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Public Works Addition
°AlA Document A107" - 2007 Standard Form of Agreement Between Owner and Contractor fora Project of Limited Twent Fifth ifth day of March in the year Two Thousand and year.) other information) other information) trench footings, floor slab, and tion of new wood -framed interi and other information) 3 tractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. AIA Document A107TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION CONTRACT SUM PA M NTRACT DOCUMENTS ER OR BY SEPARATE CONTRACTORS a 1 COMPLETION- - F / PERSONS, AND'PROPERTY ! 17. . INSURANCE & BONDS 1,8 CORRECTION OF WORK I , 19 MISCELLANEOUS PROVISIONS f - 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 , THE WORK OF THIS CONTRACT The Contractor'shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 21 The`date, of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) I The date of commencement of the Work shall begin upon Notice to Proceed, to be given at the Pre - Construction conference. Init. AIA Document A107 T" —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) 3 § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty 120 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. ed damages relating to failure to achieve Substantial Completion on time or for of the Work.) i Contractor the Contract Sum in current funds for the Contractor's performance of the call be one of the following: X 1 Stipulated Sum. in accordance with Section 3.2 below k plus the Contractor's Fee, in accordance with Section 3.3 below ork plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with � V !lection above; complete Section 3.2, 3.3 or 3.4 below.) ited Sum shall be>> Four- Hundred Forty -Six Thousand Five Hundred Dollars _ ($ 446,500.00 itions "and deductions s , m the Contract Documents. �l _ elated Sum is based upon the following alternates, if any, which are described in the Contract are Hereby accepted the Owner: :rs or other identification of accepted alternates. If the bidding or proposal documents permit the t. other'alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N.A § 3.2.2 Unit prices; if any: (Identify and state the' unit price, and state the quantity limitations, Price Per Unit ($0.00) $9.80 /cubic yard $12.60 /cubic yard $83.50 /cubic yard if any, to which the unitprice will be applicable.) AIA Document A107TM —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of (nit. Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08 :18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) (nit. AIA Document A107 —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) § 3.2.3 Allowances included in the stipulated sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) , Item Allowance Not applicable ARTICLE 4 PAYMENTS § 4,1 PROGRESS PAYMENTS 14.1.1 Based upon Applications for Payment submitted to the "rrOwner by the Contractor and Certificates for Payment issued by the "- ;- Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § .1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: '1 3 .3 Provide I d hat an Application for Payment is received by the "rte Owner not later than the last workin>; of a month, the Owner'shall make payment of the certified amount to the Contractor not later than the fifteenth of the foll . iins; month. If an Application for Payment is received by the "�crOwner after the date fixed ie, payment shall be made by the Owner not later than forty five (45 ) days after the ArehiteetOwner receives 4pplicatior for Payment; 1 legal, state or'locat laws may require payment within a certain period of time.) .4 Retam4ge, if any, shall be withheld as follows: al Monthly. Payments will be made to the Contractor in an amount equal to ninety percent (90 %) of the value e Work completed during th'e proceeding payment period until Substantial Completion. 5 Payments due'and unpaid under the Contract shall bear interest from the date payment is due at the rate stated W. or in the`absence thereof, at the legal rate prevailing from time to time at the place where the Project is if any.) P. unpaid balance of the Contract Sum, shall be made by the Owner to the rmed the Contract except for the Contractor's responsibility to correct 18.2, and to satisfy other requirements, if any, which extend beyond l a final accounting for the Cost of the Work, where payment is on the k with or without a guaranteed maximum price; and ;nt has been issued by the Architect. the Contractor shall be made no later than 30 days after the issuance of the for Payment, or as follows: ARTICLE 5 DISPUTE _RESOLUTION 7 § 51 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do' not subsequently agree in writing to a binding dispute resolution method other than litigation, claims W111: be resolved in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 21.4 of this Agreement [ X1 Litigation in a court of competent jurisdiction Init. AIA Document All 07 TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: [ ] Other (Specify) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 61.1 The Agreement is this executed AIA Document A107- -2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. j § 6.1.2 The Supplementary and other Conditions of the Contract: Document '* _Title Date Pages x ; l SUPPLEMENTARY 1 1 Legal Plats Construction Layout, Existing Utilities February 4, 2014 SC1 —SC17 CONDITIONS 2. Review of Contract Documents 3. Workmanship j 4. Progress Schedule & Sequence of Construction ' 5 Interruptions with Owner's Normal Operations ' z ` 6 Shop Drawi ngs and Samples „ 7 Work Near Energized Electrical Lines or Other Utilities it I 1 ++ 1 §'6.1.3 The Specif (Either lzst the - ki here or refer to an exhibit attached to this Agreement.) Section Title Date Pages DIVISION 1 GENERAL REQUIREMENTS February 4, 2014 Init. AIA Document Al07TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: E i i i I - 7 l i 1 r j Init. Toilet and Bath•Accessories DIVISION 12 FURNISHINGS 12355 Casework and Interior Architectural Woodwork - � DIVMION 13 SPECIAL CONSTRUCTION 13125 Pre- Engineered Metal Building Systems 13845 Likliting Controls DIVISION 15 ; MECHANICAL 15050 Basic Mechanical Materials and Methods 15058 Common Motor Requirements for HVAC Equipment 15060 , ° , Harirers and Supports 15081 Duct Insulation 15083 Pipe Insulation 15110 '± Valves 15140 " Domestic Water Piping 15150 Sanitary Waste and Vent Piping 15194 Fuel Gas Piping 15213 i Compressed Air Piping 15410 Plumbing Fixtures 1512 Emergency Plumbing Fixtures 15430 I Plumbing Specialties 15485: Electric Domestic Water Heaters 15542 Fuel -Fired Radiant Heaters 15815 Metal Ducts 15820 Duct Accessories 15838 Power Ventilators 15900 HVAC Instrumentation and Controls and Points List DIVISION 16 ELECTRICAL AIA Document Al 07 TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/0312014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: 7 01100 Summary 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01310 Proiect Management and Coordination 01320 Construction Progress Documentation 01400 Quality Requirements 01500 Temporary Facilities and Controls 01600 Product Requirements 01700 Execution Requirements 01732 Selective Demolition 01770 Closeout Procedures 01781 Proiect Record Documents j 01782 ,: ' Operation and Maintenance Data 1 01820. '` D6monstration and Training - DIVISION 2 SITE CONSTRUCTION 02222 Excavating Backfilling and Compacti� i 02230 Site Clearing t { 02260 f�, Excavation Support and Protection j 02300 , Earthwork - Geotechnical Engineering # 02515 Facility, Water Service Piping j 02720 Sanity Sewerage DIVISION 3 CONCRETE 03300 Cast: Id -Place Concrete E i i i I - 7 l i 1 r j Init. Toilet and Bath•Accessories DIVISION 12 FURNISHINGS 12355 Casework and Interior Architectural Woodwork - � DIVMION 13 SPECIAL CONSTRUCTION 13125 Pre- Engineered Metal Building Systems 13845 Likliting Controls DIVISION 15 ; MECHANICAL 15050 Basic Mechanical Materials and Methods 15058 Common Motor Requirements for HVAC Equipment 15060 , ° , Harirers and Supports 15081 Duct Insulation 15083 Pipe Insulation 15110 '± Valves 15140 " Domestic Water Piping 15150 Sanitary Waste and Vent Piping 15194 Fuel Gas Piping 15213 i Compressed Air Piping 15410 Plumbing Fixtures 1512 Emergency Plumbing Fixtures 15430 I Plumbing Specialties 15485: Electric Domestic Water Heaters 15542 Fuel -Fired Radiant Heaters 15815 Metal Ducts 15820 Duct Accessories 15838 Power Ventilators 15900 HVAC Instrumentation and Controls and Points List DIVISION 16 ELECTRICAL AIA Document Al 07 TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/0312014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: 7 16000 Electrical Work § 64.4 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Cover Sheet, Reference Plan, Drawing Index Property Survey Date February 4, 2014 CO.1 E0 C1.1 } Al. 1 A2.1 AM 7a I j Sl.l .. AAT1, 1 Date Pages February 19, 2014 j' March 11, 2014 ` March 14, 2014 ,bidding requirements are not part of the Contract Documents unless the bidding this Article 6. § 6.1.6 Additi .1 P3 A ARTICLE 7 GEN § 7.1 THE CONTF any, forming part of the Contract Documents: The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the of execution this "Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement: A 1Vlodif cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect: Thd intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor, The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract', Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written Init. AIA Document Al07TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. ,a §.73 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or T y completed, and includes all other labor, materials, equipment and services provided or to be provided by th&Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 7.4 INSTRUME Instruments of tangible and int respective prof: surveys, model: § 7.5 OWNERSH § 7:5.1 The Arcl Instruments of other reserved Y ' equipment sups meet official re publication in d ' §7:5.2 The Con and reproduce t copies made, ur The Contractor, Instruments of specific written ' § 7.6 TRANSMIE If the parties ins �' they, shall eride� - =Agreenient or v - ARTICLE 8 OA t, § 8.1 INFORMAL ' § 8.1.1 The Ovvi §8. 1:2 The Con exercise proper RVICE representations, in any medium of expression now known or later developed, of the ative work performed by the Architect and the Architect's consultants under their Vices agreements. Instruments of Service may include, without limitation, studies, drawings, specifications, and other similar materials. DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE chitect's consultants shall be deemed the authors and owners of their respective .g the Drawings and Specifications, and will retain all common law, statutory and copyrights. The Contractor, Subcontractors, Sub - subcontractors, and material or vn or claim a copyright in the Instruments of Service. Submittal or distribution to rents or for other purposes in connection with this Project is not to be construed as Architect's or Architect's consultants' reserved rights. tractors, Sub - subcontractors and material or equipment suppliers are authorized to use of Service provided to them solely and exclusively for execution of the Work. All zation shall bear the copyright notice, if any, shown on the Instruments of Service. 3, Sub- subcontractors, and material or equipment suppliers may not use the r or for additions to this Project outside the scope of the Work without the Owner, Architect and the Architect's consultants. ;SION OF DATA IN DIGITAL FORM :end to transmit Instruments of Service or any other information or documentation in digital form, wor to establish necessary protocols governing such transmission, unless otherwise provided in the 1 the Contract Documents. 'NER .,% ION AND SERVICES REQUIRED OF THE OWNER ier shall furnish all necessary surveys and a legal description of the site. tractor"shall be entitled to rely on the accuracy of information furnished by the Owner but shall precautions relating to the safe performance of the Work. Except for permits and fees "that are the responsibility of the Contractor under the Contract Documents, .ng those required�under "Section 9.6.1, the Owner shall secure and pay for other necessary approvals, ants, `assessments and charges required for the construction, use or occupancy of permanent structures or for lent chances in existing facilities. § 8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written or repeatedly order to the`Coritractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right B' ' d benef t of the Contractor or any other person or entity. § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten -day period after receipt of written notice from the Owner to commence and continue correction of such Init. AIA Document Al07TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) default or neglect with diligence and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 94 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with reauirements of the Contract Documents. .2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the k, carefully; study and compare the various Contract Documents relative to that portion of the Work, as well as . nforniation furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing ,itions related to' that portion of the Work and shall observe any conditions at the site affecting it. These rations are for the'purpose'of facilitating coordination and construction by the Contractor and are not for the ose of discovering errors, omi or inconsistencies in the Contract Documents; however, the Contractor .promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the ractor, as a request for information in such form as the Architect may require. It is recognized that the r actor 's review is made in the Contractor's capacity as a contractor and not as a licensed design professional s otherwise snecificall provided in the Contract Documents. fired to ascertain that the Contract Documents are in accordance with applicable rules and regulations, or lawful orders of public authorities, but the Contractor itect any nonconformity discovered by or made known to the Contractor as a )rm as the Architect may require. § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES s § 91.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The i Contractor shall_ be solely responsible for and have control over construction means, methods, techniques, sequences and for coordinating all portions of the Work under the Contract, unless the Contract Documents and procedures, - give othe r- specific, instructions concerning;, these matters. r § 9.2 2eTlie Contractor "shall be responsible to the Owner for acts and omissions of the Contractor's employees, ! : -- Subcontractors and their agents' "and= "employees, and other persons or entities performing portions of the Work for or on- behalfofthe Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS 9 31 Unless otherwise rovided in „the Contract Documents, the Contractor shall rovide and a for labor „ p pY materials, equipment; tools, construction equipment and machinery, water, heat, utilities, transportation, and other � facilities and services necessary,,for proper execution and completion of the Work whether temporary or permanent and whether or)not incorporated or to be incorporated in the Work. t §* 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled 1 in tasks assigned to, them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and.in accordance with a Modification. § 9:4 WARRANTY; The Contractor, warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes Init. AIA Document A107Tm — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. § 9.5 TAXES 'The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 PERMITS; FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. T § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the j Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. f I' § 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials'and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor, installation, overhead, and profit. i § 9.8 CONTRACTOR'S` CONSTRUCTION SCHEDULES § 9.8.1 The Contracfor,i promply after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Con' tractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project,, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 1' 9;8 2 The Contra shall erform the-Work in general accordance with the most recent schedule submitted to the Owner' aril Archit ce t. ` ,� p — § 9.9 SUBMITTALS= �.. § 19.1 Tlie Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples s and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field in and field construction criteria related thereto, or will do so; and (3) checked and coordinated the ^ information contained within such submittals with the requirements of the Work and of the Contract Documents. . t The Work shall be i `accordance with approved submittals. �j p § 9.9.2 Shop Drawin g s Product Data, Samples and similar submittals are not Contract Documents. - - � p § 9.10 USE OF SITE The, Contractor stall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber. the site' with materials or equipment. 1 § 9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. Init. AIA Document All 07 TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by' operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawing, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall. be responsible for such loss unless such information is promptly furnished to the Architect., T' §1.14 ACCESS?TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 9.15.1,,To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, 3 Architect Architect's consultan ts and agents and employees of any of them from and against claims, damages, los ses and exp enses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided hat such claim damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or, destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions'of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts. they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights'or obligations of indemnity which would otherwise exist as to a party or person described in this Section ' 9.15.1. -- - -- § 9.151 In claims against and person. or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor; anyone directly or indirectly employed by them or anyone for whose acts they maybe liable, the mdemmfication.,obhg'ation under.Sechori 9.15.1 shall not be limited by a limitation on amount or type of damages, coImpensa'tion or payable_by or for the Contractor or Subcontractor under workers' compensation acts, disabilitybenefit'acts or'otlier employee benefit acts. f 'ARTICLE 10 ARCHITECT §10.1 The Architect will provide administration of the Contract and will bean Owner's representative during a con`s'truction; until the'date the Architect issues the final Certificate for Payment. The Architect will have authority to . on behalf of the, Owner only to the extent provided in the Contract Documents, unless otherwise modified in W riting in accordance vcnth other "provisions of the Contract. § 10.2 The Architect will'visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the 6ntract Documents! However, the Architect will not be required to make exhaustive or continuous on -site - inspections to check the quality or quantity of the Work, The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and`programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the,Contract Documents. § 10 3 Ori the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or Init. AIA Document A107TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 10.4 Based on the Owner's and Architect's evaluations of the Work and of the Contractor's Applications for Payment, the Ar-ehiteetOwner will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. I § 10.5 The rehiteet h Owner and Architect have authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, ProductData and Samples, but only for the limited purpose of checking for conformance with 3 information given and the design concept expressed in the Contract Documents. § '10`.7 The Ar' chitect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents, on written. request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or" decisions rendered in good faith. i § 10.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the: Contract Documents. � § 10 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified--'or extended without written consent of the Owner, Contractor and Architect. , ? Consent`shall not be unreasonably withheld. ARTICLE 11 t I SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11,2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable afterr, award, of, the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors'or suppliers for each- of thdprincipal portions of the Work. The Contractor shall not contract with an Subcontractor or s to, whom tfie Owner or Architect has made reasonable written objection within ten =days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable`ofperforming the Work, the Contract Sum and Contract Time shall be increased or �'� decreased b the difference if any,, b such change, and an appropriate Chan e Order shall be issued y Y Y g� g ' before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with r' anyone,towhonthe Contractor has made reasonable objection. t .3C- ontracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward'. the Contractor. all the obligations and responsibilities, including the responsibility for safety o the Subcontractor's ,Work; which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that 3 the Contractor by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 121 The Owner reserves the right to perform construction or operations related to the Project with the Owner's _ own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the,site under conditions of the contract identical or substantially similar to these, including those portions related,to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is uiYolved because;of such action by the Owner, the Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's *activities with theirs as required by the Contract Documents. Init. AIA Document Al07TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: §,12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1'By appropriate Modification, changes in the Work may be accomplished after execution.of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions; deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and .Architect, or by written Construction Change Directive signed by the Owner and Architect. 1 1 j § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect; by the Contractor's, cost of labor; material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive; the Contractor may request payment for Work completed pursuant to the ; Construction Change Directive. The Architect will make an interim determination of the amount of payment due for ' purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sunfand Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order § 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the ' Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such char es shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. i § 13.4 If concealed or,unknown physical conditions are encountered at the site that differ materially from those indicated inthe'Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and e Contract Tim shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice td the Owner- and Architect promptly and before conditions are disturbed. ARTICLE 14 ,TIME r j = §" 14.1 Tiinelimits staffed in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms `that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, `Contract Time is the period of time, including authorized adjustments, allotted in e.. ohtra6t Documents for Substantial'Completion of the Work. s § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defin_ ed. § 14.4 i The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. §J4.5 If the Contractor. is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable tune as the Architect may determine, subject to the provisions of Article 21. "'ARTICLE 15. PAYMENTS AND COMPLETION § 151 APPLICATIONS FOR PAYMENT § 151.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit to the ", ^'Owner,before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported Init. AIA Document A107TM —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. - WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08 :18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) by such data to substantiate its accuracy as the ^ ^�etOwner may require. This schedule, unless objected to by the ^ e iteet, Owner, shall be used in reviewing the Contractor's Applications for Payment. a Y 9 l 4 J 3 , 15.1.3 Payments shE ' subsequent incorpora materials and equipnm � t 61 5.1.4 The Contract § 15.1.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor, less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. ved used jade on account of materials and equipment delivered and suitably stored at the site for the Work. If approved in advance by the Owner, payment may similarly be made for red, and protected from damage, off the site at a location agreed upon in writing. that title to all Work covered by an Application for Payment will pass to the Owner t. The Contractor further warrants that upon submittal of an Application for tificates for Payment have been previously issued and payments received from the ontractor's knowledge, information and belief, be free and clear of liens, claims, .brances adverse to the Owner's interests. wner will, within seven days after receipt of the Contractor's Application for Payment, a Certificate for Payment, with a copy to the Contractor, for such amount as the ^ ,. perly 4 ue, or notify the Contractor and Ov,% r-in writing of the ^ Mme'- Owner's reasons lion it whole or in part as provided in Section 15.2.3. Ii Certificate for Payment will constitute a representation by the rfehi� °-tee- Owner, Owner's evaluations of the Work and the data comprising the Application for Payment, - "eet' Owner's knowledge, information and belief, the Work has progressed to the point ality of the Work is in accordance with the Contract Documents. The foregoing ct to An evaluation of the Work for conformance with the Contract Documents upon to results of subsequent tests and inspections; to correction of minor deviations from the 5r to completion and to specific qualifications expressed by the Owner or the Architect. The for Payment wilf further constitute a representation that the Contractor is entitled to ertified -How ver, the issuance of a Certificate for Payment will not be a representation that (1)- exhaustive or continuous on -site inspections to check the quality or quantity of ,onstruet onlneans, methods, techniques, sequences or procedures, (3) reviewed copies of m Subcontractor's and material suppliers and other data requested by the Owner to :or's right to or (4) made examination to ascertain how or for what purpose the Ley previously paid on account of the Contract Sum. § 15 2.3 The' "'Owner may withhold a Certificate for Payment in whole or in part, to the extent reasonably neeessary to protect the Owner, if in the A ,. �e�- Owner's opinion the representations to the O required by Section 15.2. cannot be'rriade If the ^ rat -Owner is unable to certify payment in the amount of the Application, the A ^'owner will notify the Contractor °- a l as provided in Section 15.2.1. If the Contractor and the ^ r' hiteet Owner cannot, agree on a revised amount, the MehiteetOwner will promptly issue a Certificate for Payment for the amount' for which the A�etOwner is able to make such =�Je��tlens -t A %ems A r�� representations. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the A r�et's Owner's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; third ird party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; Init. AIA Document A107 TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. a t . I PROGRESS PAYMENTS .1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount ich the Subcontractor,is entitled, reflecting percentages actually retained from payments to the Contractor on nt of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each )ntractor, require each Subcontractor to make payments to sub - subcontractors in similar manner. .2 Neither the Owner nor - Architect shall have an obligation to pay or see to the payment of money to a )ii actor' except as may otherwise be required by law. , .3 , A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the .r shall not constitute acceptance of Work not in accordance with the Contract Documents. the stage in the progress of the Work when the Work or designated portion thereof nce with the Contract Documents so that the Owner can occupy or utilize the its Contractor considers that the Work, or a portion thereof which the Owner agrees to accept tantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of �ted or corrected prior to final payment. Failure to include an item on such list does not alter the to contractor to complete all Work in accordance with the Contract Documents. } ipt of the Contractor's list, the Architect will make an inspection to determine whether the Work lonahereof is sub staintiatly complete. When the Architect determines that the Work or designated �36sta tially complete the Architect will issue a Certificate of Substantial Completion which shall �f Substantial "C& mpletion, establish responsibilities of the Owner and Contractor for security, utilities;_d'amage to the Work and insurance, and fix the time within which the Contractor shall -the list accompanying the Certificate. Warranties required by the Contract Documents shall date of Substantial Completion of the Work or designated portion thereof unless otherwise ,rtificate of Substantial Completion. § 15.4.4) The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for, Work thatls incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon, receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner and the Architect will promptly make such inspection and, when the "rte '�eOwner finds the Work acceptable under the Contract Documents and the Contract fully performed, the "r-rOwner will promptly issue a final Certificate for Payment stating that to the ` best of the "F Owner's knowledge, information and belief, and on the basis of the "roc' - Owner's on- site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and" that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The "r�et's Owner's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. Init. AIA Document A107 TM —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04103/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: § 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or ' .3 terms of special warranties required�by the Contract Documents. a . § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a ' waiver of claims, by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall lie "responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, 'and shall. "rovide reasonable protection to prevent damage, injury or loss to .1 eployees on the'Work and other persons who may be affected thereby; .2 the Work an materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors; and ' 3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, j i 1 roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or m part by the Contractor, a Subcontractor,a sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 1612and 16 1 3,_except for damage or�loss attributable to acts or omissions of the Owner or Architect or by anyone "for whose acts eithe �of�them mabeliable, and not attributable to the fault or negligence of the Contractor. The ' foregoing`obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. f §.16.2 HAZARDOUS MATERIALS 16 2.1 The Contractor, is res onsible= for compliance with the requirements of the Contract Documents regarding 3 ' hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract i , Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons ' `> resulting from a materialor" substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affecte d area and report the condition to the Owner and Architect in writing. When the material or substance;has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and�Contr'actor :'By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the; amount of the Contractor's reasonable additional costs of shutdown, delay and start -up. §.16 2 2 To the fullest extent permitted bylaw, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect's consultants and agents and employees of any of them from and against claims, damages, , osses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. Init. AIA Document All 07 TM —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. User Notes: (1783969111) § 16.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS § 97.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death; and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work., Each policy shall contain a provision that the policy will not be canceled or allowed to t i expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts'or.omissions during the "Contractor's operations; and (2) the Owner as an additional insured for claims caused in ' whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 17.2,OWNER'S " LIABILITY INSURANCE TheOwner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.3 PROPERTY INSURANCE' � § 17:3.1 Unless' otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in ° the jurisdiction in which the Project is located, property insurance on an "all- risk" or equivalent policy form, including builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless-otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities,who are ,beneficiaries�of such insurance, until final payment has been made as provided in Section 15.5 or until. no person or entity other than the Owner has an insurable interest in the property required by this Section 1 3 1'o"be covered; whichever islater:This insurance shall include interests of the Owner, the Contractor, = Subcontractors, an d> sub= subcontractors in the Project. J ' �. § 1.7 3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not - be"re.duced; unt l'at least 30'days' prior written notice has been given to the Contractor. § 173 .1j The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors; agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 12 if any, and any of their subcontractors, sub - subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17,3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect" Architect. s consultants, separate contractors described in Article 12, if any, and the subcontractors, sub- subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required forvalhdity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the. insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest "iri the property damaged. § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds Init. AIA Document A107TM —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 199/ ano zuul Dy i ne Hmencan n15LILUM UI Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub - subcontractors in similar manner. § 17.4.PERFORMANCE BOND AND PAYMENT BOND § 17.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 17.4.2 Upon the request . of any person or entity appearing to be a potential beneficiary of bonds covering payment Of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ' ARTICLE 18 CORRECTION` OF WORK .1 The'Contr shall rom tl correct Work re ected b the Architect or failin to conform to the § 18 . � . , P. ; p Y J Y g requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,,. installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense, unless compensable under Section A.2.7.3 in Exhibit A, Deternunation of the Cost of the Work. §18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established 1 under Section'" 15.4.3, or by terms of an applicable special warranty required by the Contract Documents, any of the E Work is to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance'of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. f § 3, If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8 3'� - - _ Work shall be extended with respect to portions of Work first erformed ' §.18.4 The; one year period for correction of W p P p after Substantial Completion by the "period of time between Substantial Completion and the actual completion of that ' portion of the W& - § 18.5 The one ; period "for correction' bf Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article: 18 3 ARTICLE 19 MISCELLANEOUS PROVISIONS § 19,1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may lwithout: consent of the Contractor, assign the Contract to a lender providing construction financing for the Prroject if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall :execute all consents reasonably required to facilitate such assignment. § 19.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, except, that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section § 19:3 TESTS AND INSPECTIONS Tests, in and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public Init. AIA Document A107TM — 2007. Copyright ©1936, 1951,,1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids p are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. 619.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims�and causes. of action not commenced in accordance with this Section 19.4. rtify payment as provided in Section 15.2.1 for a period of 30 days through no fault r fails to make payment as provided in Section 4.1.3 for a period of 30 days, the tional days' written notice to the n..,... °r er the A ,.ehiteet, Owner, terminate the vner payment for Work executed, including reasonable overhead and profit, costs and damages. ER FOR CAUSE e the Contract if the Contractor or fails to supply enough properly skilled workers or proper materials; :lent to Subcontractors for materials or labor in accordance with the respective ,n the Contractor and the Subcontractors; rds applicable laws, statutes, ordinances, codes, rules and regulations or lawful authority; or of substantial breach of a provision of the Contract Documents. reasons exists, the , caner may without prejudice to any other remedy the Owner may have and after Lys,?' Wfiften.notice, terminate the Contract and take possession of the site and of all L& - onstruction equipment and machinery thereon owned by the Contractor and may easonablee method the Owner may deem expedient. Upon request of the Contractor, Contractor a detailed accounting of the costs incurred by the Owner in finishing the the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall to receive further payment until the Work is finished. ance of the Contract Sum exceeds costs of finishing the Work, including compensation for iri d expenses made necessary thereby, and other damages incurred by the Owner and not xcess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case 1 by the "re'eet—, Owner, upon application, and this obligation for payment shall survive 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the *Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with _ reasonable overhead and profit on the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections Init. AIA Document A107TM —2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: 15.5.3 and 15.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. f 7 k E f z 2, kl { �f § 21.2 If a, claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance " binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 day's from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration' is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. arbitration as the method for binding dispute resolution in the Agreement, any by, mediation shall be subject to arbitration which, unless the parties mutually rered by the American Arbitration Association, in accordance with the Rules in effect on the date of this Agreement. Demand for arbitration shall be ether party to the Contract, and filed with the person or entity administering the y the arbitrator or arbitrators shall be final, and judgment may be entered upon it in t any court having jurisdiction thereof. scretion, may consolidate an arbitration conducted under this Agreement with any p arty provided that (1) the arbitration agreement governing the other arbitration rbitrations to be consolidated substantially involve common questions of law or fact; materially similar procedural rules and methods for selecting arbitrator(s). may include by joinder persons or entities substantially involved in a common sence is required if complete relief is to be accorded in arbitration provided that the s'in writing to such joinder. Consent to arbitration involving an additional person or to. arbitration of a Claim not described in the written Consent. §11 7 Tlie foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21 8 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this C ontract; This" mutual`yva> ver includes .1 damages.incurredliy the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 :damages° ncurred by the Contractor for principal office expenses including the compensation of personnel =stationed there, for losses of financing, business and reputation, and f or loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 20. Nothing contained in this Section 21.8 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. Init. AIA Document A107TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: This Agreement entered into as of the day and year first written above. CONT CTOR (Signature) Ronald L. Fauss, President Fauss Construction Inc. (Printed name and title) (nit. AIA Document A107TM — 2007. Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: Certification of Document's Authenticity AIA® Document D401 TM —2003 I, Steven A. Riley, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 08:18:07 on 04/03/2014 under Order No. 6299538932_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A107TM — 2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope;_ as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. i { r ,l 3 (Sikned S S6C. AIA Document D401 TM —2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: J ; r 'd AIA Document D401 TM —2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:18:07 on 04/03/2014 under Order No.6299538932_1 which expires on 11/05/2014, and is not for resale. (1783969111) User Notes: ORIGINAL ODD � OL��- CONTRACTOR: (Nance, legal status and address) Fauss Construction, Inc. 1059 County Rd 20 Hooper, NE 68031 OWNER: (INTame le gal status and address) City of Blair 218 South 16th Street Blair, NE 68008 B Number NEC 617 37 Performance Bond SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) 2100 Fleur Dr. Des Moines, IA 50321 CONSTRUCTION CONTRACT Date: March 25, 2014 Amount: $446,500.00 Description Blair Public Works Street Facility Addition (Name and location) BOND Date: April 11, 2014 (1Vot earlier than Construction Contract Date) Amount: $446,500.0.0 Modifications to this Bond: Q None Q See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) FAUSS CONSTRUCTION, INC. MERCHANTS BONDING COMPANY (MUTU, L) Signat " e: $ignatur Name Name Suzanne Westerholt , Attorney -in -Fact and Title: and Title: '(Any additional signatures appear on the lastpage of this Performance Bond) (FOR INFORMAT70N ONLY- 1Vame, address and telephone) AGENT orJROKER: OWNER'S REPRESENTATIVE: Gene Lilly Surety Bonds, Inc. (Architect, E ngineer orotherpart 3440 O St. Prochaska &Associates 11317 Chicago Circle - Lincoln, NE 68510 Omaha, NE 68154 -2633 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 arrangement �xdth the American Institute of Architects, the National Association of Surety Bond Producers (NASBI') ( u�'a'?'�bro� males P age this form document available to its members, affiliates, and associates in Microsoft Word format for use in the re course of surety business. NASBP vouches that the original text of this document conforms exactly y the test in AIA Document A312 -2010, Performance Bond and 1 /9 R Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.. S 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor- Default. Such notice. shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the.Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the -Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default, .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the.Surety; and .3 the Owner has agreed to pay the Balance of the 'Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; S5.2 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 for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or S 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it maybe liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. By arrangement with the American Institute of architects, the National Association of Surety Bond Producers (NASBP) ( umgnasb .oral makes page this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regwar course of surety business. t NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312 -2010, Performance Bond and 2/9 R Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. 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. S 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. 5 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14'Definitions 14.1 Balance of the Contract Price. The total'amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 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 arrangement with the American Institute of Architects, the National Association of Surety Bond Producers �NASBP) (` uKVarnasbtt.or¢1 makes P age — this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. t NASBP voucbes that the original text of this document conforms exactly to the text in AIA Document A312 -2010, Performance Bond and 3/9 R Payment Bond. Subsequent modifications may be made to the original teat of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16 Modifications to this bond are as follows: (Space isprovided below for additional signatwvs of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: By arrangement with the Amedc an Institute of Architects, the National Association of Surety Bbnd Producers (NASBI) ( ummnasbp.0 0r rg} makes Page this form document available to its members, affiliates, and associates in Microsoft Word format for use in the re course of surety business. NASBP vouches that the original tit of this document conforms exactly to the test in AIA Document A312 -2010, Performance Bond and 4/9 Payment Bond. Subsequent modifications may be made to the original text of this document by users_, so careful review of its Rording and consultation with an attomey are encoura before its completion, execution or acceptance. Payment Bond CONTRACTOR: (Name, legal status and address) Fauss Construction, Inc. 1059 County Rd 20 Hooper, NE 68031 OWNER: (Name, legal status and address) City of Blair 218 South 16th Street Blair, NE 68008 CONSTRUCTION CONTRACT Date: March 25, 2014 Amount: $446,500.00 SURETY: (Name, legal status and principal place o f business) Merchants Bonding Company (Mutual) 2100 Fleur Dr. Des Moines, IA 50321 Description: Blair Public Works Street Facility Addition (Name and location) BOND Date: April 11, 2014 (Not earlier than Construction Contract Date) Amount: $446,500.00 Modifications to this Bond: M None © See Section 18 CONTRACTOR AS PRINCIPAL Company: (CoorakSwa FAUSS CONSTRUCTION, INC. Sigma Name and Tide SURETY Company: (Corpomle Seal) MERCHANTS BONDING COMPANY (MUTUAL) Signature: V 'r Name and Title Suza e P Westerholt , Attorney -in -Fact (4ny addifionalsignafunes appear on the kfs page o f this Payment Bond) (FOR INFOBMATTON ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Gene Lilly Surety Bonds, Inc. 3440 O St. Lincoln, NE 68510 (Architect, Enoineer or otherparzy: Prochaska & Associates 11317 Chicago Circle Omaha, NE 68154 -2633 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 arrangr-ment with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.00l makes page this form document available to its members, affiliates, and associates in Mcrosoft Word format for use in the regular course of surety business. NASBP vouches that the ori test of this document conforms exactly to the tc-,t in AIA Document A312- -2010, Performance Bond and S/9 Payment Bnnri. Snhsegirnt mMificatinns may he-. made to flip ndginal reef of this dnmm* Mf by nsetr,, sn ratrfiil review of ir5'wnrding and consultation with an attomey are encouraged before its cuuipledua, eeecudun or accepWim § 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 I£ 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 ng obligation under this Bond. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or -the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 5 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 Have sent a Clain 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. . S 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. S 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in . the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. By att w ent With the American Institute of Architects, the National Association of Surety Bond hoduccts (NASB1� ( msma n�bo.orel makes Page this form document available to its members, affiliates, and associates in Miicrosoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312 -2010, Performance Bond and 6/9 ( Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encoupg before its completipn, execution or acceptance. S 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 5 12 No suit or action -shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to ' . Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5 13. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requitement 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. S 15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minim .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;, .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and Y .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of - the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the , Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without 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 arrangement with the A mesican Institute of Architects, the National Association of Surety Bond Producers (NASBP) ( mmmasbp. malces P age this form document avatilable to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the test in AIA Document A312 -2010, Performance Bond and 7[ 9 R Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careH review of its wording and consultation with an attorney are encouraged before its,completion, execution or acceptance. ' 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. S 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. S 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added paf-ties, other than those appeating on the cover page.) CONTRACTOR AS PRINCIPAL SURETY, Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: By arr gem c ntwith the American Institute of Architects, the National Association of Surety Bond Producers (NASBI� ( ummmasbp.orel makes Page this form document available to its members, affiliates, and associates in Microsoft Word fomsat for use in the regilar course of surety business. t NASBP vouches that the original test exactly t of this document conforms e to the test in AIA Document A312 -2010, Performance Bond and 8/ G Payment Bond. Subsequent modifications may be made to the original text of this document by uscts, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. M L i j% BONDING • , POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the, laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Jacob J Buss; James M King; Robert T Cirone; Suzanne P Westerhoit of Lincoln and State of NE their true and lawful Attomey -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. FIFTEEN MILLION ($15,000,000.00) DOLL and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board" of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary. or any Vice President shall have power and' authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the ' seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. - The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and . effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of January , 2012. STATE OF IOWA COUNTY OF POLK ss. 1-141ttf o 0 ti a +� +! T 4 f, � l � E ,�Frttl iNtQ }1� ;4i ' ����G ' GD�A •. �O. •.9 . •COD 1933 ; C; MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By - President On this 1st day of January , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and . that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ,r MARANDA GREENWALT Commission ^ o ission Number 770312 R � My Commission Expires °tY" October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11t11ay of .April , 2014• -... • t-- -o- 1 Secretary � 4 � �� i � � 1� . 1 �33 :AC'• ._ P OA 0014 (11/11) "'- �,,, *y;; � . • °a 1?ae 9/9 hlR 0114E D 1 /1 - - _. , _„,_ _ ,_ iv V, GVVJ 1- AO CERTIFICATE OF LIABILITY INSURANCE I/ t 4 - 14 -1 PRODUOER SW1�1+�50 2SUk�ANCE /REAL INC, y THIS CERTIFICATE IS ISSUED. AS A MATTER OF INFORMATION ONLY AND 6QNFER$ NO RIGHTS UPON THE CER TIFI CATE HOLRER. THIS CERTIFICATE ROES NOT AMEND EXTEN OR 508 Main Street ALTER THE CO VERA G E AFFORDED BY THE P OLICIES BELOW. INSURERS AFFORDING COVERAGE P. O. 13ox . 408 Scribner. NE 68057 ^.0408 IN llRE6 INSURER A: EMPLOYERS MUTUAL CQIXMMIES INSU RER B, VAUSS C014S.TRUCTIO14 114C. INSURERC: 1 059 CR 20 INSURER D: 1 00 r 000 INSURER E ROOPER 1VE 68031- COVERAGES THE POLICIES OF INSURANCE LISTED BEL+DW HAVE BEEN ISSUED TO THE INSURED N A MED ABOVE FOR THE POLICY PEMbD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OK ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE - MAY BE ISSUED QA MAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS - OF SUCH POLICIES, AodREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE POLICY NUMBER POLir`.TEFFEGTIVE DATE MM1DD MILICY EXPIRATION E DA MI A GENERAL LIABILITY GONIMERCIALGE CLAIMS MADE Q OCCUR 2 38 36 14 / 01/01/20.14 / / ` MD / ! 01/01/2015 / / EACH OCCURRENCE $ 1, 000 , 000 FIRE DAMAGE (Any one fire) 1 00 r 000 ME D EXP A one p wson PERSONAL &ADV INJURY $ t ooQ r 000 GENERAL AGGREGATE. $ 2 , 000,000 GEN'L AGG LIMIT APPI POLICY x J CT . LOO PRODUCTS.- COMPfOP AGG $ 2 , 000,000 +A AUTOMOBILE X X X LIABILITY ANYAUTO ALL OWNED AUTOS SGHWULmAUTOS HIRED AUTOS NON -OWNED AUT09 2 R6 38 36 14 01/01/2014 / / / / 01/01/2015 / / / COMBINED SINGLE LIMIT (Ea accident) $ 1 r . 00O r 000 BODILY INJURY (PerPemon) $ BODILY INJURY (Per acidenl) $ PROPERTY DAMAGE Per accident) OARAGELIABILrIY ANY AUTO / / / / AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ A EXCESSUABILITY rX OCCUR CLAIMS MADE DEDUCTIBLE X • RETENTION $10,000 2,76 38 36'14 01/01/2014 / / 01/01/2015 / EACH OCCURRENCE $ 5,00011700 AGGREGATE $ 5,000, $ .A EEOPLOYER"WLJABILISTY ON AND 2>H6 38 3. 6 zd 01/41/2014 '01/01/201.9 T TH x T LIMITS O ER EL EACH ACCIDENT a 5010 r 000 E.L. DISEASE - EA EMPLOYE $. hbo - Coo E.L. DISEASE. - POLICY LIMIT $ 500 OTHER / DESCRIPTION OF OPERATIONSII OCATIONSIVEHICLES (EXCLUSIONS ADDED BY ENDOR.SEMENTISPECIAL PROVISIONS tFIRTIFIC`AT IP 011711_r1FrI I I nnrirnm.l I FrWR CANCELLATIO1 City of Bla SHOULD ANY O THE ABOVE DESCRIBED POUC(ES BB CANCELLED BORE THE 218 South 16th Street ERPIRATIO DATE THEREOF, THE ISSUING INSURER WILL E14O6AVOR TO !WAIL Blair, Ne 68008 30 DAYS WRITTEN NOTICE TO TH6 CER- nRcATE WOLOER.NAMED YO THE LEFT, BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY )OND UPON THE INSUAGM ITS AGIENYS 09 REPRESENTATIVES, AU t REPREaATnM ACORD ZS - (7197) - ` .. 0 ACORD CORPORATION 1988 ki (1${126$ ($91o),01 ELECTRONIC LASER FORMS, INC. - (80327 -0545 Page 1 of 2