Downtown Traffic Signal Contract
CONTRACT
THIS AGREEMENT, made and entered into this hl J S"/ day of ~,
20.a.b.., by and between the City of Salina, Kansas a municipal corporation, First Party,
hereinafter referred to as the "Owner" and
~a..y 40"
{./~-h-~e. ~~.
J
Second Party, hereinafter referred to as the "Contractor."
WITNESSETH:
ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or
sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in
accordance with the provisions of the "General Clauses," the said Contractor shall furnish
all labor, equipment, accessories and material and shall perform all work necessary to
construct and complete the improvements in a good, substantial and workmanlike manner;
ready for use and in strict accordance with the contract drawings and specifications, as
approved and filed pursuant to law in the office of the legal representative of the Owner.
ARTICLE 2. It is hereby further agreed that in consideration of the faithful
performance of the work by the Contractor, the Owner shall pay the Contractor the sum or
sums due him, by reason of said faithful performance of the work, at stated intervals and in
the amounts certified by the Engineer; in accordance with the provisions of the "General
Clauses," and as set forth in the proposal as accepted by the Owner.
ARTICLE 3. It is hereby further agreed that at the completion of the work and its
acceptance by the Owner, all sums due the Contractor by reason of his faithful completion
of the work; taking into consideration additions to or deductions from the contract price by
reason of alterations or modifications of the original contract, or by reason of "Force
Account" work authorized underthe contract in accordance with provisions of the "General
Clauses;" will be paid the Contractor by the Owner within 30 days after said completion and
acceptance.
ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used
herein as referring to the Contractor shall be deemed to refer to said Contractor whether a
corporation, partnership, or individual; and this contract and all covenants and agreements
thereof shall be binding upon and for the benefit of the heirs, executors, administrators,
successors and assigns of said Contractor.
C-1
ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract"
shall include all contract documents as specifically set out in the "General Clauses," and
thereby made a part of this agreement to the same extent as if set out at length herein.
ARTICLE 6. It is hereby further agreed that the undersigned anticipates that
materials and equipment will be on hand at the site in sufficient quantities to commence
construction on or before January 2. 2007 ; and the completion of the construction,
ready for acceptance will be required June 30. 2007 .
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
~~+()(\ f J€.-clnc-. rile..
BY --4~fk;
?re.s,de.n +
(Office or position of signer)
Seal - if Contractor be a corporation
OWNER, FIRST PARTY
THE CITY OF SALINA, KANSAS
BY ~Q~
MAYOR
Attest: ~~
CITY CLERK
C-2
.,...;. ....
PROPOSAL
TO THE BOARD OF COMMISSIONERS
CITY OF SALINA, KANSAS
Gentlemen:
The undersigned hereby certifies that he 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 construction of improvements to the DOWNTOWN TRAFFIC SIGNALS
IMPROVEMENT, PROJECT NO. 05-1547 in the City of Salina, Kansas. He further certifies that he is familiar
with the type of construction work involved throughout the scope of the project and understands that, in
signing this proposal, he 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 construction in a thorough, workmanlike and satisfactory manner in accordance with
the specifications and contract documents for the following prices:
Item Unit
No. Description Quantity Unit Price Total
1. REMOVAL OF EXISTING CURB & GUTTER 690 L.F. $ SIt) $ i5/Y',tl6
2. REMOVAL OF EXISTING SIDEWALK &
PAVERS 7,600 S.F. $ /..fo/ $ /;). :J 3t.1SO
. ,
3. REMOVAL OF EXISTING STRUCTURES 1 L.S. $11./3(j,~6$ /3,/./lJ ~t
" , .
4. TYPE 10 (SP) CURB GRATE INLET 4 EA. $ 10 , '1 hi. () 7 $ Js: ()Ljl/..::l ~
"', ""
5. TYPE 12 (SP) CURB GRATE INLET 1 EA. $ '7; J~3vq() $ 7,;;) ;)3 _yo
6. 2'-6" STANDARD CONCRETE CURB & ,
GUTTER 690 L.F. $ /4.. C) '7 $ 16. (') C;' ~ ::3 d
J
7. REINSTALL BRICK PAVERS 687 S.F. $ 'I; tl 7 $ ~>r57.(')9
8. 4" CONCRETE SIDEWALK 4,552 S.F. $ 3~75 $ /'~ 'D 71'). II ~
9. TYPE III SIDEWALK RAMP 2,177 S.F. $ /6.o.;} $ r~ I; >? I;;' S'~
10. TRAFFIC SIGNAL INSTALLATION (7TH/IRON) 1 EA. $ / [; &j 'IfJL()~ /68', 1 t) /. tJ 0
11. TRAFFIC SIGNAL INSTALLATION (5TH/IRON) 1 EA. $ 16&, L/~/'/l(J$ /6fl,9tJj, blJ
12. TRAFFIC SIGNAL INSTALLATION ,
(SANTA FE/IRON) 1 EA. $ );:}~ ;1.,5n. I'J () $ I d ~:J c:; II t'} u
13. TRAFFIC SIGNAL INSTALLATION
(WALNUT/SANTA FE) 1 EA. $ /O?, JIM. 00 $ /D~ (/111. OtJ
"
14. TRAFFIC CONTROL 1 L.S. $ ~ 7 Lji,. / /) $ 9 74(". /6
"
15. CONSTRUCTION STAKING 1 L.S. $ q; /'1 75 J 6 $ q ;<075,/6
16. MOBILIZATION 1 L.S. $ qCJ, 70 '-I. ;;8$ 9 D, 7 (j ~. e:J f?
,. ,
17. MODIFY BASEMENT (UNITED BUILDING) 1 L.S. $/?5/t..,"J.f$ 17) 5110.3. /
TOTAL $f.cq:J, I D'I;;;J-J{p
,
P-1A
,......... ,.......
2. The undersigned anticipates that materials and equipment will be on hand at the site in sufficient
quantities to commence construction on or before January 2, 2007; and the completion of the
construction ready for acceptance will be June 30,2007.
3. The undersigned acknowledges receipt of the following addenda: I
711
Signed this '$/ day of D~~., ,H.~~~
,2006
BY:
TITLE:
~ c' r!! - -;;;::t /;';: ;() .,L-
P-2A
PERFORMANCE BOND
Bond No. 8205-49-11
KNOW ALL MEN BY THESE PRESENTS, THAT Kay ton Electric, Inc. OF
120 S. Lincoln Street
Holdrege, Nebraska 68949, as principal, and Federal Insurance Company, a corporation,
organized under the laws of the State of
Indiana
, with general office in
Warren, New Jersey 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
Six Hundred Ninety Two Thousand
sum of Forty Two and 26/100**dollars ($ 692,042.26**) lawful moneyofthe 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 finnly by these presents.
Signed, sealed, and delivered this
2nd
day of January
,20~.
THE CONDITION OFTHE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into a written contract with the Owner, CITY OF SALINA, KANSAS,
dated December 21 ,20~, 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
orsuffer 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, orthe specifications accompanying the same shall in anyway affect
its obligations on this bond; and it does hereby waive notice of any such change, extension
oftime, alteration, or addition to the terms of the contract, or the work, orthe specifications.
PB-1
IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said
surety has caused these presents to be executed in its name and its corporate seal to be
hereunto affixed by its duly authorized agent or agents, all as of the day and year first
above written. This document is executed in triplicate.
Kay ton Electric, Inc.
Principal
BY J~o/~
Federal Insurance Company
Surety
BY
Pamela. Prokop
(A certified copy of the agent's power of attorney must be attached hereto.)
PB-2
STATUTORY BOND
Bond No. 8205-49-11
KNOW ALL MEN BY THESE PRESENTS, THAT Kay ton Electric, Inc. of
120 S. Lincoln Street
Holdrege, Nebraska 68949 . I d Federal Insurance Company
, pnnclpa an , a corporation organized
under the laws of the State of Indiana, with general offices inWarren, New Jerse:and authorized
to transact business in the State of Kansas as Surety; are held and firmly bound unto the
Six Hundred Ninety Two Thousand
State of Kansas in the penal sum of Forty Two and 26/100** dollars (~92,042.26** ) lawful
money of the United States; for the payment of which sum, well and truly to be made, said
principal and surety bond themselves, their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
Signed, sealed, and delivered this 2nd
day of
January
,20~.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into written contract with the CITY OF SALINA, KANSAS, dated
December 21 , 20~, for the furnishing of all materials and labor and doing all the work of
whatever kind necessary to construct certain improvements for the Owner; all in accordance
with the detailed plans and specifications for such work on file in the office of the Owner; and
in accordance with said contract, a copy of which is by reference made a part hereof.
NOW THEREFORE, if the said principal, or the subcontractor or subcontractors of said
principal, shall pay all indebtedness incurred for supplies, materials, or labor furnished, used,
or consumed in connection with, or in or about the construction or making of, the above
described improvement; including gasoline, lubricating oils, fuel oils, greases, and similar items
used or consumed directly in furtherance of such improvement; this obligation shall be void;
otherwise, it shall remain in full force and effect.
The said surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or to the work to be
performed thereunder, or the specifications accompanying the same, shall in any way
effect its obligations on this bond; and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract, or to the work, or to the
specifications.
SB-1
IN TESTIMONY WHEREOF, said principal has duly executed these presents, and said
surety has caused these presents to be executed in its name, and its corporate seal is to
be hereunto affIXed, by its duly authorized agent or agents, all as of the day and year first
above written.
Kay ton Electric, Inc.
~cipal . .
BY4 ~-t;::
Federal Insurance Company
Surety
By-G!!1~
Pamela Prokop
(A certified copy of the agent's power of attorney must be attached hereto.)
(Contractor shall tile with the Clerk of the District Court.)
S8-2
~
CHUBB
Chubb
Surety
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
'Attn: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Steven Foster, Pamela Prokop and Larry H. Senkel of
Houston, Texas
each as their true and lawful Attomey- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In WItness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seals on this 19th day of August, 2005
Edward J. Reilly, Assis
STATE OF NEW JER
County of Somerset
On this 19th day of August, 2005 before me, a Notary Public of New Jersey, personally came Edward J. Reilly, to me
known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which
executed the foregoing Power of Attorney, and the said Edward J. Reilly, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of
Attomey are such corporate seals and were thereto affixed by authority of the By- laws of said Companies; and that he signed said Power of Attomey as Assistant Secretary of
said Companies by like authority; and that he is acquainted with John P. Smith, and knows him to be Vice President of said Companies; and that the signature of John P. Smith,
subscribed to said Power of Attomey is in the genuine handwriting of John P. Smith, and was thereto subscribed by authority of said By- laws and in deponent's presence.
ss.
Notarial Seal
KATHERINE KALBACHER
NOTARY PUBUC OF NEW JERSEY
No, 2316685
Commiasir:m ElCpir.. July 8, 2009
~~
---
Notary Public
CERTIFICATION
Extract from the By- laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any
certificate relating thereto appointing Assistant Secretaries or Attomeys- In- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which It is attached.'
I, Edward J. Reilly, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the 'Companies") do hereby certify that
(Q the foregoing extract of the By- laws of the Companies Is true and correct,
(iQ the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(iiQ the foregOing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Warren, NJ this
2nd
day of
January, 2007,
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656
e-mail: surety@chubb.com
Form 15-10- 0225B- U (Ed. 5- 03) CONSENT