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Eriksen-Package C-Various Locations
*AIA Document TM Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the y day of a in the year Two Thousand Fifteen ADDITIONS AND DELETIONS: - _ - - - _ - - (Paragraph deleted) The author of this document has BETWEEN the Owner: added information needed for its completion. The author may also City of Blair have revised the text of the original 218 So. 16th AIA standard form. An Additions and Blair, Nebraska 68008 Deletions Report that notes added Telephone Number: (402) 426 -4191 information as well as revisions to the Fax Number: (402) 426 -4195 standard form text is available from the author and should be reviewed. A vertical line in the left margin of this I and the Contractor: document indicates where the author has added necessary information Eriksen Construction Company, Inc. and where the author has added to or 2546 South Hwy 30 deleted from the original AIA text. Blair, Nebraska 68008 -0610 This document has important legal for the following Project: consequences. Consultation with an attorney is encouraged with respect City of Blair - Hail Damage Phase H - GROUP C to its completion or modification. Location No. 01 -City Hall/Fire Station AIA Document A201 TM -2007, Location No. 02- Library General Conditions of the Contract Location No. 04- Steyer Park for Construction, is adopted in this Location No. 05- Stemmermann Park document by reference. Do not use Location No. 06- Lions Park with other general conditions unless Location No. 07- Bob Hardy RV Park this document is modified. Location No. 08- Black Elk Location No. 09- Veterans Field Location No. 10 -Waste Water Treatment Plant Location No. 11 -Water Treatment Plant Location No. 12- Old Pump House /Storage Location No. 13- Animal Shelter Location No. 14- Cemetery Location No. 24- Fish Cleaning/Restroom & Park Shelter Location No. 27- North Fire Station Location No. 28- Police HQ Location No. 35- Veterans Plaza Location No. 39- The Depot The Work includes but is not limited to the replacement of roofing, replace interior finishes, repair or replacement of exterior wall materials, mechanical and electrical items that were damaged caused by hail at various City buildings. Materials include but are not limited to EPDM, EIFS, drywall patching/replacing, manufactured metal roof panels, replace signs, overhead door panel replacement, windows replacement, wood siding repair /replacement and painting. Mechanical and electrical systems are included in the work. Refer to bid proposals and bidding documents for description of work per each location. Bidding documents are included with specification book per location. 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 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 11:38:42 on 05/07/2015 under Order No.7955845282_1 which expires on 04129/2016, and is not for resale. (1935027032) User Notes: The Architect: HGM Associates Inc. 640 Fifth Avenue Council Bluffs, Iowa 51501 -6427 Telephone Number: 712 - 323 -0530 Fax Number: 712- 323 -0779 The Owner and Contractor agree as follows. 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 6 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 ofthe 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. N/A 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: N/A § 3.2 The Contract Time shall be measured from the date of commencement. AIA Document A101TM — 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 2 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 11:38:42 on 05/07/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale. (1935027032) User Notes: § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: I (Paragraph deleted) The project shall be complete by October 31, 2015. Portion of Work Substantial Completion Date Substantial Completion of all work unless October 31, 2015 extended by approved change order subject to adjustments of this Contract Time as provided in the Contract Documents. -( Paragraph- deleted) - - - - - - If the Contractor shall fail to do so, the Contractor agrees to pay the Owner as liquidated damages and not as a penalty, the sum of $250.00 for each and every calendar day that the Contractor is in default of substantial completion of the work under this Contract. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Eighty -three Thousand Eight Hundred Forty Dollars and Zero Cents ($ 1,083,840.00 ), 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 the Owner: Alternative Number One: Power wash and paint west, south and east walls of Park Shelter at Steyer Park: $1,200.00 Alternative Number Two: Power wash and paint south, west and east sides of bathroom at Lions Park: $1,200.00 Alternative Number Three: Power wash and paint south, north and east walls of the bathroom building at Bob Hardy RV Park: $1,600.00 Alternative Number Four: Power wash and paint south and east walls of storage building at Vet Field: $900.00 Alternative Number Five: Power wash and paint the south and east walls of the restroom building at Optimist Park: $1,200.00 Alternative Number Six: Power wash and paint the east wall of the police station: $1,200.00 Alternative Number Seven: Replace bricks for old louvers (4) at wastewater treatment building: $540.00 Alternative Number Eight: Power wash and paint the south and east walls of the cemetery maintenance building: $1,800.00 Alternative Number Nine: Remove existing coating on tennis courts by shot blast and resurface courts: $12,700.00 AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 11:38:42 on 05107/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale. User Notes: (1935027032) § 4.3 Unit prices, if any: Unit Prices will only be used if there is a need: Item Units and Limitations Price Per Unit ($0.00) Unit price for remove and replace ceiling tile at Location No. 1 -City Hall/Fire Station SF $6.00 Remove and replace insulation at metal building roof.2. Unit price for remove and replace damaged sound batt insulation above ceiling at Location No. 1 -City Hall/Fire Station SF $4.00 Unit price for remove and replace ceiling tile at Location No. 2- Library SF $6.00 Unit price for remove and replace roof sheathing. SF $4.00 Unit price install and paint drywall SF $8.00 Unit price install metal studs for soffits at Location No. 1 City Hall/Fire Station SF $16.00 § 4.4 Allowances included in the Contract Sum, if any: Item Price N/A 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 worldng 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 (Paragraphs deleted) § 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 Forty Five ( 45 ) days after the Architect receives the Application for Payment. § 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. AIA Document A101 TM —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This documentwas produced by AIA software at 11:38:42 on 05/07/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale, User Notes: (1935027032) § 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 (Paragraph deleted) , .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: 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: N/A 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. N/A AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:38:42 on 05/07/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale. User Notes: (1935027032) § 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: I [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 legal rate prevailing from time to time at the place where the Project is located. 0 % ZERO PERCENT § 8.3 The Owner's representative: Al Schoemaker City of Blair 218 So. 16th Blair, Nebraska 68008 § 8.4 The Contractor's representative: Eriksen Construction Company, Inc. 2546 South Hwy 30 Blair, Nebraska 68008 -0610 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. Init. AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software at 11:38:42 on 05/07/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale. User Notes: (1935027032) § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages ALL SECTIONS Project Manual for Hail FEBRUARY 2015 INCLUSIVE Damage Emergency Package, Phase H GROUP C, City of Blair, Nebraska INCLUDING Contract Documents Specifications and Site Information and Plans § 9.1.4 The Specifications: (Paragraphs deleted) Section Title Date Pages ALL SECTIONS Project Manual for Hail FEBRUARY 2015 INCLUSIVE Damage Emergency Package, Phase II I GROUP C, City of Blair, Nebraska INCLUDING Contract Documents and Specifications and Site Information and Plans § 9.1.5 The Drawings: (Paragraph deleted) N/A Number Title Date § 9.1.6 The Addenda, if any: Number Addendum No. 1 Addendum No. 2 Date Pages April 1, 2015 1 -32 April 7, 2015 1 -4 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: N/A .2 . Other documents, if any, listed below: City of Blair — Hail Damage Phase H GROUP C Schedule of Values, attached 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 t maximum extent possible under the law. This documentwas produced by AIA software at 11:38:42 on 05/07/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale. User Notes: (1935027032) 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. (Paragraph deleted) Type of insurance or bond Limit of liability or bond amount ($0.00) Performance Bond 100% Payment Bond 100% - This Agreement entered as of the dayand year first written above. - - - - - - - - - `�� L�_ YLN 0 ER ignalure) City of Blair, Nebraska (Row deleted) CONTRA T Signature) Eriks m C nstruction Company, Inc. 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 8 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 l maximum extent possible under the law. This documentwas produced by AIA software at 11:38:42 on 05/07/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale. User Notes: (1935027032) Blair Hail II - Package C Eriksen Construction Location 01 -City Hall / Fire Station $1,500 Paint $21,000 HVAC $7,000 Electrical $4,000 Overhead Door $26,500 Drywall $1,100 Carpet $26,000 Ceiling Tile /Insulation $2,200 Equipment Removal $350 - Mobilization $500 Bond $1,200 Supervision $3,500 Overhead $2,500 Total $95,850 Location 02- Library (21(i 517th Street) Paint $550 Drywall $350 Ceiling Tile /Insulation $4,750 Mobilization $150 Bond $100 Supervision $1,000 Overhead $750 Total $7,650 Location 03 Swgrmmmg Pool Chair Lift $1,500 Mobilization $150 Bond $50 Supervision $250 Overhead $250 Total $2,200 Location 04- Steyer Park (1760 Lafayette Street) Paint $7,250 Overhead Door $3,100 Sign $6,200 Park Slide Topper $1,500 Mobilization $500 Bond $450 Supervision $3,000 Overhead $1,500 Total $23,500 Location 5 - Stemmerman Park [950 Jackson St) Paint $5,500 Electrical $32,000 Metal Roof $2,500 Sign $3,800 Paint Tennis Court $19,900 Demolition $2,750 Slide Replacement $11,500 Windguard Replacement $3,000 Mobilization $4,500 Bond $1,100 Supervision $5,500 Overhead $3,750 Total $95,800 Location 06 - lions Park (1541 Park St) Paint $3,750 Metal Roof $4,000 Sign $3,500 Mobilization $250 Bond $150 Supervision $1,200 Overhead $800 Total $13,650 Location 07-- Hardy RV Park (1901 Nebraska St) Paint $2,750 - - - - - HVAC - - - - - - $500 - Electrical $1,700 Siding $900 Mobilization $500 Bond $100 Supervision $1,000 Overhead $500 Total $7,950 Location 08 -Black Elk Park (3100 College Drive) Paint $4,500 Electrical $2,500 Sign $5,900 Mobilization $0 Bond $175 Supervision $1,500 Overhead $750 Total $15,325 Location 09 - Vets Field (1301 Butler) Paint $3,600 HVAC $1,600 Overhead Door $3,000 Metal Roof $25,000 Sign $3,500 Flat Roof $8,500 Bleacher $28,000 Netting $22,000 Outfield Fence $20,000 4" Fence $9,500 Hollow Metal Doors /Frames $6,000 Mobilization $3,000 Bond $2;000 Supervision $9,000 Overhead $6,000 Total $150,700 Location 30 -Waste Water Yreatment Plant (85 Paint $5,500 HVAC $25,000 Electrical $68,000 Overhead Door $13,500 Glass $5,500 Siding $3,000 Mobilization $2,500 Bond $1,500 Supervision $5,000 Overhead $4,000 Total $133,500 Location 11-Water Treatment Plant (742 E Fait _ Paint $750 HVAC $28,000 Electrical $25,000 Overhead Door $7,000 EIFS $83,000 Gutters /Downspouts $1,500 Mobilization $2,500 Bond $1,500 Supervision $5,000 Overhead $2,000 Total .$156,250 Electrical $100 Overhead Door $2,500 Glass $4,000 Mobilization $0 Bond $100 Supervision $250 Overhead $200 Total $7,150 Location l3- AnimaIShelter (1475.4th Street); Paint $250 HVAC $13,000 Electrical $1,000 Mobilization $150 Bond $175 Supervision $1,000 Overhead $500 Total $16,075 Location 14 - Blair Cemetary Paint $5,000 Gutters /Downs $750 Siding $800 Mobilization $1,500 Bond $100 Supervision $1,000 Overhead $500 Total $9,650 Paint $3,000 Flabpole Balls $500 Mobilization $500 Supervision $750 Bond $100 Overhead $750 Total $5,600 Location 27 -North Fire Station (1873 Nebraska Street) Paint $900 HVAC $19,000 Electrical $8,500 Overhead Door $21,250 Flag Pole Balls $500 Mobilization $1,000 Bond $450 Supervision $3,000 Overhead $2,500 Total $57,100 Location 28 - Police Headquarters (1730 Lincoln Street) Paint $17,500 Electrical $19,000 EIFS $85,000 Light Pole Base $1,200 Mobilization $2,000 Bond $1,400 Supervision $4,000 Overhead $3,000 Total $133,100 Location 35 -VeteransPlaza:(103512thStreetJ Paint $3,000 Electrical $59,000 Park Benches $7,000 Flagpole Brass Balls $2,000 Mobilization $1,000 Bond $1,000 Supervision $2,500 Overhead $1,200 Total $76,700 Location 37 - AirportResidence (1129_CO RD 38) Paint $1,200 Drywall $850 Exterior Insulation $500 Mobilization $500 Bond $75 Supervision $1,250 Overhead $750 Total $5,125 Location 39 - The Depot Paint $11,000 Electrical $27,000 Gutters /Downs $5,000 Mobilization $1,500 Bond $575 Supervision $2,250 Overhead $1,300 Total $48,625 Overall Bid $1,061,500 O C DATE (MM/DD/YYYY) 05/12/2015 %a--- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T HIS 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). 1 -866- 220 -4625 fflTACT PRODUCER EX Holmes Murphy and Associates - Omaha E A/C No: . E Ext 2637 South 158th Plaza INSURER(S) AFFORDING COVERAGE NAIC # Suite 200 Omaha, NE 68130 INSURERA: BITUMINOUS CAS CORP 20095 INSURED INSURERB: TRAVELERS PROP CAS CO OF AMER 25674 Eriksen Construction Co., Inc. INSURERC• INSURER D : 2546 S. Highway 30 INSURER E Blair, NE 68008 INSURERF: COVERAGES CERTIFICATE NUMBER 43839103 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. ILTR ADDL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE IN So WVD POLICY NUMBER MMIDD MM /DD A X COMMERCIAL GENERAL LIABILITY X X CLP3618604 04/01/15 04/01/16 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence $ ME D EXP (Anyone person) $ 10, 000 PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG PRO- LOC $ X a $ 2,000,000 POLICY JECT OTHER: CAP3618605 CI-YTLIMIT NED SINGLE LIMIT A AUTOMOBILE LIABILITY 04/01/15 04/01/16 ident $ 1,000,000 INJURY (Per person) $ X ANY AUTO g ALL OWNED SCHEDULED INJURY (Per accident) $ AUTOS AU TOS OWNED RTY DAMAGE $ AUTOS cident X HIREDAUTOS B X UMBRELLALIAB OCCUR ZUP- 15582187 -15 04/01/15 04/01/16 OCCURRENCE $ 10,000,000 EXCESS EGATE $ 10,000,000 CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION X WC3618603 04/01/15 04/01/16 TATUTE ER A AND EMPLOYERS'LtABILITY YIN 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE CH ACCIDENT $ OFFICER/MEMBEREXCLUDEDI � N / ISEASE - EA EMPLOYE $ 500,000 (Mandatory in NH) 5 0 0, 0 0 0 If yes, describe under ISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DE ;CRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Blair - Hail Damage Phase II - Group C City of Blair & HGM Associates, Inc. are Additional Insureds on a Primary and Non - Contributory basis, including Completed Operations on the General Liability, if required by written contract, with respect to the Operations of -the Named- Insured. _ - - - - - - - - - - - - - - A Waiver of Subrogation on the General Liability and Worker's Compensation is in favor of City of Blair & HGM Associates, Inc., if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Blair THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 218 South 16th Blair, PTE 68008 ACORD 25 (2014101) kworkmanne 43839103 AUTHORIZED REPRESENTATIVE ®00— USA ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD _, ® TM - 201 Performance Bond No. 106186182 CONTRACTOR; (Maine, legal status and address) Eriksen Construction Co., Inc. P.O. Box 610 Blair, NE 68008 OWNER: (Name, legal statics and address) The City of Blair 218 S. 16th Street Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $1,083,840.00 SURETY: (Marne, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Description: (Nance and location) City of Blair- Hail Damage Phase II - Group C BOND Date: May 12, 2015 (M61 earlier than Constructon.Contract Date) Atnount: $1,083,840.00 Modifications to this Bond: M None 0 See Seet on 16 This document has iinportaht legal consequences. Consultation with an attorney is eneotraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or Other party shaW4q 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 Cotnpaity; (Corporate Seal) Company: (Corporate Seal) Eriksen Construction Co., Inc. Travelers s an alt d piS�urety Com of America Si Signature nature: : ��+ g 1Vauie Naine J que i L. Drey and Title: Pws, J,_ F- and Title: Attorney -in -Fact (Ariy additional signatures appear on the last page of this Perforinance Bond.) (FOR INlO ,A4ATj0Ar:ONLy_Aranre, address and telephone) - AGENT or BROKER. - - - - - OWNER'S REP-RESENTATI - - (Arc. hitect, engineer or other party) The Harry A. Koch Co. HGM Associates, Inc. 14010 FNB Pkwy, Suite 300 640 Fifth Avenue Omaha, NE 68154 Council Bluffs, IA 51501 asttta Init. AIA Document Ml g — 2010. The American Institute of Architects. � J 1 The Contractor and Surety, jointly and severally bind themselves, their Heirs, executors, administrators; successors And assigns to I the Owner for the petfortnance of the Construction Contract, which is, incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation tinder- this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety drat the Owner is considering declaring a Contractor Default. Stiott notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to.discuss the Contractor's performanee.'I:ftle Owner does not request a conference, the Surety may, within rive (5) business days after, receipt of the - Owner's notice, request such a conference. If the Surety timely requests a conference, fire Owner shall attend Unless the Owner agrees otherwise, any conference requested under this Section 3.1 sl ali be IWId within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor• and the Surety agree, tine 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 tire- Owner has:agreed to pay the Balance-of the Contract Price in accordance witli the terms of the_ Construction Contract to the Surety or to 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 to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake toperform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and' completion of the Construction Contract, arrange 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 baymentbonds executed by a qualified surety equivalent to the Bonds issued oil 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 Contmctor Default; or 15.4 Waive its right to perform and com lete, 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. §,6 Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to - - - $ein default on this Bond seven days - after- recelpt an additional written notice fron;filie Owner -to the - Surety- - - - - demanding that fire 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 leas denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner; lnit. AIA Document A312 —.2610. The American Institute of Architects. l If the. Surety elects to act under Section S. I 52 or 5.3. then the responsibilities of the Surety to the Owner shalt not be greater than those of the Contractor under the Construction, Contract, and the responsibilities of the Owner to tile 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 forcon!ection of-defect. a work 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 iron- perfgrinance of the Contractor. § 8 if the Surety elects to act under Section 5.1, 5.3 ;or 5A, the Surety's liability is limited to tilt amount. of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of tilt . Contractor that are unrelated to ti>e Construction Contract, and the Balance of the Contract Price shall not be reduced oi' 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. 10 The Surety hereby waives notice of any change, including changes of time, to fine Construction Contract or to related subcontracts, purchase orders and otherolligatons. 71 Any proceeding, legal or equitable, under this Bond may to instituted iii any court of coripetent3urisdiction in the location in which the work or part of the work is located and shall be instituted within two years after 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 occu s .first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense iii the jurisdiction 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 oil tie page on which their signature appears.. § 13 When, this Bond has peen furnished to comply with a statutory or other legal req uire in rite location where the construction was to be performed, any provisio- n in this Bond conflicting with said statutory or legal requirement shall be deemed deletedherefrom and provisions conforming to such statutory or otl erlegal requirement shall be deemed incorporated herein. When so furnished,4he intent is that this Bond shall be construed as a statutory bond and not as a conini0 it law bond, § 14 Definitions 114.1- 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 Ownerin 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 betWeentile Owner and Contractor identified on the coverpage, including all Contract Documents and changes made to the agreement and the Contract Documents. 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, 14.4 Owner Default. failure of the Owner, which has not been rented I i edor waived, to pay the Contractor as required under the Construction Contract or to perform and complete or cornply with the other material terms of the Construction Contract, 14c5 Contract Documents. All the documents that comprise the agreement between the Ownerand Contractor. § 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 theterm Owner shall be deemed to be Contractor. Init. AIA Document A312 —2010. The American Institute of Architects. S 1'6 Modifications to this bond are as follows: (Space is provided helw for additional signatures of added parties, other than those appearing on the cover page.) - - CONTRACTOR-AS PRINCIPAL - - - - - - SURETY- - - - - - - - - - - Company: (Co'porale Seal) Company: (Ooipordle Seal) Signature: Signature: Name and Titles Name and Title: Address Address CAUTION: You should sign an original AIA C" ontract Document, onwhich this text appears in htDr An original assiires that chaiiges will not be obscured. Init. AIA Document A312* M- 2010. TheAmedcan Institute ofArchitects. 4 ®'. TM ,® Payment Bond No. 106186182 CONTRACTOR: (Maine, legal status and address) Eriksen Construction Co., Inc. P.O. Box 610 Blair, NE 68008 OWNER: (Natne, legal stales andaddress) The City of Blair 218 S. 16th Street Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $1,083,840.00 SURETY. (Nance, legal statics and principal place of business). Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Description: (Nance and location) City of Blair - Hail Damage Phase it - Group C BOND Date: May 12, 2015 (Not earlier than Construction Contract Bate) Amount: $1,083,840.00 Modifications to this Bond: IN None Cl See Section 18 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion of 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. Tills is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: (Cotporateseal) Eriksen Construction Co., Inc. Travelers Casualty and Surety Compa ofA Signature: Signature: - - Mine - r,; "d rt- i Qj G.. w Nance cq ine L. Drey v and Title: r 4 vrs , J e_ t and Title: ttorney -in -Fact (Any additional signatures appear on the last page of this Rayiicetlt_23ond.) (1 INFORMATION ONLY —Name, address and telephone) - - - - - - - - - - - AGENT or BROKER, - - - - OWNER`S REPRESENTATIVE: - (Architect; Engineer or other party ) The Harry A. Koch Co. HGM Associates, Inc. 14010 FNB Pkwy, Suite 300 640 Fifth Avenue Omaha, NE 68154 Council Bluffs, IA 51501 Init. AIA Document A312TM — :2010. The American Institute Of Architects. 0611 j 12 I 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns io the Owner to pay for tabor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly snakes 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 performance of the Construction Contract, then. the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no.Owner Default u. nder the Construction Contract the Surety's obligation to the Owner under this Bond. shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described In Section i3) of claims, detuands, liens or suits against the Owner or the Owner's property by any person or entity seeking payniei t for tabor; materials, or equipment furnished for use in the performance of the Construction Contract and tendered defense of such clairns,,demands; liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the :Surety's expense defend indentn. ify and hold harmless the Owner against a duly tendered claim, demand, lien: or suit. 5 The Surety's obligations to a Claimant under this Bond shalt arise after the following: S,IL 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 clai med all the dame of tl e party to whom the materials were, or equipment was, fin ished or supplied or for whom the labor was done or performed, within ninety. (90) days after laving last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim 3o the Surety (at the address described in Section 13), § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to tile. Surety (at the address described in Section 13). 6 If a.notice of Lion - payment required by Section 5.1.I is given by the Owner to tine Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of nott- payment tinder Section 5.i,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 the Claimant, with a copy to the Owner, within sixty (60) days after receipt of tile Claim, stating tie amounts that ate undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 73 Tile Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to:a Clain :, 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 the Surety shall indemnify the Claimant for tile reasonable attorney's fee's fife Claimant incurs (hereafter #o recover any sums found to be due and .owing to the Claimant. 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:amountof this Bond shall be credited for city payments made in good faith by the Surety,_ - s - -- - - - § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shalt be used foi• 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 tills 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 tinder this Bond, subject to the Owner's priority to use the funds for the completion. of the work. (nit. AIA Document A312 - 2010. The American Institute of Architects. 10 The Surety shall not be liable to the Owner, Claim. ants or others for obligations of the Contractor thatare 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 Dond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations-to Claimants underthis Bond. § 11 The Surety hereby waives notice of any change, including changes of, tilde, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 1214o 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 fate 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 Clain _ to the Surety pursuantto Section. 5:1.2 or 5.2,, or (2)on which the last labor or service was performed by anyone or the fast 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 minimutu period of lirnitafron available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Ivot'►ce and Claims to the Suiety,, the Owner or the Contractor shall lie mailed or delivered to the address shown on the page on which their signati to 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 w. here the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted lerefron and provisions conforming to suchstatttoty or other legal requirement shat,( be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any 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. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a 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.purcliase order pursuant.to which tabor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of-the labor, iaterials or equipment furnished; .5 the on which the Claimant last per formed labor or last furnished materials or equipment for use Ill the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,_ materials or equipment furnished as of the date of the Claim, .7 the total amount of previous payments ieceived by the Claimant; and .8 the total amount clue and unpaid to the Claimant for labor, materials 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.shnilar statute,against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the tet•ms "labot; materials or equipment" that part of water, gas, power, l glit, Beat, oil, - - - - gasoline; telephane or 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 mien maybe asserted in the jurisdiction where the labor, materials or equipment were furnished. § 161 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Vocument A312TM � 2010. The American Institute of Architects. 7 § 16.4 Owiler.Defa.ult. Failure of the Owner, which has not been remedied. or waived, to pay the Contractor as regttired under the Construction Contractor to perform and complete or comply with the other ttiaterial tei ins 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 this Bond shall be deemed to be Subcontractor and the term Owner shall, be deemed to be Contractor. § 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 A9 PRINCIPAL - -- SURETY - - - - - -- - - Company: (Corporate Seal) Company: (Corporate Seal) S'ignatu- e: Name and Title: Address Signature: Naive and Title: Address CAUTION: You should sign an original Alfl Contract Document,, on which this toxt appears In RED. An original assuros that chenges wilt slot be obscured. tuft. AIA Document A312 *M- 2010. The Arnedcan Institute of Architects. 8 INVALID /� 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. 228525 Certificate No 006124806 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 Leu, Ronald R. Allison, Jacqueline L. Drey, Kevin J. Stenger, and Mark Frantz 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 of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any giions or.proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 26th day of September _ 2 Farmington Casualty C gmpany'� „ 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 United States Fidelity and Guaranty Company ASU lY 41RE�Ma - •"' ENO w "*. TY A/y pnmMOY ,, � Wgt�y� F�STYA//OC ? o pPaq�j �, + ep A� O y r �.� 'P, @• ! = '�`4: ".' 4"91 • oP G diT' , zn �I CORPOR e j e�, 5• W AT's 0 • v, ) < � � ' S F ..... !0= w HARTFORD, V O RD 't:SEAL : State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the - 26th - day of - - S eptember _ _ _ _ _ _ _ _ _ _ 2014 - before me personally appeared RobertL. 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. p,TET In Witness Whereof, I hereunto set my hand and official seal. �l My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. `� cam► C , �.�- Marie C. Tetreault, Notary Public WARNING: THIS POWER O F ATTORNEY IS INVALID WITHOUT THE RED BORDER