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2003 Fall Street MarkingCONTRACT THIS AGREEMENT, made and entered into this ~.5'~ day of ~,,~/ 20 ~.~, by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and TWIN TRAFFIC MARKING CORPORATION, Second Party, hereinafter referred to as the "Contractor." WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in accordance with the provisions of the "General Clauses," the said Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to construct and complete the improvements in a good, substantial and workmanlike manner; ready for use and in strict accordance with the contract drawings and specifications, as approved and filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the sum or sums due him, by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Engineer; in accordance with the provisions of the "General Clauses," and as set forth in the proposal as accepted by the Owner. ARTICLE 3. It is hereby further agreed that at the completion of the work and its acceptance by the Owner, all sums due the Contractor by reason of his faithful completion of the work; taking into consideration additions to or deductions from the contract price by reason of alterations or modifications of the original contract, or by reason of "Force Account" work authorized under the contract in accordance with provisions of the "General Clauses;" will be paid the Contractor by the Owner within 30 days after said completion and acceptance. ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shall be deemed to refer to said Contractor whether a corporation, partnership, or individual; and this contract and all covenants and agreements thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. C-1 ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract" shall include all contract documents as specifically set out in the "General Clauses," and thereby made a part of this agreement to the same extent as if set out at length herein. ARTICLE 6. It is hereby further agreed that the undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction no sooner than OCTOBER 1, 2003; and the completion of the construction, ready for acceptance by NOVEMBER 15, 2003 for the 2003 FALL STREET MARKING in the amount of $16,575.00 IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and year first herein written, all copies of which to all intents and purposes shall be considered the original. CONTRACTOR, SECOND PARTY TWIN TRAFFIC MARKING CORPORATION (O'ffi~e or position of signer) Seal - if Contractor be a corporation OWNER, FIRST PARTY THE CITY OF SALINA, KANSAS MAYOR Attes~~ CITY CLERK C-2 PERFORMANCE BOND Bond No: 0871267# KNOW ALL MEN BY THESE PRESENTS, THAT Twin Traffic Markin.q Corporation OF Fidelity and Deposit Company Kansas City, Mo. , as principal, and of Maryland , , a corporation, organized under the laws of the State of Maryland ,with general office in PO Box 1227 P,a Itimc~r~: MI-') ?17~3 and authorized to transact business in the State of Kansas as surety, are held and firmly bound unto the Owner, CITY OF SALINA, KANSAS, in the penal sum of Sixteen Thousand Five Hundred Seventy Five and No/100 dollars ($16,575.00 ) lawful money of the United States for the payment of which sum, well and truly to be made, said principal and surety bind themselves, their heirs, administrators, executors, successor and assigns, jointly and severally firmly by these presents. Signed, sealed, and delivered this ~,~ day of ~-,-~-~' ,20¢J. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said principal...has entered into a written contract with the Owner, CITY OF SALINA, KANSAS, dated fZ~.~. ,2.~ , 20 ~_~ , for the furnishing of all materials and labor and doing of all the work o~ whatever kind necessary to construct certain 2002-2003 Spring and Fall Street Marking, Proiect No. 02-1338 improvements for the said Owner, all in accordance with the specifications for such work on file in the office of the Owner; and in accordance with said contract a copy of which is, or may be, attached hereto and which is by reference made a part hereof. NOW THEREFORE, if said principal shall well and truly perform all of the covenants, conditions, and obligations of said contract on the part of said principal to be performed; and shall hold the Owner harmless against all claims, loss, or damage which it may sustain or suffer by reason of any breach of said contract by said principal, or by reason of an injury to persons or property occasioned by the action of said principal or his employees; and if said principal shall maintain the improvements to be constructed by him as provided for in said contract above referred to; then this obligation shall be void; otherwise to remain in full force and effect. PB-1 The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed thereunder, or the specifications accompanying the same shall in any Way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract, or the work, or the specifications. IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized agent or agents, all as of the day and year first above written. This document is executed in triplicate. Twin Traffic MarkinR Corporation ~/-- Principal Fidelity and Deposit Company of Maryland PO Box 1227, Baltimore, MD 21205 Surety BY Attorney-in-fact & KS, Non-Resident Agent Linda L. Nutt THOMAS MCGEE, 920 MAIN ST,, STF-- 1700 PO BOX 419013 KANSAS CITY, MO 64141-6013 (A certified copy of the agent's power of attorney must be attached here~42-4800 PB-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, w~:.xl~ set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date her?f~d~s~'~inate, conStitute and appoint J. Douglas JOYCE, Eric Van BUSKIRK, Linda L. NUTT,?~~I~ISL'~R~, ~i{~el T. KELLY, Brenda L. LINZE and Lisa M. TORTORA, all of Kansas City, M~o'~l~qcl'lY-~~~nd Attorney-in-Fact, to make, execute, seal and deliver, for, and on its bet3a~f3t~a~a~ j~,~tgl~ ~l,'e~ah~ and all bonds and undertakings and the execution of such b~nd~o~~ ~resents, shall be as binding upon said Company, as fully and amply_~.t~~t~t~~~een duly executed and acknowledged by the regularly elected of~~ Chah~/~n~ i~f~.~xt~ifn~re, Md., in their own proper persons. This power of attorney revokes that issued 6~a',i~.tf ~t~Cih~Eg~Eric Van BUSKIRK, Linda L. NUTT, Barbara A. MILLER, Michael T. KELLY, Brenda L. I~~ I~_ ~T~0KqDR~, dated April 30, 2003. The said Assistant S~rL't~x~ does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of May, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President State of Maryland '~ ss: City of Baltimore On this 13th day of May, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding inStrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 written. POA-F 076-0532 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of ., Assistant Secretary STATUTORY BOND Bond No: 0871267# KNOW ALL MEN BY THESE PRESENTS, THAT Twin Traffic Marking Corporation of Fidelity and Deposit Company Kansas City, Mo. , principal and of Maryland , a corporation organized PO Box 1227 under the laws of the State of Maryland , with general offices in Baltimore~ MD 21203 and authorized to transact business in the State of Kansas as Surety; are held and firmly bound unto the State of Kansas in the penal sum of Sixteen Thousand Five Hundred Seventy Five and NO/100 dollars ($16,575.00 ) lawful money of the United States; for the payment of which sum, well and truly to be made, said principal and surety bond themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed, and delivered this ~,~.~¢~ day of THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said prin,~j~al has entered into written contract with the CITY OF SALINA, KANSAS, dated ~. ~5~ ,20~D.~, for the furnishing of all materials and labor and doing all the work of/whatever kind necessary to construct certain 2002-2003 SPRING AND FALL STREET MARKING PROJECT improvements for the Owner; all in accordance with the detailed plans and specifications for such work on file in the office of the Owner; and in accordance with said contract, a copy of which is by reference made a part hereof. NOW THEREFORE, if the said principal, or the subcontractor or subcontractors of said principal, shall pay all indebtedness incurred for supplies, materials, or labor furnished, used, or consumed in connection with, or in or about the construction or making of, the above described improvement; including gasoline, lubricating oils, fuel oils, greases, and similar items used or consumed directly in furtherance of such improvement; this obligation shall be void; otherwise, it shall remain in full force and effect. SB-1 The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way effect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said surety has caused these presents to be executed in its name, and its corporate seal is to be hereunto affixed, by its duly authorized agent or agents, all as of the day and year first above written. Twin Traffic Markin,q Corporation Principal Fidelity and Deposit Company of Maryland PC) Box 1227~ Baltimore~ MD 21203 Surety ~{OMAS MCGEE, L.C. o~0 MAIN ST., STE. 1700 BOX 419015 ~&NSAS CITY~ MO 64141-6013 816/842.4800 By Linda L. Nutt Attorney-in-fact & KS Non-Resident Agent (A certified copy of the agent's power of attorney must be attached hereto.) (Contractor shall file with the Clerk of the District Court.) SB-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company,~w~c~ set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date here~of~d~s~nate, constitute and appoint J. Douglas JOYCE, Eric Van BUSKIRK, Linda L. NUTT_, B~[~"a~\ .~VI~SL~I~, ~q~! T. KELLY, Brenda L. LINZE and Lisa M. TORTORA, all of Kansas City, M.~r~~~~~~nd Attorney-in-Fact, to make, execute, seal and deliver, for, and on its bgba~~a~~a~ ~.~~-and all bonds and undertakings and the execution of such lmnd~o~a~~~ ~-rese.nts, .sha!l be a.s binding upon said Company, as fully and ampl~ya.t~~d~pt~~~ h~l~een duly executed and acknowledged by the regularly elected of[w..~l~ C-~a~n~t i~:~l.~l~-ifn~re, Md., in their own proper persons. This power of attorney revokes that issued 6~5'~f ~~~ric Van BUSKIRK, Linda L. NUTT, Barbara A. MILLER, Michael T. KELLY, Brenda L. I~~a 1~ YORORA, dated April 30, 2003. The said Assistant S~rbta~ does hereby certify that the extract set forth on the reverse side hereof is a tree copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of May, A.D. 2003. ATTEST: State of Maryland '~ ss: City of Baltimore On this 13th day of May, FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary A.D. 2003, before the subscriber, a By: Paul C. Rogers Vice President Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 076-0532 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of ., Assistant Secretary ACORD. CERTIFICATE OF LIABILITY INSURANCE oe,D A~ OATE(MM/DD/YYYY) TWINT- 1I 08/18/03 PRODUCER THIS CEK/iFiCATE IS ISSUED ,aS A MAI I eR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAFE Thomas McGee, L. C. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 920 Main, Suite 1700 ALTER THE COVER/~E AFFORDED BYTHE POLICIES BELOW Kansas City MO 64105 Phone .' 816-842 -4800 Fax'. 816-472 -5018 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Zu=~.ch x~erJ.¢~n ot Ill].nots* INSURER B: Gulf Insurance Company Twin Traffic Marking Corp iNSURERC: Zurich American Ins Co* Annette M 4100 Van de PoDouliere ~NSURERD: Riverside MO 6~150 INSURER E: COVERAG;_$ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVlTHSTANDING 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. POMCY ~-~CTiVE POMCY EXPIRATION LTR INSRn TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY G~.O3707273 01/01/03 01/01/04 U^M~UC ~U~N~CU PREMISES (La occurence) $ 300000 I CLAIMSMADE ~-~ OCCUR MED EXP (Any one person) $ 10000 X Per Proj Aggregat PERSONAL&ADVINJURY $ 1000000 x Blkt Add' 1 Insrd GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2000000 [ POLICY ~---]PRO- JECT [-~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 C X ANY AUTO DAP3707274 01/01/03 01/01/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ I ANYAUTO OTHERTHAN FA-ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 8000000 ~, X I OCCUR ~ CLAIMSMADE GS6731041 01/01/03 01/01/04 AGGREGATE $ 8000000 $ DEDUCTIBLE $ X RETENTION $10000 $ WC STATU- OTH- WORKERS COMPENSATION AND X TORY LIMITS J ER EMPLOYERS' LIABILITY A ANY pRoPRiETOR/PARTNEpjEXEcuTiVE WC3707275 01/01/03 01/01-/04 E.L EACH ACCIDENT $ 500000 OFFICEPJMEMBER EXCLUDED? E.L. DISEASE -. EA EMPLOYEE $ 500000 Ifyes, descdbe under SPECIAL PROVISIONS below E.L. DISEASE .. POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS TTMC#:4469. RE'. Project 02-1338. 2003 Fall Street Markings. CP$16,575.00. City of Salina, Kansas Department of Engineering and General Services are named as additional insureds except on Workers compensation. CERTIFICATE HOLDER CANCELLATION SALIKS2 City of Salina, Kansas Dept of Engineering a General Services 300 W. Ash Salina KS 67402-0736 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR MABILrTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2901108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsem ent(s). If SUBROGATION IS WAIVED, subject to the term s and conditions of the policy, certain policies m ay require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsem ent(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authoriz ed representative or producer, and the certificate holder, nor does it ' affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)