Additional Project Aesthetics
PROJECT # 00-1248
ADDITIONAL PROJECT AESTHETICS
, NORTH OHIO STREET
CONTRACT
THIS AGREEMENT, made and entered into this I ~ day of (v'luf4A-
20{') l, by and between the City of Salina, Kansas a municipal corporation, First Party,
hereinafter referred to as the "Owner" and R FE) ~ ~'
Second Party, hereinafter referred to as the "Contractor."
WITNESSETH:
ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or
sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in
accordance with the provisions of the "General Clauses," the said Contractor shall furnish
all labor, equipment, accessories and material and shall perform all work necessary to
construct and complete the improvements in a good, substantial and workmanlike manner;
.ready for use and in strict accordance with the contract drawings and specifications, as
approved and filed pursuant to law in the office of the legal representative of the Owner.
ARTICLE 2. It is hereby further agreed that in consideration of the faithful
performance of the work by the Contractor, the Owner shall pay the Contractor the sum or
sums due him, by reason of said faithful performance of the work, at stated intervals and in
the amounts certified by the Engineer; in accordance with the provisions of the "General
Clauses," and as set forth in the proposal as accepted by the Owner.
ARTICLE 3. It is hereby further agreed that at the completion of the work and its
acceptance by the Owner, all sums due the Contractor by reason of his faithful completion
of the work; taking into consideration additions to or deductions from the contract price by
reason of alterations or modifications of the original contract, or by reason of "Force
Account" work authorized under the contract in accordance with provisions ofthe "General
Clauses;" will be paid the Contractor by the Owner within 30 days after said completion and
acceptance.
ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used
herein as referring to the Contractor shall be deemed to refer to said Contractor whether a
corporation, partnership, or individual; and this contract and all covenants and agreements
thereof shall be binding upon and for the benefit of the heirs, executors, administrators,
successors and assigns of said Contractor.
C-1
ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract"
shall include all contract documents as specifically set out in the "General Clauses," and
thereby made a part of this agreement to the same extent as if set out at length herein.
ARTICLE 6. It is hereby further agreed that the undersigned anticipates that
materials and equipment will be on hand at the site in sufficient quantities to commence
construction on or before April 1. 2007 ; and the completion of the construction,
ready for acceptance will be required Mav 31. 2007
IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have
caused this agreement to be duly executed in triplicate the day and year first herein written,
all copies of which to all intents and purposes shall be considered the original.
CONTRACTOR, SECOND PARTY
:;:iJ~7;t~2'
Secretarv
(Office or position of signer)
Seal - if Contractor be a corporation
OWNER, FIRST PARTY
THE CITY OF SALINA, KANSAS
BY O~Q~
MAYOR
CITY CLER~
C-2
Feb. 9. 2007 4:02PM
No. 2513 P. 2
RFBCONS-01
HULA
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMItlDJYYYY)
2/912D07
PRODUCER (816) 5D5.7000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CBIZ BCK&W Insurance Services ONLY AND' CONFERS NO RIGHTS UPON THE CERTIFICATE
11440 Tomahawk Creek Parkway HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
Leawood. KS 66211-9955 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAtC#
INSURED RFB Construction Company Inc INSURER'" EMC Insurance
565 E 520th Ave IN$lIRER '" Accident Fund Insurance Company of Am
Pltlsburg. KS 66762- INSUR!R 0;
-
INSURER D:
INSUReR E:
COVERAGES
THE POUC1ES OF INSURANCE LISTED flEloOW HAVE BEEN ISSUED TO THE INSURED NAMI:D ABOVE FOR THEO POLICY PERIOO INDICATED, NOTWITHSTANDING
/W'( REQUIREMENT, TERM OR CONDITION OF I>JIY CONTRACT OR OTHER DOCUMENT WITH RI:SPI:CT TO WHICH THIS CERnFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POlolCIES DESCRiBED HEREIN IS SUBJECT TO Al.l. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES, AGGREGATE UMITS SHOWN MAY HAvE BEEN REDUCED BY PAID ClAIMS.
&>
City of Salina SHOULD AAY OF THE ABOVE DESCRIBED POuta BE eANCEl.LED aEFORE THE ~1RA11ON
Dept of Finance/City Clerk's OffIce DATIl THEREOP, THB ISSUING INSURER WILL ENDI!AVOR TO MAn.. 3L- DAYS WRJTTHN
PO Box 736 NoncE TO THE camFICATE HOL.PER NAMED TO 1ltE LiFT. BUT fAILURE 10 DO so SHALL
Salina, KS 67402-0736 IMPOSE NO OBIJGATlON OR LIABJUTY OF ANY KIND UraoN THE INSU~. ITS AGENTS OR:
~EN.TATNES.
AIJTHORJZEDREPIUiHNTATM! ^~ ~. ~.J~~
EACH OCCURRENCE
pOLICY NUMIIER
U~IT$
. -
A
GENERAL UABIUTY
X COMMERCIAL GENERAL UABlllTY
ClAIMS MADE [!J OCCUR
032501
9/16/2006
9/1612007 p~eMISES - .
MED EXP (Any QOIII pInOn) .
PERSOIIW. a ADV INJURY I.
CENeAALAOGREGATE .
PRODUCTS - C;OMPIOP AGG .
COMBINED SINGLE UMIT .
9/1812007 (""-
BOOI1. Y INJURY .
(Pet p$l$On)
BODilY INJURY $
(Pel' seeldent)
PROPERTY OAMACE .
(PeracCil:\!!l'II:)
AUTO ONLY. EA ACCIO~ .
OTHER THAN ~~.ACO .
AUTO ONLY; AGG .
EACH OCCURRENCE S
9/1612007 AGGREGATE .
.
.
.
9/612007 E.L EACH ACCIDENT .
E.L DISEASE - EA. EMPLOYE .
1:.1,.. DISEASE. POLICY UMIT .
A
AUTOMOBlLEI.lABIUN
., X _AUTO
ALL OWNEDAIJTOS
SCHEDULED AUTOS
X HIRE.D AUTOS
X NON.QWNED AOITOS
3E32501
9/1612008
GARAGE L1AEltutY
ANYAIJI'D
A
EXCEWUM8RSLLA UAIlIUTY
X OCCUR 0 CLAIMS MADE 3J32501
9/1612006
B
DEDUCTIBLE
X RETENfIDR . 10,ODO
WOlU<ERS COMfJEI\18A"l'lON AND
EMPLOYEAS'LlADIUTY
AM' PROPRIETDRlPARTNERIEXECUllVE
OFFICE;R/MEMSER EXClUDED?
.__..we.......
SPECIAL PROVISIONS bo\Qw
OTHER
CV6023163
9/6/2006
DESCRIPTION OF OPERATIONS' LOCATIONS t VEHICLES I EXCLUSIONG ADDED BY ENDORSEMENT I SPECiAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
A""Dn 4')1!: /"M41ntn
@ACORDCORPORATION1988
"., !~ \
o
, I
PERFORMANCE BOND
0119596
RFB Construction
KNOW ALL MEN BY THESE PRESENTS, THAT Cornnany. Inc. OF
Berkley Regional-
PirtshllT". Kansas , as principal, and Jnsurance Company ,a corporation,
organized under the laws of the State of P.elaware
, with general office in
Wi llrnington. Delawareand authorized to transact business in the State of Kansas as
surety, are held and firmly bound unto the Owner, CITY OF SALINA, KANSAS, in the penal
Two hundred fifty-seven
sum of thousand one hundred dollars ($ 257,178.00 ) lawful money ofthe United States for
seventy-eight and 00/100
the payment of which sum, well and truly to be made, said principal and surety bind
themselves, their heirs, administrators, executors, successor and assigns, jointly and
severally firmly by these presents.
Signed, sealed, and delivered this ?fith
day of February
,2007.
THE CONDITION OFTHE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into a written contract with the Owner, CITY OF SALINA, KANSAS,
dated February 8th, 20_0L, for the furnishing of all materials and labor and doing of all
the work of whatever kind necessary to construct certain improvements for the said Owner,
all in accordance with the specifications for such work on file in the office ofthe Owner; and
in accordance with said contract a copy of which is, or may be, attached hereto and which
is by reference made a part hereof.
NOW THEREFORE, if said principal shall well and truly perform all of the covenants,
conditions, and obligations of said contract on the part of said principal to be performed;
and shall hold the Owner harmless against all claims, loss, or damage which it may sustain
or suffer by reason of any breach of said contract by said principal, or by reason of an
injury to persons or property occasioned by the action of said principal or his employees;
and if said principal shall maintain the improvements to be constructed by him as provided
for in said contract above referred to;then this obligation shall be void; otherwise to remain
in full force and effect.
The said surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the contract, or to the work to be
performed thereunder, or the specifications accompanying the same shall in anyway affect
its obligations on this bond; and it does hereby waive notice of any such change, extension.
of time, alteration, or addition to the terms of the contract, or the work, or the specifications.
PB-1
",.
IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said
surety has caused these presents to be executed in its name and its corporate seal to be
hereunto affixed by its duly authorized agent or agents, all as of the day and year first
above written. This document is executed in triplicate.
RFB Construction Company, Inc.
Principal
Berkley Regional Insurance Company
Surety
BY
~~rs~t~~ ('" '.
,
::::-" \
.,x "
~'
" ,-
(A certified copy of the agent's power of attorney must be attached hereto.)
\,;~;1; I:
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I., IJ,.
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PB-2
No. 550
"
-
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELA WARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich,
Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Scott K. Burnham,
Sr., Christopher M. Colman, Travis E. Barker, Ryan Forsyth, Larry K. Huddleston or Paul Ramm of CBIZ Insurance Services,
Inc. of LealVood, KS
its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and,
deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation
shall exceed Ten Million and 00/100 Dollars ($10,000,000.00), to the same extent as if such bonds had been duly executed and
acknowledged by the regularly elected officers ofthe Company at its principal office in their own proper persons,
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifYing the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on
behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and
further
RESOLVED, that such power of attorney limits the acts of those named therein to the'bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power
of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as though
manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or
persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be
such at the time when such instruments shall be issued,"
(Seal)
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this ~ ~ day of "0 ~ ,2007.
Attest: ' , /
By _VIP-'
Ira S. Lederman
Senior Vice President & Secretary
Robert P. Cole
Senior Vice President
By
WARNING: HIlS'POWER INV ALlD IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State" of Connecticut; this p.5t day of ~C\...-~ 2001, by Robert P. Cole and Ira S. Lederman
who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance
Company. EILEEN K. KILLEEN t::.....e..0~- K-, I~
NOTARY PUBLIC -
MY COMMISSION EXPIRES 613012007 Notary Public, State of Connecticut
CERTIFICATE.
1. the undersigned, Assistant Secretary of BERKLEY REGIONAl" !"NSuRAj'lCE'.COMPANY, DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; P~8t $:lid pO\.Tlerof Attc,mey has not been revoke~ or rescinded and that the
authority of the Attorney-in~Fact set forth therein, who executed the hpnd.or:llndertal~ing to which this Power of Attorney is attached, is in full
force and effect as of this date. ' +. r:.~L,
Given under my hand and seal of the Company, this R. day of _~rri . 2""', .
, . ~' .j
'll.'"
John F
(Seal)
...;:'
STATUTORY BOND
0119596
KNOW ALL MEN BY THESE PRESENTS, THAT RFB Construction Company, Inc. of
Pittsburg, KS
, Pr,'ncipal and Berkley Regional IcnomSUp~~nyce ,
, a corporation organized
under the laws of the State of DE
'11' t DE
, with general offices in Wl mlng on, and authorized
to transact business in the State of Kansas as Surety; are held and firmly bound unto the
Two hundred fifty-seven
State of Kansas in the pernal sum of thousand one hundred dollars ($ 257,178.00 ) lawful
seventy-eight and 00/100 .
money of the United States; for the payment of which sum, well and truly to be made, said
principal and surety bond themselves, their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
Signed, sealed, and delivered this 76th day of February
,20 07 .
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into written contract with the CITY OF SALINA, KANSAS, dated .
Februarv 8th ,20 07 ,for the furnishing of all materials and labor and doing all the work of
whatever kind necessary to construct certain improvements for the Owner; all in accordance
with the detailed plans and specifications for such workon file in the office of the Owner: and
in accordance with said contract, a copy of which is by reference made a part hereof.
NOW THEREFORE, if the said principal, or the subcontractor or subcontractors of said
principal, shall pay all indebtedness incurred for supplies, materials, or labor furnished, used,
or consumed in connection with, or in or about the construction or making of, the above
described improvement; including gasoline, lubricating oils, fuel oils, greases, and similar items
used or consumed directly In furtherance of such improvement; this obligation shall be void;
otherwise, it shall remain in full force and effect.
The said surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the work to be
performed thereunder, or the specifications accompanying the same, Shall in any way
effect its obligations on this bond; and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract, or to the work, orto the
specifications.
SB-1
-')
IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said
surety has caused these presents to be executed in its name, and its corporate seal is to
be hereunto affixed, by its duly authorized agent or agents, all as of the day and year first
above written.
RFB Construction Company, Inc.
Principal
Berkley Regional Insurance Company
Surety
I"
BY
~~_..,
Alto ey-in-(act Ryan Forsyt~ ,
/ .
.'/,
.,
"'-. ..'
,
. '
, ,
s
(A certified copy of the agent's power of attorney must be attached hereto.)
(Contractor shall file with the Clerk of the District Court.)
58-2
No. 550
',~ .
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich,
Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Scoll K. Burnham,
Sr., Christopher M. Colman, Travis E. Barker, Ryan Forsyth. Larry K. Huddleston or Paul Ramm ofCBIZ Insurance Services.
Inc. of Leawood, KS
its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation
shall exceed Ten Million and 00/100 Dollars ($10,000,000.00), to the same extent as if such bonds had been duly executed and
acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on
behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and
further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal ofIhe Company may be affixed by facsimile to any power
of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though
manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or
persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be
such at the time when such instruments shall be issued."
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this .;J.. ~ day of -::J ~ ' 2007.
(Seal)
:~est: ~V i-
Ira S. Lederman
Senior Vice President & Secretary
Berkley Re' al Insurance Company
;~ ~~
Robert P. Cole
Senior Vice President
WARNING; THIS'POWER INY ALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, ~ Notary Public in the State' of Connecticut; this J... q day of ~~~ 2007, by Robert P. Cole and Ira S. Lederman
who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance
Company, EILEEN K. KILLEEN
NOTARY PUBLIC
MY COMMISSION EXPIRES 61301'lOO1
;Z.~.cft.A.-- K-, I~-
Notary Public, State of Connecticut
CERTIFICATE
I, the undersigned. Assistant Secretary of BERKLEY REGIONAL INS,UR",NCE'CO.lvIPANY. DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney;-th.~t said PS'.\-er'of Attorney has not been revoked or rescinded and that the
authority of the Attorney.in.Fact set forth therein, who executed tlfe b0ri~ ?f'I!r:~d~r;taki9g to which this Power of Attorney is attached, is in full
force and effect as of this date. ..-' -- - .
Given under my hand and seal of the Company, this Z~I' doyoi-. ,~b~(V.?< . ;.r)Z<>o7.
(Seal)~,__.. _~ ~
John F. eers
-~.
,?t...-,~
PROPOSAL
TO THE BOARD OF COMMISSIONERS
CITY OF SALINA, KANSAS '
Gentlemen:
The undersigned hereby certifies that he has carefully examined the specifications and other contract
documents; has fully investigated the location, character, and extent of the work to be done and the materials
to be furnished in connection with the construction of the ADDITIONAL PROJECT AESTHETICS NORTH
OHIO STREET, PROJECT NO. 00.1248 in the City of Salina, Kansas. He further certifies that he is familiar
with the type of construction work involved throughout the scope of the project and understands that, in
signing this proposal, he waives all right to plead any misunderstanding regarding same.
1. The undersigned proposes to furnish all tools, appliances, equipment,materials, and labor required
to complete the construction in a thorough, workmanlike and satisfactory manner in accordance with
, the specifications and contract documents for the following prices:
Item Unit
No. Description Quantity Unit Price Total
1. CLEARING AND GRUBBING 1 L.S. $ 2j ~() $ ;2.F V G
2. COMMON EXCAVATION 1 L.S. $ 5"0<:) $ S~qO
3. COMPACTION OF EARTHWORK 1 L.S. $ 1000 $ lovO
4. 4',' CONCRETE SIDEWALK 1.4 S.Y. $ ~ro $ 1(1)
5. 6" CRUSHED AGGREGATE BASE COURSE 152 S.Y. $ ::2.y $ 4-2.f6
6. UNIT PAVERS 139 S.Y. $ 168 $ ( -oS: r tJ L..:d::--
7. LANDSCAPING 1 L.S. $ \fGt'q) $ /.ff ~<:>tf
8. IRRIGATION SYSTEM 1 L.S. $ ft, 1,coo $ b 4-.qq,
9. ORNAMENTAL BENCHES & FOUNDATIONS 4 EA. $ \"))0 $ '1 ()Jr,
10. TRAFFIC CONTROL 1 L.S. $ st>o $ f60
11. CONSTRUCTION STAKING 1 L.S. $ ~If $ .2JJc1()
TOTAL $ 2$7 nO"
<
2. The undersigned anticipates that materials and eqUiP~ent will be~n hand at the site in sufficient
quantities to commence construction on or before _..g:..y' \ I ').00 ; and the completion of
the construction ready for acceptance J'f\(J. '1 :) \ I -:l ooL.
P-1
/
.....~i_'~3. The undersigned acknowledges receipt of the following addenda:
j'
/
,./
vo. \
:2-1\
day of
A"
)a.f1tAatY
.2007
Signed this
BY:
~ . f, f.>. COV1r\ I to, MV>
J ~5 fr-. .52()>f1 Ave..0.!trbCli
\UU~f)~ I(~.
~{crl~t'\ \
BIDDER:
ADDRESS:
TITLE:
P-2