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AIA Sean Negus Constuction
1L ® TM A?z1v.- Document A101 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Sixth day of July in the year Two Thousand Fifteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Blair Public Library Foundation P.O. Box 743 Blair, NE 68008 and the Contractor: (Name, legal status, address and other information) Sean Negus Construction LLC 11828 N. 34th Avenue Omaha, Nebraska 68112 for the following Project: (Name, location and detailed description) Blair Public Library and Technology Center Earthwork Package The Architect: (Name, legal status, address and other information) ' The Clark Enersen Partners 1010 Lincoln Mall, Suite 200 Lincoln, Nebraska 68508 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author. has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the I maximum extent possible under the law. This documentwas produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than September 01, 2015. If the work is not substantially complete on or before this date, or within this period of time, or extension thereof granted by the Owner, damage will be sustained by the Owner and that it is and will be impracticable and extremely difficult to fix the actual damage which the Owner will sustain in the event of and by reason of such delays. The AIA Document A101Tm — 2007. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced byAlA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) Contractor shall pay to the Owner liquidated damages in the sum of $0.00 for each calendar day of delay. Any sums that may be due the Owner as liquidated damages may be deducted from any monies due or to become due the Contractor under the Contract or may be collected from the Contractor's surety. ('Table deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Ninety-seven Thousand Eight Hundred Dollars and Zero Cents ($ 197,800.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) § 4.3 Unit prices, if any: (Identify and state the unitprice; state quantity limitations, if any, to which the unitprice will be applicable.) Item Price Per Unit ($0.00) Unit Price No. 1 $18.00/CY Unit Price No. 2 $1.40/SY Unit Price No. 3 $1.00/Sy Unit Price No. 4 $60.00/LF Unit Price No. 5 $65.00/LF Unit Price No. 6 $75.00/LF Unit Price No. 7 $37.00/LF Unit Price No. 8 $37.00/LF Unit Price No. 9 $2,200.00/EA Unit Price No. 10 $300.00/VF Unit Price No. 11 $30.00/CY Unit Price No. 12 $6.00/SF Unit Price No. 13 $70.00/SY § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if arty, from the allowance pace.) (Table deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: AIA Document A101 TM — 2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible underthe law. This document was produced byAIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirtieth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent (10.00 %). .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, less retainage of Ten percent ( 10.00 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if arty.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) The amount retained shall be 10% of the value of Work until 50% of the Work has been completed. At 50% completion, further partial payments shall be made in full to the Contractor and no additional amounts may be retained unless the Architect certifies that the Work is not proceeding satisfactorily, but amounts previously retained shall not be paid to the Contractor. At 50% completion or any time thereafter when the progress of the Work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of Work completed. § 5.1 .9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced byAlA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in ivriting to a binding dispute resolution method other than litigation, Claims hill be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Spec) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) 6.00 % per annum § 8.3 The Owner's representative: (Name, address and other information) Rodney Storm Blair City Administrator 218 South 16th Street Blair, Nebraska 68008 AIA Document A101 TM' — 2007. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 5 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) § 8.4 The Contractor's representative: (Name, address and other information) Sean Negus Sean Negus Construction LLC 11828 N. 34th Avenue Omaha, Nebraska 68112 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: § 8.6.1 This Agreement shall not become effective until concurred in writing by the Agency. Such concurrence shall be evidences by the signature of a duly authorized representative of the Agency in the space provided at the end of this Attachment to the Agreement. The concurrence so evidenced by the Agency shall in no way commit the Agency to render financial assistance to the Owner and is without liability to the Agency for any payment thereunder, but in the event such assistance is provided, the concurrence shall signify the provisions of this Agreement are consistent with Agency requirements. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document Al 01-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Project Manual Advertisement for Bids May 2015 2 Project Manual Instructions to Bidders May 2015 1 Project Manual Supplementary Instructions to Bidders May 2015 1 Project Manual Geotechnical Data May 2015 38 Project Manual Bid Form May 2015 4 Project Manual General Conditions May 2015 1 Project Manual Supplementary Conditions May 2015 8 Attachment to the Standard Form of Agreement 4 Between Owner and Contractor General Conditions of the Contract for Construction, 41 AIA A201-2007 Attachment to the General Conditions of the Contract for Construction (RD Instruction 1942-A, Guide 27, Attachment 4) Special Conditions § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) AIA Document A101 TM — 2007. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) Section Title Date Pages 01 1000 Summary May 2015 4 01 22 00 Unit Prices May 2015 4 01 23 00 Alternates May 2015 2 01 2500 Substitution Procedures May 2015 3 01 2600 Contract Modification Procedures May 2015 3 01 29 00 Payment Procedures May 2015 5 01 3100 Project Management and Coordination May 2015 7 01 3300 Submittal Procedures May 2015 8 01 40 00 Quality Requirements May 2015 8 01 50 00 Temporary Facilities and Controls May 2015 7 01 73 00 Execution May 2015 8 01 7700 Closeout Procedures May 2015 5 01 78 39 Project Record Documents May 2015 3 02 40 00 Selective Demolition May 2015 4 03 30 00 Cast -In -Place Concrete May 2015 18 22 13 13 Facility Sanitary Sewers May 2015 1 31 00 00 Earthwork May 2015 10 31 1000 Site Clearing May 2015 2 31 22 19 Finish Grading May 2015 2 31 25 00 Erosion and Sedimentation Control May 2015 5 32 13 13 Portland Cement Concrete Paving May 2015 3 32 92 00 Turf and Grasses May 2015 9 32 92 19 Temporary Seeding May 2015 4 33 41 00 Storm Drain Systems May 2015 1 § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date G0.00 Cover Sheet / Index of Drawings April 13, 2015 C1.01 Public Sanitary Sewer Plan and Profile April 13, 2015 C2.01 Public Storm Sewer Plan and Profile April 13, 2015 L1.01 Existing Conditions April 13, 2015 L2.01 Site Layout Plan (For Reference Only) April 13, 2015 L3.01 Site Grading Plan April 13, 2015 L3.02 Spot Elevation Plan March 24, 2015 L3.03 Erosion Control Plan April 13, 2015 L3.04 Erosion Control Details April 13, 2015 L4.01 Site Planting Plan April 13, 2015 § 9.1.6 The Addenda, if any: Number Date Pages Addendum No. 1 June 2015 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM 2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A101Tm — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No,8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AL4 Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Invitation for Bids (Form RD 1924-5) Instructions to Bidders, AIA 701-1997 Attachment to the Instructions to Bidders (RD Instruction 1924-A, Guide 27, Attachment 2) Bid Form Bid Bond Compliance Statement (Form RD 400-6) Payment Bond Performance Bond Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions (Form AD 1048) Disclosure of Lobbying Activities (SF -LLL) Certification for Contracts, Grants and Loans (RD Instruction 1940-Q, Exhibit A-1) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liabilityfor insurance required in Article 11 ofA74 Document A201-2007.) Type of insurance or bond See Project Manual, Supplementary Conditions, Section 00 73 00, Article 11 AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) This Agreement entered into as of the day and year first written above. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below: ATTEST: Type Name Title Date ATTEST: yrs oK— Type Name WO. Title (Table deleted) Date -1 It it T - AGENCY By _ Type Name Z L Title 12D A -O -c I i -rEGT" Date 7JLILY ZAn15g' OWNER: By Type Name Title p� Date it CONTRACT By Type Name V S", Title Prg siA-a'4- Date ,I PHIS' The concurrence so evidenced by the Agency shall in no way commit the Agency to render financial assistance to the Owner and is without liability to the Agency for any payment hereunder, but in the event such assistance is provided, the concurrence shall signify the provisions of this Agreement are consistent with Agency requirements. AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) Additions and Deletions Report for AIA& Document A101 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:20:40 on 07/06/2015. AGREEMENT made as of the Sixth day of Luly in the year Two Thousand Fifteen Blair Public Library Foundation P.O. Box 743 Blair, NE 68008 Sean Negus Construction LLC 11828 N. 34th Avenue Omaha, Nebraska 68112 Blair Public Library and Technology Center Earthwork Package The Clark Enersen Partners 1010 Lincoln Mall, Suite 200 Lincoln, Nebraska 68508 PAGE 2 § 3.1 The date e€ commencement 1, , pr-evmade rer- the date to be fixed eaa : ,oa by theOmser IT--, a,.f„ ,.r�,,,,,,,, .. will be fixed in a notice topreeeed) proceed. The Contractor shall achieve Substantial Completion of the entire Work not later than September 01, 2015. If the work is not substantially complete on or before this date or within this period of time, or extension thereof granted by the Owner, damage will be sustained by the Owner and that it is and will be impracticable and extremely difficult to fix the actual damage which the Owner will sustain in the event of and by reason of such delays. The Contractor shall pay to the Owner liquidated damages in the sum of $0.00 for each calendar day of delay. Any sums Additions and Deletions Report for AIA Document A10111-2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No. 8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) that may be due the Owner as liquidated damages may be deducted from any monies due or to become due the Contractor under the Contract or may be collected from the Contractor's surety. Pertinn of -Werk Substantial Gempletion Dat PAGE 3 § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Ninety-seven Thousand Eight Hundred Dollars and Zero Cents ($ 197,800.00 ), subject to additions and deductions as provided in the Contract Documents. lteM Units and I imiM+inns Item Price Per Unit ($0.00) Unit Price No. 1 $18.00/CY Unit Price No. 2 $1.40/SY Unit Price No. 3 $1.00/SY Unit Price No. 4 $60.00/LF Unit Price No. 5 65.00/LF Unit Price No. 6 $75.00/LF Unit Price No. 7 37.00/LF Unit Price No. 8 $37.00/LF Unit Price No. 9 $2,200.00/EA . Unit Price No. 10 $300.00/VF Unit Price No. 11 $30.00/CY Unit Price No. 12 $6.00/SF Unit Price No. 13 $70.00/SY 400 Prise PAGE 4 § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirtieth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Fo -five ( 4D days after the Architect receives the Application for Payment. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of pereent ( 0,;) Den din meluded as pr-EK4ded in Seetion 7.3.9 of AIA Deetiment A201TM 2007 Gene al n,...a:t:,..,.. E)fth Geeta.. c .. G,..,..+..,.egie.,.Ten percent C10.00 I/o Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed eens4e (or, if appreved :n Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) advanee by the Oyffier-, suitably ster-ed eff the site at a leea6en agFeed upon in vff ifing), less retainage ef pereent-� onstruction, less retainage of Ten percent ( 10.00 %); The amount retained shall be 10% of the value of Work until 50% of the Work has been completed. At 50% completion further partial payments shall be made in full to the Contractor and no additional amounts may be retained unless the Architect certifies that the Work is not proceeding satisfactorily, but amounts previously retained shall not be paid to the Contractor. At 50% completion or any time thereafter when the progress of the Work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of Work completed. PAGE 5 [ X ] Litigation in a court of competent jurisdiction 6.00 % per annum Rodney Storm Blair City Administrator 218 South 16th Street Blair, Nebraska 68008 PAGE 6 Sean Negus Sean Negus Construction LLC 11828 N. 34th Avenue Omaha, Nebraska 68112 & 8.6.1 This Agreement shall not become effective until concurred in writing b the he Agency. Such concurrence shall be evidences by the signature of a duly authorized representative of the Agency in the space provided at the end of this Attachment to the Agreement. The concurrence so evidenced by the Agency shall in no way commit the Agency to render financial assistance to the Owner and is without liability to the Agencyfor or any payment thereunder, but in the event such assistance is provided the concurrence shall signify the provisions of this Agreement are consistent with Agency requirements. Project Manual Advertisement for Bids May 2015 2 Project Manual Instructions to Bidders May 2015 1 Project Manual Supplementary Instructions to Bidders May 2015 1 Project Manual Geotechnical Data May 2015 38 Proiect Manual Bid Form May 2015 4 Proiect Manual General Conditions May 2015 1 Project Manual Supplementary Conditions May 2015 8 Attachment to the Standard Form of Agreement 4 Between Owner and Contractor General Conditions of the Contract for Construction, 41 AIA A201-2007 Attachment to the General Conditions of the Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) PAGE 7 PAGE 8 Contract for Construction (RD Instruction 1942-A, Guide 27, Attachment 4) Special Conditions 01 1000 Summary May 2015 4 01 22 00 Unit Prices Maw 4 01 23 00 Alternates May 2015 2 01 25 00 Substitution Procedures May 2015 3 01 26 00 Contract Modification Procedures MU 2015 3 01 29 00 Payment Procedures May 5 01 31 00 Project Management and Coordination May 2015 7 01 33 00 Submittal Procedures May 2015 8 01 40 00 Quality Requirements May 015 8 01 50 00 Temporary Facilities and Controls May 2015 7 01 73 00 Execution May 2015 8 01 77 00 Closeout Procedures May 2015 5 01 78 39 Project Record Documents May 2015 3 02 40 00 Selective Demolition May 2015 4 03 30 00 Cast -In -Place Concrete May 18 2213 13 Facility Sanitary Sewers May 2015 1 31 00 00 Earthwork May 10 31 1000 Site Clearing May 2015 2 31 22 19 Finish Grading May 2 31 25 00 Erosion and Sedimentation Control Maw 5 3213 13 Portland Cement Concrete Paving May 2015 3 32 92 00 Turf and Grasses May 9 32 92 19 Temporary Seeding May 2015 4 33 41 00 Storm Drain Systems Ma 2015 1 G0.00 Cover Sheet / Index of Drawings April 13, 2015 C1.01 Public Sanitary Sewer Plan and Profile April 13, 2015 C2.01 Public Storm Sewer Plan and Profile April 13, 2015 L1.01 Existing Conditions April 13, 2015 L2.01 Site Layout Plan (For Reference Only) April 13, 2015 L3.01 Site Grading Plan April 13, 2015 L3.02 Spot Elevation Plan March 24, 2015 L3.03 Erosion Control Plan April 13, 2015 L3.04 Erosion Control Details April 13, 2015 L4.01 Site Planting Plan April 13, 2015 Addendum No. 1 June 2015 Invitation for Bids (Form RD 1924-5) Instructions to Bidders, AIA 701-1997 Attachment to the Instructions to Bidders (RD Instruction 1924-A, Guide 27, Attachment 2 Bid Form Bid Bond Compliance Statement (Form RD 400-6) Payment Bond Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No. 8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) Performance Bond Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions (Form AD 1048) Disclosure of Lobbying Activities (SF -LLL) Certification for Contracts Grants and Loans (RD Instruction 1940-Q, Exhibit A-1) Type of insurance or bond See Project Manual Supplementary Conditions, Section 00 73 00, Article 11 Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) This Agreement entered into as of the day and year first written above. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials this Agreement in duplicate on the respective dates indicated below: OWNER: ATTEST: By Type Name Type Name Title Title Date Date CONTRACTOR: ATTEST: By Type Name Type Name Title Title (Pr-h#e,4 name and title) (A-hited iianie and title) Date Date AGENCY CONCURRENCE: By Type Name Title Date The concurrence so evidenced by the Agency shall in no way commit the Agency to render financial assistance to the Owner and is without liability to the Agency for any payment hereunder, but in the event such assistance is provided, the concurrence shall signify the provisions of this Agreement are consistent with Agency requirements. Additions and Deletions Report for AIA Document A101 Tm — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) Certification of Document's Authenticity AIA® Document D401 TM —2003 I, Joy Bullington, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification, at 15:20:40 on 07/06/2015 under Order No. 8143844491_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101TM — 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. Olgi� (ZD1S (Dated) AIA Document D401 TM — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIAA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:20:40 on 07/06/2015 under Order No.8143844491_1 which expires on 02/01/2016, and is not for resale. User Notes: (1130639929) USDA Form Approved Form RD 400-6 OMB No. 0575-0018 (Rev.12-09) COMPLIANCE STATEMENT This statement relates to a proposed contract with The Blair Public Library Foundation (Name of borrower or grantee) who expects to finance the contract with assistance from either the Rural Housing Service (RHS), Rural Business -Cooperative Service (RBS), or the Rural Utilities Service (RUS) or their successor agencies, United States Department of Agriculture (whether by a loan, grant, loan insurance, guarantee, or other form of financial assistance). I am the undersigned bidder or prospective contractor, I represent that: 1. I [ have, El have not, participated in a previous contract or subcontract subject to Executive Order 11246 (regarding equal employment opportunity) or a preceding similar Executive Order. 2. If I have participated in such a contract or subcontract, I N have, ❑ have not, filed all compliance reports that have been required to file in connection with the contract or subcontract. If the proposed contract is for $50,000 or more: or ❑ If the proposed nonconstruction contract is for $50,000 or more and I have 50 or more employees, I also represent that: I K have, ❑ have not previously had contracts subject to the written affirmative action programs requirements of the Secretary of Labor. If I have participated in such a contract or subcontract,XI have, ❑ have not developed and placed on file at each establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor. I understand that if I have failed to file any compliance reports that have been required of me, I am not eligible and will not be eligible to have my bid considered or to enter into the proposed contract unless and until I make an arrangement regarding such reports that is satisfactory to either the RHS, RBS or RUS, or to the office where the reports are required to be filed. I also certify that I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I certify further that I will not maintain or provide for my employees any segregated facilities at any of my establishments, and that I will not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I agree that a breach of this certification is a violation of the Equal Opportunity clause in my contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. I further agree that (except where I have obtained identical certifications for proposed subcontractors for specific time periods) I will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that I will retain such certifications in my files; and that I will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of ii fonnation unless it displays the valid OMB control number. The valid OMB conrol nunnberfor this information collection is 0575-0018. The time required to complete this information collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching evisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Position 6 RD 400-6 (Rev. 12-09) U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier, participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization i4e btc Prey A ,-L Names) and Title(s) of Authorized Representative(s) PR/Award Wraber or Project �.I -71 ?1� Signature(s) Date Form AD -1048 (1/92) RD Instruction 1940-Q Exhibit A-1 CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ?(,,,est 6 A+ (title) 0 `-1I?I1s (date) (08-21-91) PN 171 14. Certificate of Owner's Attornev. I, the undersigned, V h��Z acting legal representative ofHalf- lbI( C , do hereby certify as RD Instruction 1942-A Guide 18 Page 7 the duG1Y authorized and Uro oLAnc(,,0 fi Al follows I have examined the attached contract(s) and performance and payment bond(s) and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements are adequate and have has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions, and provisions thereof. Date — NOTE: Delete phrase "performance and payment bonds" when not applicable. (2-19-86) PN 998 SEANN-1 OP ID: GW CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/29/2015 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS THIS CERTIFICATE IS ISSUED CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 CONTA NAME;CT Lori Menichetti AFIS Marcotte Insurance Agency, Inc PHONE 402-398-9009 1 No):402 -398-0917 Ext AIC11422 Miracle Hills Drive 9100 Omaha, NE 68154-4420 E-MAIL E-MAIL Imenichetti marcotteins.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Gordon Wehner, CLOS, CAWC INSURERA:Columbia National Insurance Co 19640 A INSURED Sean Negus Construction LLC INSURER B : INSURERC: SNC LLC Heavy Haulers A Oak Point Properties Inc. INSURER D: INSURER E: Attn: Sean Negus 11828 N 34th Ave Omaha NE 68112 INSURER F: n,r.0 �n ,nn000. COVERAGES L.tK I II -It A I r- NUIVIDGR:— - - 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. LTR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FV --1 OCCUR ADDL X SUB POLICY NUMBER CMPNE0000013993 POLICY EFF MMIDD/YYYY 05/25/2015 05/25/2015 POLICY EXP MM/DD/YYYY 05/25/2016 05/25/2016 LIMITS EACH OCCURRENCE $ 1,000,000 A DAM ETORENTED 100,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC AUTOMOBILE LIABILITY X ANY AUTOCAPNE0000013993 ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS $ COMBINED SINGLE LIMIT 1,000,000 Ea accident A BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ PER ACCIDENT $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N / A CUPNE0000013993 WCPNE0000013993 CMPNE0000013993 05/2512015 05/25/2015 05/25/2015 05/25/2016 05/25/2016 05/25/2016 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ X DR STATUS OTH- TO LIMITS I I E DED X RETENTION$ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY500 ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Equipment Floater A E.L. EACH ACCIDENT $ 000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 See Remarks A DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder and The Clark Enersen Partners are additional insured on the General Liability, including completed operations, with respect to work performed by the named insured under written contract re: Blair Public Library and Technology Center - Earthwork Package. FI B LAI R-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Blair Public Library Foundation AUTHORIZED REPRESENTATIVE P.O. Box 743 Blair, NE 68008 ACORD 26 (2010105) n nnnnno A7ln Al All At kf4 raeertr ati v ,aw-w,v n......,..+....... �... ..._ The ACORD name and logo are registered marks of ACORD SEANN-1 OP ID: GW CERTIFICATE OF LIABILITY INSURANCE DATE 06/29/2015Y) 06/29/2015 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 POLI LIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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). CONTA PRODUCER NAME:CT Lori Menichetti AFIS Marcotte Insurance Agency, Inc PHONE 402-398-9009 a/c No): 402-398-0917 11422 Miracle Hills Drive #100 E-MAIL A/c Ext L Omaha, NE 68154-4420 ADDRESS: menichettl@marcotteins.com Gordon Wehner, CLOS, CAWC INSURERS AFFORDING COVERAGE NAIC # INSURERA:Columbia National Insurance Co 19640 INSURED Sean Negus Construction LLC INSURER B: SNC LLC INSURERC: Heavy Haulers Oak Point Properties Inc. INSURER D: Attn: Sean Negus INSURER E: 11828 N 34th Ave Omaha NE 68112 INSURER F COVERAGES CERTIFICATE NUMBER: 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, ILTR ADD SUB POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CMPNE0000013993 05/25/2015 05/25/2016 PREMISES DAMAGE TO 100,000 A X COMMERCIAL GENERAL LIABILITY X PREMISES Ea occurrence $ CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 17 POLICY X PRC LOC $ JECTCOMBINED SINGLE LIMIT 1 000,000 AUTOMOBILE LIABILITY Ea accident $ A X ANY AUTO CAPNE0000013993 05/25/2015 05/25/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON -OWNED PER ACCIDENT $ X HIRED AUTOS. X AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE CUPNE0000013993 05/25/2015 05/25/2016 AGGREGATE $ 1,000,000 DED I X I RETENTION$ 10,000$ WORKERS COMPENSATION X TWATU DRSLS OER AND EMPLOYERS' LIABILITY 500,000 A ANY PROPRIETOR/PARTNERIEXECUTIVE YIN N WCPNE0000013993 05/25/2015 05/25/2016 E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N / A500 000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below A Equipment Floater CMPNE0000013993 05/25/2015 05/25/2016 See Remarks DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder and The Clark Enersen Partners are additional insured on the General Liabilityr including completed operations, with respect to work performed by the named insured under written contract re: Blair Public Library and Technology Center - Earthwork Package, CERTIFICATE HOLDER CANCELLATION B LAI R-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Blair Public Library Foundation AUTHORIZED REPRESENTATIVE P.O. Box 743 Blair, NE 68008 }?Od(t� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Bond # RCN2121667 * * PERFORMANCE BOND *� * The American Institute of Architects, * . * AIA Document No. A312 (December, 1984 Edition) * * * Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): Blair Public Library Foundation Sean Negus Construction 11828 N. 34th Ave P.O. Box 743 Omaha, NE 68112 Blair, NE 68008 SURETY (Name and Principal Place of Business): CONSTRUCTION CONTRACT Old Republic Surety Company Date: 06/11/2015 1416 28th St, Ste 420 Amount $197,800.00 West Des Moines, IA 60266 Description (Name and Location): Blair Public Library and Technology Center - Earthwork Project BOND Date (Not earlier than Construction Contract Date): 06/11/2015 Amount: $197,800.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Sean Negus onVtruction Signature: Name and Title: Seanus, Owner (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: Marcotte Insurance Agency, Inc. Gordon Wehner 11422 Miracle Hills DMID, Ste 100 Omaha, NE 68164 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default/ the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and ORSC 22119 (1093) ® None ❑ See Page 2 SURETY , 0�....... , Company: (C01 o_ Old Republic,�urety Company Signature: Name and Title: nee L. West, Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Architect The Clark Enersen Partners 1010 Lincoln Mall, Ste 200 Lincoln, NE 68506 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 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: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4-2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors, or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default or Page 1 of 2 I 4.4 Waive its right to perform and complete, arrange for completion, Or'obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 6 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greaterthan those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 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 4; and 6.3 Liquidated damages, or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor - 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to any person or entity other than the Owner or Its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor 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_ 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 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 statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the 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 Constriction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. N/A (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) Company: Sean Nequs Construction Address: 11828 N. 34th Ave SURETY .. JOV.......... A =g �E d> to (CC Company: Old Republic Surety Company Address: 11422 Miracle Hills Drive, Ste 100 Omaha, NE 68112 Omaha, NE 68154 Name and Title: Sean N8 US, Owner Name and Title: GA nee L. West, Attorney -in -Fact Signature:�44 Signature: , ORSC 22119 (10-93) Page 2 of 2 -A, X URET Y COMP rwv_Lr< yr A i i vni�� , uA,"° = _ KNOV1IzEN BY THESE PRES}�LTfi ltat OLD REPUBLIC JB` COMPANY, a Wiscous_fs_T k insurance corporation3� ke, constitute and appoint: � — _ — _ MICHAEL J�LASER, LORI M. MENICHETT#��A�-1_O V_ BUSHEY, GREGOR�J.=RWLSEN, JEFFREY KEHR Ed LOWEST, JONATHANY #iIlEGER, LORRIE L. PAINTER,PFC)MAHA, NE -=Al 00 DQ_0oAW g2 r and on behalf of the? as surety, to execute anomer _R a and lawful Attomo bi, with full power and �fy, not exceeding $50, and affix the seal of the companythereto (if a seal is required); boiids, undertakings, recogmzances or other written obligatGn .the nature thereof, (other than bail bonds; bank deposit ory bonds, mortgage deficiency bonds mortgage guaranty bonds' guarantees of installment paper and note guaranty bonds} self-insurance workers compensation -bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste managemenfbonds, hazardous waste remed�on bonds or black lung bonds), as flaws: ALL--__Ii�.F=TEN INSTRUMENTS 19-1 v1OUNT NOT TO EXG�_ 3+ AGGREGATE OF ONE MILL-TON—D-OLLARS($1WEEF,000,000)---4 ---------- FOR ANY SW6L� _ - OBLIGATIO_NOW -A tDLESS OF THE I OF INSTRUMENTSYSSMb�DA THE OBLIGATID3 and to bind OLD REP `iTY COMPANY threby_ita�ll of the acts of saidtfor�reyin-Fact, pursuant to tSents, are ratified and confiiried -hbgla is document is not validness=rintedon colored backgzaand_and is multi -colored. Thisap went is made under arab _autfioriof the board of dii�e�b special meeting held on= _ ruary 18, 1982. This Powe QUA- torney is signed and sealR�Oacsimile under and by the aVill city o the following resoliifiof adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESO�BD that, the president, any viargsident, or assistant vice pr- de_gr t, in conjunction with thegcretary or any assistant secre-,may appoint attorn g ui act or agents with authon fined or limited in the tris r� ent evidencing the appon�rien I each case, for and on bchaT f the company to execu del uet and affix the seal of�Te company to bonds, undeAdEngs�a gm ances, and suret�siup options of all kinds; ani said c fl`icers may remove any such attc�iey�a-factor agent and revok_�any_-�wer of Attorney previously granted to such person. r - _. RESOLVEDFLJRTI K, that any bond, undertaku_Wecognizance, or suretysh p vb gation shall be valid ari d n upon the Company (i) when signed i f eg3reaident, any vice presi ed ff-6cassistant vice president, aV-3 Stand sealed (if a sea eq> by any secretary of as rstaritl^ secretary; or j - (ii) when signed by tlr�Went, any vice president or-sgjstant vice president, secre assistant secretary, and cou ersigned and sealed (if a seT" required) by a duly authorized attorney-in-fact or agent; or (iii) when -duly executed and sealed (if a.seal be required) by one or moreattomeys-in-fact or agents pursuant to and within the limits of -the authority evidenced by the Power of Attome3 sued by the company to such ;son or persons. RESOLVED—RUIi'3'HER, that the signs e ofggpygmthorized officer � the sena of the company ma - e a facsimile to any ower #torney or certification theieoauthorizing the executiontlelivery of any bond, unmaking, recognizance, or otherrretysup obligations of the corpan and such signature a eA�:� ch so used shall have fd C force and effect as tho[ hA fi u�_ affixed. k M IN WITNESS Wi RL 1D REPUBLIC SUMV0 DI�tI'ANY has caused thesq serfs to be signed by its pro}z�r mer, and its corporate=seaL£o be= =Wed this 22ND why of APRIL 2015 - - - 0. �OLD REPUBLIC SURETY COMPANY �.ru 'I E0►ri �F MAL Ass secre( - ey STATE OF WTT_ , COUNTY OF W -MAR AA -SS P �Ident == On this 22Nb _ qday of APRIL. 2 T ,personally eamM forte— Alam�aylrz = - _ _=_ = Phyllis M. Johnsc�z_= to me known= a individuals and officurole OLD REPUBLIC SU-0MPANY who execut_4ie afiove instrument, and they each ac — ow edged the execution of the same, and being by me duly sworn, did severally depose and say�If at they are the said officers ofthe corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly of d and subscribed to the said instrument by the authority of th_M6aazd of directors of said cor lion, y/ Y fC;,r Notary Publif b _ My com�n�ssronxpires: 9/2812078= ( iration of notary comings nAoes not invalidate fms_ins went) ='G�RTIFICATE -I, the undersigned, assiss retary of the OLD REPUBI�SURETY COMPANY, aWisconsin corporation, CERTII;Yat the foregoing and attacfied Pawer of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. _ = _ - 40-128 "t 5' - ign of Brookfield, WI this —day of June 015 _� c v �_-- Si ed and sealed at:_ disk 'SEAL � MARCOTTE INSURA ENCY, INC — -