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Change Order/-Eriksen ConstructionF, Change Order No. 001 Project Name: Backup Generators HDR Project No.: 134 - 235634 Project Owner: City of Blair, NE Owner's Project No.: Date of Issuance: 4 -2 -15 Project Contractor: Eriksen Construction Co., Inc. Date of Contract: 3 -25 -15 Contract Period: It is agreed to modify the Contract referred to above as follows: Item # ITEM AND DESCRIPTION OF CHANGES CHANGEIN CONTRACT PRICE CHANGEIN CONTRACT TIME Modify Final Completion Date - 155 Calendar Days Difference Net - 155 Calendar Days Summary: It is agreed to modify the Contract referred to above as follows: Contract Price prior to this Change Order Contract Time prior to this Change Order $ 1,939,800.00 December 30, 2015 Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order $ _ 155 Revised Contract Price with all approved Change Orders Revised Contract Time with all approved Change Orders $ 1,939,800.00 June 1, 2016 The changes included in this Change Order are to be accomplished in accordance with the terms, stipulations and conditions of the original Contract as though included therein. Accepted for Contractor Date: Recommende p�l 71 HDR Engineering, Inc.): ,,. e� Date: `f l6 /1r Date: ' Date: Appro r Owner by: Attest: Approved: (Other - when required) Distribution: ❑ Owner 134 - 23 - 005 ❑ Contractor ❑ Office ❑ Field ❑ Other Blair Flood Mitigation - Backup Generators CHANGE ORDER -1 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Blair, Nebraska ( "Owner") and Eriksen Construction Co., Inc. ( "Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Acquisition and installation of backup generators. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: DISASTER NO. 4013, FLOOD MITIGATION BACKUP GENERATORS ARTICLE 3 — ENGINEER 3.01 The Project has been designed by HDR Engineering, Inc 3.02 The Owner has retained HDR Engineering, Inc. ( "Engineer ") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence .A. All time limits for Milestones, if any, Substantial Completion, , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work Will be substantially completed on or before November 30, 2015 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before December 30, 2015 B. Parts of the Work shall be substantially completed on or before the following Milestone(s): 1. Milestone 1 May 1, 2015 a. Wastewater Treatment Plant: 1) Demolition. 2) Main Switchboard. 3) Conduit for generator foundation. EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 90 percent of Work completed (with the balance being retainage). If the Work has been.50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 3 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General' Conditions, Owner shall pay' the remainder of the Contract Price as recommended by Engineer as provided In said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 NOT USED ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of-the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10— MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto Without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive,.or coercive practices in competing for or in executing the.Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. � This Agreement will be effective on 2 1 (which is the Effective Date of the Contract). OWNER: By: Title: Gs— Attest: CONTRACTOR: By: Title: 6 r'"µ (If Contractor is a corporation, a partnership, or a joint venture, attach gvidence authority to sign.) Attest: C 61 C( �2� l Title: t � Title: Address forgiving notices: Address forgiving notices: 2-I � s - 1 S� . 'B r (0 8 - 0 c) 25 + 5 - RW(4 30 P�x (��o License No.: I I 119 (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents. authorizing execution of this Agreement.) EJCDC® C -520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 BID FORM DISASTER NO. 4013, FLOOD MITIGATION BACKUP GENERATORS Addendum No. 2 -October 30, 2014 EJCDC• 0.410, Bid Form for Construction Contracts. . Copyright © 2013 National Society of Professional Engineers, Amercan Council of Engideering Companies, and American Society of Civil Engineers. All rights reserved. Page I E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods,. techniques, sequences, and procedures, of construction to be employed by Bidder, and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examination's, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents,.and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of.the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4— BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing forthe Contract. For the purposes of this Paragraph 4.010: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likelyto influence the action of a pubiicofficial in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non - competitive levels; and FJCDC° C.41D, Bid Form for Construction Contracts. Copyright © 2D13 National societyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices: Item Description Estimated Unit Bid Unit Bid Price No. Quantity Price 1. Water Treatment Plant Backup 1 LS ry r Generators Cbmpfete VU1. �, Z 2. Wastewater Treatment Plant 1 LS e a Backup Generators Complete 400 3. intake Structure Backup Generators 1 LS a Complete .310* 7o a 310,7156 Total of All Bid Items $ 1 1 147, 6 00 Note: State and.local sales and use taxes for materials and equipment incorporated into this Project for Bid items Nos.1 and 3 shall be paid by the Contractor and included in the Bid Price. For current State and local sales and use tax rate, refer to Nebraska Department of Revenue (www. reve n ue. n e.gov). ARTICLE 6 —TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; ARTICLE 8.— DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated In the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. EJCDC• C A10, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, I. and American Society of Civil Engineers. All rights reserved. Page 3 Certificate of Corporate Resolution I certify-that-1-am the Secretary of Eriksen Construction Co., Inc. and that at a meeting of the Board of Directors of this Corporation duly called and held at its office at Blair, Nebraska on this 18 day of November, 2014, the following resolution was duly adopted- and-=is now in full force and- effect: BE IT RESOLVED that Timothy J. Shaw, President, of Eriksen Construction Co., Inc. be authorized to execute on behalf of the Corporation, the following: City of Blair, Nebraska Disaster No: 4013 Flood Mitigation Backup Generators IN WITNESS WHEREOF, I have hereunto affixed my name as the Secretary of the Corporation, and have caused the Corporate Seal of said Corporation to be hereto affixed this 18 day of November, 2014_ c Vicki Du ecretaW - Eriksen - Construction Co., 2546 South Hwy. 30 PO -Box - 61.0 Blair, Nebraska 68008 Phone: 402-426-3119 State of Incorporation: Nebraska CORPORATE SEAL E_ JCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CO NTRACTO R (name and address): Eriksen Construction Co., Inc. 2546 S. Hwy. 30, PO Box 610 Blair, NE 68008 OWNER (name and address): City of Blair 218 South 16 Street Blair, NE 68008 SU RETY (name and address of principal place of business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: $1,939,800.00 Description (name andlocation): Disaster No. 4013, Flood Mitigation, Backup Generators BOND Bond Number: 106186175 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): April 7, 2015 Amount: $1,939,800.00 Modifications to this Bond Form: 0 None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Eriksen Construction Co., Inc. (seal) Contractor's Name and Corporate Seal By: _ Signatur, `7,�uo J S w Print Name PERFORMANCE BOND No. 106186175 SURETY Travelers Cas and Surety Company of America (seal) Surety's Name and Corporate Seal E TNA -ad'.1-- (attach power of attorney) Jacqueline L. Drey Print Name Attorney -in -Fact Title ` Attest: Signature Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Anysingular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 2. If the Contractor performs the Construction Contract, the Surety Contractor Default; or _ and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4 Waive its right to perform and complete, ;arrange for Paragraph 3. completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the.Owner is considering declaring 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 Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business, days of the Sureys receipt of the Owner's notice, if the Owner, the Contractor, and the Surety 5.4.1 After investigati6n, 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 5.4.2 Deny liability. in whole or in part and notify the Owner, citing the reasons for denial. 6.. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations. under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as perform the Construction Contract, but such an agreement shall Surety has denied liability, in whole or in part, without further notice not waive the Owner's right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy available to the Contractor Default; Owner. 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 7. if the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the 'Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the. Owner to pay the Balance of the. Contract Price, the Surety is.obligated, without duplication for. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 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 Paragraph 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; 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 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 Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited.to the amount of this Bond. 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 5.3 Obtain bids or negotiated proposals from qualified Contract, and the Balance of the Contract Price shall not be reduced contractors acceptable to the Owner for a contract for or set off on account of any such unrelated obligations. No right of performance and completion of the Construction Contract, action shall accrue on this Bond to any person or entity other than arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators, successors, and Owner and a contractor selected with the Owners concurrence, assigns. EJCDC C-610, Performance Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All ; rights, reserved 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the, Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and 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 law, the minimum periods of limitations 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 orother legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement 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. 14. Definitions 14.1 Balance of the Contract Price: The total 'amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for 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. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 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 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. 16. Modifications to this Bond areas follows: EICDC' C -610, Performance Bond Copyright 0 2013 National Society of Profegsional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 300 3 EJCD C ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Eriksen Construction Co., Inc. 2546 S. Hwy 30, PO Box 610 Blair, NE 68008 OWNER (name and address): City of Blair 218 South 16 Street Blair, NE 68008 SURETY (name and address of principal place of business): Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: $1,939,800.00 Description (name and location): Disaster No. 4013, Flood Mitigation, Backup Generators BOND Bond Number: 106186175 Date (not earlier than the Effective Date of the Agreement of the Construction Contract):. Arimountt $1,939,800.00 Modifications to this Bond Form: M None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this. Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Eriksen Construction Co., I no. (seal) Contractor's Name and Corporate Seal ey: Signatui Print Name Title PAYMENT BOND No. 106186175 SURETY Travelers Casualty and Surety Company of America (seal) Surety's Name and Corporate Seal By: 4Snaitu (attach power of attorney) Jacqueline L. Drey Print Name Attorney -in -Fact Title Attest: Signature Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall.be considered plural where applicable. 1. The Contractor and Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance. of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond: 6. If a notice of non - payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non- payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 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 the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction 9. Amounts owed by the- Owner to the Contractor under the Contract the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety, fails to discharge its Contract, and tendered defense of such claims, demands,. obligations under Paragraph '7.1 or 72, the. Surety liens, or suits to the Contractor and the Surety. 'shall indemnify the Claimant for the reasonable performed labor or last furnished attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3 the Surety shall promptly and at the Surety's expense the Claimant. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for: any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the- Owner to the Contractor under the Construction Contract shalt be used. for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to: satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and:the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom, the to satisfy obligations of the Contractor- and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the owner, Claimants, or Claim; and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed. by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13): 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. EJCDC' 0-615, Payment Bond Copyright ® 2613 National Society of Professional Engineers, American Councifof Engineering Companies, and American Society of.CM! Engineers. All rights, reserved. .2,of3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that Is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sgreties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable, property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims, to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract; architectural 'and engineering services required for performance of the work of the 14. When this [fond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location .where and all other Items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,.or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed Incorporated herein. When the Owner and Contractor.identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests 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 16.4 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. 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 purchase order pursuant to which labor; materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 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: Eimce C -615; Payment Bond Copyright © 2013 National society of Professional Engineers, American council of Engineering Companies, and American Society of Civil Engineers -All rights reserved. 3 of 3 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of. the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer,.any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto, appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Siates'Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 7 TH day of APRIL _ ,20 15 (/'Kevin E. Hughes, Assistant Sec tary pASU,��� JY FIRE �� ®r" ..............� C 011 ft"j , f 3 t n: a HARTFORD. i hWiiFtSH0. a t[o •S ; 'a 1951 SEA LioJ iii o Y CONN. n GDNN. 1896 yy '" �N s�F� ro�`a'°' � 5...... � ya � h fo. ( •.., • `ab 'y ,��� e ta 6 FtF Mw To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. W ARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A/ C 40RI D li CERTIFICATE OF LIABILITY INSURANCE DATE / 04/06/206 /2 015 15 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 P RODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) 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 CONTACT NAME: Holmes Murphy and Associates - Omaha PHONE FAX C No Ext : A/C No): E -MAIL ADDRESS: 2637 South 158th Plaza INSURER(S) AFFORDING COVERAGE NAIC# Suite 200 INSURERA:BITUMINOUS CAS CORP 20095 Omaha, NE 68130 INSURED INSURER B TRAVELERS PROP CAS CO OF AMER 25674 Eriksen Construction Co., Inc. INSURERC: FEDERAL INS CO 20281 INSURERD: 2546 S. Highway 30 DAMAGE TO PREMISES Ea occurrence) $ 1,000,000 INSURER E: $ 10,000 1 INSURER F: Blair, NE 68008 rnVFRArFR CERTIFICATE NUMBER: 43498433 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 1 SUBR WND POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM /DD LIMITS A X COMMERCIALGENERALLIABILITY X X CLP3618604 04/01/15 04/01/16 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR DAMAGE TO PREMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 300,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2.000,000 X POLICY a JECT El LOC $ OTHER: A AUTOMOBILE LIABILITY X CAP3618605 04/01/15 04/01/16 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED Ix ANY AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS PRO PERTY DAMAGE $ B X UMBRELLA LIAB ZUP- 15582187 -15 04/01/15 04/01/16 EACHOCCURRENCE $ 10,000,000' HOCCUR AGGREGATE $ 10, 000, 000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE YIN X WC3618603 04/01/15 04/01/16 STATUTE ER E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA EL.DISEASE - EAEMPLOYE $ 500,000 EL. DISEASE- POLICY LIMIT 500,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below C Builders Risk 6686391 04/01/15 04/01/16 $1,000 Deductible 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Disaster No. 4013, Flood Mitigation - Backup Generators City of Blair (Owner) and HDR Engineering, Inc. (Engineer) and any individuals or entities identified in the Supplementary Conditions are Additional Insureds on a Primary and Non - Contributory basis, on the General Liability including Completed Operations, if required by written contract, with respect to the operations of the Named Insured. A Waiver of Subrogation on the General Liability, Auto Liability and Workers Compensation is in favor of City of Blair (Owner) and BDR Engineering, Inc. (Engineer) and any individuals or entities identified in the Supplementary Conditions, 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 USA ACORD 25 (2014101) kworkmanne 43498433 ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD