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Performance & Payment Bond THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 100150211 Premium:52.325.00 AIA Document A312 Performance Bond Any singular reference to Cmeaoor.Surety,Owir nano MY that be mreidend Pk"Wee erplcanle. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Glassman Corporation Hudson Insurance Company 900 Commerce Parkway.P.O.Box 218 100 William Street,5th Floor Hays,KS 67601 New York,NY 10038 OWNER (Name and Address): City of-Salina P.O.Box 736 Salina,KS 67402 CONSTRUCTION CONTRACT Date: 08/06/2014 Amount: $ 93.000 Description(Name and Location): Salina Police Dept.Admin Budding Chiller Replacement BOND Date(Not earlier than Construction Contract Date): 08/06/2014 Amount: $ 93,000 _ • - _ Modifications to this Bond: [X] None (i See Page 3 CONTRACTOR AS PRINCIPAL COMPANY: SURETY COMPANY: Glassman Corporation Hudson Insurance Company Corporate Seal) (Corporate Seal) ‘. 'I Signature: • /ter - s Signature: Name and Title: ' ci Name and Title: Brenda R. Smith Attomevin-Face ! - —' (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name, Address and Telephone OWNER'S REPRESENTATIVE(Architect, AGENT OR BROKER: Engineer or other party): Assurance Partners,LLC 201 E.Iron Salina,KS 67402 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED..AMA® A 312_7984 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006 THIRD PRINTING-MARCH 1987 • 1. The Contractor and the Surety,jointly and severally, 1. After investigation, determine the amount for which it may bind themselves,their heirs, executors, administrators, be liable to the Owner and,as soon as practicable after successors, and assigns to the Owner for the performance the amount is determined,tender payment therefor to the of the Construction Contract,which is incorporated herein Owner;or by reference. 2. Deny liability in whole or in part and notify the Owner 2. If the Contractor performs the Construction Contract, citing reasons therefor. the Surety and the Contractor shall have no obligation 5. If the Surety does not proceed as provided in Paragraph under this Bond,except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3. If there is no Owner Default, the Suret s obit additional written notice from the Owner to the Surety Y anon 9 demanding that the Surety perform its obligations under under this Bond shall arise after: this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as 3.1 The Owner has notified the Contractor and the provided in Subparagraph 4.4, and the Owner refuses the Surety at its address described in Paragraph 10 below payment tendered or the Surety has denied liability,in that the Owner is considering declaring a Contractor whole or in part,without further notice the Owner shall be Default and has requested and attempted to arrange a entitled to enforce any remedy available to the Owner. conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such 6. After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to complete the Construction Contract, and if the Surety tion Contract. If the Owner,the Contractor and the elects to act under Subparagraph 4.1, 4.2, or 4.3 above, Surety agree,the Contractor shall be allowed a reason- then the responsibilities of the Surety to the Owner shall able time to perform the Construction Contract, but not be greater than those of the Contractor under the such an agreement shall not waive the Owner's right, if Construction Contract, and the responsibilities of the any,subsequently to declare a Contractor Default;and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond, but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be de- costs and damages on the Construction Contract,the Sure- dared earlier than twenty days after the Contractor and ty is obligated without duplication for: the Surety have received notice as provided in Sub- paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- 3.3 The Owner has agreed to pay the Balance of the tion Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal, design professional and delay selected to perform the Construction Contract in actor- costs resulting from the Contractor's Default, and re- dance with the terms of the contract with the Owner. suiting from the actions or failure to act of the Surety under Paragraph 4;and 4. When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages, or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perfor- 4.1 Arrange for the Contractor,with consent of the mance of the Contractor. Owner,to perform and complete the Construction Contract;or 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 4.2 Undertake to perform and complete the Construc- struction Contract, and the Balance of the Contract Price tion Contract itself,through its agents or through inde- shall not be reduced or set off on account of any such pendent contractors;or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from its heirs, executors, administrators, or successors. qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change,includ- struction Contract, arrange for a contract to be pre- ing changes of time,to the Construction Contract or to pared for execution by the Owner and the contractor related subcontracts, purchase orders and other oblige- selected with the Owner's concurrence, to be secured lions. with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9. Any proceeding, legal or equitable, under this Bond Construction Contract, and pay to the Owner the may be instituted in any court of competent jurisdiction in amount of damages as described in Paragraph 6 in ex- the location in which the work or part of the work is located cess of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor Owner resulting from the Contractor's default;or Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails 4.4 Waive its rights to perform and complete, arrange to perform its obligations under this Bond,whichever oc- for completion, or obtain a new contractor and with reasonable curs first. If the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law, the minimum period of limitation available AMA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.MA® A 312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.N.W,WASHINGTON D.C.20006 THIRD PRINTING-MARCH 1987 to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable, the Owner in settlement of insurance or other claims 10. Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted here from and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has 12.1 Balance of the Contract Price: The total amount tralctorrasrequired bydthe nor waived, to pay the Con- Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL COMPANY: SURETY COMPANY: (Corporate Seal) (Corporate Seal) Signature: ��� Signature: Name and Name and Title: Address: ���/✓ Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D.,AIA 0 A312.1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.L.20006 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS • \1111111 Bond No. 100150211 Premium: Included in Performance Bond AIA Document A312 Payment Bond Any singular reference to Contractor,Surety.Owner or other party shall be considered plural When appfcable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Glassman Corporation Hudson Insurance Company 900 Commerce Parkway,P.O.Box 218 100 William Street,5th Floor Hays,KS 67601 New York,NY 10038 OWNER(Name and Address): City of Salina P.O.Box 736 Salina,KS 67402 CONSTRUCTION CONTRACT Date: 08/062014 r - - - Amount: $ 93.000 Description(Name and Location): ;ti Salina Police Dept.Admin Budding,Chiller Replacement, �; r - '� BOND i _ _ Date(Not earlier than Construction Contract Date): 08/06/2014 - - -ors Amount: $ 93.000 /-; :.'^ Modifications to this Bond: [x)None [ )See Page 6 lr • ,r CONTRACTOR AS PRINCIPAL COMPANY: SURETY COMPANY: Glassman Corporation Hudson Insurance Company • 1 - (Corporate Seal) (Corporate Seal) . _ _ T , _ 7. G Signature: �� - '^ — y- Name and T e. i Signature: -.L"-_:: _ Name and I e: Brenda R.Smith Attomey-in-Fact' __ (Any additional signatures appear on page 6) FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE(Architect, AGENT OR BROKER: Engineer or other party): Assurance Partners.LLC 201 E.Iron Salina KS 67402 MA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1954 ED.,AIA® THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.,N.W..WASHINGTON.D.C.20006 AS12-1984 4 THIRD PRINTING-MARCH 1967 1. The Contractor and the Surety,jointly and severally, 6. When the Claimant has satisfied the conditions of bind themselves,their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors,and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract,which is incorpo- the Owner, within 45 days after receipt of the claim, rated herein by reference. stating the amounts that are undisputed and the basis 2. With respect to the Owner,this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly, or indirectly, amounts. for all sums due Claimants, and 7. The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is 8. Amounts owed by the Owner to the Contractor under for the payment for labor, materials,or equipment fur- the Construction Contract shall be used for the perfor- nished for use in the performance of the Construction mance of the Construction Contract and to satisfy claims, Contract, provided the Owner has promptly notified if any, under any Construction Performance Bond. By the Contractor and the Surety(at the address the Contractor furnishing and the Owner accepting this described in Paragraph 12)of any claims, demands, Bond, they agree that all funds earned by the Contractor liens, or suits and tendered defense of such claims, demands,liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and 3. With respect to Claimants, this obligation shall be the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- 9. The Surety shall not be liable to the Owner, Claimants ment, directly or indirectly, for all sums due. or others for obligations of the Contractor that are unrelat- ed to th Construction ra The Oer shall not be 4. The Surety shall have no obligation to Claimants liable for payment of anycotsor expennssees of any Claim- under this Bond until: ant under this Bond, and shall have under this Bond no obli- 4.1 Claimants who are employed by or have a direct gations to make payments to, give notices on behalf of, or contract with the Contractor have given notice to the otherwise have obligations to Claimants under this Bond. Surety(at the address described in Paragraph 12)and 10. The Surety hereby waives notice of any change, sent a copy,or notice thereof, to the Owner, stating including changes of time,to the Construction Contract that a claim is being made under this Bond and,with or to related subcontracts, purchase orders and other substantial accuracy, the amount of the claim. obligations. 4.2 Claimants who do not have a direct contract 11. No suit or action shall be commenced by a Claimant with the Contractor: under this Bond other than in a court of competent juris- .1 Have furnished written notice to the Con- diction in the location in which the work or part of the tractor and sent a copy, or notice thereof, to work is located or after the expiration of one year from the the Owner, within 90 days after having last date(1)on which the Claimant gave the notice required by performed labor or last furnished materials or Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last equipment included in the claim stating,with labor or service was performed by anyone or the last mate- substantial accuracy, the amount of the claim rials or equipment were furnished by anyone under the Con- and the name of the party to whom the struction Contract, whichever of(1)or(2)first occurs. If the materials were furnished or supplied or for provisions of this Paragraph are void or prohibited by law, whom the labor was done or performed;and the minimum period of limitation available to sureties as a .2 Have either received a rejection in whole or defense in the jurisdiction of the suit shall be applicable. in part from the Contractor, or not received 12. Notice to the Surety, the Owner or the Contractor within 30 days of furnishing the above no- shall be mailed or delivered to the address shown on the tice any communication from the Contractor signature page. Actual receipt of notice by Surety, the by which the Contractor has indicated the Owner or the Contractor,however accomplished, shall claim will be paid directly or indirectly;and be sufficient compliance as of the date received at the .3 Not having been paid within the above 30 address shown on the signature page. days, have sent a written notice to the Surety 13. When this Bond has been furnished to comply with a (at the address described in Paragraph 12)and statutory or other legal requirement in the location where sent a copy, or notice thereof, to the Owner, the construction was to be performed, any provision in this stating that a claim is being made under this Bond conflicting with said statutory or legal requirement Bond and enclosing a copy of the previous shall be deemed deleted herefrom and provisions con- written notice furnished to the Contractor. forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. MA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED,MA® A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W,WASHINGTON.D.L. 20006 THIRD PROBING-MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractors subcontractors, and 14. Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15. DEFINITIONS 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and 15.1 Claimant: An individual or entity having a direct changes thereto. contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water,gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL COMPANY: SURETY Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AU DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1980 ED.MAT A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON.D.L. 20006 THIRD PRINTING•MARCH 1987 Bond Number: 100150211 HUDSON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street. New York, New York. 10038. has made, constituted and appointed. and by these presents, does make, constitute and appoint Brenda R. Smith of the State of KS its true and lawful Attorney(s)-in-Fact.at New York,New York.each of them alone to have full power to act without the other or others,to make. execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals.extensions,agreements.waivers.consents or stipulations relating to such bonds or undertakings provided.however,that no single bond or undertaking shall obligate said Company for any portion of the penal sum (hereof in excess of the sum of 55,000.000.00 Such bonds and undertakings when duly executed by said Attomey(s)-in•Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized,on this 31st day of October ,20 13 at New York New York. vats* at HIIDSON INSURANCE COMPANY tills SEACi 1\ a 6 E Q By .t- •.. . . �� (X ttST::. .2.11/C. Dina�askala.l -. .... _. ......................... Corporate Secretary Christopher T.Suarez Executive Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 31st day of October ,20 13 before me personally came Christopher T.Suarez to me known,who being by me duly sworn did depose and say that he is an Executive Vice President of IIUDSON INSURANCE COMPANY, the co ration described herein and which executed the above instrument,that he knows the seal of said Corporation,that the seal atlixed to said instrument is such cor rate seal,that it was so affixed by order of the Board of Directors of said Corporation,and that he 1s name thereto by like order. `xxNxNx Nb\MUPPyyl�i��� ,�{ I (Notarial Seal) �. 6 ._..._..... ^VN � . ._. ... .... Off'"batOF'Y'o• % A. .'>I.N1U H :4?,yo <9 42 • Notary Public, •e of N w York••N _ No.OI MU.I. j53 .zO -* 101kni 7A' *= Qualified in Nassau County • = Commission Expires December 10,2017 • "ALIFIE0� � CERTIFICATION %. 'Slue '.• OF NEW YORK. OF KEW YORK ///F/2111D,RAC xxxx``\ 111111111111N The undersigned Dina Daskala kis hereby certifies: "Mat the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27 ,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates,and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the simature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." - THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. �_ Witness the hand of the undersigned and the seal of said Corporation this day of __ 3A.1 201✓ - k_ ra a: • tom ; .. Dina Daskalak ,Corporate Secretary - —°^.: Fo.. •• 1032010(vI) _ r r^c