2016-Storm Sewer - Paving District 196 - Crowell - ThompsonCONTRACT
THIS AGREEMENT made and entered into in quadruplicate, this I day of 2016, by
and between THE CITY OF BLAIR, NEBRASKA, hereinafter referred to as "Owner" and Thompson
Construction, Inc., hereinafter referred to as "Contractor".
WITNESSETH:
WHEREAS, the Contractor did on August 17, 2016, submit to the Owner the lowest proposal for all
items on the plans and specifications prepared for the Owner by Thompson, Dreessen & Dorner, Inc.,
Engineers, entitled "Plans and Specifications for Crowell Addition — Sanitary Sewer District #74, Storm
Sewer District #196, and Water District #51" and for all work incidental or necessary thereto.
This contract, including the Notice inviting contractors to bid, the instructions to bidders, the proposal
form, all applicable laws governing the Owner's authority to contract, and the general detailed plans
and specifications, contains the entire agreement between the Owner and Contractor, and there are no
other written or oral promises, agreements, or warrants which may affect it, except' as previously noted
herein. This Contract cannot be amended except by written agreement of both parties. Notice to the
parties shall be given in writing to the agents for each party named below:
Owner: The City of Blair, Nebraska Contractor: Thompson Construction Inc.
218 South 16th Street 2404 N. Lincoln Ave.
Blair, NE 68008 Fremont, NE 68025
In consideration of the following mutual agreements and covenants to be kept by each party, the
Contractor agrees to furnish all tools, labor, equipment, materials and permits required to construct said
Crowell Addition — Sanitary Sewer District #74, Storm Sewer District #196, and Water District #51 in
accordance with the aforesaid plans and specifications for the following unit prices:
Item
Description
Approx.
Quantities
Unit Price
Amount
1
Mobilization
1
LS
$ 5,500.00
/ LS
$
5,500.00
2
8" PVC SDR 35 Sanitary Sewer Pipe w/
Class I Bedding, In Place
450
LF
$
30.00
/ LF
$
13,500.00
3
6" Solid Wall PVC Sanitary Sewer Pipe w/
Class I Bedding, In Place
400
LF
$
30.00
/ LF
$
12,000.00
4
6" I.D. PVC Slant, In Place
2
EA
$
175.00
/ EA
$
350.00
5
8" x 6" PVC Wye, In Place
8
EA
$
225.00
/ EA
$
1,800.00
6
54" I.D. Sanitary Sewer Manhole, In Place
27
VF
$
365.00
/ VF
$
9,855.00
7
Standard Ring and Cover, In Place
4
EA
$
900.00
/ EA
$
3,600.00
8
Tap Existing Sanitary Sewer, In Place
1
EA
$ 1,250.00
/ EA
$
1,250.00
9
Geotextile Fabric, Unstable Trench, If
Necessary
100
SY
$
3.00
/ SY
$
300.00
10
Crushed Rock, Unstable Trench, If
Necessary
100
TON
$
37.00
/ TON
$
3,700.00
11
Remove Existing Pavement and Replace w/
6" Uniform P.C.C. Pavement, In Place
115
SY
$
75.00
/ SY
$
8,625.00
12
Remove and Replace Sidewalk w/ 6" Uniform
P.C.C. Pavement, In Place
60
SF
$
6.00
/ SF
$
360.00
13
Video and Acceptance Testing of Sanitary
Sewer Lines
1
LS
$ 1,000.00
/ LS
$
1,000.00
Sanitary Sewer Subtotal
$
61,840.00
Contract
Crowell Addition — Sanitary Sewer District #74,
Storm Sewer #196, and Water District #51
Page 2
Item
Description
Approx.
Quantities
Unit Price
Amount
14
15" I.D. R.C.P., Class III w/ Bedding, In Place
90
LF
$ 41.00
/ LF
$
3,690.00
15
18" I.D. R.C.P., Class III w/ Bedding, In Place
175
LF
$ 45.00
/ LF
$
7,875.00
16
60" I.D. R.C.P., Class III w/ Bedding, In Place
155
LF
$ 207.00
/ LF
$
32,085.00
17
96" I.D. Flat Top Storm Sewer Manhole, In
Place
17
VF
$ 1,150.00
/ VF
$
19,550.00
18
Construct Weir Structure in 96" Manhole, In
Place
1
EA
$ 2,200.00
/ EA
$
2,200.00
19
Standard Ring and Cover, In Place
2
EA.
$ 900.00
/ EA.
$
1,800.00
20
Tap Existing Storm Sewer, In Place
1
EA
$ 1,400.00
/ EA
$
1,400.00
21
Video and Acceptance Testing of Storm
Sewer Lines
1
LS
$ 700.00
/ LS
$
700.00
Storm Sewer Subtotal
$
69,300.00
22
Tap Existing 10" Water Main w/ 6" Tapping
Tee, In Place
1
EA.
$ 2,500.00
/ EA.
$
2,500.00
23
6" C900 DR -18 Water Main w/ Tracer Wire, In
Place
680
LF
$ 17.00
/ LF
$
11,560.00
24
6" Gate Valve w/ Box
2
EA.
$ 950.00
/ EA.
$
1,900.00
25
Fire Hydrant Assembly, In Place
1
EA.
$ 4,500.00
/ EA.
$
4,500.00
26
6" 45° Bend w/ Backing Block, In Place
2
EA.
$ 275.00
/ EA.
$
550.00
27
Tap Existing 6" Water Main w/ 6" Tapping
Tee, In Place
1
EA.
$ 2,500.00
/ EA.
$
2,500.00
28
Water Service Branch, Complete
5
EA
$ 1,300.00
/ EA
$
6,500.00
29
Testing and Disinfection
1
LS
$ 650.00
/ LS
$
650.00
30
Permanent Seeding, In Place
1
AC
$ 7,000.00
/ AC
$
7,000.00
31
Erosion Control Blanket, In Place
2,000
SY
$ 1.50
/ SY
$
' 3,000.00
Water Subtotal
$
40,660.00
TOTAL CONTRACT AMOUNT
$
171,800.00
Contractor shall also furnish all bonds required and pay all permit fees, and any other charges levied or
required by any governmental authority exercising control over this project.
Once each month, the Owner will pay the Contractor 90% of the value of the work completed as of the
end of the preceding month, as certified by the Owner's Engineer. The balance will be paid by the
Owner upon completion of the work and approval of the Owner's Engineer and acceptance by the
Owner.
Contractor must furnish a 100% Contract Performance Bond and a 100% Labor and Material Payment
Bond (including two (2) year Maintenance Guarantee) in accordance with the General Conditions of the
Contract. Contractor must also furnish a Certificate of Insurance for Worker's Compensation and
Public Liability Insurance and Auto Insurance in the manner and with minimum limits as set forth in the
General Conditions of the Contract.
Contract
Crowell Addition — Sanitary Sewer District #74,
Storm Sewer #196, and Water District #51
Page 3
authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, 8 U.S.C. 1324a, known as the E -Verify Program, or an equivalent federal program designated by
the United States Department of Homeland Security or other federal agency authorized to verify the
work eligibility status of a newly hired employee.
Contract is let subject to the following conditions:
Contractor agrees to commence work within ten (10) days after receiving written notification from the
Engineer to proceed, and to complete all work within twenty-five (25) working days thereafter, the
Engineer being the judge in the determination of a working day. As time is of the essence, for each
calendar day that any work shall remain uncompleted after the above specified completion date, the
Contractor shall pay to the Owner the sum of $250.00 per day, not as a penalty, but as predetermined
and agreed liquidated damages. 11
EXECUTED the day and year first above written.
THE CITY OF BLAIR, NEBRASKA THOMPSON CONSTRUCTION, INC.
TD File No. 994-103.22
CONTRACTOR:
(Name, legal statas and address)
Thompson Construction Inc.
2404 N Lincoln Ave
Fremont NE 68025
OWNER:
(Name, legal status and address)
City of Blair
218 So 16th Street
Blair NE 68008
ORIGINAL. BOND _/ OF
Bond Number 130820
Performance Bond
SURETY:
(V anne, legal status and ptincoal place e f business)
Universal Surety Company
P O Box 80468
Lincoln NE 68501
CONSTRUCTION CONTRACT
Date: August 2016
Amount:
One Hundred Seventy One Thousand Eight Hundred and NO/100---------------------($171,800.00)
Description:
(Name and location) Crowell Addition - Sanitary Sewer District #74, Storm Sewer #196 and
Water District #51
BOND
Date: August 31, 2016
(Not earlier than Constriction Contract Vate)
.amount: one Hundred Seventy One Thousand Eight Hundred and N0/100 ---------------------($171,800.00)
Modifications to this Bond: Qx None 177 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
,Company: (Corporate Sealf Company: (Corporate Sea
THOMPSON CONSTRUCTION INC. UNIVERSAL SURETY COMPANY
Signature: ✓ Signature:
Name " ee Name
and Title: and Title: Thomas L. King, Attorney -in -Fact'. ,
e
� �eel�) (Airy addition sdgnat res ear on t e last page of this Pe formance Bard)
(FOR TNTO&A IATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Gene Lilly Surety Bonds, Inc. (Architect, Engineer orotherpaq.)
735 South 56th Street Thompson, Dreesen & Donner Inc.
Lincoln, NE 68510
(402)475-7700
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its
completion or modification.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not
a single combined Performance and Payment Bond.
By.— nbmnent with die Lhxrican Institute of ArchuteUs, the Nat onal A suciat on of Surety Bond Producers (NASBI� (�ulv.nlsbn.urnl makes page
this form document available to its members, afEtliates, and associates in NLcrosoft Word fomhat for use in the regular course of surety business.
Nt1SBP vouches that die orilpal text of this document conforms exactly to du teat in AIA Document A312-20 to, Performance Bond and 1/9
Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its hording and
consultation ltatio n with an attomey are encouraged before its completion, execution or acceptance
1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and 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 Section 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;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the
extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take
one of the following actions:
5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
C 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a
result of the Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new 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, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default 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 Section 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.
By amngementvidr die American Institute of Architects, die National Association of Surety Bond Producers (NASBP) ()=A nasbp.orel makes page
this form docwnent av,,@able to its members, affiliates, and associates in NLcrosoft Word format for use in the regular course of surety business.
NASBP vouches tint die original text of this document conforms exactly to die teat in AIA Document A312-2010, Performance Bond and 2/9
Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and
consultation with an attorney are encouraged before its completion, execution or acctptance.
7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by
the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or
its heirs, executors, administrators, successors and assigns.
10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction un
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 flus 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 un 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.
5 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
14 Definitions
14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any
amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which
the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the
Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all 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
By anangementvith dne American Institute of Architects, the National Association of Surety Bond Producers (INASBP) (wRv ,nibn.oml makes page
this form document mailable to its members, affiliates, and associates in bficrosoft Word format for use in the regular course of surety business.
NASBP witches that the original tact of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and 3/9
Payment Bond. Subsequent modifications may be made to the original text of this docurnent by users, so careful review of its wonting and
consultation with an attorney are encouraged before its completion, execution or acceptance.
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:
(Space is pivi�ided Delon for additional signaUnzs of added pai2ies, other tban those appeaing on the comi-page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sea9 Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and
Address: Address:
Title:
By amurgement with die Ainericin Institute of Architects, the National Association of Surety Bond Producers (NA -IBP) (wnhnvnabo.oml makes page
this foam document at Alble to its members, affrltates, and associates in hGcrosoft Word format for use in the regular course of surety business.
NASBP vouches that die origuial test of this document conforms exactly to die telt in AIA Document A312-2010, Performance Bond and 4/9
PaVment Bond. Subsequent modifications may be made to the original test of this docurnent by users, so careful review of its wording and
consultation widi an attorney are encouraged before its completion, execution or acceptance.
CONTRACTOR:
(Name, legal stators and address)
Thompson Construction Inc.
2404 N Lincoln Ave
Fremont NE 68025
OWNER:
(Name, legal status and addrzss)
City of Blair
218 So 16th Street
Blair NE 68008
CONSTRUCTION CONTRACT
Date: August 2016
Payment Bond
SURETY:
(Name, legal status acrd principal place of 6rrsirren)
Universal Surety Company
P O Box 80468
Lincoln NE 68501
Amount: One Hundred Seventy One Thousand Eight Hundred and NO/100---------------------($171,800.00)
Description: Crowell Addition - Sanitary Sewer District #74, Storm Sewer #196 and Water
(Nanreandloeatiorr) District #51
BOND
Date: August 31, 2016
(NotemiiertLau C'anslntaion CivilinetDcrte)
Amount: One Hundred Seventy One Thousand Eight Hundred and NO/100---------------------($171,800.00)
Modifications to this Bond: j None Q See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company:, (CoipoirrteSea� Company: (CorporateSeao "
THOMPSON CONSTRUCTION INC. UNIVERSAL SURETY COMPANY
'Si— aturef l i Signature:
�ane and Witte � Name and Tide
(Aiq adrli arnrl agiri>xirres crppecrr on t 1 rslpage of this Pcr�onent Bond)
(FOR INF0I)1 fA7TON ONLY'— Name, addrzss and telephone)
AGENT or BROKER:
Gene' Lilly'Surety Bonds, Inc.
735 South 56th Street
Lincoln, NE 68510
(402)475-7700
2—,l . �`-
Thomas L. King, Attorney -in -Fact,..
OWNER'S REPRESENTATIVE:
(Airbitect, Engineer or otherpaity:
Thompson, Dreesen & Dorner Inc.
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its
completion or modification.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a
single combined Performance and Payment Bond.
By an-mgement «ith the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) («t��t-.nubP.co tanl;es Page
dais font document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business.
` NASBP touches drat die original text of this document conforms exactly to die text in AIA Document A312-2010, Performance Bond and 5/ 9
Pa}znent Bond. Subsequent modifications may be Nide to die original text of this document by users, so careful review of its wording and
consultation with an attomey are encouraged before its completion, execution or acceptance.
1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in
Section 13) of 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 Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were, or equipment was,
furnished or supplied or for whom the labor was done or performed, within ninety (90) days after
having last performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) 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 Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
9 .Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, 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 fiords for the completion of the work.
By annngennent with die America[ Institute of Architects, the National Association of Surety Bond Producer (NASBP) (w t�vn�bn.orcl makes page
this fora document available to its members, affiliates, and associates in Nfcrosoft Word format for use in the regular course of surety business.
NA -SBP vouches drat tine original test ofthis document conforms exactly to die test in AIA Document A312-20 10, Performance Bond and 6/9
{ Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and
consultation with an attorney are encouraged before its completion, execution or acceptance.
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
Section 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 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 request 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;
.5 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
.8 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 litnitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other
items for which a 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.
By arrangement w th die Ainericut Institute of Architects, die National Association of Surety Bond Producers (NASBI) («ninvnlbo.oml makes page
this form document wadable to its members, affiliates, and associates in Nlicroso& Wont format for use in the regular course of surety business.
NASBP vouches drat die original text of flus document conforms exactlyv) die teat in AAA Document A312-2010, Performance Bond and 7/9
Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and
consultation with an attorney are encouraged before its completion, execution or acceptance.
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
(Space is piovided belonc for additional signatures of added pmties, otber that those appearing on the corer page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Caaporate Sean Company: (Corporate Sean
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
By amngement kith die American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (wnew.nasbp o makes Page
this form document available to its members, affiliates, and associates um Nficrosoft Word fommat for use in the regular course of surety business.
NASBP mRx rhes drat time original tett ofthis docurnent conforms exactly to die text in, AIA Document A312-2010, Performance Bond and 8/9
Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its Nvording and
consultation widen an attorney are encouraged before its completion, execution or acceptance.
UNIVERSAL SURETY COMPANY
Lincoln, Nebraska
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the
following Bylaw, which was adopted by the Board of Directors of the said Company on July 23,1981, to wit:
"Article V -Section 6. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice President acting with any Secretary or Assistant Secretary,
shall have the authority to appoint Resident Vice Presidents and Attorneys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its
behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with
any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time."
does hereby make, constitute and appoint
Robert T. Cirone or James M. King or Suzanne P. Westerholt
or Jacob J. Buss or Thomas L. King, Lincoln, Nebraska
its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety:
Any and all undertakings of suretyship
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own
persons.
The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY, held on July 23,1981:
"RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in
accordance with Article V -Section 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile
signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of
suretyship to which it is attached."
All authority hereby conferred shall remain in full force and effect until terminated by the Company.
IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed
this 16th day of lune 20 15
Secretary/Treasurer By
State of Nebraska
ss.
County of Lancaster
UNIVERSAL SURETY COMPANY
i� ,0
SURE
CORPORATE E
President
On this 16th day of lune , 20 1s before me personally came Curtis L. Hartter, to me (mown, who being by me duly sworn, did
depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the President of the UNIVERSAL SURETY COMPANY, the corporation
described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order, and that Bylaw, Article
V -Section 6, adopted by the Board of Directors of said Company, referred to In the preceding instrument, is now in force.
a,�� ►1 1i'�, j,� GENEAAI NOTARY- SWofNebrft
TN. MARTW
Mr comm. EV iebraray to iota
My Commission Expires February 16, 2018. Notary Public
I, Cheryl A. Brown, Assistant Secretary of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of
Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full force and effect
Signed and sealed at the City of Lincoln, Nebraska this 3lst.day of August 20 16 . "
J�P•P` SURE
•A9
?� CORPORATE •�l
SEAL .j
Assistant Secretary ' . � NcotN iiE9RP
Bond Page 9 of 9
'�;,,;:'K'' CERTIFICATE OF LIABILITY INSURANCE
8/29/2016
THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements ,
PRODUCER
CONTACT
1E: Nillaxy Waddle
Ui7IC4 Group
1128 Lincoln Mall, Suite 200
fAigPHONE . (402) 434^7200 FAX o, (402)434-7272
�t
AUDRESS: hviaddle@1111jeogroup.com
INSURERS AFFORDING COVERAGE NATO #
Lincoln N, 68508
INSURERA:United Fire & casualty 3021
INSURED
Thompson Construction Inc.
INSURER B:
COMBINED BaccDnt,Slh MR
2404 N. Lincoln Ave
INSURER 0:
ANY AUTO
INSURER D:
INSURER £ :
Fremont NE 68025
C0V9RAri+.R-CM-Met^A-r
INSURE
KtVttiIUN 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.
INSRAINAR DD SUB
LTR TYPE OF INSURANCE POLIC NUMB t LICEFFQ'VCortyM PO(MMLICY EXP LIMITS
CD YYY
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERA[ LIABILITY DAMAGE
PREMISES aoccurre ce $ 100,000
A CLAIMS -MAGE ® OCCUR 60455219 /1/2016
/1/2017 MED EXP (Any oneperson) $ 5,000
PERSONAL & ADV INJURY $ 1,00 ' 000
GENERAL AGGREGATE $ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000
PRO•
X POLICY LOC $
AUTOMOBILE
LIABILITY
COMBINED BaccDnt,Slh MR
A
X
ANY AUTO
11000,000
AUTOS AUTOS
0955219
/1/2016
/2/207,7
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPER DAh41GE $
HIRED AUTOSNON•OWNEO AUTOS
$
X
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE $ 3,000,05-0
A
EXCESS LU1B
X
CLAIMS -MADE
AGGREGATE $ 3,000,000
DED RETFWIntJ
60455219
/1/2016
/1/2017
A
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
WC ST TU• 10TH.
X I FIR
YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIhIEMBER EXCLUDED?NIA
EL EACH ACCIDENT S 1 OOO OOO
(Mandatory in NH)
0455219
/1/2016
/1/2017
styyes, descdbe under
r
E.L. DISEASE - EA EMPLOY $ 000 000
EL DISEASE -POLICY LIMIT $ 11000,000
DESCRIPMONOFOPERATIONS below
A
Leased/stented Equipment
0455219
/1/2016
/1/2017
250,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
Crowell Additional - Sanitary Sewer District #74, Storm sewer District #196 and Water District #51.
The
General Liability policy includes a blanket automatic additional insured endorsement that provides
additional insured status only when there is a written contract between the named insured and the
certificate holder/entity (les) that require such status prior to a loss. The General Liability & Workers
Compensation policies include waiver of subrogation endorsements as required by written contract with the
named insured prior to a loss. Blanket endorsement provides additional insured status for the City of
Blair and Thompson, Dreesen & Dorner, Inc when required by the written contract with the named insured.
ne01ntInA1re Unt naft
City of Blair
218 S 16th St
Blair, NE 68008
AcnRn 9X t9nanlnxi
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Tom Cockle/HR
v ,aoo Au-tu A%;UKU UUKPUM_nUN. All rights reserved.