Aerial Platform Truck Purchase Agreement
fD!ienbauef
Firet'lghtlng TechnolDgy
Central Division
100 Third Street
PO Box 57
lyons. SO 57041
605-543-5591
605-543-5593 Fax
sales@centralfire.com
www.centralfire.oom
General DiviSion
5181 260'" Street
Wyoming, MN 55092
651-462-1000
651-462-1700 Fax
gsefa@ao/.com
RKAerials,llC
870 South Broad Street
Fremont, NE 6S025
402-721-7622
402-721-7622 Fax
r1<1adders@hotmail.com
READV TO SERVE
To: Salina Fire Department
City of Salina
222 W. Elm
Salina, KS 67401
July 21, 2009
We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by
the Salina Fire Department, hereinafter called the BUYER and an officer of Central States Fire Apparatus,
LLC, a division ofRosenbauer America, hereinafter called the COMPANY, the foIlowing apparatus and
equipment:
One (1) Rosenbauer 101' Aerial Platform, Apparatus Body and Specified Equipment
mounted on a Spartan Gladiator Custom Chassis
TOTAL* $859,682
Eight Hundred Fifty Nine Thousand Six Hundred Eighty Two Dollars
All of which are to be built in accordance with the specifications, clarifications and exceptions attached, and
which are made a part of this agreement and contract.
Delivery: The estimated delivery time for the completed apparatus, is to be made 340 days after receipt of and approval
of this contract duly executed, (chassis must arrive within 150 days or delivery may be delayed), subject to all causes
beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials required to
produce the apparatus in a timely manner. The Company can not be held responsible for delays due to Acts of God,
Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to oUJr manufacturing facilities of
these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork
from the Buyer and that no changes take place during pre-construction, mid point inspections or fmal inspections.
Changes required or requested by the Buyer during the construction process may be cause for an increase in the number
of days required to build said apparatus.
Payment Terms: A payment in the amount of $266,483.00 shall be made upon completion of the chassis. A payment
in the amount of $272, 158.00 shall be made upon completion of the aerial. Final payment of $32 1,041.00 for the
apparatus shall be made at time of delivery or pick up of the completed vehicle. It is the responsibility of the Buyer to
have full payment ready when the apparatus is complete and ready to deliver. If payment is delayed or delivery is
delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of
the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance. It is further agreed that
if on delivery and test, any defects should develop, the Company shall be given reasonable time to correct same.
Guarantee ofthe chassis is subject to the guarantee of the chassis manufacturer.
*NOTE: The chassis and aerial must be paid for upon completion at the factory or interest charges will apply.
The amount in this proposal shall remain firm for a period of 30 days from the date of same.
Respectfully submitted,
CITY OF SALINA
DEALER
Max Fire Apparatus
Sales Representative
Ken Giersch
Dealer Name
t
-1- -~. ...04
Date
After company receipt of this document signed by the Buyer, the document will be reviewed and upon
approval, countersigned by the Company putting the document in force.
CENTRAL STATES FIRE APPARATUS. LLC
Title
Date
S
H
I
p
T
o
CITY OF SALINA
PURCHASE ORDER
P.O. BOX 736
SALINA, KS 67402-0736
785-309-5736
DATE
8/05/09
15694
09~00081-001
VENDOR NO.
SUBMIT ALL INVOICES IN DUPLICATE TO BELOW ADDRESS
ATTENTION: ACCOUNTS PAYABLE
PURCHASE ORDER NUMBER MUST APPEAR
ON ALL INVOICES, SHIPPERS, BILL OF LADING
AND CORRESPONDENCE.
MaxFire
V
E
N
D
o
R
P.O. Box 1658
Castle Rock
CO 80104
KAYM
859682.00
DIRECT INQUIRIES TO
DIRECTOR OF FINANCE
1. SHIPMENTS MAY BE REFUSED IF THE
PURCHASE ORDER NO. IS NOT SHOWN
ON SHIPPERS AND BILL OF LADING.
2. EXEMPT FROM STATE l LOCAL AND
FEDERAL TAXES.
3. SUBSTITUTIONS WILL NOT BE ACCEPTED
WITHOUT PRIOR APPROVAL.
4. PARTIAL SHIPMENT WILL BE ACCEPTED IF
INVOICED SEPARATELY.
ORIGINAL
Q
rD51!nbauI!r
FlreFlghtlng Technology
Central Division
100 Third Street
Lyons. SD 57041
Phone: (605) 543-559\
Fax (605) 543-5593
E-mail: centralsales@
rosen bauera merica.com
General Division
518\ - 260th Street
Wyoming. MN 55092
Phone (651) 462-1000
Fax (65\) 462-1700
E-mail: generalsales@
rosenba ueramerica .com
R.K. Aerials
870 South Broad Street
Fremont. NE 68025
Phone: (402) 72\-7622
Fax (402) 721-7622
E-mail: rksales@
rosenbaueramerica.com
www:rosenbaueramerica.com
READY TD SERVE
August 14, 2009
RECEIVED
AUG 1"7 2009
CITy MA
NAGER/~ (JrF/Si
Mr. Jason A. Gage, City Manager
City of Salina
300 West Ash, PO Box 736
Salina, KS 67402-0736
Dear Mr. Gage,
Thank you and the City of Salina for your order of a Rosenbauer
100' aerial platform. The Rosenbauer team, including your dealer,
Max Fire Apparatus, looks forward to providing you with a quality
built fire apparatus. Enclosed please find a copy of the signed
contract.
Feel free to call your Max Fire Apparatus representative or contact us
at the number to the left with any questions you may have as we
approach construction of your new truck. Please refer to Job Number
3109 with any correspondence.
We look forward to working with you and, as our logo states, we are
"Ready To Serve".
Sincerely,
1J~ ~a
Dan Schmidt
Contract Administrator
Encl: contract
cc: Max Fire Apparatus
... ~ ... ..
To: Salina Fire Department
City of Salina
222 W. Elm
Salina, KS 67401
July 21, 2009
We herehy ptt)'pose and agree to. fU(riisn. after youracteptartce ofthispr()posal and the proper execution by
theSalinll Fire Departmen; hereinaftercalledthe BUYER and an officer of Central States Fire Apparatus,
LLC, a division of Rosenbauer America, hereinafter called the COMPANY, the f(lllowingapparatus and
equipment:
One (1) Rosenbauer lQl' ,AerialPlatforttl.~ ApP!3tatu& Body at'l.<1 Specified Equipment
mounted on a Spartan Gladiator CuStom Chassis
TO'I'AL* $$59,682
Eight Ilundrfi!dFifty Nin~1'Jl()1~Sllncl SixHnndred Eigl1ty Two l)Qllal'S
AU of which are to he built. in accorQ.ancewith the SPecifications, claritications andexceptiolls .hed, and
which are ma<ie a part oftMs ~ment and contract.
Delivery: The estimated deliverY tinte fOrtl1lfcoltlple~ appamws, istj> be.ltl~e 340 da~safter ~eipt of and approval
of this con~t dilly exec\]ted, (cbassismust llQ"ive. within 150 clays or delivery may be delayed), subject to all causes
beyOY9 the Company's control. . The quoted. delivery tilne is l>#edupon our receipt ofthes~ifi~ materials ~eqUired to
produce the apparatus ina timely manner. l1w C9mpatl)'cannot be held. responsible fQ~delaY$ due to Acts of God,
Laoor Strt'k:es, or Cl1anges in GoyemmerttalRegUlations that reswt in delayed delivery t{) Ollr milllllfactl1ringi"AAilities of
these specified materials. This delivel}' estim~ iSQ~d on the Companyreceivin~complete andaoourate paperwork
from. the Buyer and that nocl1anges take place during pre.;constmcnon. mid poil1t inspections or final inspections.
Changes reqlli~dor rt;qu~ted b)' the Buyer dUring the.const~tionprocess may becau::;efor 8IJ increase in the l1lJ111ber
of days reqllired.to build said apparatus.
Payn1eilt Te~:. Al'llyment in thewnolllltof$466,483.()() shall be mllde upon compleuonorthe chassis. A l'llyment
in the amount of $472, 158.00 shllll be made UPO\l COmpletion ~fthe aeriaL . F1lllll paYment of$32t,041.00 for the
apparatus shalt be. made at time of€l~liveryor pick up .of the ComPleted vehicle. It is the resp~IjSibility of the Buyer to
have fl\llpaYltlent ready w~ fheaJlPlU"'ltlls is completeillld ready to €lelive;r. Ifpa,Y1l1~tisdelayed or delivery is
d.elay~.pending payment, a. dllilyfinanceand storllge fee may a.PPly. .Vpondelivery of the apparlitusorul'On pickup of
the apparatus by the Buyer, Buyer agrees to provide aU 1iabiijty arn.iphysical dt$:\li\ge insUtWl<:e. .It is flIrther agreed that
if OQ delivery. and test. any defects sMuId.develop,the Company shall be given reasonable time to 9OI1'ect same.
Guaramee of the chassis is subject to the guarantee of the chassis manufaeturer.
*NOTE: The chassis and aerial must be paid for upon completion at the factory or interest charges wUlapply.
The amount in this proposal shall remain firm for a period of 30 days from the date of same.
Central Oivisfon
100 1bitt! SlraeI
PO Sox 57
Lyons. SO 51041
505-543-5591
6a5-543-~3 Fax
;;a~tralfire.(;Om
www.cenlralfire.com
Respectfully submitted,
CITY 01' SALINA
lJEALE!(
Max Fite Apparatus
Sales Representative
Ken Giersch
Dealer Name
General Division
5181 260" SItJ!eI
Wyoming, MN 55092
651-462.1000
651-462.1100 Fax
gsefa@aol.com
_ i--at....~
Date
ll:l< Aeli;ils. LLC
870 South Broad.5treet
Fremo'!l, t.iE 6~a25
402-72F622
402-721-1622 Fax
rl<ladders@holmaif.com
After company receipt ofthisdocilmentsigned by the Buyer, the document win be reviewed and upon
llPproval, countersigned by the Company putting the document in force.
READY TO SERVE
Date
"
~
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 105239469
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
Central States Fire Apparatus, LLC
PO Box 57
Lyons, SD 57041
OWNER (Nlame and Address):
Salina Fire Department, City of Salina
222 W. Elm
Salina, KS 67401
CONSTRUCTION CONTRACT
Date: July 28, 2009
Amount: $859,682.00 Eight Hundred Fifty Nine Thousand Six Hundred Eighty Two Dollars and 00/100
Description (Name and Location): One (1) Rosenbauer 101' Aerial Platform, Apparatus Body Mounted on a
Spartan Gladiator Custom Chassis
BOND
Date (Not earlier than Construction Contract Date): July 31,2009
Amount: $859,682.00 Eight Hundred Fifty Nine Thousand Six Hundred Eighty Two Dollars and 00/100
Modifications to this Bond: E9 None 0 See Page 3
CONTRACTOR AS PRINCIPAL
Company:
Central States Fire Ap
SURETY
Company: (Corporate Seal)
Travelers Casualty and Surety Company of America
Signature: ~~ ~
Name and Tit e: Lor Klein
Attorney-in-Fact
(Any additional signatures appear on page 3)
(FOR INFORM A nON ONL Y - Name, Address and Telephone)
AGENT or BROKER:
Holmes Murphy & Associates, Inc.
5120 S. Solberg Avenue
Sioux Falls, SD 57108
605-336-1 090
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party) :
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
1
"
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 11 the Contractor performs the Construction Contract,
the Surety and the Contractor shall N\'e no obligation
",nder this 80nd, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Defauh, the Surety's oblig.uion
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to dist;uss methods of performing the Construc-
tion Contract. Jf the Owner, the Contractor and the
Surety agree, the Contractor shan be allowed a reason.
able time to perform the Con$truction Contract, but
such an agreement shalf not waive the O\1mer's right, if
any. subsequently to dedare 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 shan not be de.
dared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The (h'1tner has agreed to pay the Balance of the
Contract Pr.,ce to the Surety in accordance with the
terms of the Construction Contractor toa contractor
selected to perform the Construction Contract in aceor.
dance with the terms of the contract with the O\'Io'Oer.
4 When the Owner has satisfied the conditiOI1S of Para.
graph 3. the Surety shall promptly and at the Surely's ex.
pense take one of the followingaclions:
4.1 ArrangE~ for the Contraictor. with consent of the
Owner, to perform and complete the Construction
Contract; Of'
4.2 Undertake to perform and complete the Construc-
tion Contract itself. through tis agents or through inde.
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
quaJified contractors, acceptable to the Owner for a
contract for performance and completion of Ihe Con-
structiOn Contract. arrange for a contract to be pre.
pared fOf execution b)' the Owner and the contractor
seletted with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified sUlrcty 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 incuncd by the
Owner resutling from the Contractor's default; or
4.4 Waive its right to perform and complele, arrange
for completion. or obtain a new contractor and with
reasonable promptness underlhe circumstal1c:es~
.1 After investigation, determine the amount for
which it may be liable to the Owner and. as
sooo as practicablcllitcr the amount is deter-
mined. tender p.aymernt. therefor to the
Owner; or
.2 Deny tiabllity in whole 01' in part and notify the
Owner citing reasons therefor.
S U the Surety doos not proceed as provided in Paragraph
4 with reasonable promptness, the SurctyshaU be deemed
to be in default on thrs 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 clllitled to enforce any
remedy available to the Owner. Ii the Surely proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment hmdered or the Surety has denied liability. in
whole or in parr, without further notice the OwnN shall be
entitled to enforce .any remedy available to the Owner.
6 Ailer the Owner has terminated 1he 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 responsibmties 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 shan not be greater than those of the
Owner under the Construction Contll'act. To the limit ohhe
amount of this Bond, but subject t<> commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure.
tyis obligated without duplication for:
6.1 TheresponsibiUties of the Contractor forcorrec-
lion of defective wo~ and completion of the ConstfUc.
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 a<::t of the Surety
under Paragraph 4; and
6.3 liquidated damages, or if nO liquidated damages
are specified in the Construction Comract, 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 Contractorthat are unrelated to the Con.
struction Contract, andlheBalance of the Contracl Price
shall not be reduced Or set off on .1ccount 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 nots('e.of any change, indud--
ing changes of time, to lhe Construction Contract or to
related subcontracts. purchase orders and olher obliga~
lions.
9 Any proceeding, legal 01" equitable, under this Bond
may be instituted in any court ot competent jurl~diction in
the location in which tile work or part of the work is located
and shall be instituted within two years after Contractor
Default or within tw'O years .liter the Contractor ceased
working or within {\yo 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 avait-
AlA DOCUMENT 1\312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
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
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 105239469
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
Central States Fire Apparatus, LLC
PO Box 57
Lyons, SD 57041
OWNER (Name and Address):
Salina Fire Department, City of Salina
222 W. Elm
Salina, KS 6"1401
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
CONSTRUCTION CONTRACT
Date: July 28, 2009
Amount: $859,682.00 Eight Hundred Fifty Nine Thousand Six Hundred Eighty Two Dollars and 00/100
Description (Name and Location):One (1) Rosenbauer 101' Aerial Platform, Apparatus Body Mounted on a
Spartan Gladiator Custom Chassis
BOND
Date (Not earlier than Construction Contract Date): July 31, 2009
Amount: $859,682.00 Eight Hundred Fifty Nine Thousand Six Hundred Eighty Two Dollars and 00/100
Modifications to this Bond: 0 None 00 See Page 6
CONTRACTOR AS PRINCIPAL
Company:
Central States Fire App'
(Corporate Seal)
, LLC
SURETY
Company: (Corporate Seal)
Travelers Casualty and Surety Company of America
Signature: ~ I-f..,,{ . /C-Lt-:-
Name and T~n Klem
Attorney-in-Fact
(Any additional signatures appear on page 6)
(FOR INFORMA nON ONL Y - Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other
AGENT or BROKER: party) :
Holmes Murphy & Associates, Inc.
5120 S. Solberg Avenue
Sioux Falls, SD 57108
605-336-1090
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants, and
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.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Payor 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
AlA DOCUMENT ,11.312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
5
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.
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.
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.
15.2 Construction Contract: The agreement
between the Owner and the Contractor identified on
the signature page, including all Contract Documents
and changes thereto.
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
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.
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
~ 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the
Surety's expense take the following actions:
~ 6.1 Send an answer to the Claimant, with a copy to the Owner, within 4$-60 days after receipt of the claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.
~ 6.2 Payor arrange for payment of any undisputed amounts.
~ 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However. if the Surety
fails to discharge its obligations under this Section 6. the Surety shall indemnify the Claimant for the
reasonable attornev's fees the Claimant incurs to recover anv sums found to be due and owing to the
Claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
6
State of
SOUTH DAKOTA
}
SS:
}
County of
MINNEHAHA
SURETY ACKNOWLEDGEMENT (ATTORNEY-IN-FACT)
On this 31st
day of July
in the year
2009
before me,
Susan Lane
,a Notary Public in and
for said County and State, residing therein, duly commissioned and sworn, personally
appeared
Lori Klein
known to me to be the duly authorized Attorney-in- Fact of the
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
and the same person whose name is subscribed to the within instrument as the Attorney-in-
Fact,
of said Company and the said
Lori Klein
duly acknowledged to me that he subscribed the
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
thereto as Surety and his own name as Attorney-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
Notary Public in and for
Minnehaha
County
State of South Dakota
My Commission expires:
October 22, 2010
BD-1410 ED. 6/76
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
~
TRAVELERSJ
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-In Fact No.
220014
Certificate No.
002938776
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that S1. Paul
Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company and S1. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Cheryl K. Havelaar, Nancy J. DeNeui, Bonnie Merz, Greg Krier, Susan Lane, Tracey Anderson, Lori Klein, and
Bridget Timmons
of the City of Sioux Falls , State of South Dakota , their hue and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in theirJ;msjpess oJ.guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or 'n aJ+,y"~ons allowed by law.
";i:y""Yi
Farmington Casualty ~q~p~':
Fidelity and Guaranty.~s"
Fidelity and Guaranty Ins
Seaboard Surety Company
S1. Paul Fire and Marine Insurance Company
20th
IN WITNESS WHEREOF, the Companies have caused this ins
d f May 2008
ay 0
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
o
~
~~~,.
l!;?;.~~~~:;\~'
\S60\SEAL/jj
\:':i";;........<~...'Y
~~
4~~.~
((c:;;~~
~~~
. .~
,
State of Connecticut
City of Hartford ss.
By:
On this the 20th day of May 2008 , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
'\<\w e. j~
'- Marie C. Tetreault, Notary Public
58440-5-07 Printed in U.S.A.
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
I
ACORI!. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDfYY)
07/31/09
PRODUCER 1-605-336-1090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy & Assoc-SF ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5120 S. Solberg Ave ALTER THE COVERAGE AFFORDED !BY THE POLICIES BELOW.
Sioux Falls, SD 57109 INSURERS AFFORDING COVERAGE
INSURED INSURER A: The Hartford
Central States Fire Apparatus LLC
Rosenbauer America LLC; Rosenbauer New England LLC INSURER B: Inters tate Fire and Casualty
PO Box 57 INSURER C:
Lyons, SD 57041 INSURER 0:
I INSURER E:
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.
I~.}'~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
A ~NERAL LIABILITY 41UUNSV6157 10/01/08 10/01/09 EACH OCCURRENCE $1,000,000
-.!.. OMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $300,000
- CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $10,000
- PERSONAL & ADV INJURY $1,000,000
- GENERAL AGGREGATE $2,000,000
~'L AGGRM LIMIT APMS PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY ~~g: X LOC
A ~TOMOBILE LIABILITY 41UUNSV6157 10/01/08 10/01/09
COMBINED SINGLE LIMIT $1,000,000
ANY AUTO (Ea accident)
-
~ ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
-
-.!.. HIRED AUTOS BODILY INJURY
$
X NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS LIABILITY UM01610645 10/01/08 10/01/09 EACH OCCURRENCE $15,000,000
~. OCCUR 0 CLAIMS MADE AGGREGATE $15,000,000
$
~ DEDUCTIBLE $
X RETENTION $10,000 $
A WORKERS COMPENSATION AND 41WESV6158 10/01/08 10/01/09 X I T"Xf STATU-} IOJ~-
RY LIMITS
EMPLOYERS' LIABILITY $ 500,000
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $ 500,000
E.L. DISEASE - POLICY LI MIT $ 500,000
OTHER
$
$
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: One (1) Rosenbauer 101' Aerial Platform, Apparatus Body Mounted on a Spartan Gladiator Custom Chassis
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Salina Fire Department DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
City of Salina NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
222 W. Elm IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Salina, KS 67401 AUTHORIZED REPRESENTATIVE ~~
I USA
ACORD 25-8 (7/97) )macnssf
12690220
@ACORDCORPORATION 1988
~