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Stonebrook-Animal Shelterrrrrrr������rrrrrrrrrrrr���� � TM w oe Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum (`- AGREEMENT made as of the �L day of September in the year 2014 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: ess and other information) )426;4191 1195 ess and other information) 1 13 Package REVISED BID PROPOSAL NO. 07 as follows. 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 All 01 T"' — 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 by AIA software at 08:44:03 on 09/22/2014 under Order No.5844324581_1 which expires on 09/18/2015, and is not for resale. User Notes: (1649954099) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ENSION DOCUMENTS and eith( ART The the 1 of this Agreement, Conditions of the Contract (General, Supplementary and other itions, Addenda issued prior to execution of this Agreement, other documents listed ions issued after execution of this Agreement, all of which form the Contract, and are if attached to this Agreement or repeated herein. The Contract represents the entire n the parties hereto and supersedes prior negotiations, representations or agreements, .ation of the Contract Documents, other than a Modification, appears in Article 9. y execute the Work described in the Contract Documents, except as specifically indicated in to be the responsibility of others. OF COMMENCEMENT AND SUBSTANTIAL COMPLETION )mmencement ofthe Work shall be the date of this Agreement unless a different date is stated is made for the date to be fixed in a notice to proceed issued by the Owner. ommencement if it diers from the date of this Agreement or, if applicable, state that the date will .ent of the Work, the Owner requires time to file mortgages and other security interests, the shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. I § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Twenty Nine ( 29) 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 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 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 t maximum extent possible under the law. This document was produced byAIA software at 08:44:03 on 09/22/2014 under Order No.5844324581 1 which expires on 09/18/2015, and is not for resale. User Notes: (1649954099) Portion of Work Substantial Completion Date I 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.) The Contractor as provided be] Contractor the Contract Sum in current funds for the Contractor's performance of the all be Twenty Eight Thousand Seven Hundred Seventy Nine ($ 28,779.00 ), subject provided in the Contract Documents. 3 upon the following alternates, if any, which are described in the Contract Documents Owner: ratification of accepted alternates. If the bidding or proposal documents permit the ?s subsequent to the execution of this Agreement, attach a schedule of such other for each and the date when that amount expires.) state quantity limitations, if any, to which the unit price will be applicable.) Units and Limitations Price Per Unit ($0.00) Roof Sheathing SF $2.69 the Contract Sum, if any: exclusions, if any, from the allowance price.) Price )r Payment submitted to the Architect by the Contractor and Certificates for he Owner shall make progress payments on account of the Contract Sum to the 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. § 5.13 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 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 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 t maximum extent possible under the law. This document was produced by AIA software at 08:44:03 on 09/22/2014 under Order No.5844324581_1 which expires on 09/18/2015, and is not for resale. User Notes: (1649954099) § 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. 1.5 Applications for; Payment shall show the percentage of completion of each portion of the Work as of the end of period covered by the Application for Payment. 1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be .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 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 of the Contract Sum properly allocable to materials and equipment delivered and the site for subsequent incorporation in the completed construction (or, if approved in wrier, suitably stored off the site at a location agreed upon in writing), less retainage of ;ate of previous payments made by the Owner; and if any, for which the Architect has withheld or nullified a Certificate for Payment as z 9.5 of AIA Document A201 -2007. determined in accordance with Section 5.1.6 shall be further modified under the Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the M 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 A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) 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. action or limitation ofretainage, if any, shall be as follows: ded, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the inserted in Sections 5.1.6.1 and 5.1.62 above, and this is not explained elsewhere in the Contract insert here provisions for such reduction or limitation.) NONE § 5.1.9 Except with 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 ALA 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 — 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 by AIA software at 08:44:03 on 09/22/2014 under Order No.5844324581_1 which expires on 09/18/2015, and is not for resale. User Notes: (1649954099) § 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 § 6.1 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 th'eArchitect.) § 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 (Spec) ARTICLE 7 TERMINATION' OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201- 2007.'. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 ` MISCELLANEOUS PROVISIONS § 8.1 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 rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) 0 % § 8.3 The Owner's representative: (Name, address and other information) Al Shoemaker City of Blair 218 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 t maximum extent possible under the law. This documentwas produced by AIA software at 08:44:03 on 09/22/2014 under Order No.5844324581_1 which expires on 09/18/2015, and is not for resale. User Notes: (1649954099) §„ 8.4 The Contractor's representative: (Name, address and other information) Stonebrook Roofing 11414 West Center Road Omaha, Nebraska 68144 § 8.5 Neither the Owner'_ other party. §,9.1 nor the Contractor's representative shall be changed without ten days written notice to the IF CONTRACT DOCUMENTS except for Modifications issued after execution of this Agreement, are enumerated in executed AIA Document Al01 -2007, Standard Form of Agreement Between Owner AIA Document A201 2007, General Conditions of the Contract for Construction. other Conditions of the Contract: Document Title Date Pages 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 I All Sections Volumes 1 and 2 August, 2014 Inclusive Project Manual for Hail Damage Emergency 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 Title Date ADD NO. 1 REVISED BID PROPOSAL Volume 2 Project Manual August, 2014 NO 07 < for Hail Damage Emergency Package, City of Blair, Nebraska § 9.1.6 The Addenda, if any: Number Date Pages Addendum No. 1 September 12, 2014 52 Addendum No. 2 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 t maximum extent possible under the law. This document was produced byAIA software at 08:44:03 on 09/22/2014 under Order No.5844324581_1 which expires on 09/18/2015, and is not for resale. User Notes: (1649954099) 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: AlA Document E201TM 2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: Not ats, if any, listed below: additional documents that are intended to form part of the Contract Documents. ALA )1 -2007 provides that bidding requirements such as advertisement or invitation to bid, Bidders, sample forms and the Contractor's bid are not part of the Contract Documents ated in this Agreement. They should be listed here only if intended to be part of the BONDS maintain insurance and provide bonds as set forth in Article 11 of AIA Document and limits of liability for insurance required in Article 11 of ALA Document T1 I Limit of liability or bond amount ($0.00) 100% 100% of the day and year first written above. ature)> ON TOR ignature Stonebrook Roofing L (Printed name and title) atG1-- 1Z4'c-T- Init. AIA Document A101 T"' —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 by AIA software at 08:44:03 on 09/22/2014 under Order No.5844324581_1 which expires on 09/18/2015, and is not for resale. User Notes: (1649954099) UNITED FIRE 8t CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407 -3909 319- 399 -5700 Performance Bond CONTRACTOR: (Name, legal status and address) SU RETY: (Name, legal status and principal Stonebrook Roofing Inc. place of business) 11414 West Center Rd UNITED FIRE Et CASUALTY COMPANY Omaha NE 68144 118 SECOND AVE SE CEDAR RAPIDS, IA 52407 OWNER: (Name, legal status and address) City of Blair 218 So 16th Blair, NE 68008 CONSTRUCTION CONTRACT Date: 9 -26 -14 Amount: $28,799.00 Description: (Name and location) City of Blair Hail Damage Emergency Package Location #13 _ Animal Shelter BOND Date: 9 -26 -14 (Not earlier than Construction Contract Date) Amount: $28,799.00 Modifications to this Bond: None See Section 16 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 shalt 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. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: UNITED FIRE Et CASUALTY COMPANY (Corporate Seat) Stonebrook Roofing Inc. 11414 West Center Rd Omaha NE 68144 (FOR INFORMATION ONLY - Name address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) UNICO Group Inc. 4435 O St Lincoln NE 68510 402 - 434 -7200 CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312 -2010 edition 5 1 The Contractor and Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 5 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 5 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such hotice shalt indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise; any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shalt be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's' right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 5 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 5 When the Owner has satisfied the conditions of Section 3, the Surety shalt promptly and at the Surety's expense take one of the following actions: 5 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner a for contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5 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 may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 5 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312 -2010 edition 5 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract actual damages caused by delayed performance or non- performance of the Contractor. 5 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 5 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 5 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 5 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shalt be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by taw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 5 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shalt 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. 514 Definitions 5 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 5 14:2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 5 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 5 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 5 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 5 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312 -2010 edition two" UNITED FIRE &t CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapid's, Iowa 52407 -3909 319 =399 -5700 Payment Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status, and principal Stonebrook Roofing Inc. place of business) 11414 West Center Rd UNITED FIRE E CASUALTY COMPANY Omaha NE 68144 118 SECOND AVE SE CEDAR RAPIDS, IA 52407 CtVtY o : &me, legal status and address) 218 So 16th Blair, NE 68008 CONSTRUCTION CONTRACT Date: 9 -26 -14 Amount: $28,799.00 Description: (Name and location) City of Blair Hail Damage Emergency Package Location #13 - Animal Shelter BOND Date: 9 -26 -14 (Not earlier than Construction Contract Date) Amount: $28,799.00 Modifications to this Bond: None See Section 18 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. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: UNITED FIRE Et CASUALTY COMPANY (Corporate Seal) Stonebrook Roofing Inc: 11414 West Center Rd Omaha NE 68144 Signature: Signature: . Name and Title: it Name and Title: Mary tt Yiey nt -in- act (Any additional signatures ap e e last page of this Payment Bond) sIr'EV VAJ N fit, (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) UNICO Group, Inc. 4435 O St Lincoln NE 68510 402 -434 -7200 CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312 -2010 edition 5 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 5 2 If the Contractor promptly makes paym'en't of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands; liens or suits by any person or entity seeking. paynient for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond, 5 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shalt arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for tabor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 5 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 9 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5 5.1 Claimants who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 5 6 If a notice of non- payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non- payment under Section 5.1.1. 5 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shalt promptly and at the Surety's expense take the following actions' 5 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 5 7.2 Pay or arrange for payment of any undisputed amounts. 5 7.3 The Surety's failure to discharge it obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2 the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 5 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shalt be credited for any payments made in good faith by the Surety. 5 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor 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 use the funds for the completion of the work. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312 -2010 edition 5 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 5 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 5 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shalt be deemed incorporated herein. When so furnished, the intent is that this Bond shalt be construed as a statutory bond and not as a common taw bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 5 16 Definitions § 16.1 Claim. A written statement by the Claimant including at minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the tabor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for tabor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 516.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including alt Contract Documents and all changes made to the agreement and the Contract Documents. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312 -2010 edition 5 16A Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. S 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 5 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shalt be deemed to be Contractor. S 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: (Corporate Seat) Signature: Signature: Name and Title: Name and Title: Address Address CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312 -2010 edition 4 % , 0 , CPRPORAT affixed by when so u in epten ing,by M : made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by, the Boards of C CASUAL COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL' PACIFIC INSURANCE "Article VI — Surety Bonds and Undertakings" etit of Attom6y-in-Fact. "The President or any Vice President, or any other officer of the,Compani6s may, frOrn ti to itten certificates attorneys -in -fact to act in behalf of the Companies in the execution of p.0iieles, of insurance, bonds, kdr.obiijatoiy instruments of like nature. The signature of any officer authorized her and the Corporate seal, maybe to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seat, adopted by the Companies as the original signature of such officer and the original seal of the Qqmpanies, to be valid and A h e force and effect as though manually affixed. Such attorney �11 mpanies with the same attorneys - -fact, subjed to the limitations set:: dVe ceit icates of authority shall have full power to bind the Companies by. their 'signature and execution of any such, tack the sea of the Companies thereto. The President or any Vice President the Board '4Directors or any other officer of i, any t time' revoke all power and authority previously given to any attorney-in-fa IN WITNESS WHEREOF, the COMPANIES have each caused thes' : b db epresent s to esigne y its. vice president and its corporate seat to be hereto affixed this 6th day of September, 2013 UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE C OMPANY . By: ss Vice President: Br, 2013, before me personally came Dennis J. Richmann .e duly sworn depose and say; that he resides in Cedar Rapids, State of Iowa, that he is a Vice President of UNITED 're d IN IT — IRE & CM .,.th6r.6topursuant . t,o:q.0aiith d an a cknowledges * same to be the act and deed of said corporations... avi' OF: J udith A. D avis ` Iowa Notarial Seal mmisslon number 173041 My Commis: in . �rmsslon 4123/2015 i INSURANCE COMPANY do hereby certify that I have compared the foregoing c, tion,oftliIi and res olutions. of said ,C as set forth in' said Power cth�. said originals, and that the said Power of Att AL PACIFIC lions; that the : I corporations Notary Public ires: 4/23/2015 COMPANY'.. of the Power rady, With the Secretary, UF&Q. A t 8 6f6t UF&I/FPIC1 ssis an e ,a►a` ®® CERTIFICATE OF LIABILITY INSURANCE 9/24/2014 Y ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mar Kent NAME: y PHONE (402) -7200 A/C No :(402)434 -M2 UNICO Group EDORIe :mkent @unicogroup.com 4435 0 Street INSURERS AFFORDING COVERAGE NAIC # INSURERA-4i Familv Mutual Ins Co. 23574 Lincoln NE 68510 _. INSURED INSURER B: INSURERC:._ _ Stonebrook Roofing Inc. , INSURERD: DAMAGE TO RENTED PREMISES Ea occurrence ... Stonebrook Enterprises, LLC INSURER E:. CLAIMS -MADE Fx_1 OCCUR 701 P St Ste 304 INSURER F: CNE0560059018 Lincoln NE 68508 -1356 COVERAGES _ _. CERTIFICATE NUMBER:14 - 15 GL,AU,WC,UMB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR .. TYPE OF INSURANCE ADDL SUBR „_ .,- POLICY NUMBER_ POLICY EFF MM /DD/YYYY POLICY EXP MM /DDIYYYY ... LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1, 000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence ... $ .50,000 A CLAIMS -MADE Fx_1 OCCUR CNE0560059018 /25/2014 /25/2015 MED EXP (Any one person). $ , 5, 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE . $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 $ . ,.,. , ._ . POLICY X PRO- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident). 1 000. 000 X BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED ANE0560068467 /25/2014 /25/2015 AUTOS - AUTOS PROPERTY DAMAGE $ NON -OWNED HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 9, 000,000 AGGREGATE $ 9,000,000 A EXCESS LIAB CLAIMS -MADE .DED .X I RETENTION$ 10,00C $ tONE0960076769 /25/2014 /25/2015 A WORKERS COMPENSATION X I WC STATJ OTH- CRY " AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER /EXECUTIVE I I E.L. EACH ACCIDENT $ 100,000 OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N/A ONE0560061579 /25/2014 /25/2015 E.L. DISEASE - EA EMPLOYE $ 100,000 If yes, describe unifier DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: City of Blair Hail Damage Emergency Package Location #13 - Animal Shelter The general liability policy includes a blanket automatic additional insured endorsement that provides additional insured status only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability & Workers Compensation include a Waiver of Subrogation as required by written contract with the named insured prior to a loss. City of Blair Attn: Brenda Wheeler 218 S 16th St Blair, NE 68008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cockle /MKENT�. ACORD 25 (2010/05) INS025 (2oioo5).o1 ©1988 -2010 ACORD CORPORATION. All rights reserved. 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