Luxa Construction CompanyULd A011TI M
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between City of Blair, Nebraska ("Owner") and
Luxa Construction Co., Inc.
("Contractor")
Owner and Contractor hereby agree as follows:
ARTICLE 1— WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 — THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: The Project location is the Deerfield Addition, Lots 86 and 87, Deerfield Drive and US
Highway 75, Blair, Nebraska. The Project consists of preparing the streets for the future
construction of the Blair Public Library and Technology Center. Project to include work on Lots
86 and 87 in the areas of street pavement including, but not limited to, grading, sub -grade
preparation, sidewalk construction and concrete roadway construction.
ARTICLE 3— ENGINEER
3.01 The part of the Project that pertains to the Work has been designed by The Clark Enersen
Partners, Lincoln, Nebraska.
ARTICLE 4 — CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Dates
A. The Work will be substantially completed on or before November 13, 2015, and completed
and ready for final payment in accordance with Paragraph 15.06 of the General Conditions.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01
above and that Owner will suffer financial and other losses if the Work is not completed
within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in
accordance with the Contract. The parties also recognize the delays, expense, and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered
by Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty):
1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires
after the time (as duly adjusted pursuant to the Contract) specified in Paragraph
4.02.A above for Substantial Completion until the Work is substantially complete.
2. Liquidated damages for failing to timely attain Substantial Completion are not additive
and will not be imposed concurrently.
ARTICLE 5 — CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:
A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item):
ItemBid
Description
Estimated
Units
Unit
Bid Price
No.
Quantity
Price
1
Concrete sidewalk, 4" thick
2,292
SF
$4.66
$10,680.72
2
Concrete street pavement
with integral curb, 7" thick
2,145
SY
$49.80
$106,821.00
Full depth sawcut, remove
3
and dispose existing
95
LF
$11.65
$1,106.75
concrete curb and gutter
Total of All Unit Price Bid Items
$118,608.47
Mobilization (Lump Sum)
$4,994.82
Total of All Unit Price Bid Items and Mobilization
$123,603.29
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract
are based on estimated quantities. As provided in Paragraph 13.03 of the General
Conditions, estimated quantities are not guaranteed, and determinations of actual
quantities and classifications are to be made by Engineer.
ARTICLE 6 — PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by Engineer as provided in
the General Conditions,
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment as provided in Paragraph 6,02.A.1 below, provided
that such Applications for Payment have been submitted in a timely manner and otherwise
meet the requirements of the Contract. All such payments will be measured by the
Schedule of Values established as provided in the General Conditions (and in the case of
Unit Price Work based on the number of units completed) or, in the event there is no
Schedule of Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
a. 90 percent of Work completed (with the balance being retainage). If the Work has
been 50 percent completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to Owner and Engineer, then as long
as the character and progress of the Work remain satisfactory to Owner and
Engineer, there will be no additional retainage; and
b. 90 percent of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts set off
by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
Engineer's estimate of the value of Work to be completed or corrected as shown on the
punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.
ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents, and any data and
reference items identified in the Contract Documents.
B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect
cost, progress, and performance of the Work.
D. Contractor has carefully studied all: reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, especially with respect to Technical Data in such reports and
drawings.
E. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Site -related
reports and drawings identified in the Contract Documents, with respect to the effect of
such information, observations, and documents on (1) the cost, progress, and performance
of the Work; (2) the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor; and (3) Contractor's safety precautions and
programs.
F. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract.
G. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
H, Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
J. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
ARTICLE 8 — CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
1. Advertisement for Bids and Instruction to Bidders
2. This Agreement (pages 1 to 8, inclusive).
3. Contractor's Performance and Payment Bonds
4. Contractor's Bid Bonds
5. General Conditions (pages 1 to 72, inclusive).
6. Supplementary Conditions (pages 1 to 4, inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings (not attached but incorporated by reference) consisting of 7 sheets with
each sheet bearing the following general title: Blair Public Library — Street Paving
Package.
a. Geotechnical Data Report
9. Addenda (number 1, inclusive).
10. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages 1 to 4, inclusive).
11. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice of Award and Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
B. The documents listed in Paragraph 8.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 8.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.
ARTICLE 9 — MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions,
9.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of
any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be bound; and, specifically but without
limitation, money that may become due and money that is due may not be assigned
without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
9.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue
to be valid and binding upon Owner and Contractor, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
9.05 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
9.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of
value likely to influence the action of a public official in the bidding process or in the
Contract execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c)
to deprive Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish Bid prices
at artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.
9.06 Other Provisions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
based on EJCDC° C-700, Standard General Conditions for the Construction Contract,
published by the Engineers Joint Contract Documents Committee°, and if Owner is the
party that has furnished said General Conditions, then Owner has plainly shown all
modifications to the standard wording of such published document to the Contractor,
through a process such as highlighting or "track changes" (redline/strikeout), or in the
Supplementary Conditions.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on 20 July 2015 (which is the Effective Date of the Contract).
OWNER:
By:
Aj
Title: , 1"t ("14
err
a
Attest:'
-.i
Title:kJ
Address for giving notices
CONTRACTOR:
7
By:
Title:;(G����
(If Contractor is a corporation, a partnership, or a joint
venture, attach eviAAnce of authority to sign,)
Attest:
Title:
Address for gMng notices:
License No.: &U6—
(where applicable)
(If Owner is a corporation, attach evidence of authority NOTE TO USER: Use in those states or other
to sign. If Owner is a public body, attach evidence of jurisdictions where applicable or required.
authority to sign and resolution or other documents
authorizing execution of this Agreement.)
ORi(itNAL BOND,.Of
Blair Public Library and Technology Center 05/15
Street Pavement Package
Blair, Nebraska
862-001-14
SECTION 00 6113 - PERFORMANCE BOND
PERFORMANCE BOND
CONTRACTOR (name and address):
Luxa Construction Company, Inc.
PO Box 105
Blair, NE '68008
OWNER: The City of Blair
218 South 16th Street
Blair, Nebraska 68008
SURETY (name and address of principal place of business):
Hudson Insurance Company
100 William St., 5th Floor
New York, NY 10038
CONSTRUCTION CONTRACT
Effective Date of the Agreement: July 20, 2015
Amount: $123,603.29
Description (name and location): Blair Public Library and Technology Center, Street Pavement
Package, Blair., Nebraska
BOND
Bond Number: HGMW-10-A15-0308
Date (not earlier than the Effective Date of the Agreement of the Construction Contract): August 5, 2015
Amount:$123,603.29
Modifications to this Bond Form: ❑X None -1 See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do,e4ch' cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
LURA CONSTRUCTION COMPANY, INC. HUDSON
(seal)
Contractor's Name and Corporate Seal
By: -e&:4 Z– �� —
Signature
Z&/ % GOka-
Print Name
Title
PERFORMANCE BOND
(`� Clark
�`�.` � Partner s
Corporate Seal
Signature (gtt6)h power of attorney)
James" M. King
Name
Attorney -in -Fact
Title
006113.1
Pap
Blair Public Library and Technology Center
Street Pavement Package
Blair, Nebraska
862-001-14
Attest:
Signature
Title
Attest:
Signature
Title
05/15
Notes. (1) Provide supplemental execution by any additional parties, such as Joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party shall be considered plural where applicable.
PERFORMANCE BOND 006113-2
02`he
� Clark
WIN'S Pa tners
Page Z / /0
Blair Public Library and Technology Center
Street Pavement Package
Blair, Nebraska
862-001-14
1. The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors, and
assigns to the Owner for the performance of the Construction
Contract, which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety
and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in
Paragraph 3.
3. If there is no Owner Default under the Construction Contract,
the Surety's obligation under this Bond shall arise after:
3.1 The Owner first provides notice to the Contractor and
the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall Indicate whether the Owner is
requesting a conference among the Owner, Contractor, and
Surety to discuss the Contractor's performance. If the Owner
does not request a conference, the Surety may, within five (5)
business days after receipt of the Owner's notice, request such a
conference. If the Surety timely requests a conference, the
Owner shall attend, Unless the Owner agrees otherwise, any
conference requested under this Paragraph 3.1 shall be held
within ten (10) business days of the Surety's receipt of the
Owner's notice. If the Owner, the Contractor, and the Surety
agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default;
3.2 The Owner declares a Contractor Default, terminates
the Construction Contract and notifies the Surety; and
3.3 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 Paragraph 3.1 shall not constitute a failure to comply
with a condition precedent to the Surety's obligations, or release the
Surety from Its obligations, except to the extent the Surety
demonstrates actual prejudice.
S. 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:
PERFORMANCE BOND
The
Clark
Pa trier
05/15
5.1 Arrange for the Contractor, with the consent of the
Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction
Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,
arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the owners concurrence,
to be secured with performance and payment bonds executed
by a qualified surety equivalent to the bonds Issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 7 in excess of the Balance of
the Contract Price incurred by the Owner as a result of the
Contractor Default; or
5.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
5.4.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment
to the Owner; or
5.4.2 Deny liability in whole or in part and notify the
Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with
reasonable promptness, the Surety shall be deemed to be in default
on this 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 Paragraph 5.4, and the Owner refuses the payment or the
Surety has denied liability, in whole or in part, without further notice
the Owner shall be entitled to enforce any remedy available to the
Owner.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 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:
006113-3
Page /�
Blair Public Library and Technology Center
Street Pavement Package
Blair, Nebraska
862-001-14
7.1 the responsibilities of the Contractor for correction of
defective work and completion of the Construction Contract;
7.2 additional legal, design professional, and delay costs
resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5; and
7.3 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 Paragraph 5.1, 5.3, or 5.4, the
Surety's liability is limited to the amount of this Bond.
9, The Surety shall not be liable to the Owner or others for
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 Contractor 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 periods of limitations
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
12, Notice to the Surety, the Owner, or the Contractor shall be
mailed or delivered to the address shown on the page on which their
signature appears,
13. When this Bond has been furnished to comply with a statutory
or other legal requirement in the location where the construction was
to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement
END OF SECTION 00 61 13
PERFORMANCE BOND
�EN
�' The
rClark
1N Partners
05/15
shall be deemed Incorporated herein. When so furnished, the intent
is that this Bond shall be construed as a statutory bond and not as a
common law bond.
14. Definitions
14.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made including
allowance for the Contractor for any amounts received or to be
received by the Owner in settlement of Insurance or other claims
for damages to which the Contractor is entitled, reduced by all
valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
14.2 Construction Contract: The agreement between the
Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and
the Contract Documents.
14.3 Contractor Default: Failure of the Contractor, which
has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract,
14.4 Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or
comply with the other material terms of the Construction
Contract,
14.5 Contract Documents: All the documents that comprise
the agreement between the Owner. and Contractor.
15. If this Bond is issued for an agreement between a contractor and
subcontractor, the term Contractor in this Bond shall be deemed to
be Subcontractor and the term Owner shall be deemed to be
Contractor.
16. Modifications to this Bond are as follows:
006113-4
Page ,4,/ � 0
Blair Public Library and Technology Center
Street Pavement Package
Blair, Nebraska
862-001-14
SECTION 00 61 16 — PAYMENT BOND
CONTRACTOR (name and address):
Luxa Construction Company, Inc.
PO Box 105
Blair, NE 68008
05/15
PAYMENT BOND
SURETY (name and address of principal place of business):
Hudson Insurance Company
100 William St., 5th Floor
New York, NY 10038
OWNER (name and address): The City of Blair
218 South 16`h Street
Blair, Nebraska 68008
CONSTRUCTION CONTRACT
Effective Date of the Agreement: July 20, 2015
Amount: $123,603.29
Description (name and location): Blair Public Library and Technololgy Center, Street Pavement
Package, Blair, Nebraska
BOND
Bond Number: HGMW-10—A15-0308
Date (not earlier than the Effective Date of the Agreement of the construction Contract): August 5, 2015
Amount: $123,603.29
Modifications to this Bond Form: ❑X None ❑ See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each.cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative,
CONTRACTOR AS PRINCIPAL
LURA CONSTRUCTION COMPANY, INC.
(seal)
Contractor's Name and Corporate Seal
e
Signature
�'117te /
Print Name
Title
PAYMENT BOND
11l,The
lark
Enerseni Partners
SURETY
HUDSON INURANCF'COMPANY
Sy's Name ar d'Corporate Seal
11gnature (attach power of attorney)
.-dames M IUng
Print Name
Attorney—in—Fact
Title
006116-1
Page / `�
Blair Public Library and Technology Center
Street Pavement Package
Blair, Nebraska
862-001-14
Attest:
Signature
Title
Title
Attest:
Signature
05/15
Notes. (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference
to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
PAYMENT BOND
The
Clark
Enersen
1�..�.� Partners
006116.2
Page
Blair Public Library and Technology Center
Street Pavement Package
Blair, Nebraska
862-001-14
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.
If there is no Owner Default under the Construction
Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 13) of claims, demands, 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 Surety.
4. When the Owner has satisfied the conditions in Paragraph
3, the Surety shall promptly and at the Surety's expense
defend, Indemnify, and hold harmless the Owner against a
duly tendered claim, demand, 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,
5.1.1 have furnished a written notice of non-
payment to the Contractor, stating with
substantial accuracy the amount claimed
and the name of the party to whom the
materials were, or equipment was,
furnished or supplied or for whom the
labor was done or performed, within
ninety (90) days after having last
performed labor or last furnished
PAYMENT BOND
/ 'The
�`,Clark
'`IMS Partners
06/15
materials or equipment included in the
Claim; and
5.1.2 have sent a Claim to the Surety (at the
address described in Paragraph 13).
5.2 Claimants who are employed by or have a direct
contract with the Contractor have sent a Claim to
the Surety (at the address described In Paragraph
13).
6, if a notice of non-payment required by Paragraph 5,1.1 is
given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of
non-payment under Paragraph 5.1.1.
7. When a Claimant has satisfied the conditions of Paragraph
5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following
actions:
7.1 Send an answer to the Claimant, with a copy to the
Owner, within sixty (60) days after receipt of the
Claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are
disputed; and
7.2 Pay or arrange for payment of any undisputed
amounts.
7.3 The Surety's failure to discharge its obligations
under Paragraph 7.1 or 7.2 shall not be deemed to
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 falls to discharge its
obligations under Paragraph 7.1 or 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.
8. The Surety's total obligation shall not exceed the amount
of this Bond, plus the amount of reasonable attorney's
fees provided under Paragraph 7.3, and the amount of this
Bond shall be credited for any payments made in good
faith by the Surety. .
006116-3
Page 7 / / O
Blair Public Library and Technology Center
Street Pavement Package
Blair, Nebraska
862-001-14
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,
under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated
to satisfy obligations of the Contractor and Surety under
this Bond, subject to the Owner's priority to use the funds
for the completion of the work.
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 or 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 or to related
subcontracts, purchase orders, and other obligations.
12. No suit or action shall be commenced by a Claimant under
this Bond other than in a court of competent jurisdiction in
the state in which the project that is the subject of the
Construction Contract is located or after the expiration of
one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or
(2) on which the last labor or service was performed by
anyone or 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
Contractor shall be mailed or delivered to the address
shown on the page on which their signature appears.
Actual receipt of notice or Claims, however accomplished,
shall be sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in
this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal
PAYMENTBOND
IFThe
Clark
1`W.`'�'}Partners
05/15
requirement shall be deemed incorporated herein. When
so furnished, the intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
15. Upon requests by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall
permit a copy to be made.
16. Definitions
16.1 Claim: A written statement by the Claimant
including at a minimum:
1. The name of the Claimant;
2. The name of the person for whom the labor
was done, or materials or equipment
furnished;
3. A copy of the agreement or purchase order
pursuant to which labor, materials, or
equipment was furnished for use in the
performance of the Construction Contract;
4. A brief description of the labor, materials, or
equipment furnished;
S. The date on which the Claimant last
performed labor or last furnished materials or
equipment for use In the performance of the
Construction Contract;
6. The total amount earned by the Claimant for
labor, materials, or equipment furnished as of
the date of the Claim;
7, The total amount of previous payments
received by the Claimant; and
S. The total amount due 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 or with a
subcontractor of the Contractor to furnish labor,
materials, or equipment for use in the performance
of the Construction Contract. The term Claimant
also includes any individual or entity that .has
rightfully asserted a claim under an applicable
mechanic's lien or similar statute against the real
property upon which the Project is located. The
intent of this Bond shall be to Include without
limitation In the terms of "labor, materials, or
equipment" that part of the water, gas, power,
light, heat, oil, gasoline, telephone service, or
006116-4
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Blair Public Library and Technology Center 05/15
Street Pavement Package
Blair, Nebraska
862-001-14
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, or equipment were furnished.
16.3 Construction Contract: The agreement between
the Owner and Contractor identified on the cover
page, including all Contract Documents and all
changes made to the agreement and the Contract
Documents.
16.4 Owner Default: Failure of the Owner, 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 Bond are as follows:
END OF SECTION 00 6116
PAYMENT BOND 006116-5
The
F07 Clark
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H tlDS0N
I`��l�l"tivt_I t;Ri�l'I'
POWER OF ATTORNEY
HGMW-10-A15-0308
KNOW AL1, MEN BY TIIESE PRESEN'T'S: That I IUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with
offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute
and appoint
Robert T. Cirone, James M. King, Jacob .J. Buss, Suzanne P. Westerholt, Thomas L. King
of the State of Nebraska
its true and lawful Atlorney(s)-in- f act, at Nov York, New York, each of them alone to have full power to act without the other or others, to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
ul'oresaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single
bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars
($10,000,000.00).
Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the same
extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
nn•ur•„ Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly
�t$flfl{;ky ox. this 801 day of April 20 ISI at New York, New York.
(C'rgpt8t i sG ± HUDSON INSURANCE COMPANY
Attest.../.`•••:•••.• \ By ..••..— .....................
Dina 1) isk skis Christopher' I', Suarez
Corporate Secretary Executive Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK. SS.
On the 8th day of April 120 14 before me personally came Christopher 1'. Suarez to me known, who being by me duly sworn did
depose and say that he is an Executive Vice President of HUDSON INSURANCE CUMPANY, the -orporation described herein and which executed the above
instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is such c rporate seal, that it was so affixed by order of the Board of
Directors of said Corporation, and thiAi ncd his name thereto by like order
(Notarial Seal) �� P.•' SSIONF '• ��i ANN JJ. XlURPl '
• t`� bet 10, °/q •.� Notary Public, Sta f N w York
Oa��� Oj,Fu� ; * s No. 01 MU6067553
• C, Qualified in Nassau County
= k 2 k01MUWT53 • �= Commission Expires December 10, 2017
.•ASSAucn:�•' �� CERTIFICATION
STATE OF NEW YORK � �•C �(P�S�\\
COUNTY OF NEW YORK ' /// 1111lNIIN\\
The undersigned Dina Daskalakis hereby certifies:
'That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of
I Judson Insurance Company dated July 27"', 2007, and has not since been revoked, amended or modified:
"RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and
discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Compuny's surety business, and to
empower such agent or agents, or attorney or attorneys -in -fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and
recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other
contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations
regarding undertakings so made; and
. FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature
thereof or related thereto, such signature and seal when so used whether heretofore or herealler, being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually allixed.'•
THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the
said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said
Pon rney is now to lbr,Qc,
bk►obJr•. o ess the hand of the undersigned and the seal of said Corporation this TfT day of 201 rte_.
�rp4se:'iT�
By....
Dina Daskalaltis, Corporate Secretary
Foran PeriA 10 8 2010 (,v I )
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