ContractCONTRACT
I N±,
THIS AGREEMENT, made and entered into this day of /UQ-tzl -) 20_3 by and
between the City of Salina, Kansas a municipal corporation, First Party, hereinafter
referred to as the "Owner" and Larson Construction, Inc., Second Party, hereinafter referred
to as the "Contractor."
W ITNESSETH:
ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or
sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in
accordance with the provisions of the "General Clauses," the said Contractor shall furnish all
labor, equipment, accessories and material and shall perform all work necessary to construct
and complete the improvements in a good, substantial and workmanlike manner; ready for use
and in strict accordance with the contract drawings and specifications, as approved and filed
pursuant to law in the office of the legal representative of the Owner.
ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance
of the work by the Contractor, the Owner shall pay the Contractor the sum or sums due him,
by reason of said faithful performance of the work, at stated intervals and in the amounts
certified by the Engineer; in accordance with the provisions of the "General Clauses," and as
set forth in the proposal as accepted by the Owner.
ARTICLE 3. It is hereby further agreed that at the completion of the work and its
acceptance by the Owner, all sums due the Contractor by reason of his faithful completion of
the work; taking into consideration additions to or deductions from the contract price by reason
of alterations or modifications of the original contract, or by reason of "Force Account' work
authorized under the contract in accordance with provisions of the "General Clauses ;" will be
paid the Contractor by the Owner within 30 days after said completion and acceptance.
ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used
herein as referring to the Contractor shall be deemed to refer to said Contractor whether a
corporation, partnership, or individual; and this contract and all covenants and agreements
thereof shall be binding upon and for the benefit of the heirs, executors, administrators,
successors and assigns of said Contractor.
C -1
ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract'
shall include all contract documents as specifically set out in the "General Clauses," and
thereby made a part of this agreement to the same extent as if set out at length herein.
ARTICLE 6. It is hereby further agreed that the undersigned anticipates that
materials and equipment will be on hand at the site in sufficient quantities to commence
work on March 1, 2013; and the completion of the work, ready for acceptance on April 30,
2013
IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have
caused this agreement to be duly executed in triplicate the day and year first herein written,
all copies of which to all intents and purposes shall be considered the original.
CONTRACTOR, SECOND PARTY
LARSON CONSTRUCTION, INC.
BYo'� �sy
1-,e 5
or position of signer)
Seal - if Contractor be a corporation
OWNER, FIRST PARTY
THE CITY OF SALINA, K.4KSAS
B
MA OR
Attest:
C -2
PROPOSAL
TO THE BOARD OF COMMISSIONERS
CITY OF SALINA, KANSAS
Commissioners:
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 K -143 HIGHWAY UTILITY
RELOCATION, PROJECT NO. 13 -2950 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 project in a thorough, workmanlike, and satisfactory manner in
accordance with the specifications, and contract documents, for the following prices
ITEOM
DESCRIPTION
QUANTITY
UNIT
UNIT
TOTAL
1.
Install Packaged Submersible
1
L.S.
Sewage Pump Station, with mounted
Control, Alarm and Electrical Boxes
2.
3 -inch Directional Bored Waste Water
570
L. F.
$
Force Main
3.
8 -inch Directional Bored Water Main
170
L. F.
CL�
$ 60
of
$ Made
4.
Erosion Control
1
L.S.
$ 75"-0
$ 5 0
5.
Traffic Control
1
L.S.
$ _5.00 0�y
$ X00 �c
6. Install Electric Power from Westar
Transformer to Pump Station 1 L.S. $ 05'00 n� $ 81'<W &
TOTAL $ S V 7b do
2. The undersigned anticipates that materials and equipment will be on hand at
the site in sufficient quantities to commence work on or before
March 1. 2013; and the work shall be complete and ready for acceptance on or
before April 30, 2013.
3. In evaluating bids for award of contract, the owner may take into account the
proposed starting date and indicated duration of construction, together with their
effect upon the total cost of the project.
P -1
4. The undersigned acknowledges receipt of the following addenda:
Signed this /941A day ofd , 201-?.
BIDDER: L�@eSOaJLdN�rrG'4it� Zee,
BY:��„/
TITLE:/Gf
EMAIL: had ,IV /pr a
P -2
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE Larson Construction, Inc.
919 S. Manhattan Avenue, Manhattan KS 66502
as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual)
2100 Fleur Drive, Des Moines IA 50321-1158
a corporation duly organized under the laws of the State of IA
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Salina, Kansas
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid
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. 13 -2950, K -143 Highway Utility Relocation
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 materials furnished 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 19th day of February 1 2013
AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
MERCHANTS
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint, individually,
Morgan Dewey, Monica F. Hein, Carolyn J. Johnson, Sierra M. Miramontez, Rodney W. Paddock,
Debra L. Walz, Michael D. Whipps, S. Mark Wilkerson
of Overland Park and State of Kansas their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
SEVEN MILLION ($7,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of- Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed:'
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 16th day of January , 2013 .
�g�4 to t7H,gr��7
_p_
=, zco3
STATE OF IOWA
COUNTY OF POLK ss. �• "• "•••• "O��
�Oa0\NP0
. Cf.•40P Rq.:•y <:
a'• 1933
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By
((((//// President
On this 16th day of January , 2013 before me appeared Larry Taylor, tome personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
r MARANDA GREENWALT kf�'}tn r?
s Commission Number xpires 12 �^i
My Commission Expires ,I�,/�
O1" October 28, 2014
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness W
this 15'!><1, day of
POA 0014 (11/11)
I have hereunt set my hand and affixed the seal of the Companies on
4UARW ?913
t ..
4X, a
r _4
Secretary
PO
o:
�'• 1933
3,
Secretary
PERFORMANCE BOND
Bond No. KSC65904
KNOW ALL BY THESE PRESENTS, THAT Larson Construction, Inc. OF
Merchants Bonding
P.O. Box 1411, Manhattan, KS 66502, as principal, and Company (Mutual) a
corporation, organized under the laws of the State of Iowa , with
general offices in Des Moines, Iowa and authorized to transact business in the
State of Kansas as surety, are held and firmly bound unto the Owner, CITY OF SALINA,
KANSAS, in the penal sum of Fifty -five thousand, nine hundred seventy dollars
($55.970.00) lawful money of the United States for the payment of which sum, well and
truly to be made, said principal and surety bind themselves, their heirs, administrators,
executors, successor and assigns, jointly and severally firmly by these presents.
Signed, sealed, and delivered this 11-Lkl_ day of . MC112I-i , 20j,',> .
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into a written contract with the Owner, CITY OF SALINA, KANSAS,
dated AAOJ-ch I 1 20 I3 , for the furnishing of all materials and labor and doing of all
the work of whatever kind necessary to construct certain improvements for the said Owner,
all in accordance with the specifications for such work on file in the office of the Owner; and
in accordance with said contract a copy of which is, or may be, attached hereto and which
is by reference made a part hereof.
NOW THEREFORE, if said principal shall well and truly perform all of the covenants,
conditions, and obligations of said contract on the part of said principal to be performed;
and shall hold the Owner harmless against all claims, loss, or damage which it may sustain
or suffer by reason of any breach of said contract by said principal, or by reason of an
injury to persons or property occasioned by the action of said principal or his employees;
and if said principal shall maintain the improvements to be constructed by him as provided
for in said contract above referred to; then this obligation shall be void; otherwise to remain
in full force and effect.
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 anyway affect
Its obligations on this bond; and it does hereby waive notice of any such change, extension
of time, alteration, or addition to the terms of the contract, or the work, or the specifications.
IN TESTIMONY WHEREOF, said priricio6l 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.
Larson Construction, Inc.
o Principal
1r rlSi
Merchants Bonding Company (Mutual)
Surety
BY
ne i -fact Carolyn J. Johnson
(A certified copy of the agent's power of attorney must be attached hereto.)
Min
MERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BOND
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Comp NG,
anies I
and that the Companies do hereby make, constitute and appoint, individually,
Morgan Dewey, Monica F. Hein, Carolyn J. Johnson, Sierra M. Miramomez, Rodney W. Paddock,
Debra L. Walz, Michael D. Whipps, S. Mark Wilkerson
of Overland Park and State of Kansas their true and lawful Attomey -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
SEVEN MILLION ($7,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness.Whereof, the Companies have caused this instrument to be signed and sealed this 16th day of January , 2013 .
ixiJ -. 2003 r.n _
STATE OF IOWA •h ,,. "'
COUNTY OF POLK ss " " "•• + + "`��
*.0\NG ...... o
:•0�' �009 y••
•z:
• a'• 1933 .•Y ;
:yvd.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By /-,C�/
President
.On this 16th day of January 1 2013 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
MARANDA GREENWALT
+ Commission lion Ex Tres
My Commission Expires
I October 28; 2014
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto sei my hai
this day of ZDl3:
1•ngnr
id and affixed the seal of the Companies on
0 4 ' 9��\FP0 O�j��•a
:•�'. +. z. 1933- f3• Secretary
POA 0014 (11/11) '.d>:' :���r• •:6q \aQ.
�`� °® CERTIFICATE OF LIABILITY INSURANCE
DATE
03 /04 /2013 Y)
o3 /Oa /zo13
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(ies) 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 CA #OH64724 1- 913- 982 -3650
IMA, Inc. (NE Kansas Division)
CONTACT
NAME:
PHONE FAX No: 913- 982 -3495
(AIC No Fall
ADDRIESS:
51 Corporate Woods
9393 W. 110th Street, Suite 600
Overland Park, RS 66210
INSURERS AFFORDING COVERAGE
NAICN
INSURER A: CHARTER OAR FIRE INS CO
25615
04/30/13
INSURED
INSURER B: TRAVEL13RS IND CO
25658
Larson Construction, Inc.
INSURER C: TRAVELERS CAS & SURETY CO
19038
INSURER D:
919 S Manhattan Ave
INSURER E:
$ 300,000
PO Box 1411
Manhattan, RE 66505 -1411
CLAIMS -MADE OCCUR
INSURER F
COVERAGES CERTIFICATE NUMBER: 32322257 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
INSR
SUER
POLICY NUMBER
POLICY
MMIDDIYYYY
POLICY EXP
MMIDD
LIMITS
A
GENERAL LIABILITY
DTC03919C633COF12
04/30/1
04/30/13
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE T N
PREMISES Ea occurrence
$ 300,000
CLAIMS -MADE OCCUR
MED EXP(Any one arson)
$5,000
PERSONAL B ADV INJURY
$ 11000,000
X PD Ded: 2,500
GENERALAGGREGATE
$ 2,000,000
GENT AGGREGATE
LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$2.000,000
$
POLICY
ff] PRO- LOC
A
AUTOMOBILE LIABILITY
DT8303919C633COF12
04 1
04 0 13
COMBINED SINGLE LIMIT
Ea accident
1,000,000
BOOI LY INJURY (Per parson)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
PROPERTY DAMAGE
(Per d nt
$
NON -0WNED
X HIRED AUTOS X AUTOS
E
B
X
UMBRELLA LIAB
X
OCCUR
DTSMCUP3919C633IND12
04/30/1
04/30/13
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
5 4, 000, 000
EXCESS LU18
CLAIMS -MADE
DED I X I RETENTIONS10,000
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIET01UPARTNERIEXECUiIVE YIN
OFFICERIMEMBER EXCLUDED? N❑
(Mandatory in NH)
NIA
DTAUB3919C63312
04/30/1
04/30/13
X WC STATU- OTH-
E.L.EACHACCIOENT
S 11000,000
E.L. DISEASE - EA EMPLOYE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
Ifyes, describe under
DE SCRIPTION OF OPERATIONS below
I
I
T
—
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
Re: R -143 Highway Utility Relocation, Project No. 13 -2950
City of Salina
Utilities Department
300 West Ash
PO Sox 736
Salina, RS 67402 -0736
ACORD 25 (2010105)
dewey
32322257
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE -
USA
071990 -2010 AGURD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD