20th & Front St Storm Sewer Reconstruction2013/01/17
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THIS AGREEMENT is by and between The City of Blair, Nebraska, hereinafter called OWNER, and
Thompson Construction, Inc., hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents for the Project
identified herein.
Article 2. PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
The Work is for furnishing all labor, materials, equipment, and services for the construction of 677 LF of 48 IN
to 66 IN Equivalent RCP, 150 LF 18 IN RCP, pavement removal and replacement, excavation and 550 TN or
rip rap.
Article 3. ENGINEER
The Project has been designed by HDR Engineering, Inc., who is hereinafter called ENGINEER and who is to
act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance
with the Contract Documents.
Article 4. CONTRACT TIMES
4.1. Time of the Essence.
A. All time limits for Substantial Completion, and completion and readiness for final payment as stated in
the Contract Documents are of the essence of the Contract.
4.2. Days to Achieve Substantial Completion and Final Payment.
A. The Work will be substantially completed within 60 days after the date when the Contract Times
commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready
for final payment in accordance with Paragraph 14.07 of the General Conditions within 75 days after
the date when the Contract Times commence to run.
134- 182393 City of Blair, Nebraska
20th and Front Street Storm Sewer Reconstruction -
AGREEMENT
00500-1
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4.3.
Liquidated Damages.
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A.
OWNER and CONTRACTOR recognize that time is of the essence of this AGREEMENT and that
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OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph
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4.2. above, plus any extensions thereof allowed in accordance with Article 12 of the General
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Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a
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legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on
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time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
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liquidated damages for delay (but not as 'a penalty), CONTRACTOR shall pay OWNER one thousand
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dollars ($1,000.00) for each day that expires after the time specified in Paragraph 4.2. for Substantial
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Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR
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shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 4.2.
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for completion and readiness for final payment or any proper extension thereof granted by OWNER,
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CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the
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time specified in Paragraph 4.2. for completion and readiness for final payment.
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Article 5. CONTRACT PRICE
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5.1.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
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Documents an amount in current funds equal to the sum of the amounts determined pursuant to
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Paragraphs 5.1.A. below:
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A.
For all Work as stated in Contractor's Bid, attached hereto as an exhibit.
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5.2
As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed,
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and determinations of actual quantities and classification are to be made by ENGINEER as provided in
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Paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in Paragraph
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11.03B. of the General Conditions.
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Article
6. PAYMENT PROCEDURES
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6.1.
Submittal and Processing of Payments.
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A.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
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Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
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Conditions.
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6.2.
Progress Payments; Retainage.
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A.
OWNER shall make monthly progress payments on account of the Contract Price on the basis of
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CONTRACTOR's Applications for Payment as recommended by ENGINEER, during construction as
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provided in Paragraphs 6. 1.1 and 6.1.2 below. All such payments will be measured by the schedule of
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values established in Paragraph 2.07A. of the General Conditions (and in the case of Unit Price Work
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based on the number of units completed) or, in the event there is no schedule of values, as provided in
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the General Requirements.
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1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
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percentage indicated below, but, in each case, less the aggregate of payments previously made
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and less such amounts as accordance with Paragraph 14.02 of the General Conditions.
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a. 90 percent of Work completed (with the balance being retainage). If Work has been
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50 percent completed as determined by ENGINEER, and if the character and
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progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER,
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on recommendation of ENGINEER, may determine that as long as the character and
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progress of the Work remain satisfactory to them, there will be no additional
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retainage on account of Work completed.
134 - 182393 City of Blair, Nebraska
20th and Front Street Storm Sewer Reconstruction -
AGREEMENT
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6.3. Final Payment.
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General
Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as
provided in said Paragraph 14.07
Article 7. NOT USED
Article S. CONTRACTOR'S REPRESENTATIONS
8.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefiilly studied the Contract Documents (including the Addenda
listed i Article 9.) and the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local
and site conditions that may affect cost, progress, performance or furnishing of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations
that may affect cost, progress, performance or furnishing of the Work.
D. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract Documents with
respect to Underground Facilities at or contiguous to the Site.
E. CONTRACTOR has obtained and carefully studied (or assumes risk for not doing so) all reasonable
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by Contractor,
including any specific means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions of the Contract
Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information commonly
known to contractors doing business in the locality of the Site, information and observations obtained
from visits to the site, reports and drawings identified in the Contract Documents and all additional
examinations, investigations, explorations, tests, studies and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through
issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for performance
and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or
clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included
in the Bid the greater quantity or better quality of Work, or compliance with the more stringent
requirement resulting in a greater cost; and said greater cost is included in the Contract Price.
134 - 182393 City of Blair, Nebraska
20th and Front Street Storm Sewer Reconstruction -
AGREEMENT
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J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 9. CONTRACT DOCUMENTS
9.1. Contents.
A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following: ,
1. This Agreement (pages 1 to 6, inclusive).
2. Performance, Payment, and other Bonds.
3. Notice to Proceed.
4. General Conditions (pages 1 to 66, inclusive).
5. Supplementary Conditions (pages 1 to 8, inclusive).
6. Specifications as listed in Table of Contents of the Project Manual.
7. Drawings consisting of a cover sheet and sheets numbered OOG -00, OOG -01, OOX -01, and
OOC -01 through OOC -05, and OOC -50.
8. Addenda No. 1.
9. CONTRACTOWs Bid (pages 1 to 7, inclusive).
10. The following which may be delivered or issued after the Effective Date of the
AGREEMENT and are not attached thereto:
a. Notice to Proceed.
b. Field Orders.
C. Work Change Directives.
d. Change Orders,
e. There are no Contract Documents other than those listed above in this Article 9. The
Contract Documents may only be amended, modified or supplemented as provided
in Paragraph 3.04. of the General Conditions.
134 - 182393 City of Blair, Nebraska
20th and Front Street Storm Sewer Reconstruction -
AGREEMENT
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Article 10. MISCELLANEOUS
10.1 Terms.
A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
10.2. Assignment of Contract.
A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents,
10.3. Successors and Assigns.
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, agreements and obligations contained in the Contract Documents.
10.4. Severability:
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the stricken provision.
10.5 CONTRACTOR'S Certifications.
A. CONTRACTOR certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices
in competing for or in executing the Contract. For the purposes of this Paragraph:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution.
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the
bidding process or the execution of the Contract to the detriment of OWNER, (b) to establish
Bid or Contract prices at artificial non - competitive levels, or (c) to deprive OWNER of the
benefits of free and open competition.
3. "collusive practice" means a scheme or arrangement between two or more BIDDERS, with or
without the knowledge of OWNER, a purpose of which is to establish Bid prices at artificial,
non- competitive levels.
4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in the bidding process or affect the execution of
the Contract.
134 - 182393 City of Blair, Nebraska
20th and Front Street Storm Sewer Reconstruction -
AGREEMENT
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the
Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This AGREEMENT will be effective on J r t ( 2,V , 20 (which is the Effective Date
of the AGREEMENT).
OWNER: CITY OF BLAIR, NEBRASKA. CONTRACTOR: THOMPSON CONSTRUCTION, INC.
By: By:
[C O RPO SE �] �_ [CORPO T S ALA
Attest Attest / �~� ' /✓�
9
Address for giving notices:
218 South 16` Street
Blair, NE 68008
Address for giving notices:
P.O. Box 640
Arlington, NE 68002
Agent for service of process:
NOTE: If CONTRACTOR is a corporation, attach
evidence of authority to sign.
Agent for service of process:
License No.
33 EN OF SECTION
134 - 182393 City of Blair, Nebraska
20th and Front Street Storm Sewer Reconstruction -
AGREEMENT
00500-6
J &
r0a
1 1.
Bond #121512
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Thompson Construction, Inc.
P.O. Box 640
Arlington, NE 68002
OWNER (Name and Address):
City of Blair
218 South 16 Street
Blair, NE 68008
CONTRACT
Date:
Amount: $294,376.50
Description (Name and Location):
20 and Front Street Storm Sewer Reconstruction
Blair, NE
BOND
Date (Not earlier than Contract Date): April 16 , 2013
Amount: $294,376.50
Modification to this Bond Form: None
SURETY (Name and Address of Principal Place
of Business):
Universal Surety Company
P.O. Box 80468
Lincoln, NE 68501
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
THOMPSON CONSTRUCTION INC. UNIVERSAL SURETY COMPANY
CONTRACTOR AS PRINCIP SURETY
PRINCIPAL (Corp. Company: (Corp. Seal) Company: /� ; , / ' 0�) e Q
Signature:
Name and Title:
Signature:
Name and Title:
EJCDC No. 1910 -28 -A (1996 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors
of America, and the American Institute of Architects.
00610 -1 Page 1/5 of Bond
1. The CONTRACTOR and the Surety, jointly and severally bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner for the
performance of the Contract, which is incorporated herein by reference.
2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR
have no obligations under this Bond, except to participate as provided in Paragraph 3.1
3. If there is no OWNER Default, the Surety's obligation under tl�is Bond shall rise
after.
3.1 The OWNER has notified the CONTRACTOR and the Surety at the
addresses described in paragraph 10 below, that the OWNER is considering
declaring a CONTRACTOR Default and has requested and attempted to
arrange a conference with the CONTRACTOR and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Contract. If the OWNER, the CONTRACTOR and the Surety
agree, the CONTRACTOR shall be allowed a reasonable time to perform the
Contract, but such an agreement shall not waive the OWNER's right, if any,
subsequently to declare a CONTRACTOR Default; and
3.2 The OWNER has declared CONTRACTOR Default and formally terminated
the CONTRACTOR.'s right to complete the Contract. Such CONTRACTOR
Default shall not be declared earlier than twenty days after the
CONTRACTOR and the Surety have received notice as provided in paragraph
3.1; and
3.3 The OWNER has agreed to pay the Balance of the Contract Price to:
3.3.1 The Surety in accordance with the term of the Contract;
3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the
Contract.
4. When the OWNER has satisfied the condition of paragraph 3, the Surety shall
promptly and at the Surety's expense take one of the following actions:
4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to perform
and complete the Contract; or
4.2 Undertake to perform and complete the Contract itself, through its agents or
through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to
the OWNER for a contract for performance and completion of the Contract,
arrange for a contract to be prepared for execution by the OWNER and the
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 Contract, and pay to the OWNER the amount of
damages as described in paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the CONTRACTOR Default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a
new contractor and with reasonable promptness under the circumstances;
4.4.1 After investigation, determine the amount for which it may be liable
to the OWNER and, as soon as practicable after the amount is
determined, tender payment therefor to the OWNER; or
4.4.2 Deny liability in whole or in part and notify the OWNER citing
reasons therefor.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen days after
receipt of an additional written notice from the OWNER to the Surety demanding that
the Surety Perform its obligations under this Bond, and the OWNER shall be entitled
to enforce any remedy available to the OWNER If the Surety proceeds as provided in
paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied
pliability, in whole or in part, without further notice the OWNER shall be entitled
to enforce available to the OWNER.
6. After the OWNER has terminated the CONTRACTOR's right to complete the
Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the OWNER shall not be greater than those of the
CONTRACTOR under the Contract, and the responsibilities of the OWNER. to the
Surety shall not be greater than those of the OWNER under the Contract. To a limit of
the amount of this Bond, but subject to commitment by the OWNER of the Balance of
the Contract Price to mitigation of costs and damages on the Contract, the Surety is
obligated without duplication for.
6.1 The responsibilities of the CONTRACTOR for correction of defective Work
and completion of the Contract;
6.2 Additional legal, *design professional and delay costs resulting from the
CONTRACTOWs Default, and resulting from the actions or failure to act of
the Surety under paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Contract,
actual damages caused by delayed performance or non - performance of the
CONTRACTOR.
7. The Surety shall not be liable to the OWNER or others for obligations of the
CONTRACTOR that are unrelated to the 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 or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the
Contract or to related subcontracts, purchase orders and other obligations.
9. 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 CONTRACTOR Default or within two
years after 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.
10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal
requirement in the location where the Contract was to be performed, any provision in
this Bond conflicting with said statutory or legal requirement shall be deemed deleted
here from and provisions conforming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the OWNER to
the CONTRACTOR under the 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 Contract.
12.2 Contract: The agreement between the OWNER and CONTRACTOR
identified on the signature page, including all Contract Documents and
changes thereto.
12.3 CONTRACTOR Default: Failure of the CONTRACTOR, which has neither
been remedied nor waived, to perform or otherwise to comply with the terms
of the Contract.
12.4 OWNER Default: Failure of the OWNER, which has neither been remedied
nor waived, to pay the CONTRACTOR as required by the Contract or to
perform and complete or comply with the other terms thereof.
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): HDR .Engineering r Inc.
Gene Lilly Surety Bonds r -Inca
• 1
402-475-7700
00610 -2 Page 2/5 of Bond
1 .' 1'0
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Thompson Construction, Inc.
P.O. Box 640
Arlington, NE 68002
OWNER (Name and Address):
City of Blair
218 South 16 Street
Blair, NE 68008
CONTRACT
Date:
Amount: $294,376.50
Description (Name and Location):
20 and Front Street Storm Sewer Reconstruction
Blair, Nebraska
BOND
Date (Not earlier than Contract Date): April 16 2013
Amount: $294,376.50
Modification to this Bond Form: None
SURETY (Name and Address of Principal Place
of Business):
Universal Surety Company
P.O. Box 8'0468
Lincoln, NE 68501
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative:
THOMPSON CONSTRUCTION, INC. UNIVERSAL SURETY COMPANY
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal)
Company: (Corp. Seal)
Signature: Signature:
Name and Title: e-fl ® Name and Title: Robert T. Cirone
�' (Attach Power of Attorney)
Attorney — —Fact
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
Signature:
Name and Title:
SURETY
Company:
(Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910 -28 -B (1996 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors
of America, and the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
00620 -1 Page 3/5 of Bond
I. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner to pay for the
labor, materials and equipment furnished for use in the performance of the Contract,
which is incorporated_herein by reference.
2. With respect to the OWNER, this obligation shall be null and void if the
CONTRACTOR:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants,
and
2.2 Defends, indemnifies and holds harmless the OWNER from all claims,
demands, liens or suits by any person or entity who furnished labor, materials
or equipment for use in the performance of the Contract, provided the
OWNE has promptly notified the CONTRACTOR and the Surety (at the
addresses described in paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens or suits to the
CONTRACTOR and the Surety, and provided there is no OWNER Default,
3. With respect to Claimants, this obligation shall be null and void if the
CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with the
CONTRACTOR have given notice to the Surety (at the addresses described
in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating
that a claim is being made under this Bond and, with substantial accuracy, the
amount of the claim.
4.2 Claimants who do not have a direct contract with the CONTRACTOR:
1. Have finished written notice to the CONTRACTOR and sent a copy, or
notice thereof, to the OWNER, within 90 days after having last performed
labor or last furnished materials or equipment included in the claim stating,
with substantial accuracy, the amount of the claim and the name of the
party to whom the materials were fumished or supplied of for whom the
labor was done or performed; and
2. Have either received a rejection in whole or in part from the
CONTRACTOR, or not received within 30 days of furnishing the above
notice any communications from the CONTRACTOR by which the
CONTRACTOR had indicated the claim will be paid directly or indirectly;
and
3. Not having been paid within the above 30 days, have sent a written notice
to the Surety and sent a copy,, or notice thereof, to the OWNER, stating
that a claim is being made under this Bond and enclosing a copy of the
previous written notice furnished to the CONTRACTOR.
5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR
or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall
promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the OWNER, within 45 days
after receipt of the claim, stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by the
Surety.
8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be
used for the performance of the Contract and to satisfy claims, if any, under any
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 Contract are dedicated to satisfy obligations of the CONTRACTOR and the
Surety under this Bond, subject to the OWNER's priority to use the funds for the
completion of the Work.
9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of
the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be
liable for payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time, to the
Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than
in a court of competent jurisdiction in the location in which the Work or part of the
Work is located or after the expiration of one year from the date (1) on which the
Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, 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.
•12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or
delivered to the addresses shown on the signature page. Actual receipt of notice by
Surety, the OWNER or the CONTRACTOR, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature
page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the Contract 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. The intent is, that this Bond shall be
construed as a statutory Bond and not as a common law bond.
14. Upon receipt of any person or entity appearing to be a potential beneficiary of this
Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a
copy to be made.
15. DEFINITIONS.
15.1 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 Contract. 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 Contract,
architectural and engineering services required for performance of the Work
of the CONTRACTOR and the CONTRACTOWs 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.
15.2 Contract: The agreement between the OWNER and the CONTRACTOR
identified on the signature page, including all Contract Documents and
changes thereto.
15.3 OWNER Default: Failure of the OWNER, which has neither been remedied
nor waived, to pay the CONTRACTOR as required by the Contract or to
perform and complete or comply with the other terms thereof.
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party):
3440 O.St., Lincoln, NE 68510
402 - 475 -7700
HDR Engineering Ina
00620 -2 page 4/5 of Bond
UNIVERSAL SURETY COMPANY
Lincoln, Nebraska
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the
following Bylaw, which was adopted by the Board of Directors of the said Company on July 23,1981, to wit:
"Article V- Section 6. RESIDENT OFFICERS AND ATTORNEYS IN FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary,
shall have the authority to appoint Resident Vice Presidents and Attorneys-In-Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as
Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or
Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time."
does hereby make, constitute and appoint
Robert T. Grone or James M. King or Suzanne P. Westerholt
or .Jacob J. Suss, 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 14th day of November 20 11
UNIVERSAL SURETY COMPANY
SURE r
�c COSPORATE���
Secretary/Treasurer By President % SEAL
State of Nebraska ...... �
ss.
County of Lancaster
On this 14 day of November , 20 L 11 , before me personally came Curtis L. Hartter, to me known, who being by me duly
sworn, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the President of the UNIVERSAL SURETY COMPANY, the
corporation described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order, and that Bylaw, Article V- Section
6, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force.
TARA M ARTIN
Lim,.
Cacti L IEZE. Feb. 16, 1014
My Commission Expires February 16, 2014. Notary Public
L Cheryl A. Brown, Assistant Secretary of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of
Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full force and effect.
Signed and sealed at the City of Lincoln, Nebraska this ]6 tb_ day of nr
Page* 5/5 of Bond
U
� oRPONATE���
!
�✓
Assistant Secretary
SEAL 3
t
chin, „E0R °
Page* 5/5 of Bond
CERTIFICATE � DATE (MM /DD/YYYY)
04/15/2013
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 HOL
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 1 - 220 - 4625 CONTACT
NAME:
Holmes Murphy and Associates - Omaha IPHONE FAX
2637 South 158th Plaza ADDRESS:
Suite 200
Omaha, NE 68130 INSURERS AFFORDING COVERAGE NAIC #
INSURER A: United Fire & Casualty Company 2488
INSURED INSURER B :
Thompson Construction, Inc.
INSURER C
PO Box 640 INSURER D:
Arlington, NE 68002 INSURER E:
INSURER F:
nnv�onr±ee PCDTICIrATC Allt1%finr_?• 33105229 RFVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM /DDIYYYY
POLICY EXP
MM /DD/YYYY
LIMITS
•
GENERAL LIABILITY
60367213
01/01/1
01/01/14
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000
CLAIMS -MADE Fil OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 2,000,000
$
X POLICY PE 0 LOC
•
AUTOMOBILE LIABILITY
60367213
01/01/12
01/ 01/14
COMBINED SINGLE LIMIT
Ea accident
1,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
PROPERTY DAMAGE
Per accident
$
•
X
UMBRELLA LIAB
X
OCCUR
60367213
01/01/1
01/01/14
EACH OCCURRENCE
$ 3,000,000
AGGREGATE
$ 3,000,000
EXCESS LIAB
CLAIMS -MADE
DED X RETENTION $ 10 , 0 0 0
$
•
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE N
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
NIA
60367213
01/01/1
01/01/14
WC STATU-7 H-
X I O ER
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 5 0 0, 0 0 0
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: 20th & Front Street Storm Sewer Reconstruction.
rI=PTIFIrATF Nrn nFR CANCELLATIVN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Blair THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
218 S. 16th St. AUTHORIZED REPRESENTATIVE
Blair, NE 68008
I USA
U 913$6 - ZU9U AUUKU L;UKVUKAI IUN. All rlgnis reserves.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
edornne
n-+ti nennn