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2016 Blair Detension BasinAGREEMENT THIS AGREEMENT executed in triplicate this 72 9 day of VLi Sl . , 2016 between CITY OF BLAIR, NEBRASKA, (hereinafter called the OWNER) and Eriksen Construction (hereinafter called the CONTRACTOR); WITNESSETH: WHEREAS, the CONTRACTOR did on the 2nd day of August 2016, submit to the OWNER the lowest bid for performing all work necessary or incidental thereto for Blair Detention Basin 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 Schennner Associates Inc., 1044 North 115th 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 within 30 calendar days after the date of 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, $1,000.00 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 and completion of the Project in accordance with the Contract Documents subject to adjustment by modifications as provided therein as follows: LUMP SUM BID PRICE $87,000.00 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's 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) June 2016 A-1 06832.001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF BLAIR BLAIR, NEBRASKA OWNER BY; I ATTEST:m w. UU r_v1 ki I r-., e- A 6u, A-%, c.Ad`, lc l a c June 2016 A-3 06832.001 AIA 0 Performance Pond No. 106480275 CONTRACTOR: (Name, legal status and address) Eriksen Construction Co., Inc. P.O. Box 610 Blair, NE 68008 OWNER: (Ncane, legal status and a(kress) The City of Blair 218 S. 16th Street Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $87,000.00 Description: (Name and location) Blair Detention Basin Blair, NE SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 BOND Date: August 18, 2016 (Not earlier than Construction Contract Dale) Amount: $87,000.00 Modifications to this Bond: IN None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seed) Company: (Cofporate Seal) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Eriksen Constructio , Inc. Travelers Casualty and Surety Coma of America &M Signature: / Signature. Name. ntCry s a Name Tcq—M�61-. Drey andTitle: 6rA(Je% f- and Title:rney-in-Fact (flny additional signatures appear on the last page of this Performance Bonct.) (FOR INFOR,114TION ONLY— Nante, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (4i-chitect, Engineer or other pa)-ty:) The Harry A. Koch Co. The Schemmer Associates, Inc. 14010 FNB Pkwy, Suite 300 1044 N. 115th Street, Suite 300 Omaha, NE 68154 Omaha, NE 68154 Init. AIA Document A3112111— 2010. The American Institute of Architects. 06t110 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surely to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be lield within tell (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor sliall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contactor all([ with reasonable promptness under the circumstances: .1 After investigation, determine (lie aniount for which it may be liable to the Owner and, as soon as practicable after the aniount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default ort this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner fetuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312TM — 2010. The American Institute of Architects. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 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 obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contactor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in 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 cleemed 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 Contactor under the Construction Contact after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contact 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 Contact. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contactor 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 Contactor. § 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 be Contractor. Init. AIA Document A31211-1— 2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of adcledparlies, other than those appearing on 1he cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (COW01-ate Seal) Company: (Coiporale Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: YOU should sign an original AIA Contract DOOL1111011t, on Willch Mis toxt appears In RED. An oriflInal assures that charips will not bo obsctirod. Init. AIA DocumentA312T11— 2010. The American Institute of Architects. 4 AIA DocumentTM Payment Bond No. 106480275 CONTRACTOR: (Name, legal status and address) Eriksen Construction Co., Inc. P.O. Box 610 Blair, NE 68008 OWNER: (Alame, legal status and address) The City of Blair 218 S. 16th Street Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $87,000.00 Description: (Name and location) Blair Detention Basin Blair, NE BOND Date: August 18, 2016 (Not earlier than Constrticlion Contract Dade) Amount: $87,000.00 SURETY: (Alame, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Modifications to this Bond: IN None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sect) Company: (C'orpolrcde Sc(d) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Eriksen Construction C Travelers*Casualtandurety Comp of America Signature: Signahu•eName jw. S�+ W Name Dreyand Title: �,Jr and Title:act (Arty adclitional signahwes clppecn• on the last page q this Payment Bond) (FOR INFOR,1141I0N OArL )' — Alame, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer• oi• othel• pal•ty:) The Harry A. Koch Co. The Schemmer Associates, Inc. 14010 FNB Pkwy, Suite 300 1044 N. 115th Street, Suite 300 Omaha, NE 68154 Omaha, NE 68154 brit. AIA Document A31271+ - 2010. The American Institute of Architects. 061110 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond, § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of clainis, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surely. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnishcd or supplied or for whom the labor was clone or performed, within ninety (90) clays after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address describe(( in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) clays after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § a The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments matte in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, tinder any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, sut�ject to the Owner's priority to use the ftinds for the completion of the work. Init. AIA Document A312TIl — 2010. The American Institute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, of give notice on behalf of Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract of 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 one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section S. 1.2 or 5.2, or (2) on which the last labor of service was performed by anyone or the 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 suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contactor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice of Claims, however accomplished, shall be sufficient compliance as of the (late received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory of other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond sliall be const Ued as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contactor 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 of equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the C011structlon Contact; .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 (lie Claimant; and .8 the total amount clue and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor of with a subcontractor of the Contactor to furnish labor, materials or equipment for use in the performance of the Construction Contact. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, teleplione service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials of equipment were burnished. § 16.3 Construction Contract. The agreement between the Owner and Contactor identified on the cover page, including all Contact Documents and all changes made to the agreement and the Contract Documents. AIA Document A312W _ 2010. The American Institute of Architects. hitt. t § 16A Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bone( are as follows: (SI)ace is provided below.for additional. signatures of added par7ies, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea/) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Dooumont, on which tli o toxt appoar> In RED. An or4jinaal assume that chanef€:s will not he obscured. Init. AIA Document A31211-1— 2010. The American Institute of Architects. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United 'States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18TH day of AUGUST 2016 Kevin E. Hughes, Assistant Sec tary pA6U,�/ pyn.•� ayf\kE 4 -�*,N �H 4 ,...� N4 qy,,. PIY AHp `'u..yuq ii .......... h O N G 4tb RPORq' �1o;J•,SEtti : >�i oPo•� 7..oi �tSEA.L:•3• y..........rasj v.••... ....: a ,# s �a a `V �'�. ^"�.� � `ti,�S . ANS � ,S . ., r?./ d1 ,,a • �'na �/I Attd� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID ACC)R"CERTIFICATE LIABILITY INSURANCE DATE08/117/27/2IY016 6 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 1-866-220-4625 Holmes Murphy and Associates - Omaha CONTACT NAME: PHONE FAX A/C No Ext): A/C No): E-MAIL ADDRESS: 2637 South 158th Plaza INSURER(S) AFFORDING COVERAGE NAIC p Suite 200 Omaha, NE 68130 INSURER A: BITUMINOUS CAS CORP 20095 04/01/16 INSURED INSURERS: TRAVELERS PROP CAS CO OF AMER 25674 Eriksen Construction Co., Inc. INSURER C INSURER D: 2546 S. Highway 30 INSURER E: Blair, NE 68008 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence S INSURER F: rnVFRAnPR CERTIFICATF NIIMRFR- 47610741 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. INSR LTR OF INSURANCE ADDLITYPE INSR SUER POLICY NUMBER MM/DPOLID/YYYY MMIDDIYEYYY LIMITS A GENERAL LIABILITY CLP3635057 04/01/16 04/01/17 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000 PREMISES Ea occurrence S MED EXP (Any one person) $ 5,000 CLAIMS -MADE OCCUR PERSONAL 8ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,000 - S X POLICY X PRO- LOC A AUTOMOBILE LIABILITY CAP 3635059 04/01/16 04/01/17 COMBINEDSINGLELIMIT 1,000,000 Ea accident S BODILY INJURY (Per person) S X ANY AUTO BODILY INJURY (Per accident) S . g ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE S Per accident S. B X UMBRELLALIAB HOCCUR ZUP-81M32998-15-NF 04/01/16 04/01/17 EACH OCCURRENCE S 10,000,000 AGGREGATE S 10, 000, 000 EXCESS LIAR CLAIMS -MADE DED RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC3635060 04/01/16 04/01/17 WC TOORYLIMI S OEH- E.LEACH ACCIDENT S 500,000 E.L. DISEASE - EA EMPLOYEE S 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A E.L. DISEASE - POLICY LIMIT S 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Blair Detention Basin - City of Blair, NE - Schemmer Project No. 06832.001 City of Blair (Owner) and The Schemmer Associates, Inc. (Engineer) is an Additional Insured on a Primary and Non -Contributory basis, including Completed Operations on the General Liability, if required by written contract, with respect to the Operations of the Named Insured. A Waiver of Subrogation on the General Liability and Worker's Compensation is in favor of City of Blair (Owner) and The Schemmer Associates, Inc. (Engineer), if required by written contract. rCGTICIr ATG 6lnl nGR CANCFI I ATInN ACORD 25 (2014/01) kworkmanne 47610741 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Blair THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 218 South 16th Blair, NE 68008 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2014/01) kworkmanne 47610741 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD