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Construct Family Aquatic CenterfBAIA Document A101" -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Eighteenth day of May in the year of Two Thousand Nine ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has (Name and location) added information needed for its BETWEEN the Owner: completion. The author may also (Name, address and other information) have revised the text of the original 701 W. Kenwood Park Dr., Salina, KS AIA standard form. An Additions and City ofSalina Deletions Report that notes added City/County Building information as well as revisions to 300 W. Ash St. the standard form text is available Salina, KS 67401 from the author and should be Telephone Number. 785-309-5765 reviewed. A vertical line in the len Louisburg,, KS 66053 margin of this document indicates Telephone Number: 913-837-3012 where the author has added and the Contractor necessary information and where (Name, address and other information) the author has added to or deleted from the original AIA text. Straub Construction Company, Inc., General Corporation This document has important legal 7775 Meadow View Dr. consequences. Consultation with an Shawnee, Kansas 66227 attorney is encouraged with respect Telephone Number: 913-451-8828 to its completion or modification. AIA Document A201-11197, General AIA Document A101 n -1997. Copyright 01915,1918,1925,1937,1951,1958,1981,19M, 19M. 1974, 1977, 1987, 1991 and 1997 by The American Inst. Insam at Ard*eM. Ali rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treads. Unauthorized reproduction or distribution of this A10 Document, or any portion of It, may result In severe civil and criminal penaltles, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 1032:13 an 05/132009 under Order No.1000382810 1 which expires on 12/30/4009, and is not for resale. User Nates: (2596512878) Conditions of the Contract for The Project is: Construction, Is adopted in this (Name and location) document by reference. Do not use with other general conditions unless Salina Family Aquatic Center this document is modified. 701 W. Kenwood Park Dr., Salina, KS This document has been approved The Architect is: and endorsed by The Associated (Name, address and other information) General Contractors of America. Aquatic Design Consultants, Inc. 33400 Cold Water Rd. Louisburg,, KS 66053 Telephone Number: 913-837-3012 Fax Number: 888-741-2100 The Owner and' Contractor agree as follows. AIA Document A101 n -1997. Copyright 01915,1918,1925,1937,1951,1958,1981,19M, 19M. 1974, 1977, 1987, 1991 and 1997 by The American Inst. Insam at Ard*eM. Ali rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treads. Unauthorized reproduction or distribution of this A10 Document, or any portion of It, may result In severe civil and criminal penaltles, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 1032:13 an 05/132009 under Order No.1000382810 1 which expires on 12/30/4009, and is not for resale. User Nates: (2596512878) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: The Contractor shall complete all Work not later than May 7, 2010 § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than May 07, 2010. Portion of Wolk Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) liquidated damages of $2,000 will be assessed for each calendar day beyond the substantial completion date that this project is not complete and ready for full operation by Owner ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the . Contract. The Contract Sum shall be Ten Million Three Hundred Ninety-six Thousand Two Hundred Dollars and Zero Cents ($ 10,396,200.00 ), 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: (State the numbers, or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 n .-1997. Capyrlght ®1915, 1918, 1925, 1937, 1951,1958, 1981, 1983, 1987, 1974, 1977, 1987, 1991 and 1997 by The American Init institute of Architects. AD rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorised reproduction or distribution of this AIA° Document, or any portion of it, may result In severe dv9 and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 1032:13 on 05/13/2008 under Order No.1000382810_1 which expires on 12/30/2009, and is not for resale. User Notes: (2596512878) Mill with 2" asphalt overlay and striping of main parking lot. § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Rock removal and replacement with suitable Cu.Yd. $80.00 material Removal of unsatisfactory subgrade soils & Cu.Yd. $17.00 replacement with approved general fill soils Removal of unsatisfactory subgrade soils & Cu.Yd. $20.00 replacement with approved low volume change soils or material Removal of dry subgrade soils, moisture CU.Yd. $13.00 reconditioning of soils and recompaction of the soils 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: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Fifth day of a month, the Owner shall make payment to the Contractor not later than the Fifteenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. § 5.1A 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 indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 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 Ten percent ( 10.60% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); AIA Document A101- —1987. Copyright ®1915,1918.1925.1937,1951,1958,1961,1963,1967,1974,1977,1987, 1991 and 1997 by The American [nit. Inadlule of Architects. Ali rights reserved WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treallm 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 document was produced by AIA software at 1032:13 on 05/13!2009 under Order No.1000382810 1 which expires on 12/3022. and Is not for resale. User Notes: (2596512878) Subtract the aggregate of previous payments made by the Owner; and 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 A201-1997. § 5AJ The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: 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 (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) 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 A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.8 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: 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 A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 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. AIA Document A101--1997. Copyright ®1815,1918,1825,1837,1951,1958,1881,1883.1987,1974,1877,1987,1991 and 1897 by The American Init. Institute of Arc i tells. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright taw and Internatkmal Treaties, Unaunarired reproduction or distribution of this A10 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 1032:13 on 0511312009 under Order No.1000382810 1 which expires on 12!3012009, and Is not for resale. User Notes: (2596512878) (Insert rate of interest agreed upon, if any.) ( ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Mr. Steve Snyder City/County Building 300 W. Ash St. Salina, KS 67401 § 7A The Contractor's representative is: (Name, address and other information) Mr. Michael Knight 7775 Meadow View Dr. Shawnee, Kansas 66227 17.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: ARTICLES ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 06, 2009, and are as follows Documen4 Title Pages § 8.1 A The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Project Manual (Table deleted) § 8.1.5 The Drawings are as follows, and are dated April 06, 2009 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: City of Salina, KS - Family Aquatic Center (Table deleted) AIA Document A101= —1997. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1981, 1983, 1987,1974,1977, 1987,1991 and 1997 by The American Inst Institute of Architects. AD rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIAe 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 1032:13 on 05/13/2009 under Order No.1000382810 1 which expires on 12/302009, and Is not for resale. User Notes: T(2598512878) § 8.1.6 The Addenda, if any, are as follows: Number Date Pages 1 4/22/2009 18 2 4/29/2009 23 3 4/30/2009 13 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. (Printed name and title) (Printed name and title) AIA Document A101n -1997. Copyright ®1915, 191his 8, 1925,1937, 1951, 1958,1961, 1963,1987, 1974, 1977, 1987,1991 and 1997 by The American [nit Institute of Architects. AN rights reserved. WARNING: TAIA° Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized s 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 exert possible under the law. This document was produced by AIA software at 102:13 on 05/1312009 under Order No.100038281(I_1 which e)*es on 12/30/1009, and is not for resale. User Notes: (2596512878) Additions and Deletions Reportfor AIA Document A 101"'-1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text Is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 1032:13 on 05/13/2009. PAGE 1 AGREEMENT made as of the Eighteenth day of Ma_in the year of Two Thousand Nine (Name, address and other information) City of Salina City/County Building 300 W. Ash St. Salina. KS 67401 Telephone Number: 785-309-5765 Straub Construction Company, Inc.. General Comoration 7775 Meadow View Dr. Shawnee, Kansas 66227 Telephone Number: 913-451-8828 Salina Family Aguatic Center. 701 W. Kenwood Park Dr.. Salina. KS Aquatic Design Consultants. Inc. 33400 Cold Water Rd. Louisburg. KS 66053 Telephone Number: 913-837-3012 Fax Number: 888-741-2100 PAGE The Contractor shall cottlplete all Work not later than May 7. 2010 The Contractor shall achieve Substantial Completion of the entire Work not later than May 07, 2010. Additions and Deletions Report for AIA Document A101 TO —1997. Copyright ®1915, 1918, 1825,1837, 1851, 1858, 1981, 1983, 1087, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. AN rights reserved WARNING: This AIA® Document Is protected by U.S. Copyright Law and international Trestles. Unauthorised 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 102:13 on 05/13/2009 under Order No.1000382810_t which expires on 12/30/2009, and is not for resale. User Notes: (2598512878) Liquidated damages of $2.000 will be assessed for each calendar day beyond the substantial completion date that this proiect is not complete and ready for full operation by Owner § 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 Ten Million Three Hundred Ninety six Thousand Two Hundred Dollars and Zero Cents ($10.396.200.00 ), subject to additions and deductions as provided in the Contract Documents. PAGE 3 Mill with 2" pghalt overlay and striping of main parking lot. Rock removal and replacement with suitable Cu.Yd. $80.00 material Removal of unsatisfactory subgrade soils & Cu.Yd. $17.00 replacement with approved general fill soils Removal of unsatisfactory subgM& soils & Cu.Yd. $20.10( rgplacement with aprtroved low volume changg soils or material Removal of da subgrade soils. moisture Cu.Yd. $13.00 reconditioning of soils and recompaction of the so's" § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the fiftLday of a month, the Owner shall make payment to the Contractor not later than the Eift s&nlbday of the follo me month. 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 For y -five ( 45) days after the Architect receives the Application for Payment. 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 Ten gMent 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); PAGE 5 ( ) per annum Mr. Steve Snyder QyLCounty Building 300 W. Ash St. Salina. KS 67401 AddhlOns and Deletions Report for AIA Document A101 Tr —1997. Copyrlght ®1915, 1918, 1925,1937, 1951, 1958, 1981,1983,1987, 1974, 1977, 1987, 1991 and 1997 by The American Uts*M of Architects. AN rights reserved. AIA thWARNING: This A10Document Is protected by U.B. Copyright Law and 2 brterrmtlorud Trestles. Unauthorized reproduction or dialribullon of this 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 sottware at 10:32:13 an 05/13/2009 under Order No.1000382810 1 which expires On 12/302009, and is not for resale. User Notes: (2598512878) Mr. Michael Knight 7775 Meadow View Dr. Shawnee. Kansas 66227 § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Qpril 06, 2009, and are as follows Title of Specifications exhibit: Project Manual Seetiee Mlle P"" 8.1.5 The Drawings are as follows, and are dated Ap-W 06.2009 unless a different date is shown below: Title of Drawings exhibit: City of Salina. KS - FamilyAquatic Center NumbeF . Tme late PAGE 6 1 4/22/2009 J 2 4/29/202 23 I 4/3012009 l 3 M. Luci Larson. Mavor Additions and Deletions Report for MA Document A101Ta —1997. CopyrW ®1915.1918,1925,1937,1951,1958,1961,196% 1987, 1974,1977, 1987, 1991 and 1997 by The Amerlew Institute of Architects. A9 rights reserved. WARNING: This AI0 Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe dvll and criminal 3 pennies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA saftrwere at 10:32:13 on 05/1312009 wrier Order No.1000382810 1 which expires on 121302009, and is not for resale. User Notes: (2598512878) Certification of Document's Authenticity AIA® Document D401 "I — 2003 I, Kevin McElyea, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:32:13 on 05/13/2009 under Order No. 1000382810J from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document AlO1TM —1997 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Sigrud) ee, AA A,4 r (Title) (Dated) AIA Dasnment D401= 2003. Copyrlpttt ®1992 and 2003 by The American In #Me of Amh tecxs. AO rWft reserved. wARNM: This AIA• Domanent is protected by U.S. Copyright Law and International Trestles. unauthorized reproduction or distribution of this AIA• Document, or wry portion of it, may result In severe aril and criminal penalde% and will be prosecuted to the maximum extent possible under the haw. This document was produced by AIA software at 10:32:13 on 0&13MM under Order No. 1000382810 1 which expires on 12130/2009, and is not for resale. user Notes: (2598512878) THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 674-013-637 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Straub Construction Company, Inc. 7775 Meadow View Drive Shawnee,KS 66227 OWNER (Name and Address): City of Salina KS City/County Building 300 W. Ash Salina, KS 67401-0736 SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 CONSTRUCTION CONTRACT Date: May 18, 2009 Amount: $10,396,200.00 Ten Million Three Hundred Ninety Six Thousand Two Hundred Dollars and 00/100 Description (Name and Location): Salina Family Aquatic Center 701 W. Kenwood Park Dr. Salina KS BOND Date (Not earlier than Construction Contract Date): May 19, 2009 Amount: $10,396,200.00 Ten Million Three Hundred Ninety Six Thousand Two Hundred Dollars and 00/100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Sea[) Straub CoAinpany, Inc.Signature:Name and J . Young J . Vice Pr ident (Any additional signatures appear on page 3) (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: Thomas McGee, L.C. PO Box 419013 Kansas City, MO 64141-6013 816-842-4800 SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company Signature: Name and Title: Brenda L. Linze s Fc Attorney -in -Fact,}. 1912 c Surety Phone No. 610-832-8240 N OWNER'S REPRESENTATIVE (Architect, party) : Aquatic Design Consultants, Inc. 33400 Cold Water Road Louisburg, KS 66053 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 I The Contractor and the 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. 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. It the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able 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; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shalt not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract. arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, 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 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right 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 deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or In part and notify the Owner citing reasons therefor. S U the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 provided in Subparagraph 4.4, and the Owner refuses the payment tendered 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. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1.4.2, or 4.3 above, 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. To the limit of the amount of this. Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion orrection of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change. includ- nchanges of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 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 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 oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20008 THIRD PRINTING. MARCH 1987 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 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 herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 674-013-637 AJA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Straub Construction Company, Inc. 7775 Meadow View Drive Shawnee,KS 66227 OWNER (Name and Address): City of Salina KS City/County Building 300 W. Ash Salina, KS 67401-0736 SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 CONSTRUCTION CONTRACT Date: May 18, 2009 Amount: $10,396,200.00 Ten Million Three Hundred Ninety Six Thousand Two Hundred Dollars and 001100 Description (Name and Location). -Salina Family Aquatic Center 701 W. Kenwood Park Dr. Salina KS BOND Date (Not earlier than Construction Contract Date): May 19, 2009 Amount: $10,396,200.00 Ten Million Three Hundred Ninety Six Thousand Two Hundred Dollars and 00/100 Modifications to this Bond: ❑ None ® See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Straub Constru ompany, Inc. Signature: Name and Title: park J Young Vice Pre ident (Any additional signatures appear on page 6) (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: Thomas McGee, L.C. PO Box 419013 Kansas City, MO 64141-6013 816-842-4800 SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company Signature: � Name and Title: Brenda L. Linze ig12 Attorney -in -Fact Surety Phone No. 610-832-824 ��j205i OWNER'S REPRESENTATIVE (Architect, Engineer brother party) : Aquatic Design Consultants, Inc. 33400 Cold Water Road Louisburg, KS 66053 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ®. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING • MARCH 1987 I *The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind thismselves; their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient 'successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4, the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment, directly or indirectly, for the amounts that are undisputed and the basis for all sums due Claimants, and challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the .address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that .a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid Within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the. amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8, 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 Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, 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 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 signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 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 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 5 THIRD PRINTING 9 MARCH 1987 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. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 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 Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: See Attached Modification Rider 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 a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1884 6 THIRD PRINTING • MARCH 1987 RIDER AMENDING PAYMENT BOND This rider is to be attached to and forma part of surety bond number 674-013-637 dated the 19th day of May 1 2009 executed by Liberty Mutual Insurance Company , a Massachusetts stock insurance company, as surety (the "Surety"), on behalf of Straub Construction Company, Inc. , as Principal (the "Principal"), in favor of City of Salina KS QWLoun y Building as Obligee (the "Obligee"). WHEREAS, the Principal has by written agreement dated the 18th day of May , 2009 , entered into a contract (the "Contract") with the Obligee for: Salina Family Aquatic Center 701 W. Kenwood Park Dr. Salina KS WHEREAS, upon the request of the Principal and Obligee, the attached bond is hereby amended as follows: Paragraphs 4.1 and 4.2.3 are amended by adding at the end of each paragraph "...and furnished to Surety an explanation of the claim and copies of documents on which the Claimant relies to support the claim." 2. Paragraph 5 is replaced with the following: If a notice required by paragraph 4 is given by the Owner to the Contractor and to the Surety, that is sufficient compliance. 3. Paragraph 6 is replaced with the following: When the Claimant has satisfied the conditions of paragraph 4 and has submitted any additional supporting documentation, and any sworn proof of claim, requested by the Surety, the Surety shall, within a reasonable period of time, which shall not be less than 45 days, respond to the Claimant and offer to pay or arrange for payment of any undisputed amount; provided, however, that the failure of the Surety to fully and/or timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or part of a claim shall not be deemed an admission of liability by the Surety or otherwise constitute a waiver of any rights or defenses the Contractor and/or Surety may have or acquire as to such claim, including, without limitation, any right to dispute such claim. In no event shall the Surety's liability to any Claimant under this Bond exceed the sum properly due such claimant. This change is effective as of the effective execution date of the Bond to which it is attached. The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. IN WITNESS WHEREOF said Principal and Surety have caused these presents to be duly signed and sealed this 19th day of May 1 2009 Straub Construction Company, Inc. By: (Principal) Title: Date: LIBERTY MUTUAL INSURANCE COMPANY By. (Surety) Title: Date: For use with AIA 312;EJCDC1910-28 A, B 2/08 it KANSAS STATUTORY BOND Executed in conjunction with Contract Bond Number 674-013-637 KNOW ALL MEN BY THESE PRESENTS: That We, Straub Construction Company, Inc, 7775 Meadow View Drive Shawnee KS 66227 as Principal, and Liberty Mutual Insurance Company of 450 Plymouth Road Suite 400, Plymouth Meetina LPA 19462 a Corporation organized and existing under the laws of the State of MA and authorized to transact business in the State of Kansas, as Surety, are held and firmly bound unto the STATE OF KANSAS, in the full and just sum of Ten Million Three Hundred Ninety Six Thousand Two Hundred Dollars and 00/100 ($ Qa9L 2oo.Up for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Dated this 19th day of May-- A.D., 2009 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, THAT WHEREAS, on the 18th day of May 2009 the said Straub Construction Company, _ Inc. entered into a contract with City of Salina KS 300 W. Ash, Salina KS 67401 USIKS providimgfor Salina Family Aquatic Center 701 W. Kenwood Park Dr. Salina KS NOW, THEREFORE, if the said Straub Construction Company, Inc. or any Subcontractor of Straub Construction Company, Inc. shall well and truly pay all indebtedness incurred for supplies, materials, equipment or labor furnished, used or consumed in connection with or in or about the construction of the above described work so as to comply with the provisions of Section 60-1111 (for public works) or Section 60-1110 (for private works) of the General Statutes of Kansas, 1963, and as amended effective January 1, 1974, then this obligation to be null and void, otherwise to be and remain in full force and effect. Whereby the records day of certify that the above bond is of Straub Co ruction Company, Inc. (Seal) BY: Parker J. V e u Jr. P esident Liberty Mutual Insurance Company (Seal) BY: Brenda L. Linze Attorney In Fact Surety Phone No. 610 832 8240 approved and that said bond has been filed in County, this Clerk of the District Court PMi/XSB0ND 2510164 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, •,_Brenda L. Linze ............................................................................................ its true and lawful attomey-in-fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any location within the United States, the following surety bond: Principal Name: Straub Construction Company, Inc. Obligee Name: City of Salina KS City/County Building LMS Surety Bond Number: 674-013-637 Bond Amount: See Bond Form That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys4n-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: Pursuant to Article XIII, Section 5 of the By-laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizences and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 2e day of MARCH , 2009. COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 2e day of MARCH , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHERLOF;;t have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above writtgh. - " COMMONWEALTH OF PENNSYLVANIA Notarial Seal i. Teresa Pastella,. Notary Public By i Plymouth.rwp., Montgomery County Teresa Pastelia, Notary Public CERT{FICAT My Commission Expires March 28, 2013 Member, Pennsylvania Association of Notaries I, the undersigned 'Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is In full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TEST114QNY WHEREOF,1):i6le hereunto subscribed my name and affixed the corporate seal of the said company, this 19th day Of MayU yy ;r By `?~a'' David M. Carey, Assistant Secretary LIBERTY MUTUAL INSURANCE COMPANY N\ .0 By Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 2e day of MARCH , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHERLOF;;t have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above writtgh. - " COMMONWEALTH OF PENNSYLVANIA Notarial Seal i. Teresa Pastella,. Notary Public By i Plymouth.rwp., Montgomery County Teresa Pastelia, Notary Public CERT{FICAT My Commission Expires March 28, 2013 Member, Pennsylvania Association of Notaries I, the undersigned 'Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is In full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TEST114QNY WHEREOF,1):i6le hereunto subscribed my name and affixed the corporate seal of the said company, this 19th day Of MayU yy ;r By `?~a'' David M. Carey, Assistant Secretary ACORD. CERTIFICATE OF LIABILITY INSURANCE °"8/2000/9 ' CERTIFICATE MAY BE ISSUED OR :MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 5 18 200 9 PRODUCER Phone: 913-341}8998 Fax: 913-341-2923 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cretcher Heartland Incorporated 4551 West 107th Street; Third Floor Overland Park KS 66204 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EFFECTIVE 2/1/2009 POLICY EXPIRATION 2/1/2010 INSURERS AFFORDING COVERAGE NAIC #. INSURED Straub Construction Co, Inc. 7775 Meadow View Drive INSURER& Ameri sure Mutual Ins Co INSURERB:RLI Insurance Co INSURERC:United Fire & Casualty Com an 13021 Shawnee KS 66227 INSURERD:United Fire & Casualty Com an INSURER E: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 2/1/2009 POLICY EXPIRATION 2/1/2010 LIMITS C X GENERAL LIABILITY 60369005 EACHOCCURRENCE $ 1 000,000 PREMISES Ea oocurence $300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MED EXP (Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 X AT By Con rant GENERAL AGGREGATE $2.000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JECT PRO LOC C AUTOMOBILE X LIABILITY ANY AUTO 60369005 2/1/2009 2/1/2010 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Peraccident) X X HIREDAUTOS NON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO AUTO ONLY: AGG $ D EXCESSIUMBRELLA LIABILITY X OCCUR F-1 CLAIMS MADE 60369005 2/1/2009 2/1/2010 EACH OCCURRENCE $6,000,000 AGGREGATE $6,000,000 $ DEDUCTIBLE $ RETENTION $-0- A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC204306701 2/1/2009 2/1/2010 X wCSTATU- X OTH Mo Work Comp E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ B OTHER Builders Risk BINDER 6/1/2009 6/1/2010 Limit 11,500,000 Deductible 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Family Aquatic Center, Salina, Kansas; City of Salina, Kansas and Aquatic Design Consultants, Inc. (engineer) are rimary, non-contributory additional insureds as respects General Liability, (including completed operations), and Auto Liability; Umbrella follows form; Waiver of Subrogation applies as respects General Liability and Auto. CERTIFICATE HOLDER CANCELLATION ACUKU z5 (zu0111018) ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Salina, Kansas BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER 300 W. Ash St. WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Salina KS 67401 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE d, ACUKU z5 (zu0111018) ©ACORD CORPORATION 1988