2015 State St. Storm Sewer, 12th to 14thDated `3 )(
TO: Thompson Construction Inc
(CONTRACTOR)
ADDRESS: 315 W. Eagle St. Ste. W PO Box 640
Arlington NE 68002
Project: 2015 State Street Storm Sewer, 12th to 14th Street, Blair, Nebraska
You are notified that the Contract Times under the above contract will commence to run on
April 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 date of Substantial Completion is
within 45 calendar days of the start date and readiness for final payment on or before September
4, 2015.
Before you may start any Work at the Site, you must
(add other requirements)
City of Blair
(OWNER)
James Realph Mayor
(TITLE)
Acknowledgement of Receipt
Thompson Construction, Inc.
CONTRACTOR
0
Name Title
Date
005500-1
Issuance 2/1/05
Revised 4/10
*OA Ill • ` 11 111
Issuance 2/1/05
Revised 4/10
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is by and between the City of Blair, Nebraska (hereinafter called OWNER)
and Thompson Construction, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Construction of storm sewer along State Street between 14th Street and 12th
Street. The work will include installation of new storm sewer pipe, curb and grate
inlets and pavement removal /replacement.
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 State Street Storm Sewer, 12th to 14th Street
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 April 1, 2015 and that the
Work will be completed and ready for final payment in accordance with paragraph
14.07.6 of the General conditions within thirty (45) calendar days and on or before
September 4, 2015.
005000-1
Issuance 2/1/05
Revised 12/3/2014
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 $150.00 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: Ninety -Four Thousand Eight Hundred Twenty -Three
Dollars and no /cents ($94,823.00).
(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
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:
005000-2
Issuance 2/1/05
Revised 12/3/2014
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,
if any, at the Site which has been identified in the Supplementary Conditions as
provided in paragraph 4.06 of the General Conditions.
005000-3
Issuance 2/1/05
Revised 12/3/2014
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.
I. 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:
1. This Agreement;
2. Performance Bond;
3. Payment Bond;
4. Other Bonds /Insurance Certificates;
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
D1.0 inclusive, with each sheet bearing the following general title: 2015
State Street Storm Sewer, 12th to 14th, Blair, Nebraska;
005000-4
Issuance 2/1/05
Revised 12/3/2014
9. Addenda (numbers 1 to 1, inclusive);
10. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed;
b. CONTRACTOR's Bid;
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.
1
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
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.
005000-5
Issuance 2/1/05
Revised 12/3/2014
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 12/3/2014
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
By: Ja s Realph, Mavor
CONTRACTOR: Thompson Construction, Inc.
By: Kelly Thompson
Attest r
Address for giving notices:
218 So. 16th Street
Blair NE 68008 -1674
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
005000-7
Attes A6C
Address for giving notices:
2�t N rep '117 i�16• ��fe S7�_- VV'
V
PO Box 640
Arlington, NE 68802
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name: Kelly Thompson
Title: 6 (M w oe /T�_
Ad�r�s�s: ,r(� aet. O Sox 640
Arlington, NE 68802
Phone: 402.478.4751
Facsimile: 402.478.4744
E -Mail: kellvt @thompsonconstructioninc.com
Issuance 2/1/05
Revised 12/3/2014
ORIGINAL BOND < OF 3
V T 61�
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) :
Thompson Construction, Inc. ` Universal Surety Company
255 -ins' i e�i, PO Box 640 3 �5 lJl� • ���' �T' PO Box 80468
Arlington, NE 68002 S Lincoln, NE 68501
OWNER (Name and Address):
City of Blair
218 So. 16th Street
Blair, NE 68008 -1674
CONTRACT
Effective Date of Agreement: January 27, 2015
Amount: Ninety -Four Thousand Eight Hundred Twenty -Three Dollars and no /cents ($94,823.00)
Description (Name and Location): 2015 State Street Storm Sewer, 12 to 14th Street
Blair, Nebraska
BOND
Bond Number: 127034
Date (Not earlier than Effective Date of Agreefent): February 20, 2015
Amount: Ninety - Four ' Ihousand Eight Hundred Twenty ZhreEDollars and no /cents ($94,823
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 SURETY
THOMP CONSTRUCTION INC (Seal) i �_ (Seal)
Contractor's Name and Corporate Seal. Surety'st ame and Corporate
v
Ig
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rint
Attest:
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Title
wi tness
Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
Page 1/5
Attorney)
James M. King
Print Name
Attorney -in -Fact
Title
Attest: _
ignature
00 6113.13 -1
f
I . 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 Surety's 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 Surety's expense take one of the following actions:
4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to
perform and complete the Contract; or.
4.2 Undertake to perform and complete the Contract itself, through its
agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the OWNER for a contract for performance and
completion of the Contract,. arrange for a contract to be prepared for
execution by the OWNER and the'cbritraotor selected with the
OWNER's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the
Bonds issued on the Contract, and pay to the OWNER the amount
of damages as described in paragraph 6 in excess of the Balance
of the Contract Price incurred by the OWNER resulting from the
CONTRACTOR Default; or
4.4 Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances;
4.4.1 After investigation, determine the amount for which it may be
liable to the OWNER and, as soon as practicable after the
amount is determined, tender payment therefor to the
OWNER; or
4.4.2 Deny liability in whole or in part and notify the OWNER citing
reasons therefor.
5. If the Surety does not proceed as provided in paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the OWNER
to the Surety demanding that the Surety perform its obligations under this
Bond, and the OWNER shall be entitled to enforce any remedy available to the
OWNER. If the Surety proceeds as provided in paragraph 4.4, and the
OWNER refuses the payment tendered, or the Surety has denied 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 shall 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 fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed
or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the Contract was to be performed, any'
provision in this Bond conflicting with said statutory or legal requirement shall
be deemed deleted here from and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated. herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law
bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the
OWNER to the CONTRACTOR under the Contract after all proper
adjustments have been" made, including allowance to the
CONTRACTOR of any amounts received or to be received by the
OWNER in settlement of insurance or other Claims for damages to
which the CONTRACTOR is entitled, reduced by all valid and
proper payments made to or on behalf of the CONTRACTOR under
the Contract.
12.2 Contract: The agreement between the OWNER and 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 remedied nor waived, to perform or otherwise to
comply with the terms of the Contract
12.4 OWNER Default: Failure of the OWNER, which has neither been
remedied nor waived, to pay the CONTRACTOR as required by the
Contract or to perform and complete or comply with the other terms
thereof.
FOR INFORMATION ONLY - (Name, Address, and Telephone) 402 -475 -7700
Surety Agency or Broker: Gene Lilly Surety Bonds, Inc., 3440 0 St, Lincon, NE .68510
Owner's Representative (Engineer or other): X BQ Consulting Groun, Inc -
00 6113.13 - 2
Page 2/5
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):
Thompson Construction, Inc. Universal Surety Comaanv
` 55 --"' S w & + PO Box 640 3 G W • ��, S�' � PO Box 80468
G�J 1VT' QL7'vvt,
Arlington, NE 68002 Lincoln. NE 68501
OWNER (Name and Address):
City of Blair
218 So. 16th Street
Blair, NE 68008 -1674
CONTRACT
Effective Date of Agreement: January 27, 2015
Amount: Ninety -Four Thousand Eight Hundred Twenty -Three Dollars and no /cents ($94,823.00)
Description (Name and Location): 2015 State Street Storm Sewer, 12th to 14th Street
Blair, Nebraska
BOND
Bond Number: 127034
Date (Not earlier than Effective Date of Agreement) February 20, 2015
Amount: Ninety - Four Thousand Eight Hundred T enty - Thr�_e A,lltirs and no/6 f'rts($94,823.00)
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
THO MPSON CONSTRUCTION, IN (Seal) TTp
CONTRACTOR's Name and Corporate Seal Su
B By:
ign ur
Print a e
Attest:
viyI auw v
Title
SURETY
...(Seal)
Seal
re (Attach Power of Attorney)
James M. King
Print Name
Attorney - in - Fact
Title
Attest:
ignature \
witness
Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
Page 3/5
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, indemnifies; 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 Other 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 writtei '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 furnishing 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) 402 -475 -7700
Surety Agency or Broker: Gene Lilly Surety Bend., Inc. 3440 0 St, Lincoln, NE 68510
OWNER's Representative (Engineer or othe : JEO Consulting Group, Inc.
Page 4/5
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 suitor 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 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
UNWER SURETY COMPANY
Lincoln, Nebraska .
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the 'UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the
following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit:
"Article V- Section 6. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary,
shall have the authority to appoint Resident Vice Presidents and Attomeys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf as
Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or
Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time."
does hereby make, constitute and appoint
Robert T. Grone or James M. King or Suzanne P. Westerholt
or Jacob J. Buss or Thomas L. King, Lincoln, Nebraska
its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety:
Any and all undertakings of suretyship
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as
if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons.
The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY, held on July 23, 1981:
"RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance
with Article V- Section 6 of the Company Bylaws: and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying
Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached."
All authority hereby conferred shall remain in full force and effect until terminated by the Company.
IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed
this 15th day of May 1 20 14
Secretary/Treasurer By
State of Nebraska
ss.
County of Lancaster
UNIVERSAL SURETY COMPANY
President
SUME• CQ
e CORPORATE .t
a i sEAL
' S
yy
Vn�OIN, NF60.T
On this 15th day of May 20 14 before me personally came Curtis L. Haitter, to me known, who being by me duly
sworn, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the President of the UNIVERSAL SURETY COMPANY, the
corporation described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) name by like order; and that Bylaw, Article V- Section
6, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force.
' aRQ �/ 1�f� GEN bhbrdlk6retka
TARA N. MAprIN
uY Comm. EV. Feb=q T k PGT A
My Commission Expires February 16, 2018. Notary Public
L Cheryl A. Brown, Assistant Secretary of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of
Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full force and effect.
Signed and sealed at the City of Lincoln, Nebraska this 20th day of February_ 20
Page 5/5
*` suxE c
SEAL
Assistant Secretary
Page 5/5
i— _10 DATE (MMIDDIYYYY)
AcoR® CER TIFICATE OF LIABILITY INSURANCE 2/24/2015
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, AN 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 NA
PRODUCER NAME: T Mary Kent
UNICO Group PHONE (402)434 -7200 FAX Nn: (402) 434 -7272
4435 O Street ADOR i E SS•mkent @unicogroup -com
Lincoln NE 68510 INSURERA:United Fire & Casualty 1suzJ
INSURED INSURER 8:
Thompson Construction Inc INSURERC:
PO BOX 640 ( G W '—�Q�'t C�- J 5 • INSURER D :
`.v 111��` INSURERE:
Arlington NFL' 68002 1 INSURER F:
COVERAGES CERTIFICATE NUMBER•15 /lb A.L.I. L3.nes KCV.AIVIV 14unnDCR:
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.
IN$R ADDL SUER POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE imqp wyn POLICY NUMBER MM /DDIYYYY MMIO )IYYYY
GENERAL LIABILITY $ 1,00 0,000
DAMAGE RENTED
$ 100,000
X COMMERCIAL GENERAL LIABILITY PREMISES ( Ea occurrence
A CLAIMS -MADE ® OCCUR 60455219 /1/2015 /1/2016 MEDEXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000
X POLICY PRO- LOC $
AUTOMOBILE LIABILITY
EaaccidentSINGLELIMIT
$ 1, 000,000
BODIL I (Pe person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
A
ALLOWNED SCHEDULED
60455219
/1/2015
/1/2016
A U TO S NON -OWNED
PROPERTY DAMAGE
Per accident
$
HIRED AUTOS
X
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$ 3 ,000 ,000
AGGREGATE
$ 3,000,000
A
EXCESS LIAB
X
CLAIMS -MADE
DIED X RETENTION$ 10,000
$
60455219
/1/2015
/1/2016
A
WORKERS COMPENSATION
WC SLATU- OE H-
E.LEACHACCIDENT
$ 500, 000
AND EMPLO LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVEY /N
E.L. DISEASE - EA EMPLOYE
$ 500,000
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
NIA
60455219
/1/2015
/1/2016
E.L. DISEASE- POLICY LIMIT
$ 500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Leased /Rented Equipment
60455219
/1/2015
/1/2016
400,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
The General Liability includes a blanket automatic additional insured endorsement that provides
policy
additional insured status only when there is a written contract between the named insured and the
certificate holder /entity (ies) that require such status prior to a loss. The General Liability & Workers
Compensation policies include waiver of subrogation endorsements as required by written contract with the
named insured prior to a loss. Blanket endorsement provides additional insured status for the City of
Blair and J.E.O when required by the written contract with the named insured.
i swim
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 /DC-�
ACORD 25 (2010105) U 7yiftf -YU7U AOVtcv t,�rcrvlw tir � •��
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