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WTP Chlorination Facility Roof Replacement o CONTRACT BETWEEN THE CITY OF SALINA,KANSAS and MERIDIAN ROOFING SOLUTIONS,LLC for CONSTRUCTION OF PUBLIC IMPROVEMENTS This Contract is entered into FPhruary 12 , 20 24 by and between the City of Salina, Kansas,(the"City")and Meridian Roofing Solutions,LLC,a Kansa limited liability company(the"Contractor"). Recitals A. The City desires to contract for the construction of public improvements described as Salina Downtown Water Treatment Chlorination Facility — Roof Replacement (the "Project") in compliance with federal, state, and local regulations. B. The Contractor has the requisite qualifications and experience to construct the Project for the City and desires to perform those services pursuant to the terms of this Contract. The parties,in consideration of the mutualromises set forth in this Contract,agree and covenant: Pi�' 1. Definitions. Except as otherwise provided herein, capitalized words used in this Contract shall have the meanings indicted in the General Clauses. 2. Contract Documents. This Contract, together with the following documents and any Change Orders issued after execution of this Contract,shall comprise the"Contract Documents"for the Project: Mark with"X"if applicable: Request for Bids X Instructions to Bidders Bid Form Performance Bond Statutory Payment Bond Specifications Drawings General Clauses Notice to Proceed(to be issued) Certificate of Completion(to be issued) Other: There are no Contract Documents other than those above listed. 3. Responsibilities and Representations of the Parties. 3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents. 3.2. Representations. In order to induce the City to enter into this Contract,the Contractor represents that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the Contract Documents; (b)visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost,progress and performance of the Work;and(c)become aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Revised 1/2/15 C-1 a 4. Schedule and Completion Times. 4.1. Time is of the Essence. All of the time limits for Milestones, if any, Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract. 4.2. Completion Times. The Work will be substantially completed,and completed and ready for final payment in accordance with the General Clauses, on or before the date(s) or within the time(s) specified in the Contractor's Bid. 4.3. Liquidated Damages. The parties recognize that the City will suffer financial loss if the Work is not completed on or before the date(s) or within the time(s) specified in the Contractor's Bid,plus any extensions thereof allowed in accordance with the General Clauses. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Therefore, for each day that expires after the time specified in the Contractor's Bid for Substantial Completion until the Work is substantially complete as fixed in the certificate of Substantial Completion, and for each day that expires after the time specified in the Bid for completion and readiness for final payment until the Work is completed and ready for final payment as fixed in the certificate of final completion, the Contractor agrees to pay liquidated damages to the City in the amount of$100/day,in accordance with the General Clauses. 5. Payment. The City shall pay the sum or sums due the Contractor, at stated intervals and in the amounts certified by the City Manager, or his designated representative, in accordance with the provisions of the General Clauses and the Contractor's Bid. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Contractor agrees to obtain insurance coverage as specified in the General Clauses, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in the General Clauses. 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. 6.2. Rating.All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent"Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in the General Clauses, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Contract. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Contract, including any and all endorsements affecting the coverage required hereunder. 7. Injury 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 Contract 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. 8. 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)attributable to bodily injury,sickness, disease,death, or injury to, impairment,or destruction of property, including loss of use resulting therefrom,to the extent that such claims,damages,losses,and expenses relate to,arise out of,or are alleged to have resulted from the wrongful acts,errors,mistakes,omissions,or defective work or services of the Contractor,its employees,agents,or any tier of subcontractors in the performance of this Contract. 9. Voluntary Termination. See General Clauses. 10. Default. See General Clauses. Revised 1/2/15 C-2 11. Remedies. See General Clauses. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Contract shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Contract 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. CITY: City of Salina Utilities Department Attn: Martha Tasker 300 W.Ash St.,P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR: Meridian Roofing Solutions,LLC 1275 SW Topeka Blvd. Topeka,KS 66612 14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Contract. The records shall be maintained during the term of this Contract,and for a period of three(3)years from the date of final payment under this Contract(the "Retention Period"); provided, however,that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period,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 Contract. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Contract. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes,subject to the Kansas open records act or other applicable law. 15. 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 Contract 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 Contract,the City shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Contract, 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 Contract 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. 17. Subcontracting. See General Clauses. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state, and local law in the performance of this Contract. Revised 1/2/15 C-3 19. Equal 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 Chapter 13 of the Salina Code and in doing so 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 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; (3) 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 Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended,in whole or in part,by the City; (4) 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 Contractor 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) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) 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 fewer than 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. 20. Administration of Contract. All references in this Contract requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the 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. 22. Rigpt to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Contract reviewed by legal counsel of the Contractor's choice. 23. Applicable Law;Venue. This Contract 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 Contract,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Contract shall be interpreted according to its fair meaning,and not in favor of or against any party. 25. Time. Time is of the essence of this Contract. 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. 26. Severability. The unenforceability, invalidity,or illegality of any provision of this Contract shall not render the other provisions unenforceable,invalid,or illegal. Revised 1/2/15 C-4 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Contract has full and legal authority to bind such party to the terms of this Contract, and that the execution and delivery of this Contract have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Contract 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. 30. Amendments.Neither this Contract 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. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract,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 Contract,but each and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this Contract. There are no intended third party beneficiaries under this Contract, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete,conclusive and final expression of all the conditions of their Contract. 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. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF • I A, : '•SAS MERIDIAN ROOFING SOLUTIONS,LLC diii By: 1 . By: 91------------- 1------ _ 7'r-4 ,_ek May9F- M chael D. Schrage, City Manager it t/ke.. l"arru (name) 1 Co-Owner- (title) Attest: . t- 1..... .ko_..4.1.A. /L /, Nikki G.;'n• City Clerk 4 Form: 2A /A ep .1 ouns, if Revised 1/2/15 C-5 BID FORM TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS Project Name: Salina Downtown Water Treatment Plant Chlorination Facility — Roof Replacement Project:No.: 23036 Commissioners: 1. Proposal to Enter into Contract. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with the City to perform all Work as specified or indicated in the proposed Contract Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the proposed Contract Documents. 2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request by the City. Bidder will sign and deliver the required number of counterparts of the Contract with the bonds and other required documents,within 10 days after the date of the City's notification of award. 3. Bidder's Representations. In submitting this Bid,Bidder represents that: a. Bidder has carefully reviewed the proposed Contract Documents and the following addenda, receipt of which is hereby acknowledged: 1. ADE-A1D�1 r 2. 3. Bidder understands and agrees that in signing this Bid, Bidder waives all right to plead any misunderstanding regarding the Contract Documents or the above- referenced addenda. b. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. Revised 1-2-15 BF-1 c. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the proposed Contract Documents, and the Engineer's written explanation is acceptable to Bidder. 4. Bid Price. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum price(s): 11EM NO. DESCRIPTION UNIT TOTAL 1. TPO Roof System Replacement L.S. $ /0,07100, Cb • Remove and dispose of existing EPDM roofing system (insulation,fiberboard, and EPDM) • Prepare concrete roof for new TPO roofing system • Provide and install new vapor barrier, 1A"per foot tapered insulation—Min"R"value of 20, '/z" gypsum cover board,and 60 Mil TPO membrane • Install flashing • Install two drains • Install walkway protection • Provide and install coping cap with cleat around perimeter • Provide and install all necessary appurtenances • Install all materials per manufacturers specifications • Cleanup construction site • Provide 20 year manufacturer warranty • Provide contractor 2 year warranty ll Total $ /���/V Final payment for the lump sum prices shall be as provided in the Contract Documents. 5. Time of Completion. Bidder agrees that the Work will be substantially completed within c/b days after issuance of a Notice to Proceed, and will be completed and ready for final payment in accordance with the General Clauses within 90 days after issuance of a Notice to Proceed. Bidder accepts the provisions of the Contract as to liquidated damages. Definitions. Terms used in this Bid shall have the meanings assigned to them in the General Clauses included with the proposed Contract Documents. Revised 1-2-15 BF-2 6. Business Designation. Bidder represents that its business designation is as follows (check one): Individual/Sole Proprietorship Partnership Kansas Corporation n Kansas Limited Liability Company Corporation*/ , X Limited Liability Company* Other: n { *Please indicate the state in which entity is organized NAME OF BIDDER: ikker,d,eer. ecc(,,n5 ADDRESS: 1275 SA-1 i QpQhc L? TOP ek.. kJ. E-MAIL ADDRESS: f (c nc.J rner tot cinracL•cop,— BY: ____ . TITLE: Cc- Owner- DATE wnerDATE SUBMITTED: I I - 3 0-Z.3 Revised 1-2-15 BF-3 • City of Salina,Kansas PERFORMANCE BOND "CONTRACTOR"(Name and Address): "SURETY"(Name and Principal Place of Business): Meridian Roofing Solutions,LLC Western National Insurance Group 1275 SW Topeka Blvd. 4700 West 77th Street Topeka,KS 66612 Edina, MN 55435 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 65904 P.O.Box 736 Bond Amount: $102,180.00 Salina,KS 67402-0736 Bond Date*: February 12, 2024 *not earlier than Contract date stated below 1. The Contractor has, on the 12 day of February , 20 24 ,entered into a contract with the City ("Contract"), for the furnishing of all materials and labor and doing all the work of whatever kind necessary to construct certain improvements for the City,which are generally described as follows: Salina Downtown Water Treatment Chlorination Facility—Roof Replacement all in accordance with the detailed plans and specifications for such work on file in the office of the City,and in accordance with the Contract. 2. Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the City for the performance of the Contract, which is incorporated herein by reference. 3. If the Contractor performs and fulfills all of the undertakings, covenants, terms, conditions, and agreements of the Contract, the Surety and the Contractor shall have no further obligation under this Performance Bond. 4. The Surety's obligation under this Performance Bond shall arise after the City has declared a Contractor Default as defined below, formally terminated the Contract or the Contractor's right to complete the Contract, and notified the Surety of the City's claim under this Performance Bond. 5. When the City has satisfied the conditions of Paragraph 4 above,the Surety shall, at the Surety's sole cost and expense,undertake one or more of the following actions: 5.1. Arrange for the Contractor to perform and complete the Contract, provided, however, that the Surety may not proceed with this option, except upon the express written consent of the City,which consent may be withheld by the City for any reason; 5.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; Revised 1-2-15 PB-1 • 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the City for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the City and contractor selected with the City's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the City the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the City resulting from the Contractor Default;or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: i. After investigation,determine the amount for which it may be liable to the City and, as soon as practicable after the amount is determined, tender payment therefore to the City;or ii. Deny liability in whole or in part and notify the City citing reasons therefore. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness,the Surety shall be deemed to be in default on this Performance Bond three(3)business days after receipt of written notice from the City to the Surety demanding that the Surety perform its obligations under this Performance Bond, and the City shall be entitled to enforce any legal or equitable remedies available to the City. If the Surety proceeds as provided in subparagraph 5.4, and the City refuses the payment tendered or the Surety has denied liability, in whole or in part,the City shall be entitled without further notice to Surety to enforce any legal or equitable remedies available to the City. 7. After the City has terminated the Contract or the Contractor's right to complete the Contract, and if the Surety is proceeding under subparagraph 5.1, 5.2, or 5.3 above, then the responsibilities of the Surety to the City shall not be greater than those of the Contractor under the Contract,and the responsibilities of the City to the Surety shall not be greater than those of the City under the Contract. To the limit of the amount of this Performance Bond,but subject to commitment by the City of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 7.1. The responsibilities of the Contractor for correction of defective or unsuitable work and performance and completion of the Contract, 7.2. Additional legal, design professional, and delay costs incurred by the City as a result of the Contractor's Default, and as a result of the Surety's actions or failures to act under Paragraph 5 above; 7.3. Liquidated damages as specified in the Contract, or,if no liquidated damages are specified in the Contract, actual damages incurred by the City as a result of delayed performance or non-performance of the Contract by the Contractor or the Surety; and 7.4. Payment of all unpaid and due and owing fees or payments owed to the City under the Contract at the time of the Contractor Default. Revised 1-2-15 PB-2 8. To the extent of payment to the Surety of the Balance of the Contract Price, the Surety shall defend, indemnify, and hold harmless the City from all claims, suits,causes of actions, and demands (including all costs of litigation and reasonable attorneys' fees), which are brought against the City by the Contractor or any other party and which arise from or by reason of payment to the Surety the Balance of the Contract Price. 9. The Surety hereby waives notice of any change or modification to the Contract, including changes of time,or changes to related subcontracts,purchase orders, and other obligations. 10. Any proceeding, suit,or claim, legal or equitable, under this Performance Bond shall be instituted in the Saline County, Kansas District Court and shall be instituted within two years of the date on which the Surety refuses or fails to perform its obligations under this Performance Bond, in accordance with Paragraph 5 above. 11. All notices to the Surety or the Contractor shall be mailed or delivered to the respective addresses shown on the first page.In the event of a change in the address of the Surety or the Contractor, such party shall promptly provide notice to the City and the other party, with such notice to include a reference to the Contract and this Performance Bond. 12. This Performance Bond and its validity, construction, and performance shall be governed by the laws of Kansas. 13. Definitions. As used herein,the following terms shall have the following definitions: 13.1. `Balance of the Contract Price" shall mean the total amount payable by the City to the Contractor under the Contract after all proper adjustments have been made, including change orders and credits due the City, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract and reduced further by all direct costs and expenses incurred by the City as a result of the Contractor Default, including costs of additional supervision or inspection by the City of the Contractor's work under the Contract and fees and expenses paid to consultants or others hired by the City for purposes of monitoring or investigating the Contractor's work under the Contract. 13.2. "Contract" shall mean the agreement between the City and the Contractor identified in Paragraph 1 above, including all related contract documents and changes thereto. 13.3. "Contractor Default" shall mean the failure of the Contractor to perform or otherwise comply with the terms of the Contract. {Signature Page Follows} Revised 1-2-15 PB-3 IN TESTIMONY WHEREOF,the Contractor has hereunto set its hand,and the Surety has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed,by its attorney-in-fact duly authorized to do so,as of this,'1 12 day of February ,20 24 . CONTRACTOR AS PRINCIPAL SURETY By: ` Western National Insurance Group Signature Surety's Name and Corporate Seal /7/ `�0/7 /VV 17 Print Name By: '� f Title Signature (• .ch Power of Attorney) Derek Rowe Print Name Attorney-in-Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-15 PB-4 WESTERN NATIONAL nor n•laeon,hip n.mleuur POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Western National Mutual Insurance Company,a Minnesota mutual insurance company,does make,constitute, and appoint: Michael Lesser,Lisa M.Parkhurst,Kim Deever,Greg Fankhauser,Derek Rowe (Peoples Insurance Group-#9620) Its true and lawful Alto rney(s)-in..Facl,with full power and authority for arid oil behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto(if a seal is required)bond, undertakings recognizances or other written obligations in the nature thereof, guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits. inazarclons vvastt' owe T atien i)oe is or black lung bonds; as follows: All written instruments in an amount not to exceed an aggregate of Five Million Dollars ($5,000,000) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president,any vice president or assistant vice president, and attested and sealed(if a seal be required)by any secretary or assistant secretary; or (ii) when signed by the president,any vice president or assistant vice president, secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 affixed. IN WITNESS WHEREOF,Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December,2020. 4(.11/4, r Jon R. Hebeisen, Secretary Larry A. Byers, Sr.Vice President STATE OF MINNESOTA,COUNTY OF HENNEPIN On this 16th day of December, 2020, personally came before me,Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same,and being by me duly sworn, did severally dispose and say;that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. "`£ JFNN'IF ERA' YOUNG t' NOTARY PUBLIC { MINNFSI�TA eft _ } My Commission txpires 0 (31;2026 Jennifer A.Young, Notary Public My commission expires January 31,2026 CERTIFICATE I,the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Edina, MN this 12 day of February , 2024 Jennifer A. Young,Assist f Secretary City of Salina,Kansas 'STATUTORY YAYIYIENT BOND (Pursuant to K.S.A.§604111) "CONTRACTOR"(Name and Address): "SURETY"(Name and.Principal Place of Business): Meridian Roofing Solutions,LLC Western National Insurance Group 1275 SW Topeka Blvd. 4700 West 77th Street Topeka,KS 66612 Edina, MN 55435 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 65904 P.O.Box 736 Bond Amount: $102,180.00 Salina,KS 67402-0736 Bond Date*: February 12, 2024 *not earlier than Contract date stated below KNOW ALL BY THESE PRESENTS: THAT the Contractor and the Surety are held and firmly bound unto the State of Kansas in the amount of this Payment Bond,for the payment of which sum,well and truly to be made, said Contractor and Surety bind themselves, their heirs, administrators, executors, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WI IEREA[i, the Conl:raetor hits, on tilt) 12 day of February , 2024 entered into a contract with the City ("Contract"), for the furnishing of all materials and labor and doing all the work of whatever kind necessary to construct certain improvements for the City,which are generally described as: Salina Downtown Water Treatment Chlorination 1Racility—Roof Replacement all in accordance with the detailed plans and specifications for such work on file in the office of the City, and in accordance with the Contract, a copy of which is by reference made a part hereof. NOW, THEREFORE, if the Contractor, or the subcontractor or subcontractors of the Contractor, shall pay all indebtedness incurred for labor furnished, materials, equipment or supplies,used or consumed in connection with, or in or about the construction or making of,the above described improvements,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. Revised 1-2-15 SD-1. PROVIDED FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying the same,shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract,or to the work,or to the specifications. PROVIDED FURTHER,the said Surety agrees that any person to whom there is due any sum for labor or materials furnished, as hereinbefore stated,or said person's assigns, may bring an action on this bond for the recovery of the indebtedness; PROVIDED, that no action shall be brouglit on the bond after six(6)months from the completion of said public improvements. IN TESTIMONY WHEREOF,the Contractor has hereunto set its hand,and the Surety has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized to do so, as of this 12 day of February ,20 24 • CONTRACTOR AS PRINCIPAL SURETY Western National Insurance Group By: Signature yJ� Surety's Name and Corporate Seal -117 Print Name CO' 00,7-v By: 1. Signature(Attach Power of Attorney) Michael Lesser Print Name Attorney-in-Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) Itevised 1--2.-I_ ;I1 WESTERN NATIONAL I,.,.criciluniNhip111011MIIIII POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company,does make,constitute,and appoint: Michael Lesser,Lisa M.Parkhurst,Kim Deever,Greg Fankhauser,Derek Rowe (Peoples Insurance Group..#9620) Its 1rutr and lawfiil/Won ury(:) in-Fad,with frill rower ii atathorily for and on behalf of tho Company: i:ureiy,to ex,,r:IIto:n,d deliver and affix ow seal of the Company thereto(if a seal is required)bond, undertakings recognizances or other written obligations in the nature thereof, hail bonds batik depository bonds nn>rtglfgr- ,leLcu•nr.y bonds mortgage rtgage guaranty frond'-, ( r:.e.,,,itr'.. guaranty bonds sill nikmance WO' -.nlpeu•,:Itlou bond., gum—anti—wing l)ayrnel't ,11 benefit ,;.f;, . black Iunil bonds; as follows: All written instruments in an amount not to exceed an aggregate of Five Million Dollars ($5,000,000) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and Lurrhnne:d. Iili:- appuhllnn:nl Is nlad0 un,a,:I and by autiIonily of thio ln,ard of ,Lroct,n;i at 0 InOetuly held oil Septetnbet zt1, zUlU Ihis Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president,any vice president or assistant vice president, and attested and sealed(if a seal be required)by any secretary or assistant secretary; or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 affixed. IN WITNESS WHEREOF,Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December, 2020. .4 . ),6,,, cA--C..-- _ 'Sine .,. .? ,i/ 42-.--o_ yl---).-- Jon R. Hebeisen, Secretary Larry A. Byers, Sr.Vice President STATE OF MINNESOTA,COUNTY OF HENNEPIN On this 16th day of December, 2020, personally came before me,Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally dispose arid say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. — 9.444,74.4...4/ I'I' .IF NNII li::{t A U YONG ryf NOTARY'-;OT IC; My A Going rsrx,r xp,ret,0i/310o:re Jennifer A. Young, Notary Public My commission expires January 31,2026 CERTIFICATE I,the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. Signed and sealed at the City of Edina, MN this 12 day of February...2024 _ Jennifer A. Young,AssisfanTSeeriTary ____......."`1 MERIDIR001 DROWE .4�RO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDVYYY) 2/7/2024 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 have ADDITIONAL INSURED provisions or 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 Derek Rowe World Insurance Associates,LLC OAX 1415 SW Topeka Blvd (APH/c,NoNE FAX Ext):(785)271-8097 I(A/c,No): Topeka,KS 66612E-MAIL dreo le DDRESS: owe @P p sinsure.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:EMCASCO Insurance Company 21407 INSURED INSURER B:Employers Mutual Casualty Company 21415 Meridian Roofing Solutions,LLC INSURERC:Midwest Builders'Casualty Mutual Company 13126 Meridian Roofing Solutions of Nebraska,LLC 1275 SW Topeka Blvd INSURER D: Topeka,KS 66606 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER IMMIDD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE X OCCUR X X 6D61075 12/1/2023 12/1/2024 PPREMISESO(ERENTED aoccurrence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _$ 2'000'000 POLICY X JEIa LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER B $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO _ X X 6E61075 12/1/2023 12/1/2024 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-QWWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 6J61075 12/1/2023 12/1/2024 AGGREGATE $ 5'000'000 DED X RETENTIONS 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC200-0001656-2024A 1/1/2024 1/1/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Equipment Floater 6C61075 12/1/2023 12/1/2024 Limit 450,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Salina Downtown Water Treatment Chlorination Facility-Roof Replacement Project No.23036 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 300 W.Ash St. PO Box 736 Salina,KS 67402 AUTHORIZED REPRESENTATIVE I �� �u� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD