2015 Deerfield Trail Cauble Creek Sanitary Sewer Replacement• 1 1 1 1 !M
Dated 311 (, h _�- _
TO: Neuvirth Construction Inc.
(CONTRACTOR)
ADDRESS: 7386 County Road P35
Blair NE 68008
Project: 2015 Deerfield Trail — Cauble Creek Sanitary Sewer Replacement Blair, Nebraska
You are notified that the Contract Times under the above contract will commence to run on or
after June 1, 2015 By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement, the Work will be substantially
completed by August 1, 2015, and finally completed and ready for final payment 30 days from
the Substantial Completion.
Before you may start any Work at the Site, you must
(add other requirements)
City of Blair
(OWNER)
RE)
James Realph Mayor
(TITLE)
Acknowledgement of Receipt
Neuvirth Construction, Inc.
C3
Date
Name Title
005500-1
Issuance 2/1/05
Revised 4/10
• 11 Ili
• • ` •
Issuance 2/1/05
Revised 4/10
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is by and between City of Blair, Nebraska (hereinafter called OWNER) and
Neuvirth Construction. Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Removal and replacement of approximately 141 linear feet of 10" PVC (SDR 35) sanitary
sewer main connecting to two existing manholes. Also to include the removal and
reinstallation of a retaining wall, trail, and storm sewer infrastructure.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
2015 Deerfield Trail - Cauble Creek Sanitary Sewer Replacement
Blair, Nebraska
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by JEO Consulting Group, Inc. who is hereinafter called
ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with 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, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Completion and Final Payment
A. Bidder agrees that the start date for the Work will be on or after June 1, 2015 and
that the Work will be substantially completed by August 1, 2015, and finally
005000-1
Issuance 2/1/05
Revised 4/10
completed and ready for final payment in accordance with paragraph 14.07.13 of
the General conditions 30 days from the Substantial Completion.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. 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),
CONTRACTOR shall pay OWNER $1,500.00 for each calendar day that expires
after the time specified in paragraph 4.02 for completion and readiness for final
payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 5.01.A below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an
exhibit.
TOTAL OF ALL UNIT PRICES: Seventy -Six Thousand Seven Hundred Sixty -Four Dollars
and Fifty Cents ($76,764.50).
(use words)
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not
guaranteed, and determinations of actual quantities and classifications are to be made by
ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 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 process progress payments on account of the Contract Price on the
basis.of CONTRACTOR's Applications for Payment on or about the last working
day of each month during performance of the Work as provided in paragraphs
6.02.A.1 below. All such payments will be measured by the schedule of values
established in paragraph 2.07.A of the General Conditions (and in the case of Unit
005000-2
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Revised 4/10
Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements:
1. Prior to Completion and readiness for final payment, 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 ENGINEER may determine or OWNER may withhold, in
accordance with paragraph 14.02 of the General Conditions:
a. 90% of Work completed and 90% of cost of materials and
equipment not incorporated in the Work (with the balance 10%
being retainage). If the Work has been 50% completed as
determined by ENGINEER, and if the character and progress of the
Work have been satisfactory to OWNER and ENGINEER,
OWNER, on recommendation of ENGINEER, may determine that
as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on
account of Work subsequently completed, in which case the
remaining progress payments prior to completion and readiness for
final payment will be in an amount equal to 100% of the Work
completed less the aggregate of payments previously made.
6:03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and
the other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of the
Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations -and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified
in the Supplementary Conditions as provided in paragraph 4.02 of the General
Conditions and (2) reports and drawings of a Hazardous Environmental Condition,
005000-3
Issuance 2/1/05
Revised 4/10
if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied, or assumes responsibility for
having done so, all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed
by CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions
and programs incident thereto
F. CONTRACTOR does not consider that any 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 Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the
Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract Documents.
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.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
This Agreement;
2. Performance Bond;
3. Payment Bond;
4. Other Bonds /Insurance Certificates;
005000-4
Issuance 2/1/05
Revised 4/10
5. General Conditions;
6. Supplementary Conditions;
7. Specifications as listed in the table of contents of the Project Manual;
8. Drawings consisting of a cover sheet and sheets numbered C0.0 through
D1.3 inclusive, with each sheet bearing the following general title: 2015
Deerfield Trail — Cauble Creek Sanitary Sewer Replacement, Blair,
Nebraska;
9. Addenda (numbers 1 to 1, inclusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed;
b. CONTRACTOR's Bid;
i
c. Documentation submitted by CONTRACTOR prior to Notice of Award;
11. The following which may be delivered or issued on or after the Effective
Date of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
C. Change Order(s).
B. The documents listed in paragraph 8.01.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 8.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in paragraph 3.04 of the General Conditions.
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
9.02 Assignment of Contract
A. 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
005000-5
Issuance 2/1/05
Revised 4/10
to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
9.04 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.
9.05 Other Provisions
A. If OWNER is a public entity in the State of Nebraska, then CONTRACTOR shall
register with and use the E- Verify Program, or an equivalent federal program
designated by the United States Department of Homeland Security or other
federal agency authorized to verify the work eligibility status of a newly hired
employee pursuant to the Immigration Reform and Control Act of 1986, to
determine the work eligibility status of new employees physically performing
services within the State of Nebraska. CONTRACTOR shall require the same of
each subcontractor.
005000-6
Issuance 2/1/05
Revised 4/10
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on January 27 , 2015 (which is the Effective Date of the
Agreement).
OWNER: City of Blair CONTRACTOR: Neuvirth Construction, Inc.
By: JarieORealph, Mayor __1 By: Frank Neuvirth, President
Attest —�� � 2�
Address for giving notices:
218 So. 16t Street
Blair, NE 68008 -1674
Attest
Address for giving notices:
7386 County Road P35
Blair, NE 68008
Designated Representative:
Name: Allen Schoemaker
Title: Director of Public Works
Address: 218 So. 16th Street
Blair NE 68008 -1674
Phone: 402.426.4191
Facsimile: 402.426.4195
E- Mail: ARS @ci.blair.ne.us
005000
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name: Kra
Title:
Address: 7386 County Road P35
Blair. NE 68008
Phone: 402.455.2255
Facsimile: 402.455.2266
E -Mail: penny @neuvirth.com
Issuance 211/05
Revised 4/10
Bond No. 2146320
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name, and Address of Principal Place of
Business):
Neuvirth Construction, Inc.
Old Republic Surety Company
7386 County Road P35
PO Box 1635
Blair, NE 68008
Milwaukee, WI 53201 - 1635
OWNER (Name and Address):
City of Blair
218 So. 16th Street
Blair, NE 68008 -1674
CONTRACT
Effective Date of Agreement: January 27, 2015
Amount: Seventy -Six Thousand Seven Hundred Sixty -Four Dollars and Fifty Cents ($76,764.50).
2015 Deerfield Trail -- Cauble Creek Sanitary Sewer
Description (Name and Location):
Replacement
Blair, Nebraska
BOND
Bond Number 2146320
Date (Not earlier than Effective Date of Agreement) February 24 2015
Amount Seventy - Six Thousand Seven Hundred Sixty - Four Dollars and Fifty Cents ($76,764.50)
Modifications to this Bond Form None
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
Neu C o nstr uct io n, Inc. (Seal)
Contractor's Name and Corporate Seal
By:
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1 ( PU�!IC"tY�
Print Name
nA_
Title
Atte
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to
SURETY
Ol d Rep Surety Company y (Seal)
Surety's N m nd Corporate Sea
By:
Signatur ( c ower of Attorney)
Joan Leu
Print Name
Attorney -in -Fact
Title Q
Attest: ! —
Xagn ure
Attester
Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
00 6113.13 -1
f. The CONTRACTOR and the Surety, jointly and severally, bind
themselves, their heirs, executors; administrators, successors and assigns to
the Owner for the performance of the Contract, which Is Incorporated herein by
reference.
2. If the CONTRACTOR performs the Contract, the Surety and the
CONTRACTOR have no obligation under this Bond, except to participate in
conferences as provided in paragraph 3.1.
3. If there is no OWNER Default, the Suretys obligation under this Bond
shall arise after:
3.1 The OWNER has notified the CONTRACTOR and the Surety at the
addresses described In paragraph 10 below, that the OWNER is
considering declaring a CONTRACTOR Default and has requested
and attempted to arrange a conference with the CONTRACTOR
and the Surety to be held not later than fifteen days after receipt of
such notice to discuss methods of performing the Contract. If the
OWNER, the CONTRACTOR and the Surety agree, the
CONTRACTOR shall be allowed a reasonable time to perform the
Contract, but such an agreement shall not waive the OWNER's
right, if any, subsequently to declare a CONTRACTOR Default; and
3.2 The OWNER has declared a CONTRACTOR Default and formally
terminated the CONTRACTOR's right to complete the Contract.
Such CONTRACTOR Default shall not be declared earlier than
twenty days after the CONTRACTOR and the Surety have received
notice as provided In paragraph 3.1; and
3.3 The OWNER has agreed to pay the Balance of the Contract Price
to:
3.3.1 The Surety in accordance with the terms of the Contract;
3.3.2 Another contractor selected pursuant to paragraph 4.3 to
perform the Contract.
4. When the OWNER has satisfied the conditions of paragraph 3, the Surety
shall promptly and at the Suretys expense take one of the following actions:
4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to
perform and complete the Contract; or
4.2 Undertake to perform and complete the Contract Itself, through Its
agents or through Independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the OWNER for a contract for performance and
completion of the Contract, arrange for a contract to be prepared for
execution by the OWNER and the contractor selected with the
OWNER's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the
Bonds Issued on the Contract, and pay to the OWNER the amount
of damages as described in paragraph 6 in excess of the Balance
of the Contract Price Incurred by the OWNER resulting from the
CONTRACTOR Default; or
4.4 Waive Its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances;
4.4.1 After Investigation, determine the amount for which it may be
liable to the OWNER and, as soon as practicable after the
amount is determined, tender payment therefor to the
OWNER; or
4.4.2 Deny liability in whole or in part and notify the OWNER citing
reasons therefor.
6. If the Surety does not proceed as provided In paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the OWNER
to the Surety demanding that the Surety perform Its obligations under this
Bond, and the OWNER shall be entitled to enforce any remedy available to the
OWNER. if the Surety proceeds as provided in paragraph 4.4, and the
OWNER refuses the payment tendered or the Surety has denied liability, In
whole or in part, without further notice the OWNER shall be entitled to enforce
any remedy available to the OWNER.
6. After the OWNER has terminated the CONTRACTOR's right to complete
the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3
above, then the responsibilities of the Surety to the OWNER shall not be
greater than those of the CONTRACTOR under the Contract, and the
responsibilities of the OWNER to the Surety shall not be greater than those of
the OWNER under the Contract. To a limit of the amount of this Bond, but
subject to commitment by the OWNER of the Balance of the Contract Price to
mitigation of costs and damages on the Contract, the Surety Is obligated
without duplication for.
6.1 The responsibilities of the CONTRACTOR for correction of
defective Work and completion of the Contract;
6.2 Additional legal, design professional and delay costs resulting from
the CONTRACTOR's Default, and resulting from the actions or
failure to act of the Surety under paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Contract, actual damages caused by delayed performance or
non - performance of the CONTRACTOR:
7. The Surety shall not be liable to the OWNER or others for obligations of
the CONTRACTOR that are unrelated to the Contract, and the Balance of the
Contract Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity
other than the OWNER or Its heirs, executors, administrators, or successors.
8. The Surety hereby waives notice of any change, Including changes of
time, to the Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be Instituted In
any court of competent jurisdiction in the location in which the Work or part of
the Work Is located and shalt be Instituted within two years after
CONTRACTOR Default or within two years after the CONTRACTOR ceased
working or within two years after the Surety refuses or falls to perform Its
obligations under this Bond, whichever occurs first. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed
or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other
legal requirement In the location where the Contract was to be performed, any
provision in this Bond conflicting with said statutory or legal requirement shall
be deemed deleted here from and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. The Intent Is that
this Bond shall be construed as a statutory bond and not as a common law
bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the
OWNER to the CONTRACTOR under the Contract after all proper
adjustments have been made, Including allowance to the
CONTRACTOR of any amounts received or to be received by the
OWNER in settlement of Insurance or other Claims for damages to
which the CONTRACTOR Is entitled, reduced by all valid and
proper payments made to or on behalf of the CONTRACTOR under
the Contract,
12.2 Contract: The agreement between the OWNER and the
CONTRACTOR Identified on the signature page, including all
Contract Documents and changes thereto.
12.3 CONTRACTOR Default: Failure of the CONTRACTOR, which has
neither been remedled nor waived, to perform or otherwise to
comply with the terms of the Contract.
12,4 OWNER Default: Failure of the OWNER, which has neither been
remedied norwaived, to pay the CONTRACTOR as required by the
Contract or to perform and complete or comply with the other terms
thereof.
FOR INFORMATION ONLY — (Name, Address, and Telephone)
Surety Agency or Broker:The Harry A. Koch Co., 14010 FNB Pkwy. Ste. 300, Omaha, NE 68154, 402 -861 -7000
Owner's Representative (Engineer or othej):
00 6113.13 - 2
Bond No. 2146320
Any singular reference to CONTRACTOR, Surety, OWNER, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of
Business):
Neuvirth Construction, Inc. Old Republic Surety Company
7386 County Road P35 PO Box 1635
Blair, NE 68008 Milwaukee, WI 53201 - 1635
OWNER (Name and Address):
City of Blair
218 So. 16th Street
Blair, NE 68008 -1674
CONTRACT
Effective Date of Agreement: January 27, 2015
Amount: Seventy -Six Thousand Seven hundred Sixty -Four Dollars and Fifty Cents ($76,764.50)
2015 Deerfield Trail — Cauble Creek Sanitary Sewer
Description (Name and Location): Replacement
Blair, Nebraska
BOND
Bond Number 2145320
Date (Not earlier than Effective Date of Agreement) February 24 2015
Amount Seventy - Six Thousand Seven Hundred Sixty - Four Dollars and Fifty Cents ($76,764.50)
Modifications to this Bond Form None
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 SURETY
Neuvirth Construction, Inc. (Seal)
CONTRACT R's Name and Corporat Seal
By: By
Si nature
Il
T' VI I�
Print Name
Title
Old Republic Surety Company (Seal)
Surety's am and Corporate S
Signatu ttac Power Attorney)
Attest: Attest:
Signature
Title
Joan Leu
Print Name
Attorney - in - Fact
Title
a f�
Signature
Atte ster
Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
00 6113.16 -1
1. CONTRACTOR and Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors, and assigns to OWNER
to pay for labor, materials, and equipment furnished by Claimants for use in
the performance of the Contract, which Is Incorporated herein by reference.
2. With respect to OWNER, this obligation shall be null and void If
CONTRACTOR:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2,2 Defends, Indemnifles, and holds harmless OWNER from all
claims, demands, liens, or suits alleging non - payment by
CONTRACTOR by any person or entity who furnished labor,
materials, or equipment for use in the performance of the
Contract, provided OWNER has promptly notified
CONTRACTOR and Surety (at the addresses described in
Paragraph 12) of any claims, demands, liens, or suits and
tendered defense of such claims, demands, liens, or suits to
CONTRACTOR and Surety, and provided there Is no OWNER
Default.
3. With respect, to Claimants, this obligation shall be null and void If
CONTRACTOR promptly makes payment, directly or indirectly, for all sums
due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with
CONTRACTOR have given notice to Surety (at the address
described In Paragraph 12) and sent a copy, or notice thereof,
to OWNER, stating that a claim is being made under this Bond
and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
CONTRACTOR:
4.2.1 Have furnished written notice to CONTRACTOR and sent
a copy, or notice thereof, to OWNER, within 90 days after
having last performed labor or last furnished materials or
equipment included In the claim stating, with substantial
accuracy, the amount of the claim and the name of the
party to whom the materials or equipment were furnished
or supplied, or for whom the labor was done or
performed; and
4.2.2 Have either received a rejection In whole or in part from
CONTRACTOR, or not received within 30 days of
furnishing the above notice any communication from
CONTRACTOR by which CONTRACTOR had indicated
the claim will be paid directly or Indirectly; and
4.2.3 Not having been paid within the above 30 days, have sent
a written notice to Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to
OWNER, stating that a claim Is being made under this
Bond and enclosing a copy of the previous written notice
furnished to CONTRACTOR.
5. If a notice by a Claimant required by Paragraph 4 is provided by
OWNER to CONTRACTOR or to Surety, that Is sufficient compliance.
6. Reserved.
7. Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made In
good faith by Surety.
8. Amounts owed by OWNER to CONTRACTOR under the Contract
shall be used for the performance of the Contract and to satisfy claims, if
any, under any performance bond. By CONTRACTOR fumishing and
15.1 Claimant: An individual or entity having a direct contract with
CONTRACTOR, or with a first -tier sub CONTRACTOR of
CONTRACTOR, to furnish labor, materials, or equipment for
use in the performance of the Contract. The Intent of this Bond
shall be to Include without limitation In the terms "labor,
materials or equipment' that part of water, gas, power, light,
heat, oil, gasoline, telephone service, or rental equipment used
In the Contract, architectural and engineering services required
for performance of the Work of CONTRACTOR and
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.
15.2 Contract: The agreement between OWNER and
CONTRACTOR Identified on the signature page, Including all
Contract Documents and changes thereto.
15.3 OWNER Default: Failure of OWNER, which has neither been
remedied nor waived, to pay CONTRACTOR as required by the
Contract, or to perform and complete or otherwise comply with
the other terms thereof.
FOR INFORMATION ONLY — (Name, Address, and Telephone)
Surety Agency or Broker: The Harry A. Koch Co., 14010 FNB Pkwy. Ste. 300, Omaha, NE 68154, 402 =861 -7000
OWNER's Representative En sneer or — the 6:
OWNER accepting this Bond, they agree that all funds earned by
CONTRACTOR in the performance of the Contract are dedicated to satisfy
obligations of CONTRACTOR and Surety under this Bond, subject to
OWNER's priority to use the funds for the completion of the Work.
9. Surety shall not be liable to OWNER, Claimants, or others for
obligations of CONTRACTOR that are unrelated to the Contract. OWNER
shall not be liable for payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligations to make
payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10: Surety hereby waives notice of any change, Including changes of
time, to the Contract or to related subcontracts, purchase orders, and other
obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than In a court of competent jurisdiction in the location In which the
Work or part of the Work Is located or after the expiration of one year from
the date (1) on which the Claimant gave the notice required by Paragraph
4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was
performed by anyone or the last materials or equipment were furnished by
anyone under the Contract, whichever of (1) or (2) first occurs. If the
provisions of this paragraph are void or prohibited by law, the minimum
period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
12. Notice to Surety, OWNER, or CONTRACTOR shall be mailed or
delivered to the addresses shown on the signature page. Actual receipt of
notice by Surety, OWNER, or CONTRACTOR, however accomplished,
shall be sufficient compliance as of the date received at the address shown
on the signature page.
13. When this Bond has been furnished to comply with a statutory
requirement in the location where the Contract was to be performed, any
provision In this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory
requirement shall be deemed Incorporated herein. The intent Is that this
Bond shall be construed as a statutory Bond and not as a common law
bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, CONTRACTOR shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
15. Definitions
00 6113.16 -2
NO
LJG URETY COMA
UBb
POWER OF ATTORN
KNO;P
�&WEN BY THESE PRESP hat OLD REPUBLIC
NM COMPANY, a Wiscor�iq�t�-k insurance corporation ake, constitute and
ff
J
appoint: 6 —
DAVID A. DONAI, MALIRA P. KELLY, JWLQ, SHARON K. MURRAY tA N D
_R ALLISON, JACQUQ 4g REY, KEVIN J STENGW0P0__MAHA,
NE
M—N
g�g
xtswue and lawful Attor & Affla
iie)Gct, with full power anAffitfiAy, not exceeding $50,00_Wbr and on behalf of the as surety, to execute afft1W
end affix the seal of the conipany=thereto (if a seal is require Wonds, undertakings, recopild or other written obligatGn nature thereof, (other it
bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation-bonds guaranteeing payment oflienefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediationbonds or black lung
bonds), as ROWS:
ALLI�Mff_EN INSTRUMENTS INNIONOUNT NOT TO EXC� AGGREGATE OF
FOUR MIL IMM
MOLLARS($4,000,000)- ------------- FOR ANY _5M
LE
OBLIGATfG_N= :JaDLESSOFTHEftd-W
ROF INSTRUMENTS T-S&
MD-FOR THE OBLIGATION-
HWF jg
&411s, are ratified and 66
a W21L
to bind OLD REPIMUlfi"6611 of the acts of saiQ-Atfo" -Fact, pursuant to" pkse-
document is not rld- s fintedon colored backgMETY COMPANY t ru - 4 Ad is multi-colored. Thim) Ament is made under thority of the board of dWorsg
v - ttbmey, i signed and sea — & Rity o f the following resdT_
14 � , gn simile under and by thNiNor
special meeting held oiM_lrrnua y 18,1982. This Pow -:01
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESO D that, the president, any v—id9bresident, or assistant vice prUffient, in conjunction with the JAMrotary or any assistant secrqW_ may appoint
t or agents �nts with autho - ffi�ifined or limited in the i�t evidencing the appoig� each case, for and on "e _IfJW-- the company to
&ysn - c
- deliver and affix the seal%fffe�S%g ny to bonds execute Hii ids underta 05grrizances, and sure of all kinds; ad[Wiaidr may remove
any such atbarneyAJA-fact or agent and revokWny- d of Attorney previ( ffil—sr ted to such person g� 3P
A_�
O
RESOLVEDTMTH M, that any bond, und&W ccognizance, or sure TO ion shall be valid ME&
t�sW61i _ffi�&Upon the Company
(i) when signed- "ident, any vice vice " sealed (if a seahb_ � (ire secretary or tifir
presk Men- r_-W & R ) by any secre ta
-:�— �stant president,
secretary; or
(ii) when signed by M M*rWfflent, any vice presidentV"m vice president, secA-y-dHassistant secretary, and N&VuSeCsigned and sealed (ifa sdRn
required) by a duty authorized attorney-in-fact or agent; or'
(iii) whemduly executed and sealed (if a -seal be required) by one or more or agents pursuant to and within the limits ofJhe authority
evideTced by the Power of Attomeo ed
by the company to sue l �rson or pers ons.
RES&MEW—WNHER, that the siAwNigmauthorized officerVOre.,sp-4of the company mayM
xpd�_ w of-;Attorney or
by facsimile to anyOT
certificatioiLtRgi�bauthorizing the executioaa-Welivery of any bond, unaft recognizance, or othqJ5 e hip obligations of the c and such
g 2
signature a460 e&-So used shall have one force and effect as thow yqft
y. affixed.
BEEF
FF U its corpo
IN WITNESS WIN& D REP SUINN"PANY has caused fHz to be signed by itgVi��er, and ratWeah�tc_-Eb�
..ax ed this 22ND Njpffllay of SEPTEMBERILO&
OLD REPUBLIC SURETY COMPANY
SUR
;h$EAL
— . �
P
STATE F COUNTY OF A-SS resident
On this 22N SEPTEl
ay of personally camAe or ie Al 41i�an
_ 6W__ , ,-.
Phyllis M Jo to me kn6wNuMbe individuals and offid WfAe OLD REPUBLIC §11 OMPANY who exe6utLft6a ove
nstrument, and they each ac edged the execution of MK and being by me duly swdffi;did severally depose and sky��hat they are the said officei§U"t e
corporation aforesaid, and that the seal af t I o the above instrument is the seat of the corporation, and that said corporate seal and their signatures as such officers
were duly aft ad and subscribed to the said ifAtument by the authority of tbAbard of directors of said cora&tion.
YL
Notary Publ
MyBo 9/28
—6 __-AM
�does not invalidate Msj�&str
kation of notary coffirmesto
CERTI FICATE
I, the undersigned, asses MMONcretary of the OLD REkffid U COMPANY, a-lri onsin corporation, CERTWY�Iat the foregoing and attaISMiower
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
Signed and sealed atAX fBrookfield,WI thisl qq
40 -265W= day of
JTV I—A
EAL
THE HARRY A. K06W
CORO® DATE (MMIDD/YYYY)
A
CERTIFICATE F LIABILITY INSURANCE 2/23/2015
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).
C AME.
PRODUCER Ag ency Acct — UGL
NAME: g y
UNICO Group PHONE (402) 434 -7200 (A/C No: (402)434 -7272
4435 0 Street AD D RESS:
Lincoln NE 68510
INSURED
Neuvirth Construction
7386 County Road P35 INSURERE:
Omaha NE 68008 INSURERF:
r..nVFRAGES CERTIFICATE NUMBER:2014 -15 GL,AU,UMB WC REVISION NUMBER:
THIS
IS TO CERTIFY THAT THE POLICIES OF INSURANCE
LISTED BELOW HAVE BEEN ISSUED TO I tit INSUtttU
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT
NwlvltU HDuvr rvr% i i
WITH RESPECT TO WHICH THIS
INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS,
CERTIFICATE
EXCLUSIONS
MAY BE ISSUED OR MAY PERTAIN,
AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
ADDL SUBR
TYPEOFINSURANCE
POLICY EFF POLICY EXP
POLICYNUMBER MMIDDIYYYY MMIDD/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
DAMAGE — TO RENTED
PREMISES Ea occurrence
$ 100,000
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$ 5,000
A
CLAIMS -MADE ❑X OCCUR
CLP 3 606 484 7/1/2014 7/1/2015
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS -COMPIOPAGG
'$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
$
POLICY X PRO
LO
Eeaoclde D t SINGLELIMIT
$ 1,000,000
AUTOMOBILE LIABILITY
BODILY INJURY (Per person)
$
X
BODILY INJURY (Per accident)
$
A
ANY AUTO
ALL OWNED SCHEDULED
P 3 606 485 7/1/2014 7/1/2015
AUTOS AUTOS
NON -OWNED
PROPERTY DAMAGE
Per accident
$
HIRED AUTOS AUTOS
$
X
UMBRELLA LIAB
UMBRELLA
OCCUR
OCCUR
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
A
EXCESS LIAB
rd
CLAIMS -MADE
UP 2 806 381
7/1/2014
7/1/2015
$
DED I X I RETENTION$ 10,OOC
A
WORKERS COMPENSATION
X WC STATU- OTH-
E.LEACHACCIDENT
$ 500 000
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNEPJEXECUTIVE
E.L. DISEASE -FA EMPLOYEE
$ 500
OFFICERIMEMBEREXCLUDED?
NIA
C 3 606 483
7/1/2014
7/1/2015
(Mandatory in NH)
E.L.DISFASE- POLICY LIMIT
$ 500,000
U es,descdbeunder
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Trail Cauble Creek Sanita Sewer Replacement. The General Liability P olic y
Project: 2015 Deerfield
includes a blanket automatic additional insured endorsement that provides additional insured status on a
and non - contributing basis including completed operations only when there is a written contract
primary
between the named insured and the certificate holder /entity (ies) that requires such status. The General
Liability & Workers Compensation policies include waiver of subrogation endorsements as required by
written contract with the named insured prior to a loss. The Umbrella policy is following form. Blanket
endorsements provide additional insured status for the City of Blair and JEO when required by the
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Blair
Attn: Brenda Wheeler
218 S 16th St
Blair, NE 68008
AUTHORIZED REPRESENTATIVE
Cockle /MKENT
n ��nnnonTrr%kl All rinh4c rnenrvAril_
ACORD 25 (2010/05) .....
INCrt9r, mninnm ni TI... A!`ADr1 ......+n ....A I..,........n rn..:..l....nd ..,....L.. s.F A!`ADI'1