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2020-05-28 Henton Trenching 2020 Water Main ImprovementsThis AGREEMENT is made and entered this 28th day of May, 2020, by and between City of Blair, hereinafter called the Owner, and Renton Trenching hereinafter called the Contractor, with said Agreement to be effective when approved and executed by the Owner. Whereas the Contractor on the 19th day of May, 202Q, did submit proposals to the Owner on certain Plans and Specifications entitled ?,020 Water Main Improvements, Blair, Nebraska and copies of which Proposals are hereto attached and made a part hereof, the parties hereto do hereby, in consideration of the mutual covenants hereinafter contained, agree with each other as follows: The Contract Documents including the Instructions to Bidders, Bid Form, City of Omaha Standard Specifications for Public Works Construction, 2014 Edition, General Conditions, Supplemental Specifications, Special Provisions, Agreement, Bonds, Standard Details, Construction Drawings, Addenda and Modifications are a part of this Contract the same as if each had been fully set out and attached hereto. 2. The Contractor agrees to furnish all labor, mechanics for labor, tools, materials, and equipment to complete the construction under this Contract in a good and workmanlike manner in accordance with the Plans and Specifications. The Owner agrees to pay the Contractor in accordance with the provisions of said specifications and the accepted proposal. 4. It is mutually agreed by each party hereto that all provisions of said plans and specifications shall be strictly complied with and conformed to the same as if rewritten herein, and that no substitutions or changes in said plans and specifications shall be made except upon written consent of the Owner, and such allowance shall in no manner be construed to release either party from any specified or implied obligation of said plans and specifications, A-1 Blair 2020 Water Main Improvements - AGREEMENT - Henton Trenching.docx 5. The Contractor shall complete the work under this Contract within the time allotted by the Instructions to Bidders or by an approved extension thereof, If the Contractor shall fail to do so, then the Contractor agrees to pay the Owner as liquidated damages, and not as a penalty, the sum of $1,000.00 for each and every calendar day that the Contractor is in default of substantial completion of the work under this Contract. 6. Progress Payments will be made in accordance with Paragraph 14.02 of the GENERAL CONDITIONS with a retainage of 10% of the work completed. IN WITNESS WHEREOF, we, the contracting parties by our agents hereto affix our signatures, SIGNED AND SEALED this 7 day of , 2020, at n I �1 Executed for Contractor: ATTEST: (Witness) Executed by Owner: ATTEST: (Witness) (Title) By: r, '� -/'4" Q to0/2. (Title) 7 C r I -C, C`,e t /C._ (Title) Blair 2020 Water Main Improvements - AGREEMENT - Henton Trenching.docx City of Blair City Clerk 218 S. 16th Street Blair, Nebraska 68008 Project: City ®f Blair 2020 Water Main Impirovements Blair, Nebraska HGM Project No. 702120 Contractor Company Name Major items of work for this project include the following approximate quantities: ITEM No. DESCRIPTION ESTIMATED QUANTITIES UNIT PRICE TOTAL, MOU T 1 6"AWWA C900 DR -18 PVC Water Main w/ Tracer Wire 1,734 LF 2 Dry Bore 6" Water Main, Bore Only 711 LF 3 6"x6" Mechanical Joint DI Tee 2 EA r. 6 4 11.25 Degree Bend 6" 4 EA 5 22.5 Degree Bend 6" 4 EA 6 45 Degree Bend 6" 2 EA 7 90 De ree Bend 6" 1 EA 8 6" Gate Valve with Box 8 EA 666 9 6" Standard Size Sleeve 2 EA )- (-) 10 6" P I —Ug 2 EA '6 11 Fire Hydrant Assembly 4 EA LN 0 ® o 12 Remove Existing Fire Hydrant 3 EA / 13 Remove Existing Valve Box 5 EA 14 6" Wet Tap of Existing 6" Water Main 2 EA 15 6" Wet Tap of Existing 8" Water Main 1 EA 16 6" Wet Tap to Existing 12" Water Main 1 EA a 17 18 Cut & Connect 6" Water Main to Existing 6" Water Main Cut & Cap Existing 6" Water Main 1 2 EA EA b d 19 20 Cut Existing 3/4" Water Main Connect Water Service to New Water Main 1 27 EA EA / o 6 21 3/4" Copper Water Service Pie 52 LF 22 .1 " Copper Water Service Pie 217 LF 23 24 1-1/4" Copper Water Service Pie 1-1/2" Copper Water Service Pie 10 10 LF LF (0 6 25 Select Backfill for Water Main 60 CY 26 27 28 29 30 31 Granular Surfacing, Class A Crushed Stone TemporaGranular Surfacing, Class A Crushed Stone 6" Sanitary Sewer Lateral Sanita Sewer Service Connection Traffic Control Remove & Replace 6" PCC Sidewalk 4 20 45 9 1 30 TON TON LF EA LS SF Q BID FORM (Blair).doc BF -1 C 1 ­2of) 32 1 Remove & Replace 4" PCC Sidewalk 48 SF ---;, 6 -f 33 Remove & Replace PCC Driveway 20 SY ® b 34 Full Depth PCC Patch 94 SY 696 35 Sodding w/ 2 Weeks of Watering and Maintenance 1,500 SY 60 Total Cost Each proposal shall be accompanied by a certified check, bid bond by a surety company registered to do business in the State of Nebraska, or a certified share draft drawn on a credit union in Nebraska or chartered under the laws of the United States in the amount of five percent (5%) of the total bid price and made payable to the City of Blair. No bidder may withdraw their proposal within 30 days after the bid opening. The successful bidder will be required to furnish satisfactory performance and payment bonds in the amount of one -hundred percent (100%) of the total bid price, a certificate of insurance and a certificate of equal employment opportunity and comply with minimum wage provisions as established by the U.S. Department of Labor. The City of Blair reserves the right to reject or accept any or all bids and waive any irregularities in the interest of the City. BID FORM (Blair).doc BF -2 The undersigned bidder states that this Bid is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his bid and the Contract Documents prepared by IE GM Associates Inc., the provisions of the latter shall prevail. The undersigned have carefully examined the plans, specifications and contract documents, including addenda D 9 and hereby agrees to enter into a contract within 15 days of award by the City Council; and hereby agrees the enclosed Bid Security will be forfeited to the City of Blair as liquidated damages for failure to enter a contract as specified; and hereby proposes to famish all labor, material and equipment required to perform the work according to the schedule of approximate quantities for the unit prices shown. BID FORM (Blair).doc BIDDER: ✓l ► I Vic/ (Legal name of corporation, partnership o • ole proprietorship) BY: J A V) � tkvrk-�, TITLE: p r66 I j C/n-v (Corporate office held, partner or sole owner) ADDRESS: i 0 C , ,W 0 y TELEPHONE: 4 1 " 0-0 BF -3 PENAL SUM FORM Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. BIDZhiption I ) ! `� Bid Due Date: Project (Brief Including Location): 2,0 r # v ped BOND Bond Number: Date (Not later than Bid due date): Penal sum (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER . ® (Seal Bidder's Name and Corporate Se (� By: Signatlj Q and Title Attest: Signature and Title SURETY VA U-akn C (Seal) Surety's Name ao Corporate Seal BY: Note: Above addresses are to be used for giving required notice. EJCDC NO. C-430 (2002 Edition) 00430-1 Signature and Title (Attach Power of Attorney) Attest: Signature and Title Document e 1 r } _ CONTRACTOR: (Name, legal statits and address) Henton Trenching Inc. 13092 US Hwy30 Blair, NE 68008 OWNER: (Name, legal status and address) City of ]glair 218 S 1601 St Blair, NE 68008 SURETY: (Maine, legal status and principal place of business) Farmington Casualty Company One Tower Square Hartford, CT 06183 BOND AMOUNT: Five Percent of the Amount Bid (5%) PROJECT: (tVanie, location or address, and Pro%ect number, if any) 2020 Water Main Improvements, Blair, Nebraska ' 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. Project Number, if any: 702120 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly'and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and as, acceptable to,the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays 6 the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid, Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be, Subcontractor and the tgnu Owner shall be deemed to be Contractor. When this Bond has been furnishedd to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deerzied 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 cornmon law bond. Signed and sealed this 19th day of May, 20 (GY trressJ (Tzithess) 20 Henton Trenching I1 . (Pri u a (Seal) QF mington Casualty Company (Siu•et�,) (Seal) (2!11,0 Tftomas L. Ding, Attorney -in -F at AIA Document A3101"' —2010, Copyright ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: Th'Fs AIA' Init. ( ocui)ent Is protected Icy U.B, copyright Law and International Treaties. Unauthorised reproduction or distribution of thio AWA (?ocust.ont, ct any portion of it, may roS-utt In sevoro eivli and criminal ponaities: and MH he prosecutor! to the rnaxII A extent la�;ssIWO unds+r ��rhb IaEu. This l document was created on 01/27/2012 07:23:12 under the terms of AIA Documents -on -Demand 11' order no. 2008397483, and Is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion, ooi i to LFarmington casualty company TRAVE POWER OF ATTORNEY KNOW ALL (NEN BY THESE PRESENTS: That Farmington Casualty Company (the "Company") is a corporation duly organized under the laws of the State of Connecticut, and that the Company does hereby make, constitute and appoint Thomas L. King of Lincoln, Nebraska its true and IawfulAttorney-in-Fact to sign, execute, seat and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory inthe nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNFcs vvwPRr-OF, the Company has caused this instrument to be signed, and its corporate seal to be hereto affixed, this 3rd day of February, 2017,0 0� caP�4rifr �'/. `y�.q�^�dyL' Yy , ti� State of Connecticut r =� By: City of Hartford ss. Robert L, Raney, Sefitbr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporation by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. c„T� My Commission expires the 30th day of June, 2021 Y o �traltgi � Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Board of Directors of Farmington Casualty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority tcp one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one qr more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Farmington Casualty Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by the Company, which remains in full force and effect. Dated this istt, day of may , 2,wo , a Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofRttofsrey, please call as at 1-800-4.21-333(1, Tease refer to the above-i7anredAttora7ey-hr-Factand the details of tho bond to which the power is attached Bond 107252232 B0� �0V ORIGINAL COMBINED PERFORMANCE PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Henton Trenching as Principal (hereinafter called "Contractor"), and Inc. Farmington Casualty Company, One Tower Square, Hartford, CT 06183 as Surety (hereinafter called Surety), are held and firmly bound unto City of Blair, Nebraska, as Obligee, (hereinafter called "Owner") in the amount of $200,669.00 for the payment of which sum of money we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly severally, and firinly by these presents. WHEREAS, Contractor has written agreement dated 28th day of May, 2020, entered into a contract with Owner for the construction of the 2020 Water Main Improvements, Blair, Nebraska, which contract is by reference made a part hereof, and is hereinafter referred to as "the Contract", and WHEREAS, Contractor is required to furnish a Performance, Payment and Maintenance Bond in connection with said Contract pursuant to the terms and provisions as set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that: 1. If Contractor shall in all respects well and truly keep and perform the said Contract on Contractor's part in accordance with the terms and provisions of all the Contract documents comprising said Contract, and in the time and manner therein prescribed; and, 2. If Contractor shall pay all persons, firms or corporations having contracts directly with the contractor, or with subcontractors, all just claims due them for labor performed, materials furnished, or transportation supplied in the performance of the Contract on account of which this bond is given, when the same are not satisfied out of the portion of the Contract price which the City is required to retain until completion of the Contract (but the contractor and his Sureties shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price have been established as provided by the laws of the State of Nebraska); and, 3. If the Contractor shall keep the following items of construction in good operating condition as intended by their original design and the contract documents: Water Main For: 2 years Pavement For: 2 years which become out of repair due to defects in workmanship or material; then this obligation shall be null and void, otherwise it shall remain in full force and effect. PPM -1 V:\Projects\702120 Blair - Water Main Upgrade\Clerical\Specifications\Blair 2020 Water Main Improvements -COMBINED PERFORMANCE BOND - Renton Trenching.doc Page �� Every surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent with notice: A. To any extension of time beyond the contract completion date necessary for the Contractor to perform the Contract. B. To any change in the plans, specifications or contract, when such change does not involve an increase of more than twenty-five percent of the total contract price, and shall then be released only to such excess increase. C. That no provision of this Bond or of any other contract shall be valid which limits to less than five years from time of acceptance of the work the right to sue on this Bond for defects in workmanship or material not discovered or known to the obligee at the time such work was accepted. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 9th day of July _'2020. (Witness) (Witness) Henton Trenching Inc. (CONTRACTOR) (SEAL) By 4/ii Fii1 C dc - (Title) Farmington Casualty Company (SURETY) (SEAL) By Thomas L. King, Attorney -in -Fact Attach Power -Of -Attorney (Title) 735 S 56 St, Lincoln, NE 68510 (Address) V:\Prcjects\702l20 Blair - Water Main Upgrade\Clerical\Specifications\Blair 2020 Water Main Improvements -COMBINED PERFORMANCE BOND - Henton Trenching.doc Page Z /�, PPM -2 V:\Projects\702120 Blair - Water Main Upgrade\Clerical\Specifications\Blair 2020 Water Main Improvements -COMBINED PERFORMANCE BOND - Henton Trenching.doc Page Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint THOMAS L KING of LINCOLN Nebraska , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. 5r•�p� bp1.TY ANO 3G 3 N dF G@ 9� 01* c HARTFORD, CONN. ° State of Connecticut By: '— City of Hartford ss. Robert L. Raney, Se Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 1� My Commission expires the 30th day of June, 2021 TAA, �,e���p * Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Companys seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 9th day of July 2020 �N1p SMUA(�, gJ��IY ANO 4P 9� ro WOM NPATrORD, CONN. 0 CDNM, c d 3- Kevin E. Hughes, Assistant Secretary To verify the authenticity of this'Power ofAttomey, please call us at 1-800-421-3880, Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached, Page 4 I