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Eriksen-Package D-Various LocationsM,A r 1 11 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Z V day of in the year Two Thousand Fifteen BETWEEN the Owner: City of Blair, Nebraska 218 So. 16th Blair, Nebraska 68008 Telephone Number: (402) 426 -4191 Fax Number: (402) 426 -4195 and the Contractor: Eriksen Construction Company, Inc. 2546 South Hwy 30 Blair, Nebraska 68008 -0610 for the following Project: City of Blair - Hail Damage Phase H - GROUP D Numerous Locations within the City of Blair, Nebraska The Work includes but is not limited to remove and replace exterior Holiday Lighting at numerous locations. Refer to bidding documents for description of work per each location. Bidding documents are included with specifications. 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. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 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 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 11:41:56 on 05/07/2015 under Order No.7955845282 1 which expires on 04/29/2016, and is not for resale, (1215983690) User Notes: TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT AND SUBSTANTIAL COMPLETION 3 DATE OF COMMENCEMENT 4 CONTRACT SUM 5 PAYMENTS g DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION g MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS itions of the Contract (G e eneral, Supp l emen tary and other The Contract Documents consist of this Agreement, Cond Conditions), Drawings, Specifications, Addenda issued prior to execut eement, all o f A greement, other documents listed form the Contract, and are in this Agreement an d Modifications issued after execution o or repeated this Agr e as y p supersedes full a art of the Con 1 Contra as if attached to this Agreement eated herein. The Contract represents the entire and integrated agreement between the p�he Docume s rya °aModificat on a eeme appears in Article 9. ttons or agr either written or oral. An enumeration of Contract ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated m the Contract Documents to be the responsibility of others. eement unless a different date is stated ARTICLE 3 DATE OF 1eo th ok shall S the date of this Agr 10 § 3.1 The date of comet below or provision is made for the date to be fixed in a notice to proceed issued by the Owner- I Work will not start until September 1, 2015 es and other security interests, the If, prior to the co men.c sll be as fol the Owner requires time to file mortgages Owners time req Not Applicable (N /A) § 3.2 The Contract Time shall be measured from the date of commencement. days from the date § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) Y of commencement, or as follows: I (paragraph deleted) The project shall be complete by October 31, 2015. Substantial Completion Date Portion of Work Substantial Completion hange o r k unless October 31, 2015 I extended by app ,M _ 2007. Copy g ® rotected by U.S. Copyright Law and International Treat: p to the AIA Document A101 ri ht ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. g onion of it, may result in severe civil and criminal penalties, and will be p Institute of Architects. All ri hts reserved. WARNING: This AIA Document is p reproduction or distribution of this A10 Document, or any p (1215983690) maximum extent possible under the law. This documentwas produced by AIA software at 11:41:56 on 05/07/2015 under Order No.7955845282_1 which ewes on 04129/2016, and is not for resale. User Notes: , 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 $250.00 for each and every calendar day that the Contractor is in default of substantial completion of the work under this Contract. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Seventy -seven Thousand Dollars and Zero Cents ($ 77,000.00 ), 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 the Owner: N/A § 4.3 Unit prices, if any: (Paragraph deleted) Item Units and Limitations Price Per Unit ($0.00) N/A § 4.4 Allowances included in the Contract Sum, if any: (Paragraph deleted) 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 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 (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. (Federal, state or local laws may require payment within a certain period of time.) § 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, 1956, 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 11:41:56 on 05/07/2015 under Order No.7955845282_1 which expires on 04/2912016, and is not for resale. User Notes: (1215983690) § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 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 offthe site at a location agreed upon in writing), less retainage of Five percent( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (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 finar 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. I 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 4 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:41:56 on 05107/2015 under Order No.7955845282_1 which expires on 04/29/2016, and is not for resale. User Notes: (1215983690) § 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 courl 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 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 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 11:41:56 on 05/07/2015 under Order No.7955645282_1 which expires on 04/2912016, and is not for resale. User Notes: (1215983690) § 9.1.3 The Supplementary and other Conditions of the Contract: Document ALL SECTIONS § 9.1.4 The Specifications: (Paragraphs deleted) Section ALL SECTIONS § 9.1.5 The Drawings: N/A Number § 9.1.6 The Addenda, if any: Number Addendum No. 1 Title Date Date Pages April 1, 2015 3 Pages INCLUSIVE Pages INCLUSIVE 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: N/A 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. Title Project Manual for Hail Damage Emergency Package, Phase H GROUP D, City of Blair, Nebraska INCLUDING Contract Documents and Specifications and Site Information and Plans Title Project Manual for Hail Damage Emergency Package, Phase II GROUP D, City of Blair, Nebraska INCLUDING Contract Documents and Specifications and Site Information and Plans Date FEBRUARY 2015 Date FEBRUARY 2015 Init. AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:41:56 on 05/07/2015 under Order No.7955845282_1 which expires on 0412912016, and is not for resale. User Notes: (1215983690) 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. L.., OW ignature) City of Blair, Nebraska C0NTRAC Tdf Signature) Eriksen Construction Company, Inc. (Row deleted) 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 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 11:41:56 on 05/07/2015 under Order No.7955845282_1 which expires on 04/2912016, and is not for resale. User Notes: (1215983690) �4 CERTIFICATE OF LIABILITY INSURANCE 05/12 /2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, 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 1 -866- 220 -4625 NAM coNTA E: CT Holmes Murphy and Associates - Omaha PHONE FAX No: E -MAIL A X COMMERCIAL GENERAL LIABILITY X X CLP3618604 04/01/15 2637 South 158th Plaza ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Suite 200 Omaha, NE 68130 INSURERA: BITUMINOUS CAS CORP 20095 INSURED INSURER B: TRAVELERS PROP CAS CO OF AMER 25674 INSURER C $ 1,000,000 Eriksen Construction Co., Inc. INSURER D: GENERAL AGGREGATE $ 2,000,000 2546 S. Highway 30 INSURER E $ 2,000,000 INSURER F: $ Blair, NE 68008 COVERAGES Lr m Iirii r+laIvv/rlLcr%,-- - --- OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO - - THE INSURED - -- -- NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED, NOTWITHSTANDING ANY REQUIREMENT, PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INS ADDL SUER POLICY EFF INSURANCE POLICY NUMBER MM/DD POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY X X CLP3618604 04/01/15 04/01/16 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300,000 CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ❑PRO- ❑ X X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY JECT OTHER: P3618605 04/01/15 CA P3618605 04/01/16 EeaccideDS SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED BODILYINJURY(Peraccident) $ PROPERTY t DAMAGE Pera cciden $ AUTOS AUTOS NED Ix HIREDAUTOS AUTOS B X UMBRELLA LIAB HCLAIMS-MADE OCCUR ZUP- 15582187 -15 04/01/15 04/01/16 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB DED RETENTION$ PER OTH- A WORKERS COMPENSATION X WC3118603 04/01/15 04/01/16 STATUTE ER E.L. EACH ACCIDENT $ 500,000 AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ 500,000 OFFICERIMEMBEREXCLUDED? NIA (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: City of Blair - Hail Damage Phase II - Group D Insureds on a Primary and Non- Contributory basis, including City of Blair & HGM Associates, Inc. are Additional 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. 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 AUTHORIZED REPRESENTATIVE Blair, NE 68008 ° i_ USA nnn nneonM AVIMKI All Anhfc r arvurl ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD kworkmanne 43839094 WWI AIA Document A312 TIM - 2010 Performance Bond No. 106186183 CONTRACTOR; SURETY: (Marne, legal status and address) (Marne, legal status and principal place Eriksen Construction Co., Inc. of business) P.O. Box 610 Travelers Casualty and Surety Company Blair, NE 68008 of America OWNER: (Nance, legal statics and address) The City of Blair 218 S. 16th Street One Tower Square Hartford, CT 06183 Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $77,000.00 Description: (Nable and location) City of Blair - Hail Damage Phase II - Group D BOND Date: May 12, 2015 (Not earlier than Construction Contract Date) Ainount: $77,000.00 Modifications to this Bond: N None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company; (Corporate Seal) Company: (Corporate Seal) This document has Important legal consequences. Consultation with an ; att6ri9ey Is encouraged with respect to Its completion or m, odifieation. Any singular referende to Contractor, Surety, •Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Eriksen Construction Co., Inc. Travelers (;4suaity and Surety ComparV of America Signature: Signature: i 441k v Name 1 '»+n' 1' 1 Name J4Uqu4flUe L. Drey and Title: Pr'j,, r and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Perfortrtance. Bond.) OR INVORmATION ONLY— Arame, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE. (Architect, Cnghteer or other parry) 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 A319'rm —2010. The American Institute of Architects. 061110 1 1 The Contractor and Surety, jointly and severally, bind themselves, theirheirs, executors, administrators, successors and "assigns to the Owner for theperforinance of the ConsttIt tion 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 pat•tic pate n.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 tie Owner is considering declar►ng a Contractor Default. Such notice shall indicate whether the Owner is requesting, a conference -among the Owner, Contractor and Surety to.discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owoe. r':s notice, request such a conference. If tfre Surety timely requests a conference, the Owner shall attend Unless the Owner agrees otherwise Any conference requested under this Section 3.I..sl all be. held wrthh ten (10) business days of the Surety's receipt: of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor 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 or to a contractdr selected to perform die Construction Contract. § 4 Failure on the part of the Owner-to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply, with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 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; § 51 Undertake to .perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and coitipletion 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 tie secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess. of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its tight to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, snake payment to the Owner; or .2 Deny liability in whole or in part and notify the.Owner, citing the reasons for denim. §,0 If the Surety does not proceed as provided in Section 5 -with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be, entitled to enforce any remedy available to the Owner. Ifthe Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety. has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Rocument AMW —2010. The American Institute of Architects. § 7 If the. Surety elects to act under Section 5.1, 5.2 or 5.1, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to'the Surety shall not be greater than those of the Owner gander 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 I the responsibilities of the Contractor for correction of defective work and completion of the Construction Co ntract; 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 do liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5:4,the Surety's liability is limited to the amount of this Bond. 9 The .Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced of <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 Owneror its heirs, executors, administrators, successors and assigns. 10 The Surety.liereby waives notice of any change, including changes of tithe, to the Construction Contract or to related subcontracts, purchase orders and otherobl'igations. 11 Any proceeding, legal or equitable, under this Bond may be instituted fn any court of competent jurisdiction in the location in which the work or part of the work is located.and shall be instituted within two years after a declaration of Contractor Default or within two years after the. Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first, If the provisions of this Paragraph are void or prohibited by taw, the niiuitnum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner 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 legal requirement in the location where the constucfionwas to lie performed,. any provision in this Bond conflicting with said statutory or legal requirement shallbe deemed deletedlierefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is thatthis.Bond shall be construed as a statutory bond and not as a common law bond, § 14 Definitions 14,1 13alaace of the Contract Price. Tl a total l tit payable by the Owrier to the Contractor under the Construction Contract after all proper adjustiaents have been grade, Including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. nd including all Cor t Documents changes trade to agree and the o Contra t Documents, cover page, § 14.3 Contractor Default. Failure of the Contractor; which has not : been. rt iedied or waived, to perform or otherwise to comply with a material term of the Construction Contract, 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and 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 the term Owner shall be deemed to be Contractor. ANA Document A312*" 2010. The Amedcan institute of Architects. Init. § 16 Modifications to this botd.are as follows: (Space is providdd belm for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Cwpot•nte Seal) Company: (Coi j orate Seal) Signatum Name and Title: Addi css Signature: Name and Title: Address CAU 91ON. in You should sign an original AIA Contract Document, on which this text appears Chan RED. An oriylnal assures that es will not be obscured. Init. AIA Document A312TM — 2010. The American Institute of Architects. a TM Payment BOtld No. 106186183 CONTRACTOR: (Name, legal status and address) Eriksen Construction Co., Inc. P.O. Box 610 Blair, NE 68008 OWNER: (Wante,, legal statzts and address) The City of Blair 218 S. 16th Street Blair, NE 68008 CONSTRUCTION CONTRACT Date: Amount: $77,000.00 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Description: (Maine and location) City of Blair - Hail Damage Phase II - Group D BONI) Date: May 12, 2015 (Not earlier than Construction Contract Dale) Amount: $77,000.00 Modifications to this tend IN Nolte 0 See Section 18 This document bas important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to' Contractor,, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and e Payment Bond, into one form. This Is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Cot porate Seat) Company; (Coiporale Seal) Eriksen Construction Co., Inc. Travelers Casualty and Surety Co ny of America Signature: Signature: Name T�.� -n j j E,,., Name ac line L. Drey and Title: �� ti J�. r and Title: ttorney -in -Fact (4ny additional signatures appear oil. the last page of `chi's Payment Boni.) (F0,R INFORAL4 PION 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 AIA Document A312T" — :2010. The American Institute of Architects. osi uo I r1it. 5 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subjectto the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds Harmless the Owner from claii s, demands, liens or silts 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. § 31f there is no Owner Default under the Construction Contract, the Surety's obligation to the owner under this Bond. shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens orsuits:against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend indemnify and Bold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after: the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 Have furnished. a written notice of non - payment to the Contractor, stating with .substantial accuracy the Amount claimed and the na wh me of the party to whom the materials were, or equipment was, f crti she..d or supplied or for om the labor was done or performed, within ninety. (90) days after Having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 43); § 5.2 Claimants, who are employed by or Have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a, notice of non- payinent required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of molt- payment under Section 5.1, L § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at` he Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a. copy to tile. Owner, within sixty (60) days after receipt of the Claim, stating the amounts that ale undisputed and the basis for challenging any amounts that are disputed and § 7.2 Fay or arrange for payment of any undisputed amounts: § 7.3-.The Surety's faihue.to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses tile, Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reaclied agreeniecit.1 however the. Surety fails to discharge its obligatons.under Section 7.1 or Section 7,2, the Sutety shall indemnify the Claimant for the reasonable attorney's fees the Claimant inctiis thereaftet to 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 73, and file amount of this Bond shall be credited for any payments made in good faith by the Surety.. § 9 Amounts owed by -the owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any constriction performance bond. By the Contractor furnishing and the Owner accepting this Bond, tliey 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 tine 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, Claimatts' or others for obligations of the Contr . 6 chat are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under.this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction #n the state In which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section, 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or.(2) first occurs if the Provisions of this Paragraph are void or prohibited by law, the minimum period of (I'll -tiou available to sureties as a defense in the jurisdiction of the salt: shall be applicable. § 13 Notice and Claims to the Surety, . the owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Clairiis, however accomplished, shall be sufficient compliance as of the date received. 1$ When this Bond has been furnished to, comply with a statutory or other:legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted lerefrom and provisions confor►ning to suchstatutnry or other legalregturement.shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a.statutory bond and not as a common law bond. § 15 Upon request by any 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 mininiurn. .1 the nameof the Claimant; .2 the name oftlie person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or :purchase order pursuant.to which.labor, materials or equipment-was furnished for use in the performance of the Construction Contract; A a brief description oftlie labor, materiels s or equipment furnished .5 the date on which the Claimant last perfortned.labor or last furnished materials or equipment for use in the performance of the Construction Contract; ,6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .$ the total amount flue and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant, An individual or entity Having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for .use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable me.chanies lien or similar• statute.against the real property upon which the Project is located. The intent of this Bond shall be to include wititout'lttritation inthe terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which arnechanies lien may be asserted In the; jurisdiction where the labor, materials or equipment were furnished. § 16.3 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 Docurrient A312;M - 2010. The American Institute of Architects. 16.4 Qwner.Defatilt. Failure of the Owner, which has.tlotbeen remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or com(�ly With the other material terms of the Construction .Contract. § 16.5 Contract Documents. Alt 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 p arties, other than those appearing on the cover page) CONTIZACTOR AS PRINCIPAL SURETY Company: (CotporateSeal) Company: {CofporaMSeal) Signature: Name and Title: Address Signature-: Naive and Title Address CAUTION; You should sign On original AI,A Contraot Dooumont" on which this toxt appoare In RED. An original assuros that changes will not be obscdred. Intt. AIA Document A312 -2010. The Arnedca Institute ofArchitects. THIS POWER POWER OF ATTORNEY TRAVELERS J 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 Attorney -In Fact No 228525 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0061 2 4803 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�usiTress of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any - actions or- proceedings allowed by law. i - 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 2014, Farmington Casualty Comp A 11 i ;t „ Z*a `'' St. Paul Mercury Insurance Company Fidelity and Guaranty suranee 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 � 4 •'G t• p � ,n /- ai' 'b O ° IHCDRPORATED yO N y� �tC�RPORA yb q + S '' 1951 �:3EALl 'S' +. SF. ALj se ry � �'� "bid �� �� ba ts �~•�N�a ! v�,, ,. as s �a � ��v r�,q 1 State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 26th 4 day of September 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. p,TEt In Witness Whereof, I hereunto set my hand and official seal. �� � W �" � • �����'�^ -^� My Commission expires the 30th day of June, 2016. pG * Marie C. Tetreault, Notary Public ..58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER