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Eriksen-PoolTM .AIA DocumentA101 Standard Form of Agreement B etween Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of September in the year 2014 „(In words, indicate day, month and year:) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner:- added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Blair AIA standard form. An Additions and 218 So. 16th - Deletions Report that notes added Blair, Nebraska 68008 information as well as revisions to the Telephone Number:. -(402) 426 -4191 standard form text is available from Fax Number: (402) 426 -4195 the author and should be reviewed. A vertical line in the left margin of this and he Contractor: document indicates where the author (Name, legal status, address and other information) has added necessary information and where the author has added to or Eriksen Construction Com an Inc, p Y� deleted from the original AIA text. .2546 South Hwy 30' This document has important legal Blair; Nebraska 68008 -0610 consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Namg, location and detailed description) AIA Document A201 TM - 2007, General Conditions of the Contract City of Blair Hail Damage Emergency Package for Construction, is adopted in this Location 43 - Swimming Pool Bathhouse document by reference. Do not use Items included in the'work:` with other general conditions unless AS bEscRiBED IN ADDENDUM NO: 1 REVISED BID PROPOSAL NO. 3 this document is modified. The Architect: (Name, legal status, address and other information) HGM Associates Inc. 640 Fifth Avenue Council Bluffs, Iowa 51501 -6427 Telephone Number: 712- 323m0530 Fax Number: 712- 323 - 0779 The Owner and Contractor agree as follows. 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 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 I maximum extent possible under the law. This document was produced by AIA software at 16:11:02 on 09/17/2014 under Order No.4669103762_1 which expires on 07116/2015, and is not for resale. User Notes: (1967936877) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 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 One Hundred Twenty 120 ) 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.) AIA Document A10tTM — 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 Ale 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 underthe law. This document was produced byAIA software at 16:11:02 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1967936877) Portion of Work Substantial Completion Date Substantial Completion of all work 120 Days from Commencement of the Work , 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 § 41 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 Two Hundred Sixty Four Thousand Dollars ($264,000.00)), 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 theOwner: (State the n umbers 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 amount for each and the date when that amount expires) Not Applicable § 4.3 Unit prices, if any: (Identify and state the unitprice; 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 Tongue and Groove SF $10.00 Roof Deck + Remove and Replace Roof Sheathing SF $3.00 § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, 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. I § 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 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 maximum extent possible under the law. This document was produced by AIA software at 16:11:02 on 09/17/2014 under Order No.4669103762_1 which expires on 07116/2015, and is not for resale. User Notes: (1967936877) § 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 %). 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 A201TM -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 off the 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 ofA1A Document A201 2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if arty.) .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. § 5.1:8 Reduction or, limitation of retainage, 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 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, 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 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. § 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: 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 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 documentwas produced byAIA software at 16:11:02 on 09/1712014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1967936877) 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 the Architect.) § 6:2 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 may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 =2007. § 7.2 The Work maybe 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 legal 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 So. 16th Blair, Nebraska 68008 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 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 document was produced byAIA software at 16 :11:02 on 09/17/2014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1967936877) i § 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. §1 '6 Other; provisions: I' 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 Al01 2007, Standard Form of Agreement Between Owner and Contractor. 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 All Sections Volumes 1 and 2 August, 2014 Inclusive Project Manual for Hail Damage Emergency Package, City of Blair, Nebraska The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) T'tl Date Pa es Section I e g 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.3 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 byAlA software at 16:11:02 on 09/1712014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1967936877) 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 E201TM- -2007, 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. AIA DocumentA201 -2007 provides 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.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase 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 AIA 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. MAI A OWN Signature) CONTRACTOR (S ignature) City of Blair, Nebraska Eriksen Construction Company, Inc. (Printed name and title) (Printed name and ti l ��rn c{, 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 t maximum extent possible under the law. This document was produced by AIA software at 16:11:02 on 09/1712014 under Order No.4669103762_1 which expires on 07/16/2015, and is not for resale. User Notes: (1967936877) b Pe r formance Bond No. 106119618 CONTRACTOR: SURETY: (Naine, legal.statits.and address) (Name, legal.status and principal place Eriksen Construction Co., Inc. of business) P.O. Box 610 Travelers Casualty and Surety Company Blair, NE 68008 OWNER: (Name, .legal status and address). The City of Blair 218 S. 16th Blair, NE 68008 CONSTRUCTION CONTRACT Date' of America One Tower Square Hartford, CT 06183 Atnount: $264,000.00 Descril Lion :. Name acid location) City of Blair Hail Damage Emergency Package Location #3 - Swimming Pool Bathhouse BOND Date: September 23, 2014 (Not earlier than Construction Contract Date) Ariiouni. $264,000.00 Modifications to this Bond: M None ❑ See Section 16 This document has important legal consequences. Consultation with an :attorney is encouraged with respect to completion or modification. Any singular reference to Contractor, Surety; Owner:or other party shall be considered plural Where applicable. AIA Document A312401 0 combines twd.sbparate bonds, Performance Bond and 'a Payment Bond, into one form. This is not. a;single combined Performance and Payment Bond. GONTRACTO.RAS PRINCIPAL SURETY Company: ; Co pany: rporate Seal) Company: (Corporate Seal) Eriksen Construction C Inc. Travelers Casualty and Surety Co any of America Signat'tu �.; —- �`� $gnattne: Nance .e !� ( F� �3brn h ors Nance cq ne L. Dr y ' and Title: i L( r G S i clem F and Title: ttorney -in -Fact (Arty additional signatures, appear 011 the last page of this per, formance B6nt1) (FOR INFORAfATION:ONLy_Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, .rAglneer or other,part)):) Constructors Bonding, Inc. HGM Associates, Inc. 14010 FNB Pkwy, Suite 300 640 Fifth Avenue Omaha, NE 68154 Council Bluffs, IA 51501 Init. AIA Document AMTM — 9010. The American Instittite of Architects. osrniu 1 § 1 The Contractor and Surety, jointly and severally,: bind themselves, their heirs, executors, administrators, successors aiid 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 tinder this Bond, except when applicable to participate in .a: conference as.provided.in Section 3. § 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 notice sh all indicate wl eilier 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 Wray, 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 conferetce gtt reested under• ttris Section 1 h :shall be. Iield within ten (10) business days of the Surety's'r6ceipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be. allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right if any, subsequently to declare a Contractor Default; .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 onto a contractor selected to perform the Construction Contract, § 4 Failure on the part of the Owner to comply with the notice requitement in Section 3.1 shall not constitute a failure to. comply with a condition precedent the Surety's obligations, or• release -the Surety from its obligations,- except to the extent the Surety demonstrates actual prejudice. § 5 Wifen the Owner has satisfied the .conditions of Section 3, the Surety shal I 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 Viidertalze 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 per forinanee and completion of the Construction Contract, arrange fora contract to be.prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to he.secured with performance and payment bonus 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; oil § 5.4 Waive its right to pei fornuatid complete,_ arrange for completion, or- obtain a new contractor an i witlixeasonable promptness tinder 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 h determined, make payment to. the Owner; or 1 2 Deny liability in whole or in part and notify the Owner citing the reasons for denial. § 6 Ifthe 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 demand ng.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 Sitrety has denied'liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312 1 "' - 2010. The American Institute of Architects. § 7 If the Surety elects to act under Section 5.1, 5,2 or 53, then the responsibilities of the Surety to. the Owner shall not be greatee than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall riot 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 tWiee, tale Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; I additional- legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act ofthe'Surety under Section 5, and .3 ligquidated . damages, or if no liquidated damages are specified in the'ConAr•ubtion Contract, actual damages caused by delayed__ performance or non- performance of the Contractor. § 8 Ifthe 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. § 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 ofthe Contract Price shall not .be reduced or set off on account of any.strch unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owneror its heirs, executors, administrators, successors and assigns. §10 The Surety liereby waives notice of any change, including changes of time, to the Construction Contract or related subcontracts, purcliase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond.may be instituted in any court of competent jurisdiction in the a ocation in which the work or part of the work is located and shall be instituted within two years aftera 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 vo d`or prohibited by law, the minimum period of limitation available to.sureties as a defense in the juris'dictio'n of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other 1'egai requirement in the location where the construction was, to be performed, any provision Inthis Bond conflicting with said statutory or legal requirement shall be deemed deleted herefr•ont and provisions conforming to such statutory or other legal requirement shall be deemed: incorporated herein. When so furnished, the iittent is that this Bond Shall be construed as a statutory bond and not as a comnroilaw bond. § 14 Definitions § 14.1 Balance -of the Contract Price. The total amount payable by the Owner to the,Contractor under the Construction Contract after al'lproper.adjustments have been made,;including:allowance to the Contractor of any anrotmtsaeceived or to be received' by the.Owner in settlement of insurance or.other claims for-damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owners and Contractor• identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 1'4.3 Contractor Default. Failure of the Contractor, which.ltas.not been reiedied or• waived, to pdrform or otherwiseto comply with,a material: term of the Construction Contract. § 140 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required tinder the Construction Contract or to perform and, complete or comply with the other.tnaterial terms of the Construction Contract.. § 14:5 Contract Documents. All the documents that comprise the agreement between the Owner acid Contractor. § 15.If this;Bond is :issued for an agreement between a Contractor and subcontractor•, the term Contractor in this Bond shall be deeniedto be Subcontractor and the term Owner shall be deemed to b'e Contractor. 1 nit. AIA Document A312 —2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: '(Space is p•ovided below for• additional signatures of added parties,. other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corpoiate .5eal) Company: (Coip& ate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED: An original ass Tres that changes will not.bo obscured. Init. AIA Document A31 gym —,2010. The American Institute of Architects: 4 sI1�� ® TM Document A312 - 201 PgyMent Bond No. 106119618 CONTRACTOR: (Arai re legal status and address) Eriksen Construction Co., Inc. P.O. Box 610 Blair, NE 68008 OWNER: (Maine, legal status and address) The City of Blair 218 S. 16th Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $264,000.00 SURETY: (Name, legal stales and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Description: (Ndnne and location) City of Blair Hail Damage Emergency Package Location #3 - Swimming Pool Bathhouse BOND Date: September 23, 2014 (Not earlier than Construction Contract Date) Amount: $264,000.00 Modifications to tarts bond: IN None ❑ See Section 28 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Eriksen Construction Co., Inc. Signattn Name "A I1 it h and Title: \r; Lt, re, 5 I d w, r (4ny additid'nail stgr?atures appear• on the /a, SURETY Conparry: Travelers Signature Name and Title: st page of t111;. This document has important legal consequences. Consultation with an.attompy is encouraged with respect to tts completion or mod'irication. Any singular reference to Contractor, Surety,:Owner:or Other party shall be considered plural where applicable. AIA- bocUment A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and,Payiiient Bond. (Corporate Seal) asu Ity and Surety Compa of America f cq ine L. Drey Attorney -in -Fact s Payment Bond) (FOR INFORMATION ONLY — Ararne, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer• or. other party Constructors Bonding, Inc. HGM Associates, Inc. 14010 FNB Pkwy, Suite 300 640 Fifth Avenue Omaha, NE 68154 Council Bluffs, IA 51501 Init. AIA I)ociiment A312T"' —2010. The. American Institute of Architects. COMO 5 § 1 Tlie Contractor and Surety, jointly and severally, bind themselves, their lieirs, executors, administrators, successors and assigns to flue Owner to pay'for labor, materials:and equipment furhished:for use in the performance of the Construction Contract, which is incorporated herein by-referenec, subject to the following terms. 2 Iftlre Contractor promptly makes payment 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 payment for labor, materials or equipment furnished for use in the perfornance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no'Owner DefattGt under fire Consti action Contract the Surety's obligation to the Owner under tls.Bond shall anise afterthe Owner has promptly notified the Contractor and the Surety (at the address described in ;section 1 of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment funishedfor use in the perfotmance,offhe Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety., § 4 When the Owner has satisfied the conditions in Sect on.3, fire Surety shall prompt{yand.at the Surety's expense defend, indemnify and hold harmless the against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a under this Bond shall arise after the.following: § 5.1 Claimants, who do not have a direct contract with the Contractor, A Have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amountcl'aimed and the name of the:party to whom the materials were, or equipment was, furnished supplied or for whom the labor was. or performed, within ninety (90) days after having last performed labor or'last firnislied materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (attire address described in Section 13), § 5.2 Claimants, who are employed by or`liave a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in: Section 13). § 6 If a notice of icon- payment required b Section 5.1.1 is given by the Owner to tile. Contractor, that is sufficient to satisfy a Claimant's obligation to furnish 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 an answer to tile 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 § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 Tile Surety's failure to discharge its obligations urntier Section 7.1 or Section 7.2 shall unot be deenned 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 haveueaclied agreement, If, however, the Surety fails to discharge its obligations under Section 7.1 or Section M, the Surety shall indemnify!l e Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sutras found to be due.and owing to the Claimant. § 8 The &reVs total obligation shall not. exceed the amount of this, Bond,:plus the amount reasonable attorney's fees provided' under Section 7.3, and the amount of this Bond_shall be credited for airy payments made in good faith by fire Surety. § h Amounts owed by the Owner to the Contractor underthe 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 film sl ing and the Owner accepting this Bond, they agree that all finds 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 tine Owner's priority to usethe'funds for the completion of the work. Init. AIA Document A312 —2010. The Amedcanlnstitute&Archltects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the. Contractor thatare unrelated to t1e'Construction Contract. The Owner shatt not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have tinder 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 Tlie Surety hereby waives notice of any change, including changes of time, to the Constiuction Contract or to related subcontracts, purchase- orders and other obligations, § 12 No suit or shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state fit which the project that is, flip subject of the Construction Contract is located or after the expiration of one yeanfront the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section.5.1,2 or 5.2, or(2)Ion which the last.labor or service was performed by anyone orthe last materials or e'uipmentwere f trnishe'dhy anyone under the-Construction Contract, whichever of (l) or (2) first occurs. If the provisions of this Paragraph are void or;prohibited by taw, the mininiutti;period of l ifiltation available to sureties as a defense in the jurisdiction ofthe shit shall be app'licabl'e. 13 Notice and Claims to the Surety, the Owner or the ContractorAialf be mailed or delivered to the address shown on the page on which their signature appears. Actual r•eeeiptof notice or Claims, however accomplished, shall be sufficient compliance as of the date received.. § 14 When this Bond has been furnished to comply witli z statutory or other regal 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 berefrom and provisions conforming to such statutory or other legal Yequirement sliall'be deemed incorporated herein. When so furnished, the intent is that this Bond shall he construed as'a statutory and not as a common law 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 slial!l permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a n iilinithh: .1 the native 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 furni stied for use in the performance of the Construction Contract; .4 a brief deseeiption of the labor, materials or equipment fiftislied ,5 the, date on'which the Claimant last.performed labor of last Punished materials or equipment for use in the performance oftlie Construction Contract; 6 the total amount earned by the Claimant for labor, materials or equipment.-furnished as of the date of the Claim; .1 the total amount of previous payments received by the Claimant; and .8 the total amount clue 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 includesny.individual:or entity that'has rightfully asserted a claim under an applicable mechanic's. lien or sitiiilar statute against the real property.upon which the Project is located. Tlue intent of this Bond shall be to include without limitation in the, terms "labor, naterials or equiprt►ent" 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 Contractorand the. Contractor's subcontractors, and all other items for which a mechanic's lied may lie asserted in the:jurisdiction where the labor, materials or equipment were furnished, § 16.3 Construction Contract. The agreement between the Ownerand Contractor identified on the cover page, including all Contract Documents and all -changes made to the agreement and the Contract Documents. Init. AIAUocument A312 -2010. The American Institute of Architects. 91 6.4 Owner Default, Failure of the Owner, which .has not been remedied or waived, to pay the Contractor as required under the CongtrUdion Contract or to :perform and complete or comply with the otber.material terms of the Construction Contract. § 16.5 Contract Documents. All the:documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond, is issued for an, agreement between a Contractor and subcontractor, the term Contractor in th is Bond shall be deemed to be Subcontractor an([ the term Owner `shall be deemed to be Contractor. § 18 Modifications to this -bond areas follows: (Space is provided Belo. w for additional s gnafures• of added pantie,, other than those.appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company- (C:orporaie Sea[) Company: (Cotpoiate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You at ouktolgn itn original AIA Contract Documont; on whioh.thls toxt apponre in RED. An o4ginai,aosuros that changos will not be obscured: Init. AIA Document A312 111 -2010. The American Institute of Architects. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS 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. 0 05975337 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 busness of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or penriit'[ed any actions or- proceedings allowed by law. V, �. a IN WITNESS WHEREOF, the Companies have caused this instrument;to be signed and seals to be hereto affixed, this 8t h day of July 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty �Insurance` Company Travelers Casualty and Surety Company Fidelity and Guaranty Insu'rance 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 GAS U,� 1YU/,� FAE 4b"a'hn .;G ...���:NSUgq ••,, yJP:,tY ANDS fiSUq(Tp�,q, \Ot�1YA�(i Or O� ° RIJ T �' V +44PMaa � Gy 4� .. y � rQOONPOR 9� 3 OJ.. .. ti 3 ' Ci n ° + INCCAPORNTED° x mot` >t m, r Si w %ooaeoe 10, 5• a0tm s ••••• .° w HARTFCHD, 4H4RfF'CFW,I� � �• c "'�'E Jb �' 1951 a ti m ` },�`•• S E B 1, es �':, ° e CCNN. o ` CDNN. j g 1896 ''2,. °•> °i'•, is SE.iLL;tae by d �/ � a � L a. •.......r v a'tY v.... ...: °s . + D � � J State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 8th day of July 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0.1LR In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. p�L�p ik Ct Marie C. Tetreault, Notary Public 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 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 Unit de fates Fideligand Giaranty Company do, hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compi&, hi in fiill force and ' and has not been revoked. y 11�) IN TESTIMONY WHEREOF, I have hereunto set my hand and�4N6a the -seas of 'said �ompanies this 23rd day of September 20 14, XV w Kevin E. Hughes, Assistant Sec tart' ASU Qp � FIftE F.e* H IN `" ............ W ry J p�tY ANp �µpSYgEh. �ITYA�' od „GAfI /. V � °0 � 9 A'p 'G i ... + .... P .Q�ORPOhAj•'�S 3 Q�' POAAY ' � o ih "s Up 9 F � � V� � � �i n 1.977 d x a ,.. F•�"' mioc �... e+ a a S r �NC�fwtto 7 9 8 2 0 �^, �" • 8 i n i a HAgTFOPD, H19rFUND 7896 x * n 7 o P w. CDNN. n GOYN, n SE16.L i.� b * � L ��ywio,uu c0 a� `� S..v ��' a. S .....,• r d° >y 1 r L� � �d.. +rx� 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 OP ID: LO CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDD/YYYY) 09/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marcotte Insurance Agency Inc 11422 Miracle Hills Drive #100 CONTACT Lori Menichetti PHONE FAX Arc No El l . 402-398-9009 Arc No : 4O2- 398 -0917 E -MAIL lmenichefti@marcofteins.com ADDRESS: Omaha, NE 68154 - 4420 Gregory Paulsen CPCU, ARM INSURER($) AFFORDING COVERAGE NAIC # INSURER A: Travelers Insurance 24775 EACH OCCURRENCE INSURED Eriksen Construction Co, Inc. Attn: Tim Shaw INSURERB. X COMMERCIAL GENERAL LIABILITY �- X 2546 S Hwy 30 INSURER C : 04/01/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 Blair, NE 68008 -0610 INSURER D : INSURER E : INSURER F: COVF_RAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE POLICY NUMBER MMIDD /YYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X DTC07331PO90 04/01/2014 04/01/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 5,00 CLAIMS -MADE 1XI OCCUR PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,00 $ POLICY X PRO LOC AUTOMOBILE LIABILITY ED a d eer SING LIMIT $ 1,000,00 BODILY INJURY (Per person) $ A X ANY AUTO DT8107331PO90 04/01/2014 04/01/2015 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PER AC IC DENT) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 A EXCESS LIAB CLAIMS -MADE DTSMCUP7331PO90 04/01/2014 04/0112015 DED FX RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) NIA X DTNUB7331PO90 04/01/2014 04/01/2015 X WC STATU- OTH- TOR LIMITS E E.L. EACH ACCIDENT $ 50 0,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,00 If , ,describe describe under DESCRIPTION OF OPERATIONS below A Builders Risk QT6602882CS71 04/01/2014 04/0112015 Projects 6,000,00 Deduct 1,00 DESCRIPTION OF OPERATIONS / 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 Pckg -Loc #3 - Swimming Pool Bathhouse. A waiver of subrogation in favor of the additional 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 REPRESENT O © 1988 -2010 ACORD CORPORATION. All rights reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD