Wehrli Flood Structure Removal-2017This contract and agreement, made and entered this May 15, 2017, by and
between the City of Blair ("Owner"), and KRW Construction
("Contractor")
WITNESSETH: That the Contractor, for and in consideration of the sum of
$40,760.00 payable as set forth in this Contract, hereby agrees to perform in accordance
with the specifications the various items of work awarded said Contractor on the May 15,
2017, as outlined on the bid form.
That for good and valuable consideration and the mutual promises herein, the
parties agree as follows:
1. That it is mutually agreed by the parties hereto, that the Contractor's Bond,
the proposal, all project specifications and special provisions, and all
supplemental agreements are a part of this Contract, and incorporated herein.
2. The Contractor expressly warrants that it has employed no third person to
solicit or obtain this Contract in its behalf, or to cause or procure the same to
be obtained upon compensation in any way contingent in whole or in part,
upon such procurement, and that it has not paid, or promised or agreed to pay,
to any third person in consideration of such procurement, or in compensation
for services in connection herewith, any brokerage, commission, or percentage
upon the amount to be received by it hereunder, and that it has not, in
estimating the contract price demanded by it, included any sum by reason of
any such brokerage, commission, or percentage, and that all moneys payable
to it hereunder are free from obligation of any other person for services
rendered, or supposed to have been rendered, in the procurement of this
Contract. Contractor further agrees that any breach of this warrant shall
constitute adequate cause or the annulment of this Contract by the Owner and
that the said Owner may retain for its own use, from any sums due or to
become due hereunder, an amount equal to any brokerage, commission, or
percentage so paid or agreed to be paid.
3. All work required in caring out this Contract should be performed in
compliance with the laws of the State of Nebraska.
4. Contractor states and agrees that it is complying with and will continue to
comply with Fair Labor Standards in the pursuit of its business, and in the
execution of this Contract.
5. That Contractor further agrees to pay all just claims for materials. Supplies,
tools, fuels, lubricants, equipment, equipment rental, machinery insurance
premiums and services used or consumed in the construction of the work by it
or any of its sub -contractors, and for the payment of all laborers and
mechanics for all; labor performed in the work by it or any of its sub-
contractors, and for all other just claims filed against it or any of its sub-
contractors in carrying out the provisions of this Contract, and further agrees
that the Contractor's Bond shall be held to cover all such claims.
6. The Contractor further agrees to perform the work under the direct
supervision of the Owner or its representative and in accordance with the laws
of the State of Nebraska.
7. That in consideration of the foregoing, Owner hereby agrees to pay the
Contractor promptly the amounts set forth herein, subject to the conditions set
for the in this Contract or any part thereof as herein described.
8. It is further understood and agreed that the Contractor shall not do any work
or furnish any materials not covered and authorized by this Contract, unless
ordered in writing by the Owner. Any such work may be done or any such
materials which may be furnished by the Contractor without such written
order fust being given, shall be at its own risk, cost and expense; and the
Contractor hereby covenants and agrees that it shall make no claim for
compensation for any work so done or any materials so furnished.
9. This Contract cannot be assigned by Contractor without the prior written
consent of the Owner.
10. This Contract shall be binding upon and insure to the benefit of the parties
hereto, their successors and assigns.
IN WITNESS, WHEREOF, the parties hereto have set their hands, for the
purpose herein expressed, to this instrument on the day, month and year set forth
above.
CITY OF BLAIR NEBRASKA
OWNER
By
ayor
ATTEST:
CONTRACTOR
Duly Authorized Officer
ATTEST:
City Clerk Secretary
Bid. Form
A
Bidder: 't
Address: J2 / a &77 9) A� �
Date: -!V/ -- i7
Phone: Vbz. - .� �� - Olex, Fax: e'o ?- mya6 _ o /,,61
Authorized Signature:s°
Lump Sum for Railroad Structure Removal: $ �O, -7L-(
Date to start work:oo i l/l 7
11
Addendum Acknowledgement:
Specifications for Removing Obsolete Railroad Concrete
Structure
1. The old railroad structure is located on South Creek approximately 300 feet east of
10"' Street crossing of South Creek.
2. The railroad structure is PCC with reinforcing.
3. The structure will need to be completely removed from the creek channel per the
attached drawing. All reinforcing shall be cutoff flush with surrounding concrete and
concrete that remains shall be left smooth to not cause injury to individuals walking
across.
4. All materials from the structure removal will need to hauled off site and disposed of
in a proper manner approved by the City of Blair.
5. Access to the structure will be from 10"' Street down the existing abandoned railroad
embankment as well along the north side of South Creek from 10"' Street east.
6. Embankments on the north and south sides of the railroad structure shall be graded as
shown in the attached drawing. Soil must be removed from site and disposed of in an
approved manner approved by the City of Blair.
7. Floor and piling for structure will remain in place with no modifications to South
Creek chamlel.
8. Bid shall be all inclusive for the work outlined in these specifications and shall be bid
in a lump sum for the work.
9. Contractor shall specify in their bid the date of stating for the work and will have 30
calendar days to complete work once started. Contractor shall not start and stop work
until it is completed and accepted by the City of Blair.
10. Contractor shall provide a certificate of insurance with the following minimum
coverages at the time of contact signing.
11. All subcontractors for this project shall be identified including the scope of work they
will be performing. Subcontractors shall provide certificates of insurance with the
same limits as the general contractor and as outlined below.
INSURANCE REQUIREMENTS
Type Limit of Lability Required of City Contractor
Worker's Compensation Statutory Coverage B
And
Employer's Lability $100,000 X
Public Liability (including products and complete operations liability)
Bodily Injury $250,000 each person
$500,000 each accident
Property Damage $250,000 each accident
$250,000 each aggregate
X
X
X
X
X
Automobile Lability (including hired cars and automobile non -ownership)
X
Bodily Injury
$250,000 each person
X
$500,000 each occurrence
X
Property Damage
$250,000 each accident
X
$250,000 each aggregate
X
Additional Insured
City of Blair, Nebraska to
Clause
be specifically named in
Policy as an "additional
Insured"
X
Excess Liability $1,000,000 each X
(Required unless risk occurrence
is nominal)
Performance Bond
CONTRACTOR:
(Name, legal status and address)
KRW Construction, Inc.
414 South 5th St
Blair, NE 68008
OWNER:
(Marne, legal status and address)
City of Blair
218 S 16th Street
Blair, NE 68008
CONSTRUCTION CONTRACT
Date: May 15, 2017
Amount: $40,760.00
Bond Number: 190036772
SURETY:
(Name, legal status and principal place of business)
The Ohio Casualty Insurance Company
62 Maple Avenue
Keene, NH 03431
Description: Removal of Obsolete Railroad Concrete Structure
(Name and location)Blair, NE
BOND
Date: May 22, 2017
(Not earlier than Construction Contract Date)
Amount: $40,760.00
Modifications to this Bond: X None ❑ See Section 16
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.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company. (Corporate Seal)
KRW Construction, Inc. The Ohio Casualty Insurance Company
-� f f
Signature: `gi^ + I'v Signature:
Name°l� : : �s r�� 1 Name Ronald Kaihoi, Attorney -In -Fact
and Title: Ktt}i£,i1- and Title:
(.4ty additional signatures appear on the hutpage of this Performance Bond)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT)OW X OWNER'S REPRESENTATIVE:
(,,Jrchitect, Engineer or otherparty.)
ACORA Surety & Insurance Services, LLC None Specified
PO BOX 506
Montevideo, MN 56265
Ph: 320-269-8546
By arrangement with the American Institute of Architects, the National Association of Surety Bond 1
Producers (NASBP) (www.nasby.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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.
5 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.
5 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.
5 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 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take
one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
5 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 maybe 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 arrangement with the American Institute of Architects, the National Association of Surety Bond 2
Producers (NASBP) (www.nasbp.or ) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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.
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.
S 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.
5 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.
5 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 period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
5 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 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.
5 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.
5 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.
By arrangement with the American Institute of Architects, the National Association of Surety Bond 3
Producers (NASBP) (www.nasby.or ) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the coverpage)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: N/A Signature: N/A
Name and Title: Name and Title:
Address:
Address:
By arrangement with the American Institute of Architects, the National Association of Surety Bond 4
Producers (NASBP) (www.nasbn.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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.
Payment Bond
CONTRACTOR:
(Name, legal status and address)
KRW Construction, Inc.
414 South 5th St
Blair, NE 68008
OWNER:
(Name, legal status and address)
City of Blair
218 S 16th Street
Blair, NE 68008
CONSTRUCTION CONTRACT
Date: May 15, 2017
Amount: $40,760.00
Bond Number 190036772
SURETY:
(Name, legal status and principal place of business)
The Ohio Casualty Insurance Company
62 Maple Avenue
Keene, NH 03431
Description: Removal of Obsolete Railroad Concrete Structure
(Name and lacafion) Blair, NE
BOND
Date: May 22, 2017
(Not earlier than Construction Contract Date)
Amount: $40,760.00
Modifications to this Bond: X None
❑ See Section 18
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.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company. Corporate Seal)
KRW Construction, Inc. The Ohio Casualty Insurance ,ompany
Signature TM, Signature:
Name y- \ V Name Ronald Kaihoi, Attorney -In -Fact
and Title: K •� r and Title:
(Any addifional ,ngnatures apjxar on the last page of this Payment Bond)
(FOB INFORMATION ONLY— Name, address and telephone)
AGENT X}�)JA X OWNER'S REPRESENTATIVE:
{Architect, En neer or otherparty.)
ACORA Surety & Insurance Services, I-I_C None Specified
PO BOX 506
Montevideo, MN 56265
Ph: 320-269-8546
By arrangement with the American Institute of Architects, the National Association of Surety Bond 5
Producers (NASBP) (www.nasbp.or ) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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.
5 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference, subject to the following terms.
5 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.
5 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 o£ the Construction Contract
and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
5 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 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).
5 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.
5 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:
5 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.
5 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.
5 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.
5 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.
By arrangement with the American Institute of Architects, the National Association of Surety Bond G
Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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.
5 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.
5 It 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.
5 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. I f 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.
5 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.
5 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.
5 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
.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 "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.
5 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 with the American Institute of Architects, the National Association of Surety Bond 7
Producers (NASBP) (www.nasbp.or ) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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.
5 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 isprovided beloufor additional signatures of added pasties, other than those appearing on the coverpage)
CONTRACTOR AS PRINCIPAL SURETY
Company. (Corporate Seal) Company: (Cotporate Seal)
Signature: NSA
Name and Title:
Address:
Signature: NSA
Name and Title:
Address:
By arrangement with the American Institute of Architects, the National Association of Surety Bond 8
Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance
Bond and 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.
State of
County of
On this
personally comes
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
I
day of
in the year , before me
to me known and known to me to be the pe
sdn who is described in and executed the foregoing instrument, and
acknowledges to me that he/she e cited the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of
County of }
On this day of
personally come(s)
a member of the co -partnership of
in the year , before me
to me known and known to me to be the person who is described in and executed the foregoing instrument, and
acknowledges to me that he/she executed the same as the act and deed of the said co -partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC)
State of�z
County of
On this 3" day of, in the year J0/ ,before me personally come(s)
l� tj cat, ; to me known, who being duly sworn, deposes and says that
he/she resides in the City of that he/she is the of the
the corporation described in and
which executed the foregoing instrument, and that he/she signed his/her name thereto by like order.
GENERAL NOTARY • State of Nebraska
JEANNIE L. SAMUELS
My Comm. Exp. August 16, 2019
N tary Public
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT PRINTED ON RED BACKGROUND. Bond No, 190036772
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7525902
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized; under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana (herein collectively called the "Companies°), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Jack Anderson' Ronald Kaihoi }
all of the city of Montevideo state of MN each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies -and the corporate seals of the Companies have been affixed
thereto this 27th day of October 2016
�NINSU �Mso'?�ytNSUR� i
�J eP4 r� J��� o4roP lG^J�� , ,�<r �� The Ohio Casualty Insurance Company N
Liberty Mutual Insurance Company m
p 19191991
°
i a 1972 �b y West merican Insurance CompanyUi
N
t�HtatyP�'�a �Jj ��srrcttn�C�'t? �i -:Nr iaNa T // 7
By:
STATE OF PENNSYLVANIA ss David M. Care , iissistant secretary
COUNTY OF MONTGOMERY a
dOn this 27th day of October 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v I. -I
v d Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes U)
p therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W I
c0 _ E
G> > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O
++ p PAS COMMONWEALTH OF PENNSYLVANIA' b
d � QtiyA�aoNw.y < Notarial Seal ya. M
C Q �Z s+ Teresa Pastelta, Notary Public By: 0Z c
` of Upper Twp.; Montgomery County Teresa Pastella; Notary Public d
o� aw My Commission Expires March 28, 2017 3 M
0 y Msvvva o
y" O �T IV Member, Pennsylvania Association of Notaries O E
00 Aqy pU� CL M
C This Power of Attorney is trade and executed pursuant to and by authority ofthefollowing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0 p
d r Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
rn
m L ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O c
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as ma be necessa to act in behalf of the Corporation to make, execute, seal,
�+: YP PP�Y necessary P
O acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
E r powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so QI
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > c
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. .y i
w N
mARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president; E N
L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Company to make, execute, Cl)
O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
Z v- respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O co
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-
fact
ttorneys-in fact as may be necessary to act on behalf of the Company to make; execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any: power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of,which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd day of Mav 12017
P,1N 1NsIl PL iNSUR� fN MSUR� 1
hJ�to4Pc>nq,�G92 J"�J��oRpo�rFb°F �c .ot�o2a,��r�,
� f+
p 1919 n i 1912 ° ¢ 1991 By:
Oya
Renee C. Llew , , sslstant Secretary
b
* >Or
i
69 of 250 I
LMS_12873 082016
I
ACKNOWLEDGEMENT OF SURETY
STATE OF MINNESOTA
COUNTY OF CHIPPEWA
On this 22nd day of
1
May , 2017 , before me, a Notary Public within and for said
County, personally appeared Ronald Kaihoi to me personally known, who being by me duly
sworn he/she did say that he/she is the attorney-in-fact of The Ohio Casualty Insurance
Company , the corporation named in the foregoing instrument, and the seal affixed to said
instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by
authority of its Board of Directors and said Ronald Kaihoi acknowledged said instrument to be
the free act and deed of said corporation.
TARY PUBLIC
My Commission Expires 113,/
R- EBECCA J. F11SA
Notary Public -Minnesota
My Commission Expires Jan 31, 2020
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