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Storm Damage Repair-Eriksen
AGREEMENT made as of the 2 0 day of September in the year 2014 -(In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Blair 218 So. 16th: Blair, Nebraska 68008 Telephone Number: (402) 426 -4191 Fax;Number: (402) 426 -4195 and the Contractor: (Name, legal status, address and other information) Eriksen Construction Company, Inc. 2546 South Hwy 30' Blair; Nebraska 68008 -0610 for the following Project: (Name, location and detailed description) City of Blair Hail Damage Emergency Package Location #I — City Hall/Fire Station Items included in the work: AS DESCRIBED INADDENDUM:NO 1 REVISED BID PROPOSAL NO. 01 The Architect: (Name, legal status, :address and other information) HGM Associates Inc. 640 Fifth Avenue Council Bluffs, Iowa 51501 -6427 Telephone Number: 712 -323 -0530 Fax Number: 712- 323 -0779 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This documentwas produced byAIA software at 16:03:31 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1900957505) TABLE OF ARTICLES THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM' 5: PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT' DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS - CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the 'Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the .date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Not Applicable If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: Not Applicable § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Eighty ( 80 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Init. AIA Document A101Tm — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:31 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1900957505) Portion of Work Substantial Completion Date Substantial Completion of all work unless December 1, 2014 extended by approved change order , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Not Applicable ARTICLE 4 ` CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Sixty Six Thousand Two Hundred Seventy Five Dollars ($166,275.00)), subject to additions and deductions as provided in the Contract Documents. § '4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires) Not Applicable § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) Add Wall Scupper EA $500.00 Remove and Replace Roof Sheathing SF $3.00 Remove and Replace Damaged Roof SF $4.00 Insulation § 4.4 Allowances included in the Contract Sum, if any: (Identi allowance and state exclusions, if arty, from the allowance price) .Item Price Not Applicable ARTICLE 5 PAYMENTS §,5.1 PROGRESS PAYMENTS' § 5.1.1 Based upon Applications` for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Provided that an Application for Payment is received by the Architect no later than a week prior to the last working day of the month, the Owner will make payment of the certified amount to the Contractor which will be ready by the Wednesday following the second Tuesday of the month. Blair City Council only approves claims at their first meeting each month. § 5.1.3 If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forth Five ( 45 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) Init. AIA Document All 01 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:31 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1900957505) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as -a basis for reviewing the Contractor's Applications for Payment. §'' 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § '5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %o). Pending final ; determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as, provided in Section 7.3.9 of AIA Document A201Tu -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Five percent ( 5 .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work,. retainage applicable to such work and unsettled claims; and (Section.9.8.5 of AIA Document ,4201 2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.18Reduction or limitation ofretainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1:61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) NONE § 5.1.9 Exceptwith the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §'5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 4 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAIA software at 16:03:31 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1900957505) § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Not Applicable ARTICLE 6 DISPUTE RESOLUTION §; `61, INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually; agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Not Applicable § 62 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction {, ] Other (Specify) ARTICLE 7 TERMINATION: OR SUSPENSION § 7.1 The Contract maybe terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201`2007. § 7.2 The Work maybe suspendedby the .Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS 18.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 1 0 % § 8.3 The Owner's representative: (Name, address and other information) Al Shoemaker City of Blair 218 So. 16th Blair, Nebraska 68008 Init. AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAIA software at 16:03:31 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1900957505) § 8.4 The Contractor's representative: (Name, address and other information) Eriksen Construction Company, Inc. 2546 South Hwy 30 Blair, Nebraska 68008 -0610 § - 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8 A Other provisions: NONE ARTICLE 9 _ ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.`. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages I All Sections Volumes 1 and 2 August, 2014 Inclusive Project Manual for Hail Damage Emergency Package, City of Blair, Nebraska § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages All Sections Volumes 1 and 2 August, 2014 Inclusive Project Manual for Hail Damage Emergency I Package, City of Blair, Nebraska § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number ADD. NO. 1 REVISED BID PROPOSAL NO. 01 § 9.1.6 The Addenda, if any: Number Addendum No. 1 Addendum No. 2 Title Date Volume 2 Project Manual Inclusive for Hail Damage Emergency Package, City of Blair, Nebraska Date Pages September 12, 2014 52 September 15, 2014 1 Init. AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:31 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1900957505) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201T Digital Data Protocol Exhibit, if completed by the parties, or the following: Not Applicable .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AM DocumentA201- 2007provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Not Applicable ARTICLE 10 INSURANCE AND BONDS The Contractor shallpurchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201- 2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of ALA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) Performance Bond 100% Payment Bond 100% This Agreement entered into.as of the day and year first written above. V1 WN (Signature) CO RACTO (Signature) City 7o Blair, Nebraska Eriksen Construction Company, Inc. (Printed name and title) (Printed name and title) 3e1) ni- e,r 1�oenho�5 + Vi ce �res�c�en� Init. AIA Document A1 01TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:03:31 on 09/17/2014 under Order No.4669103762_1 which expires on 07116/2015, and is not for resale. User Notes: (1900957505) 11 TM Performance Bond No. 106119617 CONTRACTOR: SURETY: (Name, legal status and address) (Maine, legal status and:principal place Eriksen Construction Co., Inc. of business) P.O. Box 610 Travelers Casualty and Surety Company Blair, NE 68008 of America OWNER: (Name, :legal slaters . and address) The City of Blair 218 S. 16th Blair, NE 68008 CONSTRUCTION CONTRACT pate One Tower Square Hartford, CT 06183 Amount: $166,275.00 Description: (Natne and location) City of Blair Hail Damage Emergency Package Location #1 - City Hall /Fire Station BOND Date: September 23, 2014 (Not earlier than Construction Contract Date) Ainount: $166,275.00 Init. Modifications to this Bond: M None ❑ See Section 16 CONTRACTOR AS PRINCIPAL company: (Cotho) Seal) Erksen Construction po, Inc. Signati Name n i �ZI oo n k oo r s� and Title: V ; Ct 'Prt6 i d e n+ (Any adddional.signaterres appeaa• on the la This document has importanttegal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety; owner or other party shall be considered plural where applicable. AIA A3* 2=4014 combines two separate' bonds, a Performance Bond and a Payment Bond ,:Ihto one form. This Is not a single combined Performance and Payment Bond. SURETY Company: (Cotporate Sea.0 Travelers Casualty and Surety CompaQy of America Signature Name ne L. Dre and Title: Attorney -in -Fact st page of this Perforinanee Bond.) (1,OR IIVFORA,fAT10iV.ONLY— Annie, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect; .Tngineer or other par():) Constructors Bonding, Inc. HGM Associates, Inc. 14010 FNB Pkwy, Suite 300 640 Fifth Avenue Omaha, NE 68154 Council Bluffs, IA 51501 UA Document AMTM - MO._The American Institute of Architects. 061110 1 § 17he Contractor and Surety, jointly and severalty, 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 a conference as provided in Section 3. § 34f there is no.Owner Default tinder the Construction Contract, the Surety's obligation tinder this Bond.shall arise .after 1 the Owner first provides notice to the Contractor and the Sueety that the Owner considering declaring a ContractorDefault. Stroh notice shall indicate wheilier the Owne'.is - requesting a conference among the Owner, Contractor and Surety to. discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within. five. (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests ,a conference, the Owner shall attend, Unless the Owner agrees otherw'i'se; any conference requested under this Section 3.1 shall be held within ten (10) business days of the.St rety'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 airy subsequently to declare a Contractor Default; .2 the Owner declares a Contractorpofault, terminates the Construction Conti-act and notifies the Surety; and the Owner :has agreed to pay the Balance of the Contract Price in accordance with the terms of the Cortstructiori Contract to the Surety olio a contractor selected to perform the Construction Contract. § 4 Failure on the part of the:owner to comply witli the notice requirement in Section 3.1 shall not constitute a failure to, comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations,.except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1. Arrange for the Contractor with the, consent of the Owner, to perform and complete the Construction ,Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange fora contract to be.prepar'ed for execution by the Owner and a contractor selected with the Owner's .concurrence, to be secured with l erfornsance and. payment bonds executed by a qualified` surety eqt Ivalent to the bonds issued on the Constr'uc'tion Contract, anti pay to the Owner the amount of damages as.described'in Section 7 ln: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 under the circumstances: .1 After investigation, determine the amount for which it maybe liable to the Owner and as soon as practicable after:the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in pact and notify the Owner citing the reasons for denial. § 6Ifthe Surety does not proceed as provided in Section 5'with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt:of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations tinder this Bond, and the Owner shall be entitled to enforce any remedy available to'the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner:reftises the payment or the Suiiety has denied liability, jn whole or in part, without further notice the Owner shall be entitled to enforce airy remedy available to the Owner. init. AIA Document A312 111 - • 2010. The American institute of AtchiteGts. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then .the responsibilities of the Surety.to the Owner shall not be greater than those of the Contractor under the` Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those ofthe Owner under the Construction:.Conttact. Subject to the commitment by1 e Owner to pay the Balance of the Contract Price,.the Surety is obligated, without duplication, for ;1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 12 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the 'actions or failure to act of the Surety under Section 5; and .3 liquidated. damages, or if no liquidated damages are specified in the CoMouction Contract, actual damages caused by delayed performance of non- performance of the Contractor. § 8 If the Surety elects to act tinder Section 5.1, 5,3 or 5A the Surety's liability is limited to the amount of th sBond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the'Balance of flee Cont ad Pr ce shall not be reduced or set off on account of any such unrelat obligations. No right of action shall accrue on this Bond to any person or entity other than .the Owner.or its heirs, executors, administrators; successors and assigns. § 10 xl e'Surety Hereby waives notice of any change, inchuding changes of time, to the Construction Contract or to related subcontracts, ptii•ohase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted iii any court ofbompetent jurisdiction. in the in which the work or part of tlfe work is.located and shall be instituted withintwo 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 underthis 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. § 12 Notice to the Surety, the Owner oe the Contractor shall be tailed or delivered to tile address.shownoil the page on which tIteir 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 inthis Bond conflicting with said statutory or legal requirement shal'1 be deemed deleted 'herefroni and provisions conforming to such statutory or other legal requirement shall be deem fu nished, the ined incorporated herein, When so tent is that this Bond' shall be construed as a statutory bond and not as a comnton.law bond. 14 Definitions § 14.1 Balance of the Contract MCC The total amount payable by the Owner to the Contractor under tiie Construction ,Contract after all proper.adjustnlents have :been made, including allowance to the Contractor of any amounts receivedt C or to be received by th ,e Owner•.in settlement of insurance or.other claims for damages to which the Contractor is entitled, reduced by all valid and groper payments made to or on behalf of the Contractor under the Construction Contract. §'14.2 Construction Contract. The agreement between the Owned and Contractor identified on the coverpage, includ'►'ng all Contract Documents and changes made to the. agreement and the Contract Documents. 14.3' Contractor Default. Failure of the: Contractor, which' has not'beeh 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 regiuired under the Construction Contract or to perform and complete or coniply with the other material terms of file Construction Contract, § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 I,f thisBond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deetned_to be Subcontractor atrd'the term -Owner shall be deemed to be Contractor. Init. AIA Document A312* "2010. The American Institute ofkChitects. § 16 Modifications to this bond are as follows: (Space. is provided below for additional signtitm•es of added parties; other than tliose: appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Cogorate Seal) Company: (Coiporate Seal) Signature: Name and Title:: Address Signature: 14aine and Title: t1 ddtess CAUTION:'You should sign an original AIA Gontract Document, on Which this toxt appears In RED. An original ass lres that changes Wlll not bo obscured. Init. AIA DocumentA312TM' -- .2010. The American Institute of Architects. �. TM 1A Document A312 - 201 Payment B No. 106119617 CONTRACTOR: (Nance; legal status and address) Eriksen Construction Co., Inc. P.O. Box 610 Blair, NE 68008 OWNER: (Name, legal statics and address) The City of Blair 218 S. 16th Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $166,275.00 SURETY: (Nance, legal status and principallilace of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Description: (Name and location) City of Blair Hail Damage Emergency Package Location #1 - City Hall /Fire Station BOND Date: September 23, 2014 (Arot earlier than Construction Contract Date) Amount: $166,275.00 Modifications to this Bond: IN None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Coinpahyi (Corporate seal) This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion `or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment.Bond, into one form. This:is:not a single combined Performance and Payment Bond, Eriksen Construction Co., Inc Travelers sualty and Surety Compa of America Signahf Signature: U , Name �l'e i 61- or, Name quel e L. Drey nn and Titre: V i g - f rt S i d e 4)+ and Title: Attorney -in -Fact (Arty addition signatures appear on the last page of this 1 (B6nd) (FOR JAfF(?,M4TlOX ONI,Y— Nanne, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Frrgineer or other'.parly) Constructors Bonding, Inc. HGM Associates, Inc. 14010 FNB Pkwy, Suite 300 640 Fifth Avenue Omaha, NE 68154 Council Bluffs, IA 51501 Init. AIAMcimentAMM- 2010. TheAineticanlnstituteofArchitects• 0611 to § 1 Tlie Contractor and `Surety, jointly and severally, bind' tliemselves, their lers, executors, administrators, successors and assigns to the Owner to pay for labor, materials:and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If tine Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies. . holds Harmless the Owner from claims, demands, liens or suits any person of entity seeking payment for labor materials or equipment furnished for use in the perfotmaift of the Construction Contract, then the Surety and the Contatetor shall have no obligation under this Bond. §3 If tliere is no'Owner Default under the Construction Contract the Surety's obligation to the Owner under this Bond shall arise after the Owner has, promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, •demands, Liens or suits against trite Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment'Turnished for use in the;performancce of the Construction Contract and tendered defense of such elaims, .demands, liens or suits to the Contractor and the Surety.. § 4 When the Owner has satisfied the conditions in Seciion._3, the Surety shall promptly and at the Surety's expense defend indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant ,under this Boni shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice ofnon- payment to the Contractor, stating with substantial accuracy the arnoutit claimed and the name of the party to whom . the materials were or equipment furnished oi- supplied or for whom the labor was done or performed, within ninety (90) days after having list performed labor orlastftiniished materials or equipment included in the Claim; and .2 Have septa Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or Have a direct contract with the Contractor, Have sent a Claim to the Surety (at tire address described in Section 1 -3). 61f a.»otice of tion- payment required by Section 5,1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to fitenish a written notice of non -payment under Section 5.=1,1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable., the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send in answer to the Claimant, with a copy to the Owner, within sixty'(60) days after receipt of the Claim, stating the ainotiits thatare undisputed and the basis for challenging any amounts?that aredisputed; and § 7.2 Pay or arrange for payment of any undisputed amounts: § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2. shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claini, except as to undisputed amounts.for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge-its obligations under Section 7.1 or Section 7,2,the Surety shall indemnify the'Claimant for the reasonable attorney's fees the .Claimant incurs :thereafter to recover any "sums found to be due aril owing to the Claimant. § 8 The: Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount ofreasonable attorney's fees provided under Section 7:3, and the amount of this Bond shall be c►edited.for any payments made in good faith b the Surety. § 9 Amounts owed by the Owner to the Contractor undertbe Construction Contract shall be, used forthe performance of the Construction Contract aril to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the ; performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to usethe funds for the completion of the work. Init. AIA Document A312*I 2010. The Amedcan'Instifute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be tiable for the payment of any costs or expenses of-any Claimant under this Bond, and shall have under this Bond.no obligation to make payments to, or give notice on behalf of, Claimants or otherwise Have any obligations to Claimants under this Bond. 11 The Surety Hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase- orders and other obligations. §12 No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction intlw state in whicli the project that'is the subjecv.ofthe Construction Contract is located or after the expiration of one year front the date (1) on which the Claimant sent a Clain to the Surety pursuant to Section;51.2 or 5.2, or.(2) on which the last labor or service was performed 'by anyone orthe last materials or equipment were himished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph ace void or prohibited by law,.the min nituu period of linritation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor°shall be mailed or delivered to the address shown on the =page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of tale date received.. § 14 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'l erefroni -and provisions conforming to such statutory or otlier 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. § 15 Upon request by any personbr entity appearing to be a potential beneficiary of this Bond, the and Owner shall promptly furnish a copy of this Bond or shall permit acopy to be made. 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; :2 the name ofthe-peison 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 furnisliedfor use, in the, performance of tl e_Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant lastperforineil Tabor or.last furnished materials or equipment for use in the performance of the Construction Contract; 6 the total amount earned by the Claimant for'labor, materials or equipment.furnished as of the date of the Claim; 7 the total amount ofprevious payments recelved by the Claimant; and .8 the total ainount due and unpaid totlic Claimant for labor, materials.or equipment furnished as of.the date ofthe Claim.. 16.2, Claimant. An individual of entity leaving a direct contract with the Coi tractor:or with a subcontractor oft e Contractor to .furnish labor, materials or equipment for.use in the performance of the Construction Contract. The term Claimant also includes any individualor'entity that thas rightfully asserted a claim under an applicable mechanic's lien or sini'lar statute agahist'the real property upon which the p oject;is located. Tlie intent of this Bond sliall be to include without litnita( in the tennis " labor, materials or equipment" that;part of water gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in (lie Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which.a mechanic's lien may be asserted in the, jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreementbetween the Owner.and Contractor identified on the cover page; including all Contract Documents and all changes made to the agreement and the Contract Documents. snit. AIA DocUrnent A312 2010. The American Institute of § 16.4`Owner Default. Failure of the Owner, which, bas 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.nateriai terms of the Construction Contract.. §16.5 Contract Documents. All the;documents that comprise the agreement between the Owner and Contractor. §'11 If this Bond. is issued for An agreement between a Contractor find stibconteactor,:the term Contractor in this Bond shall be deemed to be S bcontractof -,in([ the tern Owt er shall be deemed to be Contractor, 113 Modifications to this bond are as follows. (Space isprovided baloip fob• additional signattp•es of added parties; other' than those appearing oii the Cover pcige) CONTRACTOR AS PRINCIPAL SURETY Company: (C,otporate Seal) Company: (Cotpolate Seal) Signature: Name and Title: Address Signature: Naive and Title: Address ;CAUTION: You skfouid sign an original AIA Contractbocumont, on whioh this toxt apponre in Rt3D. An original assuros that changos will not ho obscured: Init. AIA DocumentA312* - 2010. The American Institute of Architects. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �ry POWER OF ATTORNEY TRA VELER S 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 005975334 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 Len, 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 permntedin any ac[ions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrurgent,to be signed and, their, corporate seals to be hereto affixed, this 8th day of July 2014 Farmington Casualty Cgrt►iany 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 ASU TY a�g 6 > INSU••" P �tY ANO SUA 1Y 2 oaPOq� L V ,c G r 7 @ 3u + f•'- G .i+" cp O i o 4 P'k, r�ORPORA >;s s? f RPORq ;•• m 3t' �, a CORPORAiED a�' ; a'oe rfe.n = a �a '- iucavca9no 1977 1951 a 3 nr ,o °: CONK. n e $ N .lass =y NA D s.. oa'S �., '�.S�A S� .. O ey;..........�aAt a < rI Att13� y *N i State of Connecticut City of IIartford ss. By: Robert L. Raney, kenior 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. GT� In Witness Whereof, I hereunto set my hand and official seal. �yY My Commission expires the 30th day of June, 2016. MS 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Marie C. Tetreault, Notary Public 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 Unitedo5 Fidel6and 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, -,whichcis in,fdll force n and has not been revoked. IN TESTIMONY WHEREOF, Ihave hereunto set my hand andiaffixed the seas ofsard;C�omp`a \ Hies this 23rd day of September 2014 . Kevin E. Hughes, Assistant Secr tart' 9J p�tV ANO 2 �.POq� L V ,4 t� 2 4 t _ . t'9 jQ'ORPOR G - • : ", �P q ti O 3 4 • o Wc '• �i� .«A�Fm� J,„QrCOAPORgrE;;,nS �+ Marto HARPFORD. K fiihTf6 r 1896 CON. N .. �' 5 JD L y 'o „�•y GC °` � v.' , yt v � � � , �a O, . �� % � A �^,�"`s�� ''�� „.: ANyr 1'"+,�s ...., •r� o �a +' v? � AtN� 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 ERIKS -1 O ID: LO , o LIABILITY I U ik C �� DATE(MM /DD/YYYY) 09/22/2014 THIS CERTIFICATE 1S 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 Omaha NE 68154.4420 Gregory ' Paulsen CPCU, ARM CONTACT NAME: Lori Menichetti PHONE 402 Arc No Ezt : 402- 398 -9009 a - 398 - 0917 c No E -MAIL lmenichefti@marcoffeins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Insurance 24775 INSURED Eriksen Construction Co, Inc. Attn: Tim Shaw 2546 S Hwy 30 INSURERB: A INSURERC: X X DTC07331PO90 Blair, NE 68008 -0610 INSURER D : TO DAMAGE PREMISES S(RENTED Ea occurzence INSURER E: MED EXP (Any one person) $ 5,00 INSURER F: CLAIMS -MADE 1XI OCCUR COVERAGES CERTIFICA NUMRFR: 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. TR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN POLICY NUMBER MMIDD/YYYY MM DDYNYYY I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,00 A X COMMERCIAL GENERAL LIABILITY X X DTC07331PO90 04/01/2014 04/01/2015 TO DAMAGE PREMISES S(RENTED Ea occurzence $ 300,00 MED EXP (Any one person) $ 5,00 CLAIMS -MADE 1XI OCCUR PERSONAL& ADV INJURY $ 1 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $ 2,000,00 $ POLICY X PRO LOG AUTOMOBILE LIABILITY A COMBINED SINGLE LIMIT Ea accident 1,000,00 $ BODILY INJURY (Per person) $ A X ANY AUTO DT8107331PO90 04/01/2014 04/01/2015 BODILY INJURY (Per accident) $ ALLOWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PER AC IC DEN $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10 ,000,00 AGGREGATE $ 10,000,00 A EXCESS LIAB CLAIMS -MADE DTSMCUP7331PO90 04/01/2014 04/01/2015 DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVEr — _ OFFICERIMEMBEREXCLUDED? (Mandatory In NH) NIA X DTNUB7331P090 04/01/2014 04/01/2015 X TORY O R TORY LIMITS ER E.L. EACH ACCIDENT $ 500 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT S 500,00 If yes, describe under DESCRIPTION OF OPERATIONS below A Builders Risk OT6602882C871 04/01/2014 04/01/2015 Projects 6,000,00 Deduct 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Blair (Owner) and HGM Associates Inc (Engineer) are named as an additional insured on a primary & non contributory basis with respect to general liability for work performed under contract by the named insured on the following project: City of Blair Hail Damage Emergency Pck -Lac #1 - City Hall /Fire Station. A waiver of subrogation in favor of the additional eFtaTlotreTR unl nGO CANCELLATION 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. 218 South 16th Blair, NE 68008 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION An rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD N ®T NOTEPAD: HOLDER CODE BLAIR01 ERIKS -1 PAGE Gr A ®� ' INSURED'S NAME Eriksen Construction Co, Inc. OP ID: LO Date 09/22/2014 insureds applies to the General Liability and Workers Compensation. Excess Liability applies to Employers Liability Limit