAB Construction Sheridan Dr PavingAGREEMENT THIS AGREEMENT executed in triplicate this 4 th day of April 2014 between CITY OF BLAIR, NEBRASKA, (hereinafter called the OWNER) and (hereinafter called the CONTRACTOR); WITNESSETH: WHEREAS, the CONTRACTOR did on the 18 day of March 2014, submit to the OWNER the lowest bid for performing all work necessary or incidental thereto for Sheridan Drive Paving for the City of Blair, Nebraska, pursuant to the Notice to Contractors duly published by the OWNER which Work is described in the Contract Documents. NOW, THEREFORE, the OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK The CONTRACTOR will perform all Work as shown in the Contract Documents. Article 2 . ENGINEER The Project has been designed by The Schemmer Associates Inc., 1044 North 11 5th Street, Suite 300, Omaha, Nebraska 68154 -4436, who will act as the ENGINEER in connection with completion of the Project in accordance with the Contract Documents. Article 3 . TIME OF ESSENCE /LIQUIDATED DAMAGES Time schedules, limits or requirements specified in the Contract Documents are of the essence of this Contract. The work shall be completed with 60 calendar days and no later than October 1, 2014 as specified in the "Noticed to Proceed" All work shall be completed in accordance with and within any such schedules, limits or requirements unless (i) extended by City, in its sole discretion, or (ii) prevented (assuming, in all such events, Contractor's use of its best efforts to timely complete such Work) by the act or neglect of City or by an act of God or for other reasons beyond the control of Contractor in which event time shall be extended for such reasonable time as determined by the Engineer and approved by the City. Whenever any Work shall not be so completed, then as liquidated damages and not as a penalty, Contractor shall pay City, $500.00 for each day that expires after the time specified for completion and readiness for final payment. Article 4 . CONTRACT PRICE The OWNER will pay the CONTRACTOR for performance of the Work completion of the Project in accordance with the Contract Documents subject to adjustment by modifications as provided therein as follows: Item Total /# Description Quantity Units Unit Price Amount 1 15" RCP 735 LF $29.95 $22,013.25 2 Inlet Type 1 2 EA $2,761.50 $5,523.00 3 Inlet Type III 5 EA $2,761.50 $13,807.50 4 15" RCP FES 1 EA $362.00 $362.00 5 6" PVC 20 LF $20.50 $410.00 6 8" PVC 8 LF $27.50 $220.00 7 8" Concrete Collar 1 EA $220.00 $220.00 8 9" PCCP 2985 SY $32.20 $96,117.00 9 7" PCC Drive 170 SY $45.95 $7,811.50 10 Clear & Grub 1 LS $18,995.00 $18,995.00 11 Gravel Surfacing 28 TN $29.50 $826.00 12 Seeding 1 LS $8,100.00 $8,100.00 February 2014 A -1 06448.001 13 Excavation / Embankment 1268 CY $10.90 $13,821.00 Total $188,226.45 Article 5 . PROGRESS AND FINAL PAYMENTS The OWNER will make progress payments on account of the Contract Price as provided in the General Conditions and as follows: 5.1 Progress and final payments will be on the basis of the CONTRACTOR Application for Payment as approved by the ENGINEER. 5.2 Each month the OWNER will pay the CONTRACTOR for 90% of the value of completed work as of the end of the previous month, less the aggregate of payments previously made. 5.3 The remainder of the Contract Price will be paid upon final completion of the Work, settlement of all claims and City or Governmental approval where necessary; PROVIDED, that before payment of the final three (3) percent of the Contract Price, the CONTRACTOR shall furnish a written clearance from the COMMISSIONER OF LABOR of the STATE OF NEBRASKA certifying that all payment due of contributions and interest which may have arisen under this Contract have been paid by the CONTRACTOR, or his Subcontractor(s), to the State of Nebraska Unemployment Compensation Fund. Article 6 . CONTRACT DOCUMENTS The Contract Documents which comprise the contract between the OWNER and the CONTRACTOR are incorporated herein by reference, made a part hereof, and consist of the following: 6.1 This Agreement (pages A -1 to A -3 inclusive) 6.2 Exhibits and Attachments to this Agreement (Certificate of Assessment) 6.3 CONTRACTOR'S Performance and Payment Bonds 6.4 CONTRACTOR'S Bid and Bid Bonds 6.5 Notice to Contractors 6.6 Instructions to Bidders (pages I13-1 to I13-2, inclusive) 6.7 General Conditions (pages 1 to 60) 6.8 Supplementary General Conditions (page SGC -1 to SGC -5, inclusive) 6.9 Special Provisions (Pages SP -1 to SP -6, inclusive) 6.10 Drawings dated February 2014 consisting of 6 sheets 6.11 Addenda numbers D to 0 inclusive 6.12 Any Modifications, including Change Orders, duly delivered after execution of this Agreement 6.13 Notice of Award February 2014 A -2 06448.001 6.14 Notice to Proceed 6.15 Applicable laws governing the City's authority to contract. Article 7. MISCELLANEOUS 7.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 7.2 The CONTRACTOR shall not, without the prior written consent of the OWNER, assign or sublet in whole or in part his interest under any of the Contract Documents and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the OWNER. 7.3 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 The Contract Documents constitute the entire agreement between the OWNER and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Article 8. OTHER PROVISIONS 8.1 PUBLIC LIABILITY and PROPERTY DAMAGE INSURANCE. The limits of liability for this insurance shall be as specified in Article 5 of the General Conditions. 8.2 EQUIPMENT ASSESSMENT FOR TAXATION. In accordance with the provisions of Legislative Bill 126 of the Seventy -Third Session of the Legislature of Nebraska (1963) and amendments, if any, the CONTRACTOR shall furnish a certified statement to be attached to the Contract that all equipment to be used on this project, except that acquired since the assessment date, has been assessed for taxation for the current year giving the county where assessed. 8.3 PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish Performance and Payment Bonds for 100% of the Contract Price as security for the faithful performance and payment of all his obligations under the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. February 2014 A -3 06448.001 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A311 Bond No.: NEC 45057 KNOW ALL MEN BY THESE PRESENTS: that TAB Holding Con � en ,Inc. r foil � a and � r s C on stru c ti o n legal te of Contractor) 4153 S 67th St., Omaha, NE 68117 as Principal, hereinafter called Contractor, and, Merchants Bonding Company ( Mu fua and address or l egal tide o f Surety) 2100 Fleur Drive Des Moines, IA 50321 -1158 as Surety, hereinafter called Surety, are held and firmly bound unto City Blair, Blaiirr, and addressor le ti de of owner) as Obligee, hereinafter called owner, in the amount of One Hundred Eighty Eight Thousand Two Hundred Twenty Six and 45/100 Dollars Dollars ($ $188,226.45 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, TAB Holding Company, Inc. dba TAB Construction Contractor has by written agreement dated April 4, 2014 Sheridan Street GAP Paving #06448.001 in accordance with Drawings and Specifications prepared by , entered into a contract with Owner for (H,L-m insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly completion less the balance of the contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of Signed and sealed this 8th day of PRINCIPAL: TAB Holding Company, Inc. dba TAB Construction Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. April 2014 SURETY: Merchants Bonding Company (Mutual) X Attorney -In -Fact Shannon Klein THE AMERICAN INSTITUTE OF ARCHITECTS ,�,'; g al►; AIA Document A311 Labor and Material Payment Bon Bond No.: NEC 45057 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE 'RESENTS: that TAB Holding Company, Inc. dba TAB Construction (Here insert full name and address or legal title of Contractor) 4153 S 67th St., Omaha, NE 68117 as Principal, hereinafter called Principal, and Merchants Bonding Company (Mutual) (Here insert full name and address or legal title of Surety) 2100 Fleur Drive Des Moines, IA 50321 -1158 as Surety, hereinafter called Surety, are held and firmly bound unto City of Blair, NE (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Eighty Eight Thousand Two Hundred Twenty Six and 45/100 Dollars (Here insect a sum equal to at least one -half of the contract price) Dollars ($ $188 ,226.45 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, TAB Holding Company, Inc. dba TAB Construction Principal has by written agreement dated April 4, 2014 , entered into a contract with Owner for Sheridan Street GAP Paving #06448.001 in accordance with Drawings and Specifications prepared by (here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. _y AIA DOCUMENT A311 ® PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND ® AIA m FEBRUARY 1970 ED. + THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise if shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. age prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, post- Signed and sealed this 8th day of PRINCIPAL: TAB Holding Company, Inc. dba TAB Construction b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against such improvement, whether or not claim for the amount of such lien be presented under and against this bond. April 2014 SURETY: Merchants Bonding Company (Mutual) A A.s G Attorney -In -Fact Shannon Klein M ERCFIANT S"'�b)\ Bond #: NEC 45057 BONDING COMPANY,, PANY,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Shannon Klein of Omaha and State of NE their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIFTEEN MILLION ($15,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 4th day of October , 2013 STATE OF IOWA COUNTY OF POLK ss. 2003 - �, a I *— wit .•o\11G.ca'•• �o��R P O q' • ' O q • d' 1933 • c; MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /,,� 7, President On this 4th day of October , 2013 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. *0W MARANDA GREENWALT Y Commission Number 770312 My Commission Expires October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of April , 2014 101 � LNG �a i •• ,• ��. • ''��� ; r� � y V � .G . ` � % ^G -t/ ��1, -��2 , �� y ` =' • : �' Secretary 1933 • c: r / POA 0014 (11/11) , "Y ••,..,.• ;� , ' �'�►rru „rNr111 p C "R "® CERT L I AB ILI TY /`' I DATE {MMIQDIYYYY} 4/8/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SilverStone Group 11516 Miracle Hills Drive Omaha NE 68154 CONTACT NAME: Jill Aldredoe A1C No Ext :402 -964 -5575 A A IC No :402 -557 -6325 EMAIL ADDRESS:ialdred a ss i.co INSURER(S) AFFORDING COVERAGE NAIC * INSURER A :Errs to ers Mutual Casualty Co. 21415 INSURED TAB Holding Company Inc. d /bla Tab Construction Company 4153 South 67th Street Omaha NE 68117 INSURER B: /112014 INSURER C: EACH OCCURRENCE INSURER D: DAMAGE TO RENTED PREMISES Ea occurrence INSURER E: MED EXP (Any one person) INSURER F: PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER: 178176768 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYY MMIDDIYYW LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 3D67850 /112014 111t2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X AO - T LOC PRODUCTS - COMP /OP AGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS N NED S HIRED AUTO AUUTOS TOS 3E67850 /112014 /1/2015 Ea accident 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR C LAIMS -M ADE 3.167850 11/2014 /1/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X 1RE $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE " OFFICERIMEMBER EXCLUDED? {Mandatory in NH} If yes, describe under DESCRIPTION OF OPERATIONS below N 1A 1-167850 41112014 /1/2015 X I WC STATU- OH- TORY- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EAEMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 A Hired Equipment 3C67850 /1/2014 /1/2015 Limit $250,000 Deductible $500 DESCRIPTION OF OPERATIONS 1 LOCATIONS/ VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required} Certificate holder is additional insured as required by written contract. rF:RTIFIrATF wni n;:R CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 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. 218 South 16th Street Blair NE 68008 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD