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ECRA Practice Baseball Field .. , CONTRACT ,~ . UNDERGROUND IRRIGATION SYSTEM PRACTICE BASEBALL FIELD EAST CRAWFORD RECREATION AREA PROJECT 08-2685 THIS AGREEMENT, made and entered into this ~ day of M '1 '" \ 20~, by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and f('C,\<2.SSI(H'\a\ SVi",-~\'e r];~\~l.\ ~ 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 "Contract Documents," 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, in accordance with the provisions of the "Contract Documents," 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 of the "Contract Documents;" will be paid the Contractor by the Owner within 30 days after said completion and a,cceptance, ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shqll 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 "Information for Bidders," and therby 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 1'fI.:....,2. q , 20t)~ ; and the completion of the construction, ready for acceptance will ~:S calendar days after the notice to proceed. 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. CONTRACT0R, SECOND PARTY By1'r~'~~.l2:;;~U ~.~ ~ .DJ\N. ~e... ) Vr~lQ.,^{- (Office or position of signer) Seal - if Contractor be a corporation OWNER, FIRST PARTY THE CITY OF SALINA, KANSAS BY: MAYOR Attest: CIT'( CLERK C-2 ~ .~ ._:]1 Bond # S337586 / STATUTORY BOND KNOW ALL MEN BY THESE PRESENTS, THAT Professional Sprinkler Installation, In'bf Salina, Kansas', , principal and Employer, Mutual C.,ualty Company, a corporation organized under the laws of the State of Kan~as, with general offices in Des Moines, IA and authorized to transact business in the State of Kansas as Surety; are held and firmly bound unto the State of Kansas Fourteen Thousand in the penal sum of'even Hundred Fifty Sevendollars ($ -$14,757.00- ) lawful 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 15 . day of May 20~ THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS; said principal has entered into written contract with the .CITY OF SALINA, KANSAS, dated May 9 , 20~, for the furnishing of all materials and labor and doing all the work of whatever kind necessary to construct certain Underground Irrigation System improvements for the owner; all in accordance with the detailed plans and specifications for such work on 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 fumished, 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, or to the specifications. ~ ~ ~ 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. Professional Sprinkler Installation, rne S2 c.~ ~ Principal Daniel L. Abe Employers Mutual Casualty Company Surety BY'~~~ Attorney-in-fact , Brenda R. Smi th (A certified copy of the agent's power of attorney must be attached hereto.) (Contractor shall file with the Clerk of the District Court.) PRODUCER (800)563-1871 FAX Sunfl ower Insurance Group, Inc. 217 S. Santa Fe P.O. Box 1213 Salina, KS 67402-1213 INSURED PSI, Inc. 146 S. 3rd Salina, KS 67401 (785)825-5098 DATE (MM/DDNYYYj 06/15/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. " CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURER A" Addi son Insurance Company INSURER B: INSURER c: INSURER 0" INSURER E: NAIC# 10324 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM QR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 60209155 06/01/2007 06/01/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00~ I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,00~ A PERSONAL & AOV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - 2,OOO,00fi GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Xl POLICY n j~8T n LOC AUTOMOBILE LIABILITY 60209155 06/01/2007 06/01/2008 COMBINED SINGLE LIMIT - (Eaaccident) $ 1,000,OOC ANY AUTO - ALL OWNED AUTOS BODILY INJURY X $ SCHEDULED AUraS (Per person) A X HIRED AUTOS BOOIL Y INJURY eX $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG $ 3ESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ ~ OEOUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 60209155 06/01/2007 06/01/2008 X I WC STATU- I IOJ~- EMPLOYERS' LIABILITY 100 , 000 A ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE $ 100,000 If yes, describe under 500,000 SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ OTHER . .P_ESCRIPTlON OF OPERATIONS f LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Inc \'" aiver of Subrogation applies to City of Salina with respect to work performed by PSI, ith regard to the General Liability and Workers Compensation coverage for installation f underground sprinkler system at the practice baseball field at 1915 Markley Rd. >*10 day notice of cancellation for nonpayment of premium. City of Salina 300 W. Ash Salina, KS 67401 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE , EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ---1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY CERTIFICATE HOLDER ACORD 25 (2001108) , CORD CORPORATION 1988