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Disaster No. 4013 Flood Mitigation-Eriksen ConstructionAGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Blair, Nebraska ( "Owner") and Eriksen Construction Co., Inc. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ( "Contractor"). 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of a storm water pump station, flood wall, storm sewer, sanitary sewer and water main. ARTICLE 2 —THE PROJECT 101 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: DISASTER NO. 4013,, FLOOD MITIGATION STORM WATER PUMP STATION AND UTILITIES ARTICLE 3 — ENGINEER 3.01 The Project has been designed by HDR Engineering;, Inc 3.02 The Owner has retained HDR Engineering, Inc. ( "Engineer ") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before August 31, 2015, and completed and ready for final payment in accordance with Paragraph* 15.06 of the General Conditions on or before September 30, 2015 B. Parts of the Work shall be substantially completed on or before the following Milestone(s): 1. Milestone 1 March 15, 2015 a. 24 -inch sanitary sewer construction b. 20 -inch water main construction c. Fairview Drive water main removal EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 d. Fairview Drive sanitary sewer abandonment /filling e. 6 -inch water main on west side of plant f. Abandonment of 6 -inch water main g. Fairview Drive storm sewer h. 6 -inch water main offset in Fairview Drive i. Three raw water main encasements j. Chemical line encasement k. Flood gate base 2. Milestone 2 May 1, 2015 a. Detention pond storm sewer b. Pump station wet well c. Conduit for OPPD d. Pump station control conduit e. Pump station control building pad f. 6 -inch water main encasement g. 2 -inch water main encasement 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages.for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 1,500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 750 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor shall pay Owner $ 2,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of each Milestone, until said Milestone is achieved. EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 90 percent of Work completed (with the balance being retainage): If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 3 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 NOT USED E1CDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1), reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the ' Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract-Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. . H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to. indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor, that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3 inclusive). 3. Payment bond (pages 1 to 3 inclusive). 4. Other bonds. 5. General Conditions (pages 1 to 65, inclusive). 6. Supplementary Conditions (pages 1 to 12, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of 68 sheets, with each sheet bearing the following general title: DISASTER NO. 4013, STORM WATER PUMP STATION AND UTILITIES. 9. Addenda (numbers 1 to 5, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 10, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended; modified, or supplemented as provided in the General Conditions. ARTICLE 10 ® MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken .provision. 10.05 Contractor's Certifications A. Cvritractur cerlifies LhaiL iL has nuL engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to*establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, 'a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C -700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline /strikeout), or in the Supplementary Conditions, EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil' Engineers. All rights reserved. Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This � will be effective on Agreement I y which is the Effective Date of the Contract). g OWNER: CONTRACTOR: C Title: v 1. y G Title: Attest: Title: CL Address forgiving notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) (If Contractor is a corporation, a partnership, or a joint venture, attach evidence o authority to sign.) , \,D Attest: L f Title: - w1," Address for giving notices: Z5 4 (a n, 14wq. 5P I-P 0 � blo '6111r, mr, License No.: - ,-' I & (where, applicable) EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 i ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: City of Blair 218 South 16` Street, Blair, ME 68008 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.02 BIDDER will sign and deliver the required number of counterparts of the AGREEMENT with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date 1 09.30.2014 2 ( aith rev) 10.14.2014 3 10.16.2014 d 1 n 29 70n 5 10.20.2014 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. EICDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ADDENDUM NO.3 I E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities,. or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally stafficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity .with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.1): . 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non - competitive levels, or (c)'to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices -at artificial, non - competitive levels; and EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 ADDENDUM NO.3 i 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work. in accordance with the Contract Documents for the following price(s): Item No: Description Estimated Quantity Unit Bid knit Price Bid Price 1 Mobilization 1 LS 2 Clearing and Grubbing General 1 LS 1g357. o o ) 1 q,3 fi 3 Earthwork (Unsuitable Excavation) 10,000 CY Z 4 Topsoil Removal 8,600 SY Z,t�. 5 Topsoil Placement 8,600 SY i f $ 121 6 Remove-and Store Shelter 1 LS — 5 7 Remove Pavement 1,049 SY 30 8 Remove Sidewalk 185 SF 1 21 5 9 Remove and Replace Fence 80 LF z r Q 5 g, 10 Remove 2" Pipe 96 LF 3, g 11 Remove 4" Pipe 390 LF �, 2,1, L., 12 Remove 6" Pipe 650 LF ( 1 10 . 0 13 Remove 8" Pipe 350 LF (Q, 5't�. -7, 00 14 Remove 12" Pipe 214 LF (� �� 15 Remove 18" Pipe 58 LF � � , 53' —te 16 Remove 20" Pipe 460 LF q, 25 2 5. 17 Remove 24" Pipe 270 LF a 1 18 Remove Manhole 1 EA 3q OQ 19 Remove Inlet 1 EA 19 3. O p 3 20 Abandon Manhole 4 EA 0 g o xo 21 Adjust Manhole to Grade 1 EA 1 o I Q to 22 Flowable Fill 655 CY � 2, 23 Saw Cut - Full Depth 383 LF 3 1 &3 IF 24 Aggregate Base Course 100 TON 7,,5 00 .0 25 Aggregate Surfacing 50 TON 2.5« 00 Zn D0 26 Aggregate Bedding - 20" PVC 450 LF 17' 37. 0 7, 1q �� 0 EJCDC' C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 ADDENDUM NO.3 .1 Item Description Estimated Unit Bid Unit Bid Price No, Quantity Price 27 Aggregate Bedding - 24" PVC 368 LF Zo *q0 I a t 11 b 0 28 Aggregate Bedding -18" RCP 42 LF 1 7-0 ', i q p 29 Aggregate Bedding - 30" RCP 420 LF 13,V1 , 30 Aggregate Bedding - 42" RCP 127 LF 1 W g, 'y i 31 Aggregate Bedding - 24" HDPE 120 LF 32 3" Crushed Rock Stabilization 100 TON 3 05 z• D. o Bedding j 33 Geotextile Fabric 500 SY Z -1 13 a. D 34 6" Concrete Pavement - Type 634 SY 5 2Z L65 .3 4 5V 1 50 7.00 35 4" Concrete Sidewalk 55 SF 36 6" Concrete Sidewalk 181 SF 7j1 . •7 37 Concrete Generator Pads 170 CY Z g ► ((� ,00 38 Construct Rock Rip -Rap - Type 15 TON - - IF 39 Construct 12" HDPE, DR 17 355, LF ZZ r 00 1 0 0 40 Construct 24" OD HDPE, DR 17 446 LF 41 .Construct 24" PVC Sanitary 988 LF r 7 o. WE 9 12.0 Sewer t& 42 Construct 54" I.D. Sanitary 71 VF 3 5 95. Manhole Q' 00 -. Q0 43 Construct 54" I.D. Sanitary Manhole w /Sluice Gate 1 EA 20, i (�2,0 • O0 44 Tap Existing Manhole 3 EA I 02r on 34 0 45 External Frame Seal 2 EA U0, 0 46 Perform Television Inspection 2 LF 3,1 47 Construct 18" R.C.P., Class III 265 LF o 48 Construct 24" R.C.P., Class III 355 LF U0 L 0 49 Construct 30" R.C.P., Class 111 1 1 124 LF 1 9 26 Z 1, 00 Construct 42" Lined RC 50 Sanitary Sewer Pipe, D(0.01) = 552 LF 1,350 3 7 51 Construct 54" I.D. Manhole 34 VF 52 Construct 72" I.D. Manhole 37 VF 7 53 Construct Gate Well with 1 EA Sluice Gate 54 Construct Junction Box with 1 EA (P Sluice Gate .00 55 Y � H- Piles, HP 12 x 53 3,653 VF, E)CDC• Cr410, Bid Form for Construction Contracts. Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 ADDENDUM NO.3 Item Description Estimated Unit Bid Unit Bid Price No. Quantity Price 56 Sheet Pile Cut -Off Wall 670 SF - �'y og r . 57 Flood Wall 1 LS 58 Storm Water Pump Station 1 LS 31 .00 i 400. 59 Flood Gate 1 EA 3 0513W .01) 3 03 0 60 Construct Curb Inlet - Type 1 6 EA Z . 1 1 5 Z .00 61 Construct Area Inlet - Type 2 4 EA 62 Construct 18" R.C. Flared End 1 EA Section 9z '00 Z. 63 Construct 42" Pipe Support 3 EA Z 0 �. 64 Construct 42" / 24" Pipe 1 EA 31 IJ Support 65 24" Tideflex Valve 1 EA (000, 0 66 42" Tideflex Valve 1 EA Q 00. IV ' , Z5 a dp�0 0 67 Construct 12" Pipe Plug 4 EA 113,00 ��' 68 Construct 18" Pipe Plug 7 EA 354 69 Construct 24" Pipe Plug 2 EA 30, j', 00 ! 70 Bypass Pumping 1 LS 71 6" DI CL 52 Water Main with 15 LF P.E. Encasement , ��• (,Q 3 , �, 72 20" DI CL 52 Water Main with 1245 LF 1 z,3. P.E. Encasement 90 1,5q ZZS, 73 24" DI CL 52 Water Main with 130 LF P.E. Encasement 00 74 1" PVC Chemical Lines 240 LF 1100 Do 75 2" PVC SDR 17 Water Main 115 LF � , 3 3ES 0 76 4" PVC C900, DR 14 Water 100 LF Main ! , 9 0 77 6" PVC C900 , DR 14 Water. 919 LF 7.0110 Main ZO • ! 78 6" PVC SDR 23.5 380 LF Z , 00 79 Cut and Connect 2" Water 1 EA J, 1 9 51 .0 Main q 00 80 Cut and Connect 6" Water Main 3 EA 00 35, 81 Cut and Connect 20" Water 1 EA �► 1 0, p0 Main 2.10-00 82 Cut and Plug 6" Water Main 1 EA .0 i 83 Cut and Plug 20" Water Main 1 EA -1 —LA-0. JX 84 2 x 2" Tee 1 EA 11 •`00 EJCDC• C --410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 ADDENDUM NO.3 Item No. Description Estimated Quantity Unit Bid Unit Price Bid Price 85 4 x 4" Tee 1 EA 3 Z& 00 3, A 86 2" 90 Degree Bend 2 EA Z3.0 z ' 00 87 6" 45 Degree Bend 5 EA 51 0- 00 88 6" 90 Degree Bend 3 EA 3 3 Z . 00 89 20" 45 Degree Bend 6 EA 3 , 0 g 00 90 20" 90 Degree Bend 1 EA Ml 0 91 2" Gasketed Cap 1 EA 1 0 - 92 2" MJ Cap 1 EA 1.6 00 93 4" MJ Cap 6 EA 9 f 0 94 6" MJ Cap 11 EA Z 3. 7-1 . 95 8" MJ Cap 6 EA 2, 96 20 " MJ Ca 4 EA 0 z, 00 97 2" Wet Tap with Valve 1 EA 98 6" Wet Tap with Valve 3 EA 5 106 111 00 99 20" Wet Tap with Valve 1 EA 11 1 01-w. 11 6 K-00 100 2" Sleeve 1 EA g'00 101 4" Sleeve 2 EA 102 6" Sleeve 5 EA -7 - on 39 0,120 103 20" Sleeve 5 EA Mi 104 24" Sleeve 2 EA LA O & L WO 1 00 105 4" Gate Valve with Box • 2 EA z 106, Flush Valve 1 EA 00 107 Hydrant Assembly 4 EA 108 Cleanout Hydrant 1 EA 1, 00 1.0 109 6" PVC SDR 21 Encasement 95 LF ^1 110 6" Steel Encasement, 0.25 Inch 85 LF 33. 19 2l u 0 26 111 8" Steel Encasement, 0.25 Inch 12 LF 1,3Z.00 112 12" Steel Encasement, 0.25 Inch 112 LF - &0 �" 00 113 36" Steel Encasement, 0.50 Inch 391 LF 7-20"00 1 9 2.o• 00 •114 Bentomat Protection 3 EA �; 01100 115 Fiber Optic Conduit Encasement 95 LF ° 0 i • �0 116 Silt Fence 200 LF g0, d 0 FiCDC' G410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 ADDENDUM NO.3 Item No. Description Estimated Quantity Unit Bid Unit Price Bid Price 117 Seeding -Type "B" 1.8 AC 3,5� on J�� 0 118 Rolled Erosion Control Fabric - Type I 610 SY 119 Pump Station Electrical /Instrumentation Connections 1 LS A �o 120 Reset Shelter 1 LS 121 Reconnect Sanitary Sewer 1 EA no 1912-00 122 Construct 6" Cleanout 1 EA 13 00,00 . DO 123 Construct 12" R.C.P., Class III 14 LF 7 5 8 124 Tap Concrete Pipe 1 EA 0� pp 125 Construct 12" PCC Collar 1 EA 3 o 126 Construct 6" PCC Collar 1 EA , 127 Construct 6" Pipe Plug 2 EA Q L . 128 6" x 6" Tee 3 EA % M. . • 129 20" x 6" Tee 1 EA 900a 900-1100 130 H- Piles, HP 12 x 53 at 42 "/22" Pipe Support 110 VF 7.3 131 Relocate Intercom 1 LS , S00 Total of All Unit Price Bid Items Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. Total of Lump Sum and Unit Price Bids = Total Bid Price JA�& ARTICLE 6 —TIME OF COMPLETIONG��/�� 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for .final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days, indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 7 ADDENDUM NO.3 r ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; ARTICLE 8— DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE,9 — BID SUBMITTAL BIDDER: [indicate correct name of bidding entity] Eariksen Construction CDLlac. By: [Signature] [Printed name] Timot v J.. Sha a (if Bidder is a corporation; a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: , [Signature] LIZA [Printed name] Vicki Dunkle Title: Secretary / Treasurer Submittal Date: October 21. 2014 Address forgiving notices: Eriksen Construction Co., Inc. 2546 S. Hay. 30, PO lox 610 Blair, Nebraska 68008 Telephone Number: 402 - 426 -3119' Fax Number: 4 02 - 426 -3150 Contact Name and e-mail address: Tim Sha a tims @eriksenconst.com Bidder's License No.: 21168 (where applicable) EICDC° C -410, Bid Form for Construction Contracts. Copyright © Z013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 ADDENDUM No.3 Certificate of Corporate Resolution I certify that I am the Secretary of Eriksen Construction Co., Inc. and that at a meeting of the Board of Directors of this Corporation duly called and held at its office at Blair, Nebraska on this 21 day of October, 2014, the following resolution was duly adopted and is now in full force and effect: BE IT RESOLVED that Timothy J. Shaw, President, of Eriksen Construction Co., Inc. be authorized to execute on behalf of the Corporation, the following: City of Blair, Nebraska Disaster No. 4013, Flood Mitigation Storm Water Pump Station and Utilities IN WITNESS WBEREOF, I have hereunto affixed my name as the Secretary of the Corporation, and have caused the Corporate Seal of said Corporation to be hereto affixed this 21St day of October, 2014. ar)�Vvv& Vicki D "e, ecretary Eriksen Construction Co., Inc. 2546 South Hwy. 30 PO Box 610 Blair, Nebraska 68008 Phone: 402 -426 -3119 State of Incorporation: Nebraska CORPORATE SEAL ^^ ` � p. Nebr�;kaD Labor Date Issued Date Expires 08/01/2014 08101/2015 Fee Paid: $40.00 Business: Nl"E ry 0 Al BLAIR, NE 68008 kkkkk ` ERIKS -1 OP ID: LO Ac ®R a CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1110412014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marcotte Insurance Agency, Inc 11422 Miracle Hills Drive #100 CONTACT Lori Menichetti PHONE FAX A/c No Ext : 402- 398 -9009 A/c No : 402- 398 -0917 E -MAIL lmenichetti@marcotteins.com ADDRESS: Omaha, NE 68154 -4420 Gregory Paulsen CPCU, ARM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Insurance 24775 A INSURED Eriksen Construction Co, Inc. Attn: Tim Shaw INSURER B X DTC07331 PO90 04/01/2014 2546 S Hwy 30 INSURER C : $ 300,00 INSURER D: CLAIMS -MADE I—XI OCCUR Blair, NE 68008 -0610 INSURER E : INSURER F: MED EXP (Any one person) $ 5,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY IY EXP MM /DDY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1+ 000 + 00 A X COMMERCIAL GENERAL LIABILITY X X DTC07331 PO90 04/01/2014 04101/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 CLAIMS -MADE I—XI OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 $ POLICY X PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 BODILY INJURY (Per person) $ A X ANY AUTO X X DT8107331 P090 04/01/2014 04101/2015 ALL OWNED SCHEDULED UTOS AUTOS X HIRED AUTOS X NON OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 A EXCESS LIAB CLAIMS -MADE X X DTSMCUP7331PO90 0410112014 04/01/2015 DED X RETENT $ 1 0,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A X DTNUB7331 PO90 04101/2014 04/01/2015 X I WC STATU- OTH- T ORY LIMITS ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,00 If yes, describe under DESCRIPTION OF OPERATIONS below A Builders Risk QT6602882C871 04/0112014 04/01/2015 Projects 6,000,00 Deduct 1,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Blair & HDR Engineering Inc are named as an additional insured on a primary basis with respect to General; Auto & Umbrella liability for work performed under contract by the named insured on the following project: City of Blair NE - Storm Water Pump Station and Utilities. A waiver of subrogation applies in favor of the additional insured's. CERTIFICATE HQLUEK GANGtLLAIIUN BLAIR01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Blair ACCORDANCE WITH THE POLICY PROVISIONS. c/o HDR Engineering Inc. 8404 Indian Hills Dr AUTHORIZED REPRESENTATIVE Omaha, NE 68114 -4098 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Certificate of Corporate Resolution I certify that I am an Assistant Secretary of Eriksen Construction Co., Inc. and that at a meeting of the Board of Directors of this Corporation duly called and held at its office at Blair, Nebraska on this 11 day of November, 2014, the following resolution was duly adopted and is now in full force and effect: BE IT RESOLVED that Timothy J. Shaw, President of Eriksen Construction Co., Inc. be authorized to execute on behalf of the Corporation, the following: Disaster No. 4013, Flood Mitigation Storm Water Pump Station and Utilities City of Blair, Nebraska IN WITNESS WI1EREOF, I have hereunto affixed my name as an Assistant Secretary of the Corporation, and have caused the Corporate Seal of said Corporation to be hereto affixed this 11 day of November, 2014. Je Pederson, Administrative Assistant Eriksen Construction Company, Inc. 2546 South Hwy. 30 PO Box 610 Blair, Nebraska 68008 Phone: 402 -426 -3119 State of Incorporation: Nebraska CORPORATE SEAL E J C D C 5 i5 -7-� E""':'iEERS JO" NIT C T CT :GC�-ME \'s COMMITTEE CONTRACTOR (name and address): Eriksen Construction Co., Inc. 2546 S. Hwy. 30, PO Box 610 Blair, NE.68008 OWNER ("home and address): City of Blair 218 South 16" Street Blair, NE 68008 CONSTRUCTION CONTRACT SURETY (name and address of principal place of business) :. Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Effective Date of the Agreement: Amount: $3,155,408.61 Description (name and location): Storm Water Pump Station and Utilities BOND Bond Number: 106186164 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): November 4, 2014 Amount: $3,155,408.61 Modificationsto this Bond Form: Q None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby subject to the.terms set.forth below, do each cause this Performance Bond to be duly executed by an- authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Eriksen Construction Co., Inc. (seal) Contractor's Name and. Corporate Seal By: Signatur Print Name Title h16tGst: .. . � Sig a re Title SURETY Travelers Casualty and Surety Company of America , :.... ..... (sea.) Surety's Name and Corporate Seal W t Rv; i i �/ S'gnat (attach power o att n J V Jacqueline L. Drey ...............::....... —. Print Name Attorney -in -Fact Title Attest:' Signature Witness MM Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable, 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. 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 Paragraph 3. 3; If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise. after: 3.1 The Owner first provldes 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 Ownee--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 Paragraph 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; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;. and 3.3 The Owner has agreed to pay the Balance of the Contract Price in: accordance with the terms of the Construction Contractto 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 Paragraph. 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 Paragraph 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 Co:ntract;. 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 Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor-, and with reasonable promptness underthe circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 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 Paragraph 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 Paragraph 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. 7. If the Surety elects to act under Paragraph 5,1, 5.2, or 5.3, then the responsibilities of the Surety to -the. Owner shall not be greater than those of the of under. the Construction Contract, fnd 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: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the: Construction Contract; 7.2 additional legal; design professional, and delay costs resulting from th.e Contractor's Default, and resulting.from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performa.nce-of the Contractor. B. If the Surety elects to act under. Paragraph 5.1, 5:3; or 5.4, the Surety's liability is limited to the amount of this Bond. 5.2 Undertake to perform and complete the Construction. Contract itself, through its agents or independent.contractors; 9. The Surety shall, not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 5.3 Obtain bids or negotiated proposals from qualified Contract, and the Balance of the Contract Price shalt not be reduced contractors acceptable to. the Owner for a .contract for or set. off on account of .any such unrelated obligations. No right of performance and completion of the Construction Contract; action shall accrue on this Bond to any person or entity other than arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators,, successors, and Owner and a contractor selected with the. Owners concurrence, assigns. EJCDC* 6616 Performance BtinA Copyright © 2013 National Society Professional Engineers, American Council of Engineering Companies; and, American Society of Civil Engineers.:, Ali rights reserved. 2 of 3. 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 periods of limitations_ available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted 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 for the Co n for 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 Ownerand 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. 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 areas follows;, EJCDC' C -610, Performance Bond Copyright ©2013 National society of professional Engineers, american.Council of Engineering Companies, and American Society of Gvil t:ngineers. All rights reserved. , 3 0 3 .EJCD C . ENGINEERS JOINT CONTRACT DOCdMENTS COMMITTEE CONTRACTOR (name and address): Eriksen Construction Co., Inc. 2546 S..-Hwy 30, PO Box 610 Blair, NE 68008 OWNER (name and address): City of Blair 218 South 16 Street Blair, NE 68008 CONSTRUCTION CONTRACT SURETY (name and address of principal place of business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Effective Date of the Agreement: Amount: $3,155;408;61 Description (name an location): Storm Water Pump Station and Utilities BOND. Bond Number: 106186164 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): November 4, 2014 Amount: $3,155,408.61 Modifications to this Bond Form;;, ( None F See. Paragraph 18 Surety and. Contractor., intending to be legally bound: hereby, subject to the terms set forth below,. do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS: PRINCIPAL Eriksen Construction Co., Inc. (seal) Contractor's Name and Corpo' I By: Signature 'wno J S�J Print Name Title Attest azure Title PAYMENT BOND No. 106186164 SURETY Travelers Casualty and Surety Company of America (seal) Surety's Name and Corporate Seal By S411ature ttach power of attorney Jacqueline L. Drey Print Name Attorney -in -Fact Title Signature F Witness Title Notes: (1) Provide supplemental executi ®n by any additions! parties, such as joint venturers. (2)A n singular reference , to Contractor, Surety, Owner, or other party shall be considered. plural where applicable. 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 tot he following terms. 6. If a notice of non - payment: required by Paragraph 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 Paragraph 5.1.1. T. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 2. if the Contractor promptly makes payment of all-sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant, with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty. (60) days after receipt of the by any person or entity seeking payment for labor, Claim, stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract, then the Surety disputed; and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3; If there is no Owner Default under the Construction Contract, the Surety's obiigation.to the Owner- under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Para_ graph 13)_ of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity. seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens, or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant: defend, indemnify; and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount .of reasonable attorney's 5: The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3, and the amount of this shall arise after the following: Bond shall be credited for any payments made iii good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, P. Amounts owed, by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non= of the Construction Contract and to satisfy claims, if any, payment to the Contractor stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or :performed, within this Bond, subject.to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim; and others for obligations of the Contractor. that are unrelated to the Construction Contract. The Owner, shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs qr' expenses of any address described in Paragraph 13). Claimant under this Bond, a.nd shall have under this Bond .no: obligation to make payments to or give notice on 5.2 Claimants who are employed by or have. a direct behalf of Claimants, or-otherwise have any.obiigations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13): 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract otto related subcontracts, purchase orders, and other obligations. FJCDC® C615; Payment Bond Copyright Q 2013 National Society of Professional Engineers, American Council of Etigineericig CoMpahlet, and American.Society,of,Civ_.il Epgineers,,,All, right5,_reserygd., 2 3, 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year.from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) .on which the last labor or service was performed by subcontractor of the Contractor to furnish. labor, anyone .orthe last materials or equipment were furnished materials; orequipmentforuse in the performance by anyone under the Construction Contract whichever of of the Construction Contract: The. term Claimant (1) or (2) first occurs. if the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is. located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the: water, gas, power, shown on the page on which their signature appears. light heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of -the date received. Contract, architectural and engineering services required. for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all:other iterns for which a. mechanic's lien may .the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not.as a common law bond: changes made to the agreement and the Contract Documents. 15. Upon requests 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 16.4 Owner Default: Failure of the Owner,. which has not been remedied .or waived; to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16,1 Claim: A written statement by the Claimant including at a minimum: I. The name .of the Claimant; 1 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 offhe..Claim; 7. The total amount of previous payments received by the Claimant; and 16.5 Contract Documents: All the documents that cornprlse the agreement between the Owner and Contractor: 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDt C -61s,. Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering `Companies, and:American Society of Civil Engineers: A.It rights;reserved:. 3 of 3 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I POWER OF ATTORNEY RS " Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No 226055 Certificate No 005975364 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Sharon K. Murray, David A. Dominiani, Maura P. Kelly, Joan Leu, Ronald R. Allison, Jacqueline L. Drey, and Kevin J. Stenger of the City of Omaha , State of Nebraska ,their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,.business of. guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perr "tted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instr nient,to be signed and their'coiporate seals to be hereto affixed, this 8th Jul 2014 day of y Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty' Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GASU&� ��F1RE &Uooiro \1•N••14S �.•�. . . ....... . . . . NSq ".,. Y AhrO gnwM TY q J4 : ��, Za <CORPORA)E;s i Q• • P0R n• ' OP 9 i 1982 O 1 977 c OAPORATED m5 " ,« ; m m r o oR - AT f : i m ' w e .3 - �NCOli i4TFD f t , o: x HARTFORD, c WIf O r 18 �nf { :Oi A � � � � CONN. n CONN. y 96 � •� � " of O � �d........ ... ya / n umummua� 4.S` AN � *� 1 s 1 •� � A� nnnn� State of Connecticut City of Hartford ss. By: "A� Robert L. Raney, enior Vice President On this the 8th day of July 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T In Witness Whereof, I hereunto set my hand and official seal. V? V� W"t 0, - My Commission expires the 30th day of June, 2016. p(/g��G Marie C. Tetreault, Notary Public 58440 - 8 - 12 Printed in U.S.A. F ATTORNEY IS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies; which is in full force and'effect and has not been revoked. JI IN TESTIMONY WHEREOF, I have hereunto set my hand and _affixed the seais of said,Cornpanies this 4th day of November 14 r. t - `' Kevin E. Hughes, Assistant Sec tary GABU,�� FIRE � *� f N `rU ••, t N3f/q"�'ky P �tY Atio uaur TY O��Rf ��• V + °oA° ' G Y �Y 40.••''•....,,. }, JR ...........,4y ° s g SG y ,�l!? a C 4�p CORP0R jTF'�185 Q ' APOR n s_ oP 9 V X 1 9 $ Z� O 977 a9PORATEO m f .. m e GO .. AlF t> a HARTFORD. m� `� FIARTFtiRp, f ,c 16 0P41ED * za s J : m CONN, a �, N 96 —r bb's Goe y�b•SEAL�o� i ? aSEJLL:D ; y � V * f� ��al �� ry�'gnnnlnnnaw h S 111 ; A JS'.. * ...1+� bl Y tiP To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER