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2013 Dangerous Structures DemoMEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "Agreement ") is entered into this 30 °i day of January, 2013, by and between the City of Salina, Kansas ( "City "), and T & R Dirt Construction ( "Contractor "). Recitals A. The City and the Contractor have previously entered into an Agreement for the Demolition of Dangerous Residential Structures, dated January 18, 2013 ( "Demolition Agreement "), setting forth the terms and conditions of the Contractor's agreement to demolish and perform related services with respect to six (6) dangerous residential structures within the City of Salina. B. Pursuant to the Demolition Agreement, the Contractor agreed to provide the services specified therein in return for the City's payment of $58,420.07, which sum was itemized to specify the Contractor's compensation allocable to each of the six (6) properties subject to demolition. In particular, the parties agreed that the compensation for the Contractor's demolition of the property located at 633 S. 4`h St. would be $10,225.07. C. The parties are ready to proceed with the agreed demolition project, but the owner of the property located at 633 S. 4 "' St. is currently protesting the demolition and has requested additional time to bring the property into compliance with applicable laws. D. If the City's governing body determines that the demolition of 633 S. 4 °i St. is not required, the Contractor is agreeable to removing 633 S. 4`h St. from the scope of work under the Demolition Agreement, and reducing the contract price from $58,420.07 to $51,495.00. E. Subject to the City's agreement to the possible adjustment to the Contractor's compensation, the Contractor is willing to forbear from taking any action with respect to 633 S. 4 °i St. until further notice from the City, and to proceed with the demolition project as it relates to other five (5) properties. FOR AND IN CONSIDERATION of the mutual and reciprocal promises and agreements set forth herein, the parties agree as follows: 1. Forbearance of Action on 633 S. 4 °i St. Property. The City and the Contractor hereby agree that the Contractor shall forbear from taking any action with respect to the property located at 633 S. 01 Street until further notice from the City. 2. Potential Adjustment to Contract Price. If the City's governing body determines that the demolition of 633 S. 4 °1 St. is not required, such property -shall be removed from the scope of work under the Demolition Agreement, and the total contract price under the Demolition Agreement shall be reduced to $51,495.00. If the City notifies that Contractor to proceed with the demolition of 633 S. 4 "' St., however, then the total contract price shall be $58,420.07, as set forth in the Demolition Agreement. 3. Kansas Law Applies. This Agreement and its validity, construction, and performance shall be governed by the laws of Kansas. 4. No Oral Agreements. This Agreement constitutes the entire agreement between the parties and there are no representations, warranties, conditions, or agreements other than those expressly set forth herein. No other agreement, statement, promise, warranty, or representation made by any party to this agreement that is not in writing and signed by all parties to this Agreement shall be binding. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers on the day and year first above written. CITY OF SALINA, KANSAS By: 9- e, /4/(-� — ason Gage, City Manager T& By: Nam Title 2 AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and T & R Dirt Construction for THE DEMOLITION OF DANGEROUS RESIDENTIAL STRUCTURES This Agreement is entered into on the latest date of execution shown on the signature page by and between the City of Salina, Kansas, (the "City ") and T & R Dirt Construction (the "Contractor "). Recitals A. The City has advertised for bids for the procurement and performance of the services required to facilitate the demolition and site clearance of certain property in the City of Salina, and in connection therewith has prepared a request for sealed proposals, which includes certain instructions to bidders, specifications, terms and conditions. B. The Contractor has professional qualifications that meet the project requirements and has made a bid in accordance with such request for proposals to perform the demolition and site clearance work in accordance with the terms of this Agreement, which bid has been accepted by the City. The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: time. "Agreement" means this Agreement, as amended and supplemented from time to "City" means the City of Salina, Kansas. "Contractor" means T & R Dirt Construction and any successors or assigns approved pursuant to this Agreement. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement: Exhibit A: Scope of Services Exhibit B: Schedule Exhibit C: Basis for Payment Exhibit D: Insurance Requirements Exhibit E: Standard Provisions Mark with "X" if applicable 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Contractor agrees to perform the services according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Contractor for the services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage in the manner and amounts as set forth in Exhibit D, attached hereto, and shall provide to the City promptly following the execution of this Agreement certificates of insurance evidencing such coverage. The Contractor shall maintain such referenced insurance coverage at all times during the term of this Agreement, and will not make any material modification or change from these specifications without the prior approval of the City. Each insurance policy shall include a requirement that the insurer provide the Contractor and the City at least thirty (30) days written notice of cancellation or material change in the terms and provisions of the applicable policy. 6.2. Rating; Additional Insureds. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests" insurance guide, and licensed in the State of Kansas. All such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. With the exception of the workers' compensation policy to be obtained by the Contractor hereunder, all such policies shall name the City as an additional insured. The workers' compensation policy to be obtained by the Contractor hereunder shall contain a waiver of all rights of subrogation against the City. If the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require each such subcontractor to secure insurance that will protect against applicable hazards or risks of loss as and in the minimum amounts designated herein, and name the Contractor and the City as additional insureds. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 7. Standard Provisions. The Standard Provisions set forth in Exhibit E are made a part of this Agreement. 8. Inlury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309 -5705 in the event of such injury to person(s) or damage to property. 9. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Agreement. 10. Voluntary Termination. Intentionally omitted. 11. Default. If either party fails to comply with any term of this Agreement within 10 days after written notice to comply has been mailed by the non- defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement ( "Event of Default "). 12. Remedies. Upon the occurrence of an Event of Default, the non - defaulting party shall have the following rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law: 12.1. Termination. The non - defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 12.2. Other Remedies. The non - defaulting party may pursue any available remedy at law or in equity (including specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non - defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non - defaulting party resulting from such Event of Default. 13. Assignment. Due to the unique qualifications and circumstances of the parties, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 14. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. 3 I CITY: City Clerk P.O. Box 736 Salina, KS 67402 -0736 CONTRACTOR: T & R Dirt Construction P.O. Box 543 Salina, Kansas 67402 -0542 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. CITY OF SALINA, KANSAS ( "CITY ") NorCnan M,.–Yennings, Mayor Date: f – 19-)-013 ATTEST: By: t Lieu Ann Elsey, CMC, C�t Clerk APPROVED A 0 FORM: By: Clark, Mize & Linville, Chartered Legal Counsel City of Salina, Kansas 4 T & R DIRT CONSTRUCTION ( "CONTRACTOR") Z-�— M Date: 1j 'Q (6 �— EXHIBIT A RESPONSIBILITIES OF THE PARTIES It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the City, as set forth in the accepted Proposal and in accordance with the provisions of the General Clauses, the Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary for the demolition and clearance of the below - described structures, and to complete the work in a good, substantial and workmanlike manner, ready for use and in strict accordance with the contract specifications, as approved and filed pursuant to law in the office of the legal representative of the City. The structure(s) to be demolished pursuant to this Agreement are as follows: Tract Address Legal Description Tract Address Legal Description 1 1333 N. 0' Street Lot Thirty -two (32), Block Twenty -five (25), in the Episcopal Military Institute Addition to the City of Salina, Saline County, Kansas 2 633 S. 4 °i Street Lot Eleven (11), Lunkenheimer Addition to the City of Salina, Saline County, Kansas 3 636 N. 5 °i Street Lots Eighty -Two (82) and Eighty -Four (84), on Fifth Street, Jones Addition to the City of Salina, Saline County, Kansas 4 909 N. 11'x' Street Lot Ten (10), Block Thirty -one (31), Military Addition to the City of Salina, Saline County, Kansas 5 503 N. 13 °i Street Lots Thirty -eight (38) and Forty (40), Block Six (6), Northpark Addition to the City of Salina, Saline County, Kansas 6 604 N. 13 °i Street Lot Twenty -Five (25), Block Seventeen (17), Pacific Addition to the City of Salina, Saline County, Kansas EXHIBIT B SCHEDULE OF SERVICES The Contractor agrees to commence work before the date set forth in the Contractor's Proposal, after the receipt of a written "Notice to Proceed" issued by the City with respect to each structure to be demolished hereunder, and to fully complete all work within the time specified in the Contractor's Proposal. The Contractor shall be responsible for scheduling all work hereunder, and for coordinating the operations of all trades, subcontractors, and suppliers engaged by the Contractor in connection with the work, in such manner as to assure the expeditious completion of the work. EXhIIBIT C BASIS FOR PAYMENT 1. Compensation. The City shall pay the Contractor the following lump -sum amount(s), in consideration of the Contractor's performance of the work required by this Agreement for the demolition and clearing of the following structure(s). "tract Address Legal Description Price 1333 N. 4 °i Street Lot Thirty -two (32), Block Twenty -five (25), in the Episcopal Military Institute Addition to the $ 6,896.88 City of Salina, Saline County, Kansas 2 633 S. 4°i Street Lot Eleven (11), Lunkenheimer Addition to the City of Salina, Saline County, Kansas $ 10,225.07 3 636 N. 5 "' Street Lots Eighty -Two (82) and Eighty-Four (84), on Fifth Street, Jones Addition to the City of $ 9,679.17 Salina, Saline County, Kansas 4 909 N. I V" Street Lot Ten (10), Block Thirty -one (31), Military Addition to the City of Salina, Saline County, $ 6,757.83 Kansas 5 503 N. 13°i Street Lots Thirty -eight (38) and Forty (40), Block Six (6), Northpark Addition to the City of $ 14,274.26 Salina, Saline County, Kansas 6 604 N. 13 °i Street Lot Twenty -Five (25), Block Seventeen (17), Pacific Addition to the City of Salina, Saline $ 10,586.86 County, Kansas Total $ 58,420.07 2. Payment. The City shall make full payment to the Contractor within 14 days after the Contractor's full, complete, timely and faithful performance of the work required by this Agreement. EXHIBIT I) INSURANCE. REQUIREMENT'S Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for, and maintain — and shall require each of its authorized subcontractors to obtain and maintain — for the duration of the Agreement, policies of insurance meeting the following requirements: Commercial General Liability (CGL) CGL coverage shall be written on ISO Occurrence form CG00 01 or an industry equivalent. Coverage shall cover Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Personal and Advertising Injury. Such coverage shall meet the following requirements: • Minimum per occurrence limit of $1,000,000. • Minimum general aggregate limit of $2,000,000. • Personal and Advertising Liability limit of $1,000,000. • Policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. • Include broad form property damage which contains no exclusion commonly referred to as XCU exclusion, related to blasting, explosion, and collapse of buildings, or damage to underground property. • City shall be named as an Additional Insured. • Insurance for the Additional Insured shall include Products /Completed Operations and be as broad as the insurance for the named insured Contractor and include defense expense coverage. It shall apply as primary and non - contributory insurance before any other insurance or self - insurance, including any deductible, maintained by, or provided to, the additional insured(s). Contractor's Pollution Liability • Minimum per occurrence limit of $1,000,000. • Minimum general aggregate limit of $2,000,000. • Coverage must apply to Bodily Injury, Property Damage, Environmental Damage /Clean -up Cost and Emergency Response Expense. • Coverage may be written on an occurrence or claims -made form. • If coverage is written on a claims -made basis, Contractor must maintain the coverage for a minimum of 2 years after completion of all work under the contract. • Coverage must include contractual liability coverage and apply to claims arising out of the liability of sub - contractors, transit exposure and non -owned disposal sites. • The City shall be named as an Additional Insured. Insurance for the Additional Insured will include defense expense and be as broad as the insurance for the named insured and shall apply on a primary and non - contributory basis before any other insurance or self- insurance, including any deductible, maintained by, or provided to, the additional insured(s). Commercial Automobile Liability (CAL) The CAL coverage shall be written on ISO form CA 00 01 or an industry equivalent. In the event the Contractor's automobiles haul hazardous materials, coverage must be amended to include Pollution Liability - Broadened Coverage Form CA 9948 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws, owned, hired, rented or used by the Contractor and shall include automobiles not owned by, but used on behalf of, the Contractor. Such coverage shall meet the following requirements: • Combined single limit of $1,000,000. • The City shall be named as an Additional Insured under the Contractor's Commercial Automobile Liability insurance policy. Workers' Compensation /Employer's Liability with the following minimum limits: • Workers' Compensation (Coverage Part A) Statutory • Employer's Liability (Coverage Part B) 1. $100,000 each accident 2. $500,000 disease — policy limit 3. $100,000 disease —each employee • Where allowed by law, Waiver of Subrogation in favor of the City to be included, and evidenced by copy of the endorsement to the Contractor's workers' compensation policy Commercial Excess /Umbrella Liability (CEL) with the following minimum limits and requirements: • $1,000,000 each claim • $1,000,000 policy limit • Written on a follow form basis and be excess over underlying Employer's Liability, Auto Liability and General Liability policies. • Follow the form of the primary insurance and no less restrictive than underlying coverage forms. • Include City as an Additional Insured. • Maximum $25,000 retention/self insured hazards each occurrence. EXHIBIT E STANDARD PROVISIONS SP I. Retention and Inspection of Records. The Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. The Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. SP 2. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s) affected by the decision of the governing body not to appropriate. SP 3. Relationship. It is expressly understood that Contractor in performing services under this Agreement, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment -based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents, forms, or returns pertinent to the foregoing. SP 4. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent. SP 5, Compliance with Applicable Law. Contractor shall comply with all applicable federal, state, and local law in the performance of this Agreement. SP 6. Euual Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any, agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under this Contract because of race, sex, religion, age, color, national origin, ancestry or disability; (2) The Contractor shall observe the provisions of Chapter 13 of' the Salina Code and shall not discriminate against any person in the performance of work under this Contract because of race, sex, sexual orientation, gender identity, religion, age, color, national origin, ancestry or disability; (3) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the city's human relations director; (4) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44 -1031 and amendments thereto, the Contactor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (5) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become Final, the Contactor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (6) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, sexual orientation, gender identity, religion, age, color, national origin, ancestry or disability; and (7) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (1) Employs fewerthan four employees during the term of this Contract; or (2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year. SP 7. Administration of Agreement All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager, unless otherwise provided herein. SP 8. Feminine- Masculine, Singular- Plural. Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders. SP 9. Ieadings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. SP 10. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District Court. SP 11. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. SP 12. Severabilily. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. SP 13. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday, that termination time shall extend to 5:00 p.m. of the next full business day. SP 14. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns (if assignment is allowed under paragraph 13 of the Agreement) of the parties hereto. SP 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. SP 16. Typewritten or handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. SP 17. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. SP 18. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. SP 19. Waiver. No failure or delay by a party hereto to insist on the strict performance of any tens of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every tern of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. SP 20. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. SP 21. No Third Partv Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. 'There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. SP 22. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, lice prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non - prevailing party, in addition to any other amounts to which it may be entitled. SP 23. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. SP 24. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. CERTIFICATE OF COMPLETION FOR CITY OF SALINA, KANSAS PROJECT NO. DS 12 -001 2012 STRUCTURES DEMOLITION DATE OF ISSUANCE CONTRACTOR: CONTRACT: PROJECT: DEVELOPMENT SERVICES PROJECT NO. DS 12 -001 This Certificate of Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To CITY TATITOW61 CONTRACTOR I The Work to which this Certificate applies has been inspected by authorized representatives of CITY and CONTRACTOR, and that work is hereby declared to be complete in accordance with the Contract Documents on DATE OF COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR prior to final execution of the "Certificate of Completion ". The responsibilities between CITY and CONTRACTOR for security, operation, safety, maintenance, utilities, insurance and warranties and guarantees shall be as follows: CC -1 CONTRACTOR: The Contractor, at his or her expense and free of charge to the Owner, shall repair all defects in materials, workmanship, or any improper, imperfect, or defective preparation for such improvements for a one -year period beginning on the date indicated Previously as the "Date of Completion ". The following documents are attached to and made a part of this Certificate: (For items to be attached see definition of Completion as supplemented and other specifically noted conditions precedent to achieving Completion as required by Contract Documents.) This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by the CITY BUILDING OFFICIAL on M BUILDING OFFICIAL (Authorized Signature CONTRACTOR accepts this Certificate of Completion on in CONTRACTOR (Authorized Signature) CITY accepts this Certificate of Completion on 0 CITY rized Signature) CC -2 Date Date Date - _ 0 SECTION 1 - GENERAL SPECIFICATIONS 1. SCOPE: The work provided for in these Specifications shall consist of furnishing all technical personnel, labor, materials, equipment, and services required to perform and complete all work required for the demolition and clearance of the structures listed in the Contractor's Proposal, including all appurtenant structures, steps, sidewalks, structure slabs and foundations, fencing, and debris, and all accessory structures located on the property, including garages and storage sheds, and other incidental and related work as set forth in these Specifications and as directed by the Building Inspector to complete the proposed demolition. 2. UTILITIES: Before starting demolition, it shall be the responsibility of the Contractor to check that all utility service connections such as water, gas, electric power and telephone have been disconnected in accordance with the regulations of the applicable utility. The Contractor shall notify the utility company before proceeding with the work. The Contractor shall be responsible for including the cost of any abandonment of utilities in his bid proposal. No additional funding will be available for the abandonment of utilities in the event any of the utilities are still in service. The Contractor shall seal with concrete all storm and sanitary sewers leading from the structures to be demolished. The Contractor shall preserve in operating condition all active utilities traversing the project site, protect manholes, catch basins, valve boxes, etc. Any damage to any such utility by the Contractor shall be repaired by the Contractor, at his own expense, to the satisfaction of the utility company concerned and the City Building Inspector. 3. DEMOLITION: All foundations, footings, basement floors, exterior and interior walls, etc., along with all appurtenant and accessory structures on the premises, including garages and storage sheds, shall be completely removed. All appurtenances such as steps, porches, and similar structures shall also be completely removed. All concrete floors and slabs shall be removed whether supported by walls, columns, other supports, or resting on the ground. The Contractor shall also remove all private sidewalk within the property. 4. BARRICADES: The Contractor shall provide substantial barricades around the demolition site, including all excavations. These barricades shall be adequate to block access and to protect the public and workmen. Warning signs and warning signal lights shall be placed wherever the public is exposed to danger. If portions of streets, alleys, or the adjacent public parking lots are to be closed to allow certain demolition work to occur, the Contractor shall notify the City Engineer three (3) days in advance of his desire to close or barricade a portion of a street, alley, or public parking lot. The City Engineer shall coordinate the closing operation with other affected City departments. 1 -1 5. PROTECTION OF PROPERTY AND PERSONS: Adequate protection of persons and property shall be provided at all times. The work shall be executed in such a way as to avoid hazard to persons and property, interference with the use of adjacent buildings, and interruption of free passage to and from adjacent buildings. Streets, curbs and all street sidewalks parallel to the curb shall be protected to prevent damage from occurring due to demolition activities. The Contractor shall also provide continuous protection for pedestrians using street sidewalks adjacent to demolition sites. 6. DISPOSAL OF DEBRIS: The Contractor shall remove all debris found on the site which is the result of demolition operations, from the project site to any location the Contractor may select, provided the disposal method and area are in compliance with all laws and regulations. The Contractor shall be permitted to use the City's landfill facility for debris disposal. Normal disposal fees will apply. 7. FILLING EXCAVATION AREA: Before filling the excavation area, the Contractor shall thoroughly clean out the same, removing all debris. All excavations shall be inspected by the Building Inspector prior to filling operations. Only materials approved by the Building Inspector shall be used for filling the excavation area, to finished grade. The approved backfill material shall be compacted by rolling, tamping, or other methods approved by the Building Inspector, until the entire fill to finished grade has attained a density equal to the specified compaction limits. Embankments shall be placed in layers, not to exceed eight (8) inches prior to compaction; and shall have a moisture content not less than five (5) percent below optimum moisture for the material used, and not more than five (5) percent above the optimum. Compaction shall be equal or greater than ninety -five percent (95 %) of maximum compaction at optimum moisture content. 8. TESTING: The Contractor shall, at his own expense, employ a firm qualified to make soil compaction tests and furnish the Building Inspector a certified copy of all soil tests. Soil compaction tests shall be taken at the pool area and all other excavations requiring filling and compaction. The Building Inspector shall determine the location and number of compaction tests that shall be required on this project. 9. INSPECTION: The City Building Inspector may inspect the demolition activities at any time. The Contractor shall provide free access to any and all parts of the work within the construction limits of the project. All utility terminations must be inspected by a representative of the applicable utility company prior to burial or covering. Cap the sanitary sewer within (5) five feet of the property line unless the sewer is a shared sewer with another property, in which case an alternative termination must be approved, prior to proceeding, by the Utilities Department. Sewer cap location must be inspected by the Building Inspector. 1 -2 10. FINAL CLEAN UP: Immediately upon completion of the work, the Contractor shall remove all surplus material of any nature from the site. The site is to be rough graded to allow complete surface drainage of the site. 11. SALVAGED MATERIALS: . All salvaged materials from the structure shall become the property of the Contractor. Storage of such items on the site will not be permitted. This material shall be removed from the site. Property belonging to public bodies or public service companies, unless abandoned by such companies, shall not become the property of the Contractor. In the event of any doubt concerning ownership of any particular property, the Contractor shall request from the City written statement, regarding its ownership. 12. DEMOLITION PERMITS: The Contractor shall, at his own expense, obtain a demolition permit from the Building Services Division, Room 201, 300 West Ash Street, Salina, Kansas, for all structures to be demolished. 13. ACCEPTANCE: The Contractor shall request a final inspection at least two (2) days before completion of the work. Within two (2) days after all work has been completed, the Building Inspector shall make a final inspection and if all work is satisfactory, the City of Salina will accept the work. If portions of the work are determined to be unsatisfactory by the Building Inspector, the Contractor shall correct the deficiencies, whereupon, another inspection of the revised work will be made by the Building Inspector before final acceptance. 14. SUBSIDIARY WORK: Miscellaneous clean up, filling of the excavation area, site grading, and all other work required by these specifications to complete the work shall not be paid for directly but shall be considered subsidiary to the bid item for demolition and shall be included in the lump sum demolition for each individual tract. Payment for the demolition item shall include all labor, materials, tools, equipment, and required fill material to complete the work as specified. 15. SALES TAX EXEMPTION: On applicable bid items, materials, services, and equipment incorporated into this project will be exempt from the payment of sales tax under the laws of the State of Kansas, and such sales tax shall not be included in the proposals of the bidders. The City, when requested, will provide the Contractor with a proper exemption certification number. Upon issuance of a proper exemption certification number to the Contractor, the Contractor shall assume full responsibility for his own proper use of the number and shall pay all costs of any legally assessed penalties relating to the Contractor's improper use of the exemption certification number. 16. ASBESTOS REMOVAL: The Contractor shall be responsible for the proper removal, handling, and disposal of all friable and non - friable asbestos containing materials (ACM) associated with the structures `1S] included in this demolition project. The ACM shall be removed in a proper manner by a licensed abatement contractor in compliance with all EPA and NESHAP regulations. All demolition and asbestos removal shall comply with Kansas Department of Health and Environment (KDHE) Asbestos Control Regulations 28 -50 -8, 28 -50 -9, 28- 50 -10, 28- 50 -12, 28 -50 -13 and 28- 50 -14. All friable asbestos material shall be removed prior to any demolition. Structures that contain non - friable asbestos materials shall be demolished in a manner that will prevent any airborne asbestos fibers. The demolition project must stop at the point of recognition of any ACM and a licensed asbestos abatement contractor notified for proper removal prior to resuming demolition. The disposal of ACM shall be in accordance with KDHE and EPA regulations in a licensed landfill facility. The Contractor shall provide the Building Services Division, attn: Building Inspector with a copy of the landfill facility license prior to any disposal. The Contractor shall also provide copies of landfill scale tickets for the material disposed of from this project. The Contractor shall provide the necessary notice to KDHE and the City of Salina before any demolition may begin on structures with ACM. The Contractor shall be responsible for all necessary documentation related to asbestos abatement required by KDHE and the EPA. The Contractor shall provide copies of all such documentation to the City of Salina. Contracts for work under the proposal will obligate the Contractors and Subcontractors not to discriminate in employment practices, in accordance with the President's Executive Order No. 11246, the Kansas nondiscrimination law and the Salina Code regarding equal opportunity and affirmative action. No proposal will be accepted from any person or firm who is in arrears to the City of Salina, Kansas upon debt or contract, who is in default as surety or otherwise upon any obligation to the City, or who has failed in previous contracts to comply with the requirements of the specifications and to fulfill his contracts. 1 -4 SECTION 2 - KDHE ASBESTOS REMOVAL INFORMATION, 2 -1 GENERAL CLAUSES FOR DEMOLTION OF DANGEROUS STRUCTURES TABLE OF CONTENTS 1. APPLICATION----------------------------------------------------------------------------------------- - - - - -1 2. DEFINITIONS------------------------------------------------------------------------------------------ - - - - -1 a. Building Official ----------------------------------------------------------------------------------- - - - - -1 b. City ---------------------------------------------------------------------- - - - - -1 c. Contractor ------------------------------------------------------------------------------- --------- --- - - - - -1 d. Contract Documents ------------------------------------------------------- ---------------- --- --- -- - - - - -I e. Specifications --------------------------------------------------------------------------------------- - - - - -1 f. Contract---------------------------------------------------------------------------------------------- - - - - -1 g. Proposal---------------------------------------------------------------------------------------------- - - - - -1 It. Change Order ------------------------------------------------------------------------ -- ------------ - - - - -- I i. Standard Specifications and Test Methods ----------------------------------------------------- - - - - -2 3. BONDS------------------------------------------------------------------------------ ------------- -------- -- - - -2 a. Performance Bond ------------------------------------------------------------------ --------------- - - - - -2 b. Statutory Bond-------------------------------------------------------------------------------------- - - - - -2 4. PATENTED DEVICES AND PROCESSES------------------------------------------------------- - - - - -2 5. TAXES --------------------------------------------------------------------------- -- --- -- ----- -- ---------- - - - - -3 6. WATER, GAS AND ELECTRICITY--------------------------------------------------------------- - - - - -3 7. PERMITS, LICENSES AND REGULATIONS --------------------------------------------------- - - - - -3 8. NOTICES ------------------------------------------------------------------------------------------------ - - - - -3 9. OBSTACLES AND OBSTRUCTIONS ------------------------------------------------------------ - - - - -3 a. Trees and Shrubs ----------------------------------------------------------------------------------- - - - - -3 b. Sodded and Landscaped Areas ------------------------------------------------------------------- - - - - -3 10. MATERIALS FURNISHED BY OWNER--------------------------------------------------------- - - - - -4 11. BARRIERS, LIGI -ITS AND WATCHMEN-------------------------------------------------------- - - - - -4 12. RESPONSIBILITY FOR PROPERTY DAMAGE------------------------------------------------ - - - - -4 13. PUBLIC CONVENIENCE--------------------------------------------------- ------------------------- - - - - -4 14. QUALI'T'Y OF MATERIALS AND EQUIPMENT 15. WORKMANSHIP-------------------------------- - - - - -- NI - 16. PRESERVATION OF MONUMENTS AND MARKERS -------------------------------------- - - - - -5 17. SPECIAL CONSTRUCTION METHODS --------------------------------------------------------- - - - - -5 18. REPRESENTATION ------------------------------------------------------------------------- ---- ----- - - - - -5 19. COOPERATION ------------------------------------------------------------------ --------------- ------ - - - - -5 20. INCIDENTAL WORK -------------------------------------------------------------------------------- - - - --5 21. FINAL CLEAN UP ------------------------------------------------------------- --------------- -------- - - - - -5 22. RESPONSIBILITIES OF THE CONTRACTOR-------------------------------------------------- - - - - -6 23. SANITARY CONVENIENCES --------------------------------------------------------------- -- ---- - - - - -6 24. APPROVAL OF SUBCONTRACTORS ----------------------------------------------------------- - - - - -6 25. RESPONSIBILITY OF THE BUILDING OFFICIAL ------------------------------------------- - - - - -6 26. INTERPRETATION OF CONTRACT DOCUMENTS------------------------------------------ - - - - -6 27. INSPECTION ---------------------------------------------------------------------------------------- --- - - - - -7 28. WORK AFFECTED BY WEATHER----------------------------------------------------- ----- ----- - - - - -7 29. CONTROL AND REGULATION OF WORK ---------------------------------------------------- - - - - -7 30. VARIATIONS, CHANGES AND MODIFICATIONS ------------------------------------------ - - - - -7 31. CITY'S RIGHT TO SUSPEND WORK--------------------------------------- -------------- ----- -- - -- - -7 32. CITY'S RIGHT TO TERMINATE CONTRACT------------------------------------------------- - - - - -8 33. WAR CLAUSE -------------------------------------------------------------------- --------------- ---- -- - - - - -8 34. FORCE ACCOUNT----------------------------------------------------------- ----------------- -- -- ---- - - - - -8 35. EXTENSION OF TIME ------------------------------------------------------- --------------- ------- -- - - - - -8 36. LIQUIDATED DAMAGES-------------------------------------------------------------- ------- ------ - - - - -9 37. ALTERNATES ---------------------------------------------------------------------------- ------- ------ - - - - -9 38. CERTIFICATE OF COMPLET ION------------------------------------------------------------- ---- - - - - -9 39. MAINTENANCE OF PROJECT SITE ------------------------------------------------------------- - - - - -9 GC -B GENERAL CLAUSES FOR DEMOLITION OF DANGEROUS STRUCTURES 1. APPLICATION. These General Clauses are a part of the Contract Documents and shall be binding upon all parties, except for the parts obviously not applicable to the particular contract; or if specifically revised, modified or supplemented by the technical Specifications, Proposal, or Change Order. 2. DEFINITIONS. When the following terms are used in the specifications or other Contract Documents, the intent and meaning shall be interpreted as follows: a. BUILDING OFFICIAL. The Building Official of the City of Salina, Kansas. b. CITY. The First Party, the City of Salina, Kansas, a municipality, acting through legally authorized officials. c. CONTRACTOR. The Second Party, whether an individual, partnership, firm, or corporation executing a Contract, acting directly or through lawful agents or employees, and who is primarily liable for the acceptable performance of the work under Contract and for payment of all legal debts pertaining thereto. d. CONTRACT DOCUMENTS. The term "Contract Documents" shall include the request for bids, information for bidders, technical Specifications, General Clauses, performance bond, statutory bond, Contract, and Proposal. e. SPECIFICATIONS. The directions, provisions, and requirements pertaining to the method and manner of performing the work, to the kind and type of equipment, or to the qualities of materials to be furnished. f. CONTRACT. The written agreement covering the performance of the work. g. PROPOSAL. The written offer of the Contractor to perform the contemplated work in accordance with the Contract Documents. h. CHANGE ORDER. A written proposal and agreement, executed by the Contractor and City and accompanied by new surety bonds in the full amount of the change order, covering work not included in the original Contract Documents. The City reserves the right to waive the requirements of new surety bonds. Change orders shall include such supplemental drawings and technical specifications as may be required to show the location, character, details, and extent of the additions, deletions, or modifications. If applicable unit prices for these additions or deletions are not contained in the original Contract Documents or if the total net change increases or decreases the total contract price more than twenty -five percent (25 %) the City shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change. If the proposal is acceptable, the Building Official shall then prepare a change order which includes a detailed description of the change in the work, a definite statement as to the resulting GC -1 change in the contract price and /or time, and a statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the City may order the Contractor to proceed with the work on a "Force Account" basis. (See paragraph 34, General Clauses.) i. STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are hereby made a part of these Contract Documents the same as if written in full. Reference to such "Standard Specifications" refers to the latest standard and tentative standards as are in force on the date bids are received. 3. BONDS. The Contractor shall furnish such surety bonds as hereinafter identified and described. Any and all bonds shall be so written as to make these bound specifications a part thereof, whether by reference or attachment, in order to give the Surety full notice of the conditions thereof. Each such bond shall be a legally issued surety drawing in an amount not less than the total contract price; meeting the approval of the City and all other parties concerned as required by law as to form, tenor, execution and surety; and shall be delivered to the City within ten days from and after execution of the Contract and before commencement of the work. The Contractor shall have no rights under the Contract until such acceptable bonds have been furnished and delivered. The City may waive the conditions as to time, and the acceptance of said bonds after expiration of the specified interval shall not affect the validity of the Contract or any such bonds. a. PERFORMANCE BOND. A surety bond, running to the City, conditioned upon the prompt, full, and complete performance by the Contractor as principal of his covenants, obligations, and agreements as contained in the Contract Documents; and further conditioned that for a period of one year after final acceptance (as indicated on the "Certificate of Completion ") of the work as a whole, the Contractor, at his expense and free of charge to the City, shall make good all defects in materials or workmanship or any improper, imperfect, or defective preparation of the ground upon which such improvements be constructed. b. STATUTORY BOND. A surety bond running to the State, conditioned that the Contractor as principal shall pay all indebtedness incurred for labor, supplies, equipment, and materials furnished in making the improvements called for by the Contract Documents. 4. PATENTED DEVICES AND PROCESSES. All fees, royalties, and licenses for any patented invention, device, article, or process used in, upon, or in connection with the construction, erection, or operation of the work or any part thereof, shall be included in the contract price or prices; and the Contractor shall hold the City harmless against any claim or demand for payment of such. 5. TAXES. The cost of applicable sales taxes, use taxes, and occupation taxes on material, equipment, supplies, and services incorporated in the work shall be included in the "Total Contract Bid" for the project. The Contractor shall bear the cost of all such taxes and shall protect the City against liability, therefore, by reason of any Federal law, State law, or regulation in effect at the time of signing the Contract. The cost of any such taxes imposed after signing the Contract, and which thus become GC -2 legally chargeable against material, equipment, or supplies incorporated in the work, shall be paid by the Contractor; and the City will reimburse him for the actual costs thereof. 6. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required arrangements, ascertain the applicable rates, and pay for all such water, gas, and electricity used by him, unless specified exemption be made in the technical Specifications. 7. PERMITS, LICENSES AND REGULATIONS. Permits and licenses for the prosecution of the work shall be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. 8. NOTICES. The Contractor shall give written notice, not less than 24 hours before breaking ground for the project, to all persons in charge of any property that may be affected by his operations. He shall not hinder or interfere with any persons performing work as required to care for and protect property from possible damage during performance of the work. The Contractor shall notify the Building Official of his intention to begin, suspend, or resume operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 9. OBSTACLES AND OBSTRUCTIONS. a. TREES AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without restoring to hand methods of excavation, and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. b. SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas such as parkings on or adjacent to improved property, shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location, the trenches and/or other disturbed areas shall be carefully hand raked to allow the private property owner to re -seed grass or otherwise maintain the area. 10. MATERIALS FURNISHED BY CITY. All materials, supplies, or equipment furnished by the City for incorporation in the work shall be handled and transported by the Contractor at his expense from cars, warehouses, or yards where received or stored by the City. The Contractor shall include in his contract price or prices all costs in connection with handling, sorting, protecting, and installing all such materials, supplies, or equipment furnished him by the City, and shall make good all losses and breakage due to carelessness or negligence while same are in his possession. 11. BARRIERS, LIGHTS AND WATCHMEN. The Contractor shall erect and maintain fences, barriers, barricades, and warning signs; shall provide and maintain flares, lanterns, and lights; and shall employ flagmen and watchmen; all as required to prevent accidents to the general public and to workmen. GC -3 12. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to building, structures, trees, shrubbery, or other property located outside the construction limits, or located within those limits but not designated for removal or demolition, providing such damage shall result from accident caused by negligence for which said Contractor shall be deemed legally liable. 13. PUBLIC CONVENIENCE. During the progress of the work, the convenience of the local public and of residents along the work shall be considered and, where possible, their rights of access shall be preserved. Temporary driveways, approaches, and crossings shall be provided where practicable and maintained in good condition. Construction materials shall be so stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; lire hydrants shall remain ready for immediate use by the fire department. 14. QUALITY OF MATERIALS AND EQUIPMENT. All materials shall meet the requirements of the technical Specifications or, if not specified, shall meet the generally accepted commercial standards for such materials when used for the intended purposes. No materials shall be incorporated in the work until they have been examined and approved by the Building Official, nor shall construction equipment be used which has not received the Building Official's approval. All rejected materials and equipment shall be removed promptly from the site. Wherever in any of the Contract Documents an item of material or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted, shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturers' products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 15. WORKMANSHIP. All improvements shall be constructed in a neat and workmanlike manner. Improper or defective work shall be corrected and if necessary removed, replaced, or reconstructed to comply with the plans and Specifications. The Contractor shall be held responsible for the quality of the entire work; should he refuse or neglect to remedy defects when ordered to do so, the City may require the condemned portions to be replaced, restored, repaired, or reconstructed at the expense of the Contractor or his Surety. 16. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments, bench marks, and markers of the local, state, or federal government, and shall not excavate within five (5) feet of any of them without specific permission of the Building Official. 17. SPECIAL CONSTRUCTION METHODS. The Building Official may assent to special methods of construction or means of prosecuting the work other than as provided or stipulated in the technical Specifications, but his assent or his presence on the work while such special methods are in use shall not constitute a waiver of the Contract, or any part thereof, by the City. Nor shall the fact the Building Official may have seen work executed which later is found to be defective, nor shall any act of his assistants or inspectors, constitute a waiver of any part of the Contract. The Contractor shall be held responsible for the quality of the entire work. GC -4 18. REPRESENTATION. The Contractor shall be represented on the work at all times by a competent superintendent, satisfactory to the Building Official and capable of reading and understanding the Specifications. The superintendent shall have full authority to employ required workmen, order materials, arrange for construction equipment, and otherwise represent the Contractor in his absence; any direction given to him by the Building Official shall be as binding as if given to the Contractor. 19. COOPERATION. The Contractor shall give to the work the constant attention necessary to facilitate the progress and shall cooperate in every possible way with the Building Official, with the City, and with other contractors or constructors concerned in the work. He shall plan and schedule his work to the mutual benefit of all interested parties and shall perform the work in accordance with the agreed schedule. In case of controversy, the Building Official wilt allocate the work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Building Official when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the contract by the City. 20. INCIDENTAL WORK. All work to be done by the Contractor as described in the Specifications, including any and all minor details not specifically shown or described but obviously essential to the proper completion of the work, shall be considered as subsidiary to, and included with, the work for which prices are named in the Contract Documents. The Contractor shall not be entitled to any extra or additional compensation for such unless otherwise specified. 21. FINAL CLEANUP. Immediately upon completion of the work or any usable unit, the Contractor shall remove all surplus or unused materials from the vicinity of the work, leaving the entire site in a clean, sightly, and pleasing condition, conforming to the grades and contours required by the Specifications or designated by the Building Official. 22. RESPONSIBILITIES OF THE CONTRACTOR. All work shall conform to the technical Specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions required by the Specifications or given by the Building Official. The Contractor must satisfy himself before commencing work as to the correctness and meaning of all stakes and marks. No claim will be entertained for, or on account of, alleged inaccuracies unless the Contractor notifies the Building Official thereof in writing before commencing the work. The Contractor under his contract prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or otherwise furnished as specified, and shall perform all operations necessary to construct and complete the improvements, ready for use, including all preparatory, temporary, and incidental work. The Contractor shall be responsible for the protection of all work under his Contract; any work or materials damaged or impaired from any cause prior to final acceptance of the completed whole shall be restored or reconstructed by him at his expense. All losses or damages arising from the nature of the work to be done, from the action of the elements, or from unforeseen circumstances or difficulties, shall be sustained by the Contractor; such losses or damages shall not relieve him of his responsibility to fulfill his Contract and to deliver a completed work in accordance with the Contract Documents. The Contractor shall provide the Building Official and his representatives free access to any and all parts of the work, whether within the construction limits or at any place where material intended for incorporation in the project is procured, produced, or manufactured. He shall furnish all GC -5 required information relating to the work or materials, including copies of invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist in, the final inspection of the project and shall furnish all labor and equipment required for final tests. 23. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of his employees and shall maintain the same in a clean and sanitary condition. He shall not create or permit any nuisance to the public or to residents in the vicinity of the work. 24. APPROVAL OF SUBCONTRACTORS. The Contractor shall not assign or transfer this contract. The Contractor shall file with the Building Official the names of all subcontractors to whom he expects to sublet any portion of the work, and shall not change subcontractors without written approval of the Building Official. The approval of subcontracts shall not relieve the Contractor of his liabilities under this contract; should any subcontractor fail to perform satisfactorily the work undertaken by him, the Owner may annul and terminate the contract of such subcontractor. 25. RESPONSIBILITY OF THE BUILDING OFFICIAL. The findings and determinations of the Building Official on all questions pertaining to materials and workmanship or as to interpretation of the Specifications shall be final and binding on all parties to the Contract. 26. INTERPRETATION OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as though called for by all. In case of actual or alleged disagreement or discrepancy between the Contract and the Specifications, the language and provisions of the Contract shall take precedence and prevail. 27. INSPECTION. The Building Official shall inspect all materials to be incorporated, construction equipment to be used, and all work to be performed under this Contract. Such inspection shall extend to any and all parts of the work and to the preparation or production of all materials to be incorporated. The Building Official may conduct field tests on work and materials, and shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the work not meeting Contract requirements. 28. WORK AFFECTED BY WEATHER. The Building Official may order such parts of the work suspended should the weather or season be such that any part of the work cannot be done properly and with due regard to durability, finish, or appearance. The Contractor may be required to protect the several parts of exposed work from damage by the elements or other causes. 29. CONTROL AND REGULATION OF WORK. The Building Official shall have the authority to exercise his judgment and initiative in the control and regulation of the work. The Building Official may regulate the amount of work open or under construction in advance of completed portions and require the Contractor to place materials and perform work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. GC -6 30. VARIATIONS, CHANGES AND MODIFICATIONS. The work contemplated in the Contract Documents may be subject to such changes as normally occur during construction. The Building Official, when acting within the authority entrusted to him, may order minor variations in the work; provided such variations are consistent with the intent of the Specifications, and improve or expedite the work. The Building Official may, without written order or other formality, correct obvious errors in the Specifications or make such minor adjustments as are required to adapt the work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the Specifications, and do not materially affect the total Contract price. The City reserves the right to make such changes in the Specifications, and other changes in the Contract quantities as may be considered necessary or desirable; provided such changes, alterations, and modifications are affected legally and in accordance with the following procedures. No work may be performed under any Change Order until all documents have been approved by the Building Official and executed by the contracting parties. After such approval and execution, all work included shall be subject to the terms, conditions, and provisions of the original Contract Documents, except as otherwise specifically stipulated. In case a satisfactory adjustment in price or other basis cannot be obtained, the work may be ordered done by force account. 31. CITY'S RIGHT TO SUSPEND WORK. The City may suspend work on any or all parts of the work pending settlement of disputes on any point of controversy. The Contractor will not be entitled to any claim for loss or damage by reason of such delay; nor shall he be entitled to any extension of time for completion of the Contract, except the City may grant such extension of time at its option. 32. CITY'S RIGHT TO TERMINATE., CONTRACT. If the Contractor for any reason be unable to complete the work; or if he be intolerably negligent and slow in his prosecution of the work; or if he persistently disregards laws, ordinances, and regulations, or the directions of the Building Official; or if he otherwise be guilty of a substantial violation of any provision of the Contract Documents; the City may, without prejudice to other right or remedy, terminate the Contract in the manner and under the procedure set forth below. Before the Contract is annulled, the City shall issue written notice to the Contractor and his surety stating the conditions which make annulment imminent. If the Contractor or his surety makes no satisfactory effort within ten (10) days to correct said conditions, the City may declare the Contract annulled and shall so notify the Contractor and the surety. The Contractor, upon receipt of the notice of annulment, shall cease immediately all operations under the Contract. The City then may proceed with the work in any lawful manner he may elect. The rights are reserved to the City to take possession of any materials, construction equipment, implements, tools, and incidentals round on the work and to use them to complete the project. When the work is completed the total cost thereof, including all expenses, losses, engineering, and legal services incident to annulment, shall be computed. If the total cost be more than the contract price, the difference shall be made up by the Contractor or the Surety. If the total cost be less than the contract price, the difference will be paid to the Contractor or the Surety. 33. WAR CLAUSE. In the event it becomes necessary by reason of war or preparation for war to terminate the Contract prior to its completion, settlement will be made for all work properly executed plus the value, based on receipted invoices, of unincorporated materials. GC -7 34. FORCE ACCOUNT. Where it is specified, or agreed during the course of the work, that any portion of the construction shall be done by "force account," the Contractor shall keep an accurate record of all materials, labor, and equipment used and shall furnish the Building Official a copy of each day's record within 24 hours to permit an accurate check thereof. The Owner shall pay for such construction at the actual cost to the Contractor of materials and labor, including the costs of insurance, social security, taxes and bonds, chargeable to this portion of the work; plus 15 percent for superintendence, overhead, and the use of tools and appliances. The use of equipment on such construction shall be paid for at rental rates recommended by the Association of General Contractors, modified for Kansas by the Kansas Department of Transportation; such price and payment being full compensation for all costs in connection with operation, repair, maintenance, overhead, depreciation, and profit. 35. EXTENSION OF TIME. The period of time for completion set forth in the Proposal shall be extended in an amount equal to time lost due to causes which could not have been foreseen or beyond the control of the Contractor, and which were not the result of his fault, negligence, or deliberate act. Extension of time for completion shall also be allowed for delays in the progress of the work caused by any act or omission on the part of the City or its employees, or by other Contractors employed by the City, or delay due to an act of the Government, or for any delay in the furnishing of the plans and necessary information by the Building Official, or for any other cause which in the opinion of the Building Official entitles the Contractor to an extension of time. Strikes and labor disputes shall be cause for an extension of time. 36. LIQUIDATED DAMAGES. In event the Contractor shall fail to complete the improvements herein provided for on or before the date herein above stipulated, then the City, in accordance with the Specifications, which are made a part of this agreement as aforesaid shall be entitled to deduct from any sum or sums due the Contractor in final settlement between the parties as liquidated damages for such delay, the sum of one hundred dollars ($100.00) per day for each and every day after the expiration of the time limit fixed by the Contract Documents, until said work is completed, but nothing herein contained shall be deemed to be a waiver of the right of said City to insist upon the performance of this Contract within such time, or to prevent the City from looking to the sureties of said Contractor for any and all damages caused by any such delay, or as a consent to or waiver of any abandonment of the said work by the Contractor, either before or after the date fixed by completion and if within ten (10) days after the receipt by the surety of such Contractor of a notice given to such surety by the City that the Contract has been abandoned by said Contractor, or that the Contractor has failed to perform his contract, said Surety shall fail to take over such work and enter into an agreement with the City to complete the same in accordance with this Contract, and to accept as compensation for such completion only such remaining part of the Contract price which shall not theretofore have been paid by the City to said Contractor, then in such event the City shall have the right to take over said work and complete the same or to let another contract for such completion, and the Contractor and his surety shall be and remain liable for the full performance and completion of such contract and for all loss and damage suffered by the City in connection with such work. 37. ALTERNATES. To receive consideration for any proposed alternate for material, equipment, etc., the Contractor shall submit full description of the proposed alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the purpose of evaluation and approval. GC -8 38. CERTIFICATE OF COMPLETION Upon substantial project completion, a "Certificate of Completion" form will be prepared and submitted to the Contractor with a punch list. Upon completion of all bid and punch list items, the project will be accepted and the prepared "Certificate of Completion" form will be signed and distributed to the City and Contractor. The final project acceptance date will be the date agreed upon by the City and the Contractor as indicated on the "Certificate of Completion" The agreed upon date will initiate the "one year" warranty for all public improvements on the project consistent with Item 3a. of "General Clauses ". 39. MAINTENANCE OF PROJECT SITE The Contractor shall be responsible for keeping a neat and orderly job site. Locations for storing equipment and materials shall be at the Building Official's discretion. Grasses and other cover crops necessary for erosion control shall be kept under 12" in height and trimmed away from pavements, curbs, and sidewalks. The Contractor shall perform corrective maintenance promptly upon notification from the Building Official. GC -9 APPENDIX I PHOTOS 'OF PROPERTIES IN BDA733635 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, THAT T &R Dirt Construction OF Salina KS , as principal, and AMCO Insurance Company, a corporation, organized under the laws of the State of Iowa , with general offices in Des Moines, IA and authorized to transact business in the State of Kansas as surety, are held and firmly bound unto the Owner, CITY OF SALINA, KANSAS, in the Fifty Eight Thousand -Four Hundred penal sum of Twenty Dollars and 07 /1cQalarS 58,420.07 ($ ) 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 0 � day of JJkla(L 20 ate THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said principal has ntered into a writ( contract with the Owner, CITY OF SALINA, KANSAS, dated n f 201 for the furnishing of all materials and labor and doing of all the work of whatever kind necessary to complete demolition work 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. 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, NN BDA733635 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. T &R Dirt Construc ncipal AMCO Insurance Company Surety BY Z114 Dom° T�fj /J Attorney -in -fact ROOerta K. Blair (A certified copy of the agent's power of attorney must be attached hereto.) WW I STATUTORY BOND BDA733635 KNOW ALL BY THESE PRESENTS, THAT T &R Dirt Construction OF Salina, KS as principal, and AMCO Insurance Company, a corporation organized under the laws of the State of Iowa in Des Moines, IA with general offices and authorized to transact business in the State of Kansas as surety are h5l and VmlV bDund unto the State of Kansas in the Fifty Eight ' Thousand our HundYed penal sum of Twenty Dollars and 07/100 dollars ($-58,420.07 ) 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 I U day of �GtnllAr i ,20�. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said principal has entered into written contract with the CITY OF SALINA, KANSAS, date 2012, for the furnishing of all materials and labor and doing all the work of what ver kind necessary to construct certain 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. 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. SB -1 BDA733635 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. T &R Dirt Con structi Principal 0 AMCO Insurance Company Surety BYlaeK Attorney -in -fact Roberta K. Blair (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 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company' and collectively as the "Companies," each does hereby make. constitute and appoint: JAMES D. WILSON ROBERTA K. BLAIR TARA B. EARLEY PHILIP C. KRUG KRISTV L. BALTHAZOR ALICIA M. WEILAND BRENDA R. SMITH MARK A. SKIDMORE SALINA KS each in their individual capacity, its true and lawful attorney -in -fact, with full power and authorityto sign, seal, and execute on its behalf anyand all bonds and and other obligatory instruments of similar nature, in penalties not exceeding the sum of TWO MILLION FIVE HUNDRED THOUSAND AND NO /100 DOLLARS S 2,500,000.00 and.to bind the Companythereby, as fully andto the same extent as if such instruments were signed bythe duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and tol authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatoryin nature that the'. business of the Company may require;and to modifyor revoke, with orwithout cause, any such appointmentor authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authorityto execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Companythereto; provided, however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairmanof the board,the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11`" day of November, 2011 400, Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company ;SEAL* and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, d •SEAL: 0 AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance 1'ta..In;:•' Company ACKNOWLEDGMENT �a` „ °• ye � •;:' ::;,� STATE OF IOWA, COUNTY OF POLK: ss Onthis ll dayof November,2011 beforeme came the above -named officer for the Companies aforesaid, F SEAL" / to me personally known to be the officer described in and who executed the preceding instrument, and he -. ta�°•�.�•: �i' ��1 °;;;�; ?; €'A acknowledged; the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the ��, authorit and direction of said Com antes. +, :•SEAL ,' . �0 ra °r• Not SEAL). A , � i (��. Imva Notarial Seal 'w °: . °• �,a,;�;fj �� Wcmmxsslm eglr «rwm a..m+ Notary Public My Commission Expires CERTIFICATE March 24, 2014 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is afull, true and correct copy of the original power of attorney issued bythe Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument bythe authority of said board of directors;and the foregoing power of attorney is still in full force and effect. R IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this IgAk day oM, 20ja_ . / Secretary This Power of Attorney Expires 07 131/15 BDJ 1 (11 -11) 00 l 08028 . s. O CERTIFICATE OF LIABILITY INSURANCE `/ DATE (MM 2012 12/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME' Roberta Blair PHONE (800)563 -1871 FuA.KC (185) $25-5099 Sunflower Insurance Group, Inc. Ao" DRIESS;rblair @yourassurance.com 2090 S. Ohio P.O. Box 1213 PRODUCER :0032803 C"M INSURER(S) AFFORDING COVERAGE NAICa Salina ICS 67402 -1213 INSURED INSURER A 'ZID 10 erS Mutual Insurance Co. X COMMERCIPi GENERAL LIABILITY INSURER B EMCASCO Insurance Company 1407 T S R Dirt Construction, DBA TRR, Inc'. INSURER C.XBIWCF 0010 INSURER:: A 1334A North Ohio INSURER E: PO Box 542 Salina ICS 67402 -0542 INSURER F: MED EXP (My one n COVERAGES CERTIFICATE NUMBER:12 /13 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I 0 SUER POLICY NUMBER POLICY EFF MOLJCYEXP LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY Salina, ICS 67402 -0736 Susan Flaming /SFLAMI EACH OCCURRENCE $ 1,000,000 X COMMERCIPi GENERAL LIABILITY PREMISES Eaamnanca $ 100,000 A CLAIMS -MADE ❑X OCCUR 3D82821 /7/2012 1/7/2013 MED EXP (My one n $ 5,000 PERSONAL B AIM( INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPX)PAGG $ 2,000,000 $ POLICY X PRO- LOC JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS EB2821 /7/2012 /7/2013 COMBINED SINGLE LIMIT (Ea amden0 $ 1,000,000 BODILY INJURY(Per Person) $ BODILY INJURY (Peremdem) $ JX SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Peraadenq $ $ NON -0WNED AUTOS S X UMBRELLA LAB X OCR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ EXCESS IJAB CINMCUS -MADE DEDUCTIBLE $ X $ A RETENTION $ 10,000 J82821 /7/2012 1/7/2013 C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEW"ECUTIVE X WC STATU- R E.L. EACH ACCIDENT $ 500,000 OFFICEMMEMBER EI(CLUDEOi (Mandatory In NH) NIA 0121773 /1/2012 /1/2013 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yyea desvlhe under DESCRIPTION OF OPERATIONS helow E.L DISEASE- POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAftch ACORD 101, AddlU"1 Remarks Schedule, If more space Is required) City of Salina is named as an Additional Insured to General Liablity S Auto Liability. General Liability is primary /non contributory and includes completed operations. Waiver of Subrogation is added to Workers Compensation. Pollution Liability: Writing company American Safety Indemnity Co., Limit: $1, 000, 000, Deductible: $5,000, effective date 12/19/12 - 12/19/13 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INSO2S 12009091 The ACORD name and logo are registered marks of ACORD - � lad alcl I •a. hJ5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina PO Box 736 AUTHORIZED REPRESENTATIVE Salina, ICS 67402 -0736 Susan Flaming /SFLAMI ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INSO2S 12009091 The ACORD name and logo are registered marks of ACORD - � lad alcl I •a. hJ5 .ft. R CERTIFICATE OF LIABILITY INSURANCE `/ DATE IMWDDNYYYI 12/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endoreemen s . PRODUCER Assurance Partners 2090 S. Ohio P.O. Box 1213 Salina KS 67402 -1213 NAM Roberta Blair P "O"E (800)563 -1871 AI Net 1705) 023 -3098 =tblair@yourass=ance.com PRODUCE" 00032803 INSURE s AFFORDING COVERAGE NAK:P INSURED T 6 R Dirt Construction, DBA: TRR, Inc. 1334A North Ohio PO Box 542 Salina KS 67402 -0542 INSURERAZC Insurance Companies 3D02021 INSURERB:EMCASCO Insurance Company 1407 INSURER C3CBIWCF 0010 INSURER D: $ 100,000 INSURER E: 3 5,000 INSURER P: $ 1,000,000 COVERAGES CERTIFICATE NUMBER:13 /14 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I Lm L TYPE OF INSURARCE anim— BE DELIVERED IN POLICY NUMBER IU POLICY EFF F POLICY XP UN IT A GENERAL UAMMUTY X COMMERCIAL GENERAL UAMUTY 7 CWMSMADE Fx-1 OCCUR PO Box 736 3D02021 /7/2013 /7/2013 EACH OCCURRENCE 3 1,000,000 PREMISES (Ea acognence) $ 100,000 NED EXP (My we n 3 5,000 PERSONAL a AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE UNIT APPLIES PER: POLICY Fx-1 PRO- 7 LOD JECT PRODUCTS - COMPX)PAGG 3 2,000,000 $ B AUTOMOBILE LBUTY UI ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NONOWNED AUTOS B92921 /7/2013 /7/2014 C OMBINED SINGLE UNIT (Ea acdderd) If 1,000,000 X - BOOILYINJURY(Perpenon) 3 BODILY INJURY (Per aoidere) 3 PROPERTY DAMAGE (Pers0*10, ) 3 X X $ f A X IUMBRELLA LIAB EXCESS U,413 X OCCUR CM MADE J82821 /7/2013 /7/2014 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DEDUCTIBLE RETENTION S 10.000 $ X $ `. WORKERS COMPENSATION ANDEMPLOYERS'LUMIIII Y YIN ANY PROPRIETOWPARTNERIEXECUTIVE ❑ OFFICEWMEMSER EXCLUDED? (MandaamY In NH) If yea dsaaoe=Ier DESCRIPTION OF OPERATIONS Eelme NIA 0131773 /1/2013 /1/2014 X WC STATLL OTH- E.L. EACH ACCIDENT S 500,000 E.L DISEASE - EA EMPLOYEE S 500,000 E.L. DISEASE - POLICY LIMIT S 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Amon ACORD 101, AddN l Rareade 5eh.&d% N more aped 4 rwq d) City of Salina is named as an Additional Insured to General Liablity i Auto Liability. General Liability is primary /non contributory and includes completed operations. Waiver of Subrogation is added to Workers Compensation. Pollution Liability: Writing company American Safety Indemnity Co., Limit:I11,000,000, Deductible: $5,000, effective date 12/19/12 - 12/19/13 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009109) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina PO Box 736 AUTHORIZED REPRE9ENrAT1VE Salina, KS 67402 -0736 Susan Flaming /SFLAMI ACORD 25 (2009109) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we T & R Dirt Construction 1334A North Ohio Salina, KS 67402 -0542 as Principal, hereinafter called the Principal, and AMCO Insurance Company 1100 Locust Street Des Moines, Iowa 50391 -2006 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Salina 300 W. Ash Salina, KS 67401 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Dollars (5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. DS 12 -0001, 2012 Structure Demolition NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st day October, 2012. (witness) ( imess) At Document A310. Bid Bond . At 7 . February 1970 ED The American I module of Architects, 1735 N.Y. Ave. NW. Washington. DC 20006 AMCO Insurance Company (Surety) (seal) Philip C. Krug, mey -it -fa KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: .TAMES D. WILSON ROBERTA K. BLAIR MARK A. SKIDMORE ALISA R JONES PHILIP C. KRUG KRISTY L. BALTIIA %OR BECKY M. GOOD BRENDA R. SMITH MEGAN R. SUTTON KATHY J COOK SALINA KS each in their individual capacity, its true and lawful anorney -in -fact, with full power and authorityto sign, seal, and execute on its behalf anyand all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of TWO MILLION FIVE DUNDRED THOUSAND AND NO /100 DOLLARS $ 2 ,500,000.00 and to bind the Company thereby, asfully andto the same extent as it such instruments were signed bythe duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: 'RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatoryin nature that the business of the Company may require and to modify or revoke, with or without cause, any such appoinimentor authority, provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of,directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive off icer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11'" day of November, 2011 i °j`•p� a Gary A. Douglas, President and Chief Operating Off icer oi Nationwide Agribusiness Insurance Company j �' �o....v: f and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, • SEAL: AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance •9..en;`.' i Company X41% ACKNOWLEDGMENT i=��•.e� �"�.re �!�u��'r, .t,\ STATE OF IOWA, COUNTY OF POLK: ss On this I day of November, 2011 before me came the above -named off icer for the Companies aforesaid, /s gEAI #3 Jf to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seats affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the y.ea q ♦mot authorit and direction of said Companies. .W •. kq &FPM „4y��' Ll :•SEAL BEAU � � owe NOfa al Seal • �emm +m�� „u,a • ,�” "I cry comM : :wa rqtrn varm.4. xM Notary Public My Commission Expires CERTIFICATE March 24, 2014 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a1rue and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly aff ixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN ///W��ITNESS WHEREOF, II have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this day Secretary This Power of Attorney Expires 07131/15 BDJ 1 (11 -11) 00 08028 BDA733635 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, THAT T &R Dirt Construction OF Salina, KS , as principal, and AMCO Insurance company, a corporation, organized under the laws of the State of Iowa with general offices in Des Moines, IA and authorized to transact business in the State of Kansas as surety, are held and firmly bound unto the Owner, CITY OF SALINA, KANSAS, in the Fifty Eight Thousand7our Hundred penal sum of Twenty Dollars and 07/ ,.7 $ 58 420.07 ( ) 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 �Ja-lnulay 20 13 — THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said principal has mLe ed into a written contract with the Owner, CITY OF SALINA, KANSAS, date f)LLCLt"\ I , 20_[3 for the furnishing of all materials and labor and doing of all the work of whatever kind necessary to complete demolition work for the said Owner, all irr 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. 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, 9W BDA733635 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. AMCO Insurance Company Surety BY Attorney -in -fact RODerCa K. Blair (A certified copy of the agent's power of attorney must be attached hereto.) Im BDA733635 STATUTORY BOND KNOW ALL BY THESE PRESENTS, THAT T &R Dirt Construction OF Salina, KS as principal, and AMco Insurance Company, a corporation organized under the laws of the State of Iowa , with general offices in Des Moines, IA and authorized to transact business in the State of Kansas as surety are h @Id and ff�rmlIVV b and unto the State of Kansas in the Fifty Eight' housand Four Hundre� penal sum Of Twenty Dollars and 07/100 p dollars ($ 58.420.07 ) 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. Si cl sealed, and delivered this 201i-i. day of THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said nnci al has en eyed into written contract with the CITY OF SALINA, KANSAS, date r!(/ 2012, for the furnishing of all materials and labor and doing all the work of what ver kind necessary to construct certain 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. 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. SS -1 BDA733635 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. AMCO Insurance Company Surety BY Attorney -in -fact Roberta K. Blair (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 KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company' and collectively as the "Companies," each does hereby make, constitute and appoint: JAMES D. WILSON ROBERTA K. BLAIR TARA B. EARLEY PHILIP C. KRUG BRENDA R. SMITH KRISTY L. BALTHAZOR MARK A. SKIDMORE ALICIA M. WEILAND SALINA KS each in their individual capacity, its true and lawful attorney -in -fact, with full power and authorityto sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of TWO MILLION FIVE 11UNDRED THOUSAND AND NO /100 DOLLARS S 2,500,000.00 and to bind the Company thereby, asfully and to the same extent as if such instruments were signed bythe duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -tact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatoryin nature that the business of the Company may require; and to modif y or revoke, with or without cause, any such appointmentor authority: provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Companythereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved,or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11 day of November, 2011 Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company � and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, m 0 SEAL: 0 AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance N :,.;:: Company ACKNOWLEDGMENT s sn ,� STATE OF IOWA, COUNTY OF POLK: ss =�SkALa IF " °< On this Ifdayof November ,2011 before me camethe above-namedofficerfor the Companies aforesaid, 0 :8JQL .jJ0 Alf to me personally known to be the officer described in and who executed the preceding instrument, and he �s,,°%a�". �e' ��•.,roN.w;= acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the OM ��t authorit and direction of said Com anus. C'SE ).0 �,_JlGn1. �, C°mMStlm numna 152]3: i,`� =� te Wcu um.aw Evlrm :�zm Notary Public My Commission Expires I, Robert W Horner III, Secretary of the Companies, do hereby certify that CERTIFICATE March 24, 2014 the foregoing is a full, true and correct copy of the original power of attorney issued bythe Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument bythe authorityof said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, Izhave hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this EPA day of 1 Secretary This Power of Attorney Expires 07131/15 BDJ 1 (11 -11) 00 08028 .acoizo® CERTIFICATE OF LIABILITY INSURANCE `/ DAM 2012' 12/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Roberta Blair NAME: PNONE ('00)563 -1871 FAX NO: (785) 825-5098 Sunflower Insurance Group, Inc. 2090 S. Ohio ADDR E SS: rblair @yourassurance.com P.O. Box 1213 PRODUCER 00032803 INSURER(S) AFFORDING COVERAGE NAIC0 Salina KS 67402 -1213 INSURED INSURER AEID to ers Mutual Insurance Co. A INSURER BEMCASCO Insurance Company 1407 T 6 R Dirt Construction, DBA TRR, Inc. INSURER C:KBIWCF 0010 1334A North Ohio INSURER D: MED EXPAnyane person) PO Box 542 INSURER E $ 1,000,000 Salina KS 67402 -0542 INSURER F: COVERAGES CERTIFICATE NUMBER:12 /13 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR LTR TYPE OFINSURANCE ACCORDANCE WITH THE POUCY PROVISIONS. SU POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYI'YY UNITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY Salina, KS 67402 -0736 Susan Flaming /SFLAMI EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 1XI OCCUR D82921 /7/2012 /7/2013 PREMISE ommenra $ 100,000 MED EXPAnyane person) $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE UMIT APPUES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 S POLICYFX7 PRo- 7 LOC JECT B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS 882821 /7/2012 /7/2013 COMBINED SINGLE UMIT (Ea acdden0 $ 1,000,000 BODILY INJURY(Peraecde) $ BODILY INJURY (Peracdden0 $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per mmident) $ X $ X NON -OMED AUTOS S X UMBRELLA Me X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ EXCESS LUIB CLAIMS -MADE OEDUCTIBLE $ X $ A RETENTION $ 10,000 J82821 /7/2012 /7/2013 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOIBPARTNERIEXECUTIVE❑ X IM Y, OTH- E. L. EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NM) MIA 0121773 /1/2012 /1/2013 E.L. DISEASE - EA EMPLOYE $ 500 000 If yyes desome under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atmch ACORD 101, Addmonal Remarks Schedule, IF more sPaee Is mlulned) City of Salina is named as an Additional Insured to General Liablity s Auto Liability. General Liability is primary/non contributory and includes completed operations. Waiver of Subrogation is added to Workers Compensation. Pollution Liability: Writing company American Safety Indemnity Co., Limit:$1,000,000, Deductible: $5,000, effective date 12/19/12 - 12/19/13 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. City Of Salina PO Box 736 AUTHORIZED REPRESENTATIVE Salina, KS 67402 -0736 Susan Flaming /SFLAMI ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD . I. O CERTIFICATE OF LIABILITY INSURANCE �/ DATE (M/2012 12/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen a . PRODUCER Assurance Partners 2090 S. Ohio P.O. Box 1213 Salina KS 67402 -1213 NAM• Roberta Blair PNale (800)563 -1871 FAX .ITa3)e23 -5098 jAIF Aw E .rblair8yourassurance.com PRODUCER 00032803 CUSTOMER to a. INSURER(S) AFFORDING COVERAGE NAIC8 INSURED T 6 R Dirt Construction, DBA: TRR, Inc. 1334A North Ohio PO Box 542 Salina KS 67402 -0542 INSURERA:RAIC Insurance Companies 3DO2821 INsuRER9EMCASCO Insurance Company 1407 INSURER C I03IWCF 0010 INSURER D: S 100,000 INSURER E: S 5,000 INSURER P: S 1,000,000 COVERAGES CERTIFICATE NUMBER:13 /14 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMSR LTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ER POLICY NUMB POLICY 1E W M I BXP DDr LIMITS A GENERAL LUIBWTY X COMMERCIAL GENERAL UAMUTY CLAIMS -MADE FXIOCCUR PO Box 736 AUTHORIZED REPRESENrAl1VE 3DO2821 /7/2013 /7/2014 EACH OCCURRENCE S 1,000,000 S 100,000 MED EXP ore n S 5,000 PERSONAL a ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY UNIT" RUES PER: X PRO LOC PRODUCTS - COMPIOP AGO S 2,000,000 S B AUTOMOBILE UJUM-111T ANY AUTO ALL ONTIED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON�OYVNED AUTOS 382821 /7/2013 /7/2014 COMBINED SINGLE LIMIT (Eaw rr) S 1,000,000 X BODILY INJURY (Per pawn) S BODILY INJURY (Per wdtleM) 3 PROPERTY DAMAGE (Per wdtlerlB $ X X 3 3 A K IUMBRELLA LAB aces LAB X OCCUR CLAIMS -MADE J82821 /7/2013 /7/2014 EACH OCCURRENCE IS 2,000,000 AGGREGATE S 2,000,000 DEDUCTIBLE RETENTION $ 10,000 3 X $ C WORNERS COMPENSATION "0 EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE❑ OFFICERIMEMSER EXCLUDED? (MerMe YNNN) Ir yes tleemlL »uMer DESCRIPTION OF OPERATIONS Debw NIA 0131773 /1/2013 /1/2014 X 4YC STATU- OT14 E.L EACH ACCIDENT S 500,000 E.L DISEASE - EA EMPLOYEI $ 500,000 E.L DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPEMTONS I LOCATIONS I VEHICLES (Al ch ACOM 101, AddtUae1 ROMe ScNe . s msn.Mm h r ulr I City of Salina is named as an Additional Insured to General Liablity i Auto Liability. General Liability is primary /non contributory and includes completed operations. Waiver of Subrogation is added to Workers Compensation. Pollution Liability: Writinq company American Safety Indamnity Co., Limit: $1,000,000, Deductible: $5,000, effective date 12/19/12 - 12/19/13 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009109) ®1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (20oeD9) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Salina PO Box 736 AUTHORIZED REPRESENrAl1VE Salina, KS 67402 -0736 Susan Flaming /SFLAMI ACORD 25 (2009109) ®1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (20oeD9) The ACORD name and logo are registered marks of ACORD BDA733635 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, THAT T &R Dirt Construction OF Salina, KS , as principal, and AMCO Insurance Company, a corporation, organized under the laws of the State of Iowa with general offices in Des Moines, IA and authorized to transact business in the State of Kansas as surety, are held and firmly bound unto the Owner, CITY OF SALINA, KANSAS, in the Fifty Eight Thousand -Four Hundred penal sum of Twenty Dollars and 07 /1drlalarS 58,420.07 ($ ) 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 D '1 day of 20�_. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said principal has ntered int a written contract with the Owner, CITY OF SALINA, KANSAS, dated OUCt �, 20 L3 , for the furnishing of all materials and labor and doing of all the work of whatever kind necessary to complete demolition work 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. _ 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, IIm BDA733635 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. AMCO Insurance Company rety BY Attorney -in -fact Rooerfa K. Blair (A certified copy of the agent's power of attorney must be attached hereto.) I1:S BDA733635 STATUTORY BOND KNOW ALL BY THESE PRESENTS, THAT T &R Dirt Construction OF Salina, KS as principal, and AMCO Insurance Company, P Y a corporation organized under the laws of the State of Iowa in Des Moines, IA with general offices and authorized to transact business in the State of Kansas as suretyy� are h@I and Vmk bpund unto the State of Kansas in the Fifty Eight' Thousand our un e penal sum of Twenty Dollars and o7 /Idollars ($ 5 ,AZ2 07 )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 �4 It JQ F) aA n q 18 ,20 . day of THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said rincipal has entered into written contract with the CITY OF SALINA, KANSAS, dated n r 2012, for the furnishing of all materials and labor and doing all the work of what ver kind necessary to construct certain 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. 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. SB -1 BDA733635 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. T &R Dirt Construct AMCO Insurance Company Surety BY Attorney -in -fact Roberta K. Blair (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 KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: JAMES D. WILSON ROBER7'A K. BLAIR TARA B. EARLEY PHILIP C. KRUG KRISTY L. BALTHAZOR ALICIA M. WEILAND BRENDA R. SMITH MARK A. SKIDMORE SALINA KS each in their individual capacity, its true and lawful attorney -in -fact, with full power and authorityto sign, seal, and execute on its behalf anyand all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of TWO MILLION FIVE HUNDRED THOUSAND AND N01100 DOLLARS S 2500,000.00 and to bind the Companythereby, as fully andto the same extent as if such instruments were signed . bythe duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -tact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers. contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require;and to modifyor revoke, with orwithout cause, any such appointmentor authority; provided, however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company," "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authorityto execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however,that said seal shall not be necessary for the validity of any such documents:" This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved,or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11r" day of November, 2011 b g � :►, �! _ . _ ., v.4 Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company �a�s ! <o!� ^•n: -� and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, / 0 • SEAL; 0 AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance i 1, :gr •q��;:vi Company ACKNOWLEDGMENT f� F, ••a.... -8n � ::: ".,%� STATE OF IOWA, COUNTY OF POLK: ss !x•m�w..rc :'.,� Onthis ll dayof November, 2011 before me came the above -named officer for the Companies aforesaid, g:EP'L e FaitSEA , 0 to me personally known to be the officer described in and who executed the preceding instrument, and he i >a'J`'O�a' �i�'a''iC »;:•,� acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the srrrr ,�` +��t, authority and direction of said Com anus. gSEAL / f.� el Le SEA•0 z IowaNOtaZSeal o °• ^`p `' !` ..',lEq).er 151)85 '`tiM =i �^ Mr commhsim n�ir•s marm.a:rore Notary Public ►�. My Commission Expires CERTIFICATE March 24, 2014 1, Robert W Horner III, Secretaryof the Companies, do hereby certify that the foregoing is a full, true and correct copyof the original power of attorney issued bythe Company; thatthe resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument bythe authorityof said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this � day Oa NA r 20 1 Secretary This Power of Attorney Expires 07/31115 BDJ 1 (11 -11) 00 08028 lm. i ® CERTIFICATE OF LIABILITY INSURANCE �/ DATE IMMDD012 12/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Roberta Blair Sunflower Insurance Group, Inc. PHONE . (800)563 -1871 pq�Ny: I?esl e25-5098 ADDRIESS, rblair @yourassurance. com 2090 S. Ohio P.O. Box 1213 PRODUCER 00032803 USTO INSURERS AFFORDING COVERAGE NAIC$ Salina RS 67402 -1213 INSURED INSURER EID to ers Mutual Insurance Co. ii COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR INSURER BEMCASCO Insurance Company 1407 3DB2821 T fi R Dirt Construction, DBA TRR, Inc. INSURER C ICBIWCF 0010 1334A North Ohio INSURER D: $ 5,000 PO Box 542 INSURER E: Salina ICS 67402 -0542 INSURER F: COVERAGES CERTIFICATE NUMBER:12 /13 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE OF INSURANCE ADDL S SUBR MD POLICY NUMBER POLICY EFF MMID POLICY EXP IMMIDDNYY(1 LIMITS GENERAL LIABILITY Susan Flaming /SFLAMI EACH OCCURRENCE $ 1,000,000 A ii COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 3DB2821 17/2012 117/2013 DAMAGE TO RENTE PREMISE Ea oaunence S 100.000 MED ]DIP Any one Person) $ 5,000 PERSONAL& AM INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRP LOG $ $ AUTOMOBILE X LIABILITY ANV AUTO ALL OWNED AUTOS Ea2921 /7/2012 1/7/2013 COMBINED SINGLE LIMIT (Ea aaJdenq $ 1,000,000 BODILY INJURY (Par parson) § BODILY INJURY (Par accident) $ SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE (Peracadent) $ X X NON -OWNED AUTOS $ 8 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ EXCESS LAB CLAIMS -MADE DEDUCTIBLE $ A X RETENTION $ 10,000 J82821 1/7/2012 1/7/2013 $ C WORMERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER ECUTIVE 0 OFFICERIMEMDER EXCLUDED? (Mandatory In NH) U yyes describe under DESCRIPTION OF OPERATIONS below NIA 0121773 /1/2012 1/1/2013 X WCSTATU- OTR- Y L" E. L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE- POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AdacN ACORD 101, Additional Remarim Schedule, U more space Is required) City of Salina is named as an Additional Insured to General Liablity S Auto Liability. General Liability is primary /non contributory and includes completed operations. Waiver of Subrogation is added to Workers Compensation. Pollution Liability: Writing company American Safety Indemnity Co., Limit: $1,000,000, Deductible: $5,000, effective date 12/19/12 - 12/19/13 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (2w9os) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 736 AUTHORIZED REPRESENTATIVE Salina, KS 67402 -0736 Susan Flaming /SFLAMI ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (2w9os) The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE /26 0002 12/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the eertlfieate holder Is an ADDITIONAL INSURED, the poliey(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certlficate holder In lieu of such endoreemen a . PRODUCER NAM Roberta Blair Assurance Partners 563 -1871 FAX No • (785) 825 -5098 gk:-,:�:,iair@yourass��ce.com AooRE .rblairgyourassurance.com 2090 S. Ohio P.O. Box 1213 PRODUCER 00032803 INSURER(S) AFFORDING COVERAGE NAIC0 Salina KS 67402 -1213 INSURED INSURERAEMC Insurance Companies PERSONAL a ADV INJURY INSURER BEMCASCO Insurance Company 1407 T S R Dirt Construction, DBA: TRR, Inc. INSURER ABIWCF 0010 1334A North Ohio INSURER o S 2,000,000 PO Box 542 1 INSURER E: B Salina KS 67402 -0542 INSURER F: COVERAGES CERTIFICATE NUMBER:13 /14 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN POLICY NUMBER POUCY EFF M POLICY EXP M LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR PO Box 736 3DB2821 /7/2013 /7/2014 EACH OCCURRENCE S 1,000,000 P EMI $ 100,000 MEDEXP Ar ana rI $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE POLICY LIMIT APPLIES PER: X O. LOC JECT F-1 PRODUCTS - COMPNP AGO S 2,000,000 $ B AUTOMOBILE LIABILITY ANY A UTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON OWNEO AUTOS 882821 /7/2013 /7/2014 COMBINED SINGLE LIMIT (Ea acrldan0 $ 1,000,000 BODILY INJURY(Per HMraOn) S BODILYIWURY (ParaaMaM) f JX PROPERTY DAMAGE (Per=Idenl) S S A X UMBRELLA LIAB EXCESS LJAS X OCCUR CI-AIMS-MADE J82821 /7/2013 /7/2014 EACH OCCURRENCE $ 2,000,000 AGGREGATE S 2,000,000 DEDUCTIBLE RETENTION $ 10,000 S X S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIErORIPARTNER ECUTIVE D OFFICERIMEMEER EXCLUDED? IMandamry In NH) Iryyn desaiOe urMx DESCRIPTION OF OPERATIONS pews MIA 0131773 /1/2013 /1/2014 X WC STATU- OTH- FR E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE S 500,000 E.L. DISEASE- POLICY UMIT S 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Atbch ACORD 101, Add Owwd Remade S91MCUN, B rnma sps9a Is requlrW ) City of Salina is named as an Additional Insured to General Liablity 6 Auto Liability. General Liability is primary/non contributory and includes completed operations. Waiver of Subrogation is added to Workers Compensation. Pollution Liability: Writing company American Safety Indemnity Co., Limit: $1,000,000, Deductible: $5,000, effective date 12/19/12 - 12/19/13 CERTIFICATE HOLDER ' CANCELLATION ACORD 25 (2009109) m 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (2oosoa) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Salina PO Box 736 AUTHORIZED REPRESENTATIVE Salina, KS 67402 -0736 Susan Flaming /SFLAMI ACORD 25 (2009109) m 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (2oosoa) The ACORD name and logo are registered marks of ACORD Lisiing of Certified Companies: Surety Bonds: Programs and Systems: Financial Manage... Page 1 of I AMCO Insurance Company (NAIC #19100) BUSINESS ADDRESS: ONE WEST NATIONWIDE BLVD., 1 -04 -701, COLUMBUS, OH 43215 - 2220. PHONE: (515) 508 -4211. UNDERWRITING LIMITATION b/: $46,341,000. SURETY LICENSES c,f /: AZ, CA, CO, DE, FL, GA, ID, IL, IN, IA, KS, KY, MD, MI, MN, MO, MT, NE, NV, NM, NC, OH, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, WY. INCORPORATED IN: Iowa. http : / /www.fms.treas.gov /c570/c570 a- z.html 12/26/12 First published in the Salina Journal on r ?, 2012 NOTICE TO CONTRACTORS Sealed proposals will be received by the City Clerk of Salina, Kansas, 300 West Ash, Room 206, until 10:00 a.m., CDT, October 31, 2012 and publicly read in Room 107 for the following project: PROJECT NO. DS 12 -001 2012 STRUCTURE DEMOLITION The specifications, and other contract documents are the property of the City of Salina, Kansas, and are available for public inspection at the office of Development Services, Room 201, 300 W. Ash, Salina, Kansas 67401. The documents may be purchased from the office of the City Building Official upon payment of $20.00 for each set of plans and specifications, which is non - refundable. The City of Salina, Kansas, reserves the right to reject any or all proposals and to waive any irregularities therein. CITY OF SALINA Lieu Ann Elsey, City Clerk Cky off }id�ai4' n,'d1i Salina SALINA, KANSAS DEPARTMENT OF DEVELOPMENT SERVICES BUILDING SERVICES DIVISION S P E C I F I C A T I O N S PROJECT NO. DS 12 -001 2012 STRUCTURES DEMOLITION � XW u' Salina PROJECT NO. DS 12 -001 2012 STRUCTURES DEMOLITION Norman M. Jennings, Mayor COMMISSIONERS Samantha P. Angell Kaye J. Crawford Aaron Householter Barb Shirley Jason A. Gage, City Manager Lieu Ann Elsey, City Clerk Elvin DeVorss, Building Official October 2012 TABLE OF CONTENTS PAGE REQUEST FOR BIDS --------------------------------------------------------------------------- ---- - - - - -- 1 INFORMATION FOR BIDDERS ----------------------- - - - - -- ------------------------------------ - - - - -- 2 PROPOSAL-------------------- - - - - -- --------------------------------------------------------------- - - - - -- P -1 CONTRACT----------------------------------------------------------------------------------------- - - - - -- C -1 PERFORMANCE BOND ----------------------------------------------------------------------- - - - - -- PB -1 STATUTORY BOND ---------------------------------------------------------- - - - --- - - - - --- SB -1 CERTIFICATE OF COMPLETION -------------------------------------------------------------- - -CC -1 SECTION 1 - GENERAL SPECIFICATIONS -------------------------------------------------- - - -1 -1 SECTION 2 - KDHE ASBESTOS REMOVAL INFORMATION---------------------------- - - -2 -1 GENERAL CLAUSES (TABLE OF CONTENTS) --------------------------------------- - - - - -- GC -A GENERALCLAUSES------------------------------------------------------------------------------- - -GC -1 APPENDIX I- PHOTOS OF PROPERTIES ------------------------------------------------------ A -1 REQUEST FOR BIDS FOR 2012 STRUCTURES DEMOLITION PROJECT NO. DS 12 -001 Sealed proposals for the demolition of structures on the following- described properties will be received by the City of Salina, at the office of the City Clerk, City- County Building 300 West Ash, Salina, Kansas, until 10:00 a.m.. October 31. 2012 at which time the proposals will be opened publicly and read aloud. Tract Address Legal Description 1 1333 N. 4th Street Lot Thirty -two (32), Block Twenty -five (25), in the Episcopal Military Institute Addition to the City of Salina, Saline County, Kansas 2 633S.4 th Street Lot Eleven (11), Lunkenheimer Addition to the City of Salina, Saline County, Kansas 3 636 N. 5th Street Lots Eighty -Two (82) and Eighty -Four (84), on Fifth Street, Jones Addition to the City of Salina, Saline County, Kansas 4 909 N. 11th Street Lot Ten (10), Block Thirty -one (31), Military Addition to the City of Salina, Saline County, Kansas 5 503 N. 13th Street Lots Thirty -eight (38) and Forty (40), Block Six (6), Northpark Addition to the City of Salina, Saline County, Kansas 6 604 N. 13th Street Lot Twenty -Five (25), Block Seventeen (17), Pacific Addition to the City of Salina, Saline County, Kansas The specifications and other contract documents are the property of the City of Salina, Kansas, and are available for public inspection at the office of the City Building Official. A complete set of such documents may be obtained from the office of the City Building Official, upon payment of $20.00 for a set of specifications. The successful bidder(s) will be furnished with four complete sets of plans and specifications. Additional sets required by him or her will be furnished at the above rate. There will be no refund on documents returned. The character and amounts of security to be furnished by each bidder are stated in the above mentioned contract documents. No proposal may be withdrawn within 30 days from the scheduled closing time for receiving proposals. The City of Salina, Kansas, reserves the right to reject any or all proposals and to waive any irregularities therein. THE CITY OF SALINA, KANSAS /s/ Lieu Ann Elsev CITY CLERK INFORMATION FOR BIDDERS 1. It is the intent of the City of Salina to award one or more contract(s) for the demolition, clearing, and cleaning of six (6) residential properties located in Salina, Kansas. A contract will be awarded to the lowest responsible bidder for each of the below- described properties; or, one contract will be awarded to the lowest responsible bidder for all six (6) of the individual properties. The properties subject to this demolition project are described as follows: Tract Address Legal Description 1 1333 N. 4th Street Lot Thirty -two (32), Block Twenty -five (25), in the Episcopal Military Institute Addition to the City of Salina, Saline County, Kansas 2 633S.4 th Street Lot Eleven (11), Lunkenheimer Addition to the City of Salina, Saline County, Kansas 3 636 N. 5`h Street Lots Eighty -Two (82) and Eighty -Four (84), on Fifth Street, Jones Addition to the City of Salina, Saline County, Kansas 4 909 N. 11th Street Lot Ten (10), Block Thirty -one (31), Military Addition to the City of Salina, Saline County, Kansas 5 503 N. 13th Street Lots Thirty -eight (38) and Forty (40), Block Six (6), Northpark Addition to the City of Salina, Saline County, Kansas 6 604 N. 13`h Street Lot Twenty -Five (25), Block Seventeen (17), Pacific Addition to the City of Salina, Saline County, Kansas In addition, photographs of the six (6) properties subject to demolition are attached hereto, as Appendix I. 2. The work to be done under this contract is described in the technical specifications. 3. The contract documents include the specifications on file with the official representative of the City, the advertisement for bids, this information for bidders, the proposal and contract forms, and the bonds and securities to be furnished by the Contractor. 4. Each bidder shall be acquainted with all conditions pertaining to the proposed work, and shall personally examine the sites. Any prospective bidder in doubt as to the meaning of any part of the contract documents may submit to the Building Official a written request for an interpretation thereof. The person submitting such request shall be responsible for its prompt delivery. Official interpretation, modification, or revision of the contract documents will be made only by addendum duly issued and mailed or delivered to each party having a set of contract documents. The Building Official assumes no liability for any other explanations or interpretations of the documents. 2 5. Bids shall be based on materials and equipment fully complying with the specifications. The Contractor shall be responsible, under this contract price or prices, for furnishing and installing materials and equipment conforming to the stipulated requirements, even though he names in his proposal other kinds or types of materials and equipment. 6. No bidder shall be interested in more than one bid. Submission of more than one bid by any firm or individual under different names, or collusion among bidders, shall be cause for rejection of all such bids without consideration. 7. The attached proposal form shall be filled out in full. Proposals for less than all the work on any one property will not be considered. Extensions and totals submitted in the bid will be subject to audit and verification; unit prices shall govern in event of discrepancies between unit prices and extensions or totals. Each proposal shall bear the bidder's name, exact post office address, and the names and addresses of all persons and parties interested with him therein. Any person signing as an agent shall submit acceptable evidence of his authority. The City may make changes in the scope of the work required to be performed by the Contractor under the contract by making additions thereto, or by omitting work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him pursuant to the contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. No limit will be fixed and no change order will be required for such increased or decreased quantities nor shall any adjustment in unit prices be allowed, provided the net monetary value of all such additive and subtractive change in quantities of such items of work shall not increase or decrease the original total contract amount by more than twenty - five percent (25 %). 8. Each bidder shall submit with his proposal a certified check, cashier's check on a solvent bank, or an acceptable bidding bond, in the amount of five per cent of the total bid shown on the proposal. This security shall be made payable to the City and will serve as a guarantee that the bidder will file all bonds and securities required and enter into any contract awarded him in accordance with the terms of his bid within ten (10) days after certification of award. Should the successful bidder fail to enter into contract with the City; said bid security shall be forfeited as liquidated damages; and the money derived therefrom will be turned to the use of the City. 9. Bids shall be sealed, the outside of the envelope marked with the title of the project, and.addressed to the City. The City's address, and the time and place for submission of bids, are shown in the "Request for Bids." Bids received after the specified time will be returned, unopened, to the bidder. Bids submitted by "FAX" will not be accepted. 10. All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but the City may, in its sole discretion, release any Bid Security prior to that date. 3 11. Bidders are requested to be present at the opening of bids. All proposals shall be made and received with the express understanding that the bidder accepts the terms and conditions set forth in these instructions and the attached specifications, contract, and bond forms. 12. Before award of the contract, the successful bidder will be required to satisfy the City as to his experience and competence to perform the work, his integrity and reliability in carrying out the provisions of his performance bond, and his resources for the vigorous prosecution of the work. 13. All bids must be regular in every respect and no interlineations, excisions, additions, deletions, alterations or special conditions shall be made on or included with the proposal form. If.the work is divided into two or more parts, the bidder shall not tie the bids for the various parts of the work together in any manner. Any bid not conforming to these requirements will be rejected. 14. No proposal will be accepted from any person or firm who is in arrears to the City of Salina, Kansas upon debt of contract, who is in default as surety or otherwise upon any obligation to the City, or who has failed in previous contracts to comply with the requirements of the specifications and to fulfill his contracts. 15. Questions regarding the contract documents shall be submitted in writing to the Building Official no later than seven (7) days prior to the opening of bids. The Building Official shall respond in writing, via email or fax, to all plan holders in an expeditious manner, and no later than three (3) days prior to the opening of bids. All questions concerning this project during the bidding process shall be forwarded to the project contact listed below. Elvin DeVorss, Building Official 300 W. Ash, Room 201 P.O. box 736 Salina, KS 67402 -0736 Telephone Number: 785 - 309 -5715 e -mail: elvin.devorssCcDsalina.org 4 PROPOSAL TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS The undersigned hereby certifies that he or she has carefully examined the specifications and other contract documents; has fully investigated the location, character, and extent of the work to be done and the materials to be furnished in connection with the 2012 STRUCTURES DEMOLITION PROJECT NO. DS 12 -001 in the City of Salina, Kansas. He or she further certifies that he or she is familiar with the type of work involved throughout the scope of the project and understands that, in signing this proposal, he or she waives all right to plead any misunderstanding regarding same. 1. The undersigned proposes to furnish all tools, appliances, equipment, materials, and labor required to complete the requested demolitions in a thorough, workmanlike and satisfactory manner in accordance with the specifications and contract documents for the following price(s): "`Instruction to Bidders: Please complete both Sections 1.1 and 1.2 below. 1.1 If awarded a contract to demolish fewer than all six (6) properties, the undersigned proposes to perform the work on each property for the following prices, within the following specified number of calendar days after the issuance of a Notice to Proceed: Tract Address Legal Description # of Days to Bid Amount Complete 1 1333 N. 4`" Lot Thirty -two (32), Block Twenty -five (25), Street in the Episcopal Military Institute Addition $ to the City of Salina, Saline County, Kansas 2 633 S. 4" Lot Eleven (11), Lunkenheimer Addition to Street the City of Salina, Saline County, Kansas $ 3 636 N. 5`" Lots Eighty -Two (82) and Eighty -Four Street (84), on Fifth Street, Jones Addition to the $ City of Salina, Saline County, Kansas 4 909 N. 11`" Lot Ten (10), Block Thirty -one (31), Street Military Addition to the City of Salina, $ Saline County, Kansas 5 503 N. 13`" Lots Thirty -eight (38) and Forty (40), Block Street Six (6), Northpark Addition to the City of $ Salina, Saline County, Kansas 6 604 N. 13" Lot Twenty -Five (25), Block Seventeen Street. (17), Pacific Addition to the City of Salina, $ Saline County, Kansas P -1 1.2 If awarded a contract for the demolition of all six (6) properties, the undersigned proposes to perform the work on all six (6) properties for the following lump -sum amount $ , and proposes to complete all work on the six (6) properties, ready for acceptance, within calendar days after issuance of permits and Notice to Proceed. If awarded a contract for all six (6) properties, the undersigned's lump -sum proposal is itemized as follows: Tract Address Legal Description Itemized Amount 1 1333 N. 4`h Lot Thirty -two (32), Block Twenty -five (25), Street in the Episcopal Military Institute Addition $ to the City of Salina, Saline County, Lots Thirty -eight (38) and Forty (40), Block Kansas 2 633 S. 4`h Lot Eleven (11), LunkenheimerAddition to Street the City of Salina, Saline County, Kansas $ 3 636 N. 5 " Lots Eighty -Two (82) and Eighty -Four Street (84), on Fifth Street, Jones Addition to the $ City of Salina, Saline County, Kansas 4 909 N. 11 `h Lot Ten (10), Block Thirty -one (31), Street Military Addition to the City of Salina, $ Saline County, Kansas 5 503 N. 13'h Lots Thirty -eight (38) and Forty (40), Block Street Six (6), Northpark Addition to the City of $ Salina, Saline County, Kansas 6 604 N. 131h Lot Twenty -Five (25), Block Seventeen Street (17), Pacific Addition to the City of Salina, $ Saline County, Kansas TOTAL BID AMOUNT" 'should equal the amount proposed in $ Section 1.2 above 3. The undersigned acknowledges that contracts may be awarded to the lowest responsible bidder for one or more of the individual properties; or to the lowest responsible bidder for all six (6) of the properties, in the aggregate. 4. The undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence demolition on or before 4. In evaluating bids for award of contract, the City may take into account the proposed starting date and indicated duration of demolition, together with their effect upon the total cost of the project. P -2 5.. The undersigned acknowledges receipt of the following addenda: 1. Signed this day of 2012 BIDDER: ADDRESS: BY: TITLE: P -3 AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and for THE DEMOLITION OF DANGEROUS RESIDENTIAL STRUCTURES This Agreement is entered into on the latest date of execution shown on the signature page by and between the City of Salina, Kansas, (the "City ") and (the "Contractor "). Recitals A. The City has advertised for bids for the procurement and performance of the services required to facilitate the demolition and site clearance of certain property in the City of Salina, and in connection therewith has prepared a request for sealed proposals, which includes certain instructions to bidders, specifications, terms and conditions, B. The Contractor has professional qualifications that meet the project requirements and has made a bid in accordance with such request for proposals to perform the demolition and site clearance work in accordance with the terms of this Agreement, which bid has been accepted by the City. The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement, as amended and supplemented from time to time. "City" means the City of Salina, Kansas. "Contractor" means and any successors or assigns approved pursuant to this Agreement. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement: Exhibit A: Scope of Services Exhibit B: Schedule Exhibit C: Basis for Payment Exhibit D: Insurance Requirements Exhibit E: Standard Provisions CGI Mark with "X" if applicable CITY: City Clerk P.O. Box 736 Salina, ICS 67402 -0736 CONTRACTOR: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. CITY OF SALINA, KANSAS ( "CITY ") I M. Norman M. Jennings, Mayor Date: Date: 0:1109-11 IN Lieu Ann Elsey, CMC, City Clerk APPROVED AS TO FORM: By: Clark, Mize & Linville, Chartered Legal Counsel City of Salina, Kansas 4 ( "CONTRACTOR ") EXHIBIT A RESPONSIBILP TES OF THE PARTIES It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the City, as set forth in the accepted Proposal and in accordance with the provisions of the General Clauses, the Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary for the demolition and clearance of the below - described structures, and to complete the work in a good, substantial and workmanlike manner, ready for use and in strict accordance with the contract specifications, as approved and filed pursuant to law in the office of the legal representative of the City. The structure(s) to be demolished pursuant to this Agreement are as follows: Tract Address Legal Description TO BE INSERTED UPONACCEPTANCE OF CONTRACTOR'S PROPOSAL EXHIBIT C BASIS FOR PAYMENT 1. Compensation. The City shall pay the Contractor the following lump -sum amount(s), in consideration of the Contractor's performance of the work required by this Agreement for the demolition and clearing of the following structure(s). Tract Address Legal Description Price 1333 N. 4`h Street Lot Thirty -two (32), Block Twenty -five (25), in the Episcopal Military Institute Addition to the $ City of Salina, Saline County, Kansas 2 633 S. 4 °i Street Lot Eleven (11), Lunkenheimer Addition to the City of Salina, Saline County, Kansas $ 3 636 N. 5° Street Lots Eighty -Two (82) and Eighty -Four (84), on Fifth Street, Jones Addition to the City of $ Salina, Saline County, Kansas 4 909 N. l I`h Street Lot Ten (10), Block Thirty -one (31), Military Addition to the City of Salina, Saline County, $ Kansas 5 503 N. 13`h Street Lots Thirty -eight (38) and Forty (40), Block Six (6), Northpark Addition to the City of $ Salina, Saline County, Kansas 6 604 N. 13°i Street Lot Twenty -Five (25), Block Seventeen (17), Pacific Addition to the City of Salina, Saline $ County, Kansas Total $ 2. Payment. The City shall make full payment to the Contractor within 14 days after the Contractor's full, complete, timely and faithful performance of the work required by this Agreement. T & R Dirt Construction P. O. Box 542 Salina. Kansas 67402 -0542 PROPOSAL TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS The undersigned hereby certifies that he or she has carefully examined the specifications and other contract documents; has fully investigated the location, character, and extent of the work to be done and the materials to be furnished in connection with the 2012 STRUCTURES DEMOLITION PROJECT NO. DS 12 -0001 in the City of Salina, Kansas. He or she further certifies that he or she is familiar with the type of work involved throughout the scope of the project and understands that, in signing this proposal, he or she waives all right to plead any misunderstanding regarding same. 1. The undersigned proposes to furnish all tools, appliances, equipment, materials, and labor required to complete the requested demolitions in a thorough, workmanlike and satisfactory manner in accordance with the specifications and contract documents for the following price(s): ** *Instruction to Bidders: Please complete both Sections 1.1 and 1.2 below. 1.1 If awarded a contract to demolish fewer than all six (6) properties, the undersigned proposes to perform the work on each property for the following prices, within the following specified number of calendar days after the issuance of a Notice to Proceed: Tract Address Legal Description # of Days to Bid Amount Complete 1 1333 N. 4'" Street Lot Thirty -two (32), Block Twenty -five (25), in the Episcopal Military Institute Addition L% $ to 7.59. 38 to the City of Salina, Saline County, Kansas 2 633 S. 4°i Lot Eleven (11), Lunkenheimer Addition to I Street the City of Salina,, Saline County, Kansas $ /y 087, S% 3 636 N. 51' Lots Eighty -Two (82) and Eighty -Four L/ Street (84), on Fifth Street, Jones Addition to the f $111-411, t/, 7 City of Salina, Saline County, Kansas 4 909 N. 11'" Lot Ten (10), Block Thirty -one (31), / Street Military Addition to the City of Salina, $ 6 U 3 3 Saline County, Kansas 5 503 N. 13'" Lots Thirty -eight (38) and Forty (40), Block Street Six (6), Northpark Addition to the City of 1 $ JR, 136, %{ Salina, Saline County, Kansas 6 604 N. 13'' Lot Twenty-Five (25), Block Seventeen G( Street (17), Pacific Addition to the City of Salina, 1 $ 1 �/, 3to Saline County, Kansas P -1 T & R Dirt Construction P. O. Box 542 Salina, Kansas 67402 -0542 1.2 If awarded a contract for the demolition of all six (6) properties, the undersigned proposes to perform the work on all six (6) properties for the following lump -sum amount $ S-8, NZO, 07' 1 and proposes to complete all work on the six (6) properties, ready for acceptance, within CIO calendar days after issuance of permits and Notice to Proceed. If awarded a contract for all six (6) properties, the undersigned's lump -sum proposal is itemized as follows: Tract Address Legal Description Itemized Amount 1 1333 N. 4`h Lot Thirty -two (32), Block Twenty -five (25), Street in the Episcopal Military Institute Addition $ 6 A026, 98 to the City of Salina, Saline County, Kansas 2 633 S. 4`h Street Lot Eleven (11), Lunkenheimer Addition to the City of Salina, Saline County, Kansas /0 aas o7 $ 3 636 N. 5`h Lots Eighty -Two (82) and Eighty -Four Street (84), on Fifth Street, Jones Addition to the $ 91 67 9• City of Salina, Saline County, Kansas 4 909 N. 11 m Lot Ten (10), Block Thirty -one (31), Street Military Addition to the City of Salina, $ 7r 7 93 Saline County, Kansas 5 503 N. 13'h Lots Thirty-eight (38) and Forty (40), Block Street Six (6), Northpark Addition to the City of $ 0-t-7H• a6 Salina, Saline County, Kansas 6 604 N. 13`h Lot Twenty -Five (25), Block Seventeen Street (17), Pacific Addition to the City of Salina, Saline County, Kansas TOTAL BID AMOUNT* *should equal the amount proposed in Section 1.2 above ' 3. The undersigned acknowledges that contracts may be awarded to the lowest responsible bidder for one or more of the individual properties; or to the lowest responsible bidder for all six (6) of the properties, in the aggregate. 4. The undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence demolition on or before Oecem1>e'r 0,0 I a- 4. In evaluating bids for award of contract, the City may take into account the proposed starting date and indicated duration of demolition, together with their effect upon the total cost of the project. P -2 T� Sale %e of safi a City of Salina 2/06/2013 P.O. Box 736 cc Salina, Kansas 67402 -0736 Misc. pymt BID BOND FORFEITED -2012 PROJ STRUCTURE DEMO 100 -020 455.001 Received from: RONNIE DIEHL CONSTRUCTION CHECK 53980 $1,205.00 Receipt No. 000131721 WOLFFC 1,205.00 00 i $1,205.00