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2018-12-05 General Excavating-16th St. Water Main Replacement and UpgradeAGREEMENT THIS AGREEMENT executed in duplicate this 5 h day of We mho 2018 between CITY OF BLAIR, NEBRASKA, (hereinafter called the OWNER) and General Excavating (hereinafter called the CONTRACTOR); WITNESSETH: WHEREAS, the CONTRACTOR did on the 13th day of November 2018, submit to the OWNER the lowest bid for performing all work necessary or incidental thereto for 16th Street Water Main Replacement and Upgrade for the City of Blair, Nebraska, pursuant to the Notice to Contractors duly published by the OWNER which Work is described in the Contract Documents. NOW, THEREFORE, the OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. The CONTRACTOR will perform all Work as shown in the Contract Documents. Article 2. ENGINEER. The Project has been designed by The Schemmer Associates Inc., 1044 North 115th Street, Suite 300, Omaha, Nebraska 68154-4436, who will act as the ENGINEER in connection with completion of the Project in accordance with the Contract Documents. Article 3. TIME OF ESSENCE/LIQUIDATED DAMAGES. Time schedules, limits or requirements specified in the Contract Documents are of the essence of this Contract. The work shall commence after April 1, 2019 and receipt of the Notice to Proceed and be fully completed by September 1, 2019. All work shall be completed in accordance with and within any such schedules, limits or requirements unless (i) extended by City, in its sole discretion, or (ii) prevented (assuming, in all such events, Contractor's use of its best efforts to timely complete such Work) by the act or neglect of City or by an act of God or for other reasons beyond the control of Contractor in which event time shall be extended for such reasonable time as determined by the Engineer and approved by the City. Whenever any Work shall not be so completed, then as liquidated damages and not as a penalty, Contractor shall pay City, $1.000.00 for each calendar day that expires after September 1, 2019 for completion and readiness for final payment. Article 4. CONTRACT PRICE. The OWNER will pay the CONTRACTOR for performance of the Work and completion of the Project in accordance with the Contract Documents subject to adjustment by modifications as provided therein as follows: Item Total # Description Quantity Units Unit Price Amount 1 Remove and Replace 4" PCC Sidewalk 520 SF 15.10 7,852.00 2 Remove and Replace 7" PCC Pavement 51 SY 113.70 5,798.70 3 Remove and Replace 8" PCC Pavement 35 SY 128.20 4,487.00 4 Remove Valve Box 8 EA 129.20 1,033.60 5 Remove Gate Valve and Valve Box 1 EA 129.20 129.20 6 Remove Cross, 4 Valves, and 4 Valve Boxes 2 EA 323.00 646.00 7 Remove Fire Hydrant Assembly 4 EA 323.00 1,292.00 8 Remove and Reset Existing Fence 1 LS 646.10 646.10 9 HDD For 12" Fused HDPE Main 164 LF 71.30 11,693.20 10 HDD For 12" PVC Main with Restrained Joints 958 LF 38.10 36,499.80 11 Dry Bore for 12" PVC C900 Main 340 LF 25.60 8,704.00 12 12" HDD Fused HDPE Pipe 164 LF 79.60 13,054.40 13 12" HDD PVC Restrained Joints 958 LF 50.50 48,379.00 14 12" PVC C900 Main 2,788 LF 68.40 190,699.20 NOVEMBER 2018 A-1 07209.001 15 6" PVC C900 Main 30 LF 33.60 1,008.00 16 6" M.J. Solid Sleeve 9 EA 255.90 2,303.10 17 12" M.J. Solid Sleeve 2 EA 485.90 971.80 18 12" X 6" M.J. Cross 3 EA 2,030.10 6,090.30 19 12" X 12" M.J. Cross 1 EA 2,616.30 2,616.30 20 12" X 6" M.J. Tee 3 EA 1,060.90 3,182.70 21 12" X 8" Reducer 3 EA 473.00 1,419.00 22 6" M.J. Gate Valve and Box 8 EA 1,169.50 9,356.00 23 12" M.J. Gate Valve and Box 17 EA 2,703.90 45,966.30 24 6" Line Block 6 EA 4,793.60 28,761.60 25 12" Line Block 2 EA 6,421.10 12,842.20 26 6"-45° Bend with Thrust Block 4 EA 596.00 2,384.00 27 12"-90° Bend with Thrust Block 1 EA 930.40 930.40 28 3/4" Copper Service Pipe 1,570 LF 32.00 50,240.00 29 1" Copper Service Pipe 200 LF 29.50 5,900.00 30 3/4" Corporation Stop 36 EA 590.50 21,258.00 31 1" Corporation Stop 5 EA 597.20 2,986.00 32 3/4" Curb Stop and Box 36 EA 498.30 17,938.80 33 1" Curb Stop and Box 5 EA 534.40 2,672.00 34 Provide Temporary Above Ground Service 90 LF 30.50 2,745.00 35 Fire Hydrant Assembly 4 EA 4,933.80 19,735.20 36 Sod 1,839 SY 12.10 22,251.90 37 Mobilization 1 LS 44,149.60 44,149.60 38 Clearing and Grubbing 1 LS 3,230.50 3,230.50 39 Seeding 1,405 SY 4.70 6,603.50 Total 648,456.40 Article 5. PROGRESS AND FINAL PAYMENTS. The OWNER will make progress payments on account of the Contract Price as provided in the General Conditions and as follows: 5.1 Progress and final payments will be on the basis of the CONTRACTOR's Application for Payment as approved by the ENGINEER. 5.2 Each month the OWNER will pay the CONTRACTOR for 90% of the value of completed work as of the end of the previous month, less the aggregate of payments previously made. 5.3 The remainder of the Contract Price will be paid upon final completion of the Work, settlement of all claims and City or Governmental approval where necessary; PROVIDED, that before payment of the final three (3) percent of the Contract Price, the CONTRACTOR shall furnish a written clearance from the COMMISSIONER OF LABOR of the STATE OF NEBRASKA certifying that all payment due of contributions and interest which may have arisen under this Contract have been paid by the CONTRACTOR, or his Subcontractor(s), to the State of Nebraska Unemployment Compensation Fund. Article 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the contract between the OWNER and the CONTRACTOR are incorporated herein by reference, made a part hereof, and consist of the following: 6.1 This Agreement (pages A-1 to A-4 inclusive) 6.2 Exhibits and Attachments to this Agreement (Certificate of Assessment) NOVEMBER 2018 A-2 07209.001 6.3 CONTRACTOR'S Performance and Payment Bonds 6.4 CONTRACTOR'S Bid and Bid Bonds 6.5 Notice to Contractors 6.6 Instructions to Bidders (pages IB -1 to I13-4, inclusive) 6.7 DBE Subcontractor Utilization Form, EPA Form 6100-4 (2 Pages) 6.8 DBE Subcontractor Performance Form, EPA Form 6100-3 (2 Pages) 6.9 Certification Regarding Debarment, Suspension and Other Responsibility Matters (1 Page) 6.10 American Iron and Steel Products Certification for SRF Funded Projects (1 Page) 6.11 General Wage Decisions (4 Pages) 6.12 Wage Rate Requirements under Public Law 111-88 6.13 Labor Standards Interview, Standard Form 1445 (1 Page) 6.14 Request for Authorization of Additional Classification and Rate, Standard Form 1444 (1 Page) 6.15 Weekly Payroll Form, WH -347 (1 Page) 6.16 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (5 Pages) 6.17 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (E.O. 11246) (3 Pages) 6.18 EPA, Disadvantaged Business Enterprise (DBE) Program (2 Pages) 6.19 DBE Subcontractor Participation Reporting Form, EPA Form 6100-2 (1 Page) 6.20 EPA Memorandum, Application of Buy American Requirements to Fiscal Year 2014 CWSRF and DWSRF Assistance Agreements (3 Pages) 6.21 Additional Requirements of EPA and NDEQ for SRF Projects (36 pages) 6.22 General Conditions (pages GC -1 to GC -63) 6.23 Supplementary General Conditions (page SGC -1 to SGC -5, inclusive) 6.24 Special Provisions (Pages SP -1 to SP -15, inclusive) 6.25 Drawings dated February 2018 consisting of 9 pages 6.26 Addenda numbers to inclusive 6.27 Any Modifications, including Change Orders, duly delivered after execution of this Agreement 6.28 Notice of Award 6.29 Notice to Proceed 6.30 Applicable laws governing the City's authority to contract. NOVEMBER 2018 A-3 07209.001 Article 7. MISCELLANEOUS. 7.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 7.2 The CONTRACTOR shall not, without the prior written consent of the OWNER, assignor sublet in whole or in part his interest under any of the Contract Documents and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the OWNER. 7.3 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 The Contract Documents constitute the entire agreement between the OWNER and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Article 8. OTHER PROVISIONS. 8.1 PUBLIC LIABILITY and PROPERTY DAMAGE INSURANCE. The limits of liability for this insurance shall be as specified in Article 5 of the General Conditions. 8.2 EQUIPMENT ASSESSMENT FOR TAXATION. In accordance with the provisions of Legislative Bill 126 of the Seventy -Third Session of the Legislature of Nebraska (1963) and amendments, if any, the CONTRACTOR shall furnish a certified statement to be attached to the Contract that all equipment to be used on this project, except that acquired since the assessment date, has been assessed for taxation for the current year giving the county where assessed. 8.3 PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish Performance and Payment Bonds for 100% of the Contract Price as security for the faithful performance and payment of all his obligations under the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF BLAIR BLAIR NEBRASKA OWNE BY: ATTEST: GENERAL EXCAVATING CONTRACTO �cm/JF�7�G' , •��'�owi� ATTEST: W { NOVEMBER 2018 A-4 07209.001 ORIGINAL BOND I OF CONTRACTOR: (Name, legal stat<rs and address) General Excavating 6701 Cornhusker Hwy Lincoln, NE 68507 OWNER: (ATame, legal states and addrea) City of Blair 218S16thSt Blair, NE 68008 Bond Number 137104 Performance Bond SURETY: (Name, legal staMs and principal place ?f business) Universal Surety Company P O Box 80468 Lincoln, NE 68501 CONSTRUCTION CONTRACT Date: Amount: $648,456.40 Description: 16th Street Water Main Replacement and Upgrade for the City of Blair, Nebraska (Name and loration) BOND Name, address and telephone) Date: December 05, 2018 OWNER'S REPRESENTATIVE: (Not eaflier than Constirtttion Conhaet Vate) (An�hitea, Engineer orotherpar2}c) Amount:$648,456.40 The Schemmer Associates Modifications to this Bond: El None ❑ See Section 16 CONT',—TOR AS PRINCIPAL SURETY Company: ` ': (Corporate Sea!) Company: ('Corporate Seal) / General Excavati Universal=, ure: Signature: Name ' Seott Fitz* raid, Presiden�an'e Robert T. Cirone, Attorney -in -Fact and Title: and Title: (Any eidditional.rignatarer copear on the lastpage of this Peijormante Bond) (FOR INFO M1 i,4770I " ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Gene Lilly Surety Bonds, Inc, (An�hitea, Engineer orotherpar2}c) 735 So. 56th The Schemmer Associates Lincoln, NE 68510 1044 N. 115th Street, Suite 300 (402) 475-7700 Omaha, NE 68154-4436 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 :mar>oemeut with die Anieuic n Institute of Architects, the National Association of Surety Bond Pmducrrs (ir 011 (Lwkwnasbo.orel nukes Page this firm docianent amilabte to its members, affiliates, and associates in M crosoft \ ord fomnt for use in die regular course of surety- business. NAS3P voudies that the od&al text of dils document confom s exactly to the text in AIA Document A312-20 tO, Performance Bond and 1/9 Payment Bond. Subsecptent modifications tasty be made to the original text of dus document by users, so ctrefttl review of its wording and consuludon with an attorney are encouraged IX -fore its completion, execution or acceptance. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors nstmction Contract, which, is incorporated herein by reference. and assigns to the Owner for the performance of the Co § 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 die 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 shalt promptly and at the Surety's expense take one of the following actions: 5 5.1 Arrange for the Contractor, with the consent of the Owner, to perforin 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 fora 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 Den), liabilitN, 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 nvtangcme t iiith the American Institute of Architects, the Natkinal A.aociadon of Sttrett' Bund Pr(AUCCTS (NASBP) (st mnasbnnrel makes page flus form d xvment ;n a cable to its members, affiliates, and assodue,+ in ;4liaoso& NXi rd 6)rniat for use in the rgnd;, course of surra business. NASBP touches that the original tett of this docurnent confortis esaWy to the test ur AIA Document A312 ?010, Performance Bond and 2/9 t Payment Bond. Subseclttent naxHcadons mg' be made to the odgirW tett of tins document by users, so ctrehd retie , of its nnrding and consultation pith an attorney are encouraged before its completion, etec uion or accepnice. S 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 axe 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 widiin 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 lav, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrorn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that tlus 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 arrangcmetu iiidi die American Institute of Architects, the National Association of Sumty llond Producers (Nt ASBP) (ttzsaveiasbn.orQl maces page JM a this tixm documcnr mailable to its members, affiliates, and associate, in ivGemsoft Word 6imnt for use in die regular course of sumtn business. MOP vouches that the odomil text of this docurn nt confom s macdy to the text ata AIA Document A312 ?010, Performance Bond and 3/9 t Payment Bond. Subsequent modifications mg• be made to die ooginud test of dvs document by users, so cirefid ren�im of its wording and consultation frith an attomey ate eucouragpd before its completion, exeauion or aeceptuice. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in dus 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: (.Spdie tJ p/DD7lIeCl below fou' aLldit7ottal Jigaalm-es Of added parries, ofber 11jan loose appea?ill_ on The rorer pagC) CONTRACTOR AS PRINCIPAL SURETY Company: (Cot)boa-ate Seal) Company: (Cotporate Seal) Signature: _ Name and Title: Signature: Name and Title: Address: Address: By arrangement with the Atuetican Institute of Architect, the National A,ewciadon ofSum" Bund Producers y ASB) (c�ss'svatasbn.orel makes Page flus firm dontntent available to its member, affiliates, and associates: in Nficrosoft )Word fornut for mein the regal u coupe of crew business. NAW vouches that the original text of this document confomia esncdy to the test it AIA Document A31 ?010, Performance Bond and 4/9 Payment Bond. Subsequent modifications mR• be mode to the original test of dis dtxament by risers, so careful review of its carding and consultation cidi an attorneY are encouraynd before its completion, execvion or acceptance. CONTRACTOR: fNance, legal slates mid addzss) General Excavating 6701 Cornhusker Hwy Lincoln, NE 68507 OWNER: (Nance, legal status and adtlress) City of Blair 218S16thSt Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $648,456.40 Payment Bond SURETY: (ATacne, 1eQal .lades and piindpal place of business) Universal Surety Company P O Box 80468 Lincoln, NE 68501 Description: 16th Street Water Main Replacement and Upgrade for the City of Blair, Nebraska (Name atullotation) BOND Date: December 05, 2018 (NottvnGeriban Canshvaion CbnhattDate) Amount: $648,456.40 Modifications to this Bond: x0 None ❑ See Section 18 CONT"C'fTOR AS PRINCIPAL SURETY Company: (Corpomh11-V4 Company: (Coipotwe.Seed) General Excavating Universal Surety Company Si Signature: Natne and Tide, Scott gerald, Presid�6ht1e and Title Robert T. Cirone, Attorney -in -Fact (,-I q), additional.tignatures apprararr tho lastpngr nfthir Payu/entBond.) (FOR IiNF011r1 L 3TION 01\TL)= Name, ad(brss and trlephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Gene Lilly Surety Bonds, Inc. (-'Inbiteel, Fiighierrorotherpagy: 735 So. 56th The Schemmer Associates Lincoln, NE 68510 1044 N. 115th Street, Suite 300 (402) 475-7700 Omaha, NE 68154-4436 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 bands, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. By armnl, rnent widi die American Institute of Ardiitects, die National Association of Sure[,' Bond Producers (NASBP) (ic�«c.n:tshu.om) makes Page thi form daunient availlble to its members, atlihteq and .mociat r in hfiunwft Word fomiat for use in the regular course of sm7ty business. NASBP vouches dmt the original test of dds doaiment conforms rsardy to the t�sr in ATA Document A312-2010, Pcrfinmance Bond and 5/9 Paynient Bond. Subsequent modifications niay be mule to die origitvil text of dais document by users, so cuefid vnrim, of its wording and consult:tdon widi an attorney are encouraged Ixtore its completion, nsecution or acceptance. S 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 time 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 Libor 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 atnount 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, tinder any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor hi the performance of time 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 «ith die Amerimn Institute of Arclrirects, the National Association of Sructy Bond PRALICers (NASBP) (mwca ashonr¢1 makes page dlis form daziment :mailable to its nicrmbers, affiliates, and associates in AULrosoft Word format for we in die regular course of arzety business. NASBP vouches that the original tc-xt of this document conforms exacdy to the rest in AIA Document A3t2-20 10, Performance Bond and 6/9 Payment Bond. Subse(pent modifications may be made to the original text of dims dtxvnient by users, so careful review of its wording and consrdtition faith an attomei•are encouraged Ixfore its completion, c ecution or acceptance. S 10 The Surety shall not he 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 ptusuant 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. 513 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. 5 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, die 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 none of die Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a cop), 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 -,inapplicable 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. § 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 arrangernent ccith the American Institute of Architects, the National (NASBP) (ccmwnasbo.orel makes Page this firm documcnt :u-ailable to its membm, affiliates, and associa[ ti in 1ALrosoft Word fornut for me in the rgwbw course of surety business. NASBP couches that the original text of this document confomts exactly to the text in AIA Document 113122-290 10, Performance Bond and 7/9 t Paymenr Bond. Subsecltaent madifications may be rnade to the orioul text of this 6xinntnt by users, so eyeful m m of its wording and consultation with an attumeY are encouraged before its cnmpledon, nentim or acceptance. S 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required tinder 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 isptnvided belon jor additional.rigarrm-ec oJ'added partier, other Man those appevriaq on the cot orpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Cotpontte Sea Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: By:vrane.,nt,61h cite Antetictn lnstitute of Architects,the Nadonal , soci tdun of Sure4y Bund Producers (NAS13Pnnrel m ) (tntscnashakes Page thus faun doewncnt available to in member, affiliates, and assodatcs in bGcrosoft \Vord fmant tier use in the regLdm cout e of surety, businesc. NASBP vouches tkv the oriorr.iltext of thk document confomu exactly to the test in AIA Documenr :Lq 12 ?O lo, Performance Bond and 8/9 Payment Bond. Subseeptent modifications mty be made to the otiortil test of this docimient by users, so etrefiil rccii iv of its u-ording and consultation ctith an attomey are enmuragvd before its completion, exectuon or acapurice. - UNIVERSAL SURETY COMPANY Lincoln, Nebraska 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 Tamala J. Hurlbut or Jacob J. Buss or Thomas L. King, Lincoln, Nebraska its true and lawful Attorney(s)-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 dayof February ,20 18 C" t UVj_ Secretary/Treasurer By State of Nebraska ss. County of Lancaster UNIVERSAL SURETY COMPANY i SURE Y C CORPORATE President SEAL On this 16th day of February 20 18 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 Companv, referred to in the preceding instrument, is now in force. W a GEN=TAROARTINaska .6io 022 My Commission Expires February 16, 2022. Notary Public I, Philip C. Abel, Director 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 5th day of December 20 18 w SUREiYCC' .......... •'' �A .1//� �f �'. ••92 ��.fiPO�ATE CO s F Director � SEAL ' Page 9/9 Client#: 33138 GENER6 ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 112/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSPRO Insurance P.O. Box 6847 NAME: Cheryl York PHONE FAX 402-483-7977 AIC, No, ),,):402-483-4500AIC, No EMAIL cork InS rOInS.COm ADDRESS: Y P INSURER(S) AFFORDING COVERAGE NAIC # Lincoln, NE 68506 402 483-450021415 INSURER A: Empl.yere Mutual Insurance INSURED General Excavating Company 6701 Cornhusker Hwy Lincoln, NE 68507 INSURER B : Westchester Surplus Lines Ins Co 10172 INSURER C INSURER D INSURER E INSURER F: PRODUCTS - COMP/OP AGG 52,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLISUBIR NSR WVD POLICY NUMBER MM/DDfYYYY POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 4 OCCUR 1D44774 7/01/2018 07/01/2019 EAAqCH OCCURRENCE $1,000,000 PREMISESOEREoecurence $100,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY X1 JECT D LOC OTHER: GENERAL AGGREGATE 52,000,000 PRODUCTS - COMP/OP AGG 52,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY 1E44774 7/01/2018 07/01/2019 COMB$ (Ea accidentNEDSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident 5 A X UMBRELLALIAB EXCESS LIAB XOCCUR CLAIMS -MADE 1J44774 7/01/2018 07/01/2019 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DED X RETENTION 510000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 2H07611 7/01/2018 07/01/201 X PER - E.L. EACH ACCIDENT 5500 OOO E.L. DISEASE - EA EMPLOYEE 5500,000 E.L. DISEASE - POLICY LIMIT 5500,000 B Pollution Liab G27082580006 7/01/2018 07/01/201 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 16th St. Water Main Replacement and Upgrade CERTIFICATE HOLLIEK GANt tI_LAI IUN City of Blair 218 S 16th St. Blair, NE 68008 ACORD 25 (2016/03) 1 of 1 #S1031197/M978472 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 Oma.•.... l CCTV_ o) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CEY