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Contract CONTRACT BETWEEN THE CITY OF SALINA,KANSAS and PARKWAY ELECTRIC&COMMUNICATIONS,LLC for BICENTENNIAL CENTER ARENA SOUND SYSTEM IMPROVEMENTS This Contract is entered into August, 2013 by and between the City of Salina, Kansas, (the "City") and Parkway Electric&Communications,LLC,a Michigan limited liability company(the"Contractor"). Recitals A. The City desires to contract for the purchase and installation of an arena sound system at the Salina Bicentennial Center(the"Project"),in compliance with federal,state,and local regulations. B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Contract. The parties,in consideration of the mutual promises set forth in this Contract,agree and covenant: 1. Definitions. Capitalized words used in this Contract shall have the following meanings: "Contract" means this Contract for Bicentennial Center Arena Sound System Improvements, as amended and supplemented from time to time. • "City"means the City of Salina,Kansas. "Contract Documents"means the items so designated in this Contract. "Contractor" means Parkway Electric & Communications, LLC, a Michigan limited liability company, and its successors. "Proposal"means the written offer and proposal of the Contractor, in response to the City's Request for Proposals, to perform the contemplated Work in accordance with the Contract Documents and setting forth the prices for the Work to be performed. "Request for Proposals"means the City's solicitation of sealed proposals for the design,purchase,and installation of a new arena sound system at the Salina Bicentennial Center. "Work" means the furnishing of all labor, materials, equipment, services, and other incidentals necessary or convenient to the successful completion of the project required to be provided under the Contract Documents, and the carrying out of all the duties and obligations imposed by the Contract Documents. 2. Exhibits:Contract Documents. 2.1 The following Exhibits are attached to and made a part of this Contract(Mark with"X"if applicable): Exhibit A: Responsibilities of the Parties Exhibit B:Term;Schedule Exhibit C: Basis of Payment El Exhibit D: Insurance Requirements Contractor Services(2013-03-18) 2.2 The Contract, together with the following documents and any change orders issued after the execution of this Contract,shall comprise the"Contract Documents"for the Project: Mark with"X"if applicable: Request for Proposals Proposal Performance Bond Payment Bond Notice to Proceed(to be issued) Certificate of Completion(to be issued) Other: 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Contract. Due to the critical need for a sound system in the Salina Bicentennial Center after October II,2013,the Contractor agrees to provide,at its sole cost and expense,a portable sound system for the City's use in the facility use during any period that the proposed sound system is not installed and fully functioning after the agreed completion deadline. Nothing herein shall be deemed a waiver of the City's right to insist upon the timely performance of this Contract. 5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Contract as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Contractor agrees to obtain insurance coverage as specified in Exhibit D attached hereto, 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 Exhibit D. 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 licensed in the State of Kansas. Except as otherwise specified in Exhibit D 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 2 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. Intentionally deleted. • 10. Default. If either party fails to comply with any term of this Contract within 10 days after written notice to comply has been mailed by the non-defaulting party to the defaulting party,such failure shall be deemed an immediate breach of this Contract("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Contract or by law: 11-1 Termination. The non-defaulting party shall have the right to terminate this Contract or terminate the defaulting party's rights under this Contract. 11.2 Other Remedies.The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Contract,to enforce or preserve any other rights or interests of the non-defaulting party under this Contract or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 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 Clerk Attn:Dion Louthan,Director of Parks and Recreation P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR: Parkway Electric&Communication,LLC 11952 James Street Holland,MI 49424 14. Retention and Inspection of Records.The Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract.All such records shall be clearly identifiable.The Contractor shall allow a representative of the City during normal business hours to examine,audit,and make transcripts or copies of such records and any other documents created pursuant to, or arising under,this Contract. The Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 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 3 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. Contractor shall not subcontract any work or services under this Contract without the City's prior written consent. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal,state,and local law in the performance of this Contract. 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 I 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,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. 4 1 22. Right 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. 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 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. 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF SALINA,KANSAS (�� By: Al W k Barbara V.Shirldy,Mayor b Attest: ' •%s(.is—1L Else��,C,Ci 1 Jerk // Form: egal ounsel Parkway Electric&Communication,LLC By: le . . �l . •• (title) (title) 6 EXHIBIT A RESPONSIBILITIES OF THE PARTIES As set forth in the accepted Proposal, and in accordance with the provisions of the Contract Documents, the Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to complete the Work and related services in a good, substantial and workmanlike manner. i 1 1 A-1 EXHIBIT B TERM; SCHEDULE • The Work will be completed and ready for final payment, in accordance with the Contract Documents, on or before October 11, 2013, and pursuant to the schedule set forth in the Contractor's Proposal. B-1 EXHIBIT C BASIS OF PAYMENT A. Compensation. The City shall compensate the Contractor on a lump-sum basis, in the amount of $246,067.40, payable in three (3) unequal installments, and based upon the Contractor's satisfactory completion of each of the three milestones set forth below. The City shall not be obligated to reimburse or compensate the Contractor for any costs or fees incurred in excess of the total lump-sum amount specified above. The three installment payments shall be payable in accordance with the following schedule: Milestone Description %of Lump Sum Due #1 Delivery of all equipment to the Salina 50% Bicentennial Center #2 Installation of all equipment in the Salina 35% Bicentennial Center #3 System certification by L-ACOUSTICS 15% B. Requests for Payment. At the conclusion of each milestone, the Contractor shall submit to the City a request for payment, accompanied by such reasonable documentation as the City may require. All such requests will be due and payable within 30 days of receipt by the City. C-1 EXHIBIT D INSURANCE REQUIREMENTS L. Pursuant to Section 6 of the Contract,the Contractor shall obtain,pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Contract,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name as an additional insured the City of Salina ("City"), its agents,representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to,the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Contract, the Contractor must maintain the coverage for a minimum of two (2)years from the date of final completion of all work under the Contract. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Consultant shall maintain professional liability insurance covering against claims for damage arising from the work performed by the Consultant as specified in this contract. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $1,000,000 B. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Contract. D-I C. Commercial Excess/Umbrella Liability with the following minimum limits: • $1,000,000 each claim • $1,000,000 policy limit • Written on a follow form basis and be excess over underlying Employer's Liability, Auto Liability and General Liability policies. • Follow the form of the primary insurance and no less restrictive than underlying coverage forms • Maximum$25,000 retention/self insured hazards each occurrence D. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • • Combined single limit $1,000,000 E. Workers' Compensation/Emoloyer's Liability. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation(Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee F. Builders Risk/Installation Floater. Property insurance including expense for the full repair and replacement, upon the work site, at temporary locations and in transit in the amount of the full insurable value of property being installed, transported, and handled. Such coverage shall be written on an All Risk or Special cause of loss form and the perils of water damage (excluding flood)and earthquake. With limits of insurance not less than: • Property/Builders Risk Contract Cost • Transit and temporary locations 20% of contract cost • Engineer,architect or other professional fees 10%of contract cost • Include insurance for Boiler/Machinery Break down insurance for testing and start up operations on a broad form basis. • Allow for partial utilization of the Work by the City. • Include a provision that any loss will be adjusted with the City and made payable to the City as a fiduciary for the insured's as their interest may apply. D-2 3. Other Required Insurance Coverage where Exposure Exists. A. Crane Service Liability. Should Contractors' work include providing crane services, then Commercial General Liability shall be amended to apply with minimum limits of liability to insure against bodily injury and property damage arising from such crane operations. The policy shall include coverage for Rigger's Liability and shall not exclude coverage for damage to property being lifted. • Each occurrence Bodily Injury and Property Damage $5,000,000 • Personal Injury $5,000,000 • Aggregate for Products - Completed operations $5,000,000 • General aggregate $5,000,000 Subcontractor's coverage for Crane Services may be provided either by their own policy(ies), or by the policy(ies)of a lower tier contractor providing such Crane Services for Subcontractor. The policy shall include a per project general aggregate. Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies shown above, regardless of whether or not such retention or deductible expense results from negligent acts of sub contractor or other causes. D-3 1 i I D-4 ® `'`ORO CERTIFICATE OF LIABILITY INSURANCE 8/13/20 ' PRODUCER (616)942-5070 FAX: (616)942-8199 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Wyk Risk 6 Financial Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2237 Wealthy Street SE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Grand Rapids MI 49506 INSURERS AFFORDING COVERAGE NAIC# INSURED PARKWAY ELECTRIC & COMMUNICATIONS,LLC. , INSURER A:FRANKENMUTH INSURANCE COMPANY 13986 JAMES STREET DEVELOPMENT,LLC. ,WESTSHORE INSURER B:SECURA INSURANCE COMPANY 22543 INDUSTRIAL TESTING INSURER C: 1503 1ST AVE. INSURER D: GREELY 1 CO 80631 INSURER E: COVERAGES 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 OFSUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'IJ POLICY EFFECTIVE POLICY EXPIRATION LTR INSRGG TYPE OF INSURANCE POUCY NUMBER DATE IMM/DD/YYYY1 DATE(MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300 A CLAIMS MADE X OCCUR CPP3045914 9/30/2012 9/30/2013 MED EXP(Any one Parson) $ 5 000 _I PERSONAL$ADV INJURY $ 1,000,000 _I GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 4L —1 POLICY g 4L LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 A ALL OWNED AUTOS BA 3045914 9/30/2012 9/30/2013 BODILY INJURY $ SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGEUABILITY AUTO ONLY-EA ACCIDENT $ _ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 X I OCCUR J CLAIMS MADE AGGREGATE $ 10,000,000 $ . A DEDUCTIBLE CPP3045914 9/30/2012 9/30/2013 $ X RETENTION $ 10,000 $ B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN nORYLIMITB ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) 20–WC-003172602-3 9/30/2012 9/30/2013 E.L.DISEASE-EA EMPLOYE I$ 500 000 0 ECLAL cdbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A OTHERATITO PHYSICAL DAMAGE BA 3045914 9/30/2012 9/30/2013 $1,000 DEDUCTIBLE COMPREHENSIVE AND HIRED AUTO $1,000 DEDUCTIBLE COLLISION PHYSICAL DAMAGE 575 ODD RAPT T TMTT ACV VALUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CITY OF SALINA, ITS AGENTS, REPRESENTATIVES, OFFICERS, OFFICIALS, AND EMPLOYEES ARE ADDITIONAL INSUREDS ON THE GENERAL LAIIBLITY AND AUTO LIABILITY POLICIES. COVERAGE IS PRIMARY AND NON–CONTRIBUTORY. WAIVER OF SUBROGATION IS INCLUDED ON THE GENERAL LIABILITY, AUTO LIABILITY, AND WORKERS' COMPENSATION POLICIES. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF SALIVA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 300 W. ASH STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR SALINA, KS 67401 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • Richard Eitman/RICK `1 `'O 4 . I ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. f• INS025(200901).01 The ACORD name and logo are registered marks of ACORD 1 - dt 035 Sli'7li3 A`� CERTIFICATE OF LIABILITY INSURANCE 8/1320 3Y'■ PRODUCER (616) 942-5070 FAX: (616) 942-8199 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Wyk Risk & Financial Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2237 Wealthy Street SE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Grand Rapids MI 49506 INSURERS AFFORDING COVERAGE NAIC# INSURED PARKWAY ELECTRIC & COMMUNICATIONS,LLC. , INSURER A FRANKENMUTH INSURANCE COMPANY 13986 JAMES STREET DEVELOPMENT,LLC. ,WESTSHORE INSURER B:SECURA INSURANCE COMPANY 22543 INDUSTRIAL TESTING INSURER C: 1503 1ST AVE. INSURER D: GREELY i CO 80631 INSURER E: COVERAGES 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 OfSUCH , POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYYYI DATE IMM/DD/YYYTI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE 10 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 A CLAIMS MADE X OCCUR CPP3045914 9/30/2012 9/30/2013 MED EXP(Any one person) $ 5,000 _PERSONAL 8ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 H l 7 POLICY 78-1: I LOC ' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) A ALL OWNED AUTOS BA 3045914 9/30/2012 9/30/2013 BODILY INJURY (Per person) $ SCHEDULED AUTOS _ X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 10,000,000 $ A I DEDUCTIBLE CPP3045914 9/30/2012 9/30/2013 .$ X RETENTION $ 10,000 . $ B WORKERS COMPENSATION X WC STATU- 0TH AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ - 500,000 OFFICER/MEMBER EXCLUDED, N (Mandatory in NH) 20-WC-003172602-3 9/30/2012 9/30/2013 EL.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A OTHER AUTO PHYSICAL DAMAGE BA 3045914 9/30/2012 9/30/2013 $1,000 DEDUCTIBLE COMPREHENSIVE AND HIRED AUTO $1,000 DEDUCTIBLE COLLISION • PHYSICAL DAMAGE c75 non BAPD ITMTT ACV VALUATION ' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CITY OF SALINA, ITS AGENTS, REPRESENTATIVES, OFFICERS, OFFICIALS, AND EMPLOYEES ARE ADDITIONAL INSUREDS ON THE GENERAL LAIIBLITY AND AUTO LIABILITY POLICIES. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY. WAIVER OF SUBROGATION IS INCLUDED ON THE GENERAL LIABILITY, AUTO LIABILITY, AND WORKERS' COMPENSATION POLICIES. , CERTIFICATE HOLDER _CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION • DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY OF SALINA IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 300 W. ASH STREET SALINA, KS 67401 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Richard Eitraan/RICK `T e 0 4 . ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200901).01 The ACORD name and logo are registered marks of ACORD • '4COR EY DATE(MWDDNYYY) EVIDENCE OF PROPERTY INSURANCE 8/19/2013 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY PHONE COMPANY (AI ,No,Ext): (616)942-5070 Van Wyk Risk & Financial Management Frankenmuth Mutual Insurance 2237 Wealthy Street SE. One Mutual Avenue Grand Rapids MI 49506 Frankenmuth MI 48787-0001 rifCC,No):(616)942-819 Mass:RICKE @vanwykcorp.com CODE: 21-468 SUB CODE: CUSTOMER ID#: 00003907 INSURED LOAN NUMBER POLICY NUMBER PARKWAY ELECTRIC & COMMUNICATIONS,LLC. AND CPP3045914 ASCOM-HG,LLC. , ETAL EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 11952 JAMES STREET 9/30/2012 9/30/2013 TERMINATED IF CHECKED HOLLAND MI 49424 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION PROPERTY/INSTALLATION FLOATER 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 OR ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE INSTALLATION FLOATER $2,000,000 $1,000 INLAND MARINE FORM (INCLUDING THEFT) REMARKS(Including Special Conditions) I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST (785)309-5711 MORTGAGEE _ ADDITIONAL INSURED CITY OF SALINA LOSS PAYEE X Certificate holder ATT: NANCY SCHUESSLER LOAN# 300 W. ASH, ROOM 202 PO BOX 736 AUTHORIZED REPRESENTATIVE SALINA, KS 67402-0736 Max Van Wyk/RICK ACORD 27(2006/07) 0 ACORD CORPORATION 1993.2006.All rights reserved. INS027(2DDDD7Ia The ACORD name and logo are registered marks of ACORD • Cvt n)5 8114 113 t City of Salina, Kansas PERFORMANCE BOND "CONTRACTOR" (Name and Address): "SURETY" (Name and Principal Place of Business): Parkway Electric&Communications I LC Liberty Mutual Insurance Company 11952 James Street 175 Berkeley Street Holland, MI 49424 Boston, MA 02116 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 013125592 P.O. Box 736 - • Bond Amount: $246,067.40 Salina, KS 67402-0' 74020736 Bond Date*: A✓ ,mot} 72, 'Lola *not earlier than contract date stated below •1. The Contractor has, on the up day of August .jbi3 , 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: • Bicentennial Center Arena Sound System Improvements (briefly describe project) 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; or 5.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; 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 therefor to the City; or ii. Deny liability in whole or in part and notify the City citing reasons therefor. 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. 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} ' I • • • 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 15th day of August , 20 13 . CONTRACTOR AS PRINCIPAL SURETY Parkway Electric&Communications, LLC By: _ 11 • Liberty Mutual Insurance Company Sign!ure I • Surety's Name and Corporate Seal nniCe:r fOrc.bme � er Print Name Quok o\ 1 err By: Title A /iAnk, Signal re (Attach Power of Attorney) Julie Denman . • Print Name Attorney-in-Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) • a City of Salina,Kansas STATUTORY BOND (Pursuant to K.S.A. § 60-1111) "CONTRACTOR" ame and Address): "SURETY" (N ) (Name and Principal Place of Business): Parkway Flpctric&Cnmmuniratinns I LC Liberty Mutual Insurance Company 11952 James Street 175 Berkeley Street Holland, MI 49424 Boston, MA 02116 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 013125592 P.O. Box 736 Bond Amount: $246,067.40 Salina, KS 67402-0736 Bond Date*:AU U 2-to 24)1 *not earlier than ontract 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: WHEREAS, the Contractor has, on the nIA day of AU1U&1 , ,2013, 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: Bicentennial Center Arena Sound System Improvements 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. 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. 1 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 brought on the bond after six (6)months from the completion of said public improvements. 1 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 15th day of August , 20 13 . CONTRACTOR AS PRINCIPAL SURETY Parkway Electric&Communications, LLC By: . . _ t Liberty Mutual Insurance Company Sig 4.ture (( (� Surety's Name and Corporate Seal Print Name Cu.•. n11r_r By: S A . . .1 1 "inn . ./ )_ Title Signat I e (Attach Power of Attorney) Julie Denman Print Name Attorney-in-Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) 1 1 - _• THIS POWEit Op ATTORNEY IS NOT VALID.UNLESS IT IS PRINTED ON RED BACKGROUND: - - ,' . This Power Of Atte:Only linitathe ails of those named herein,and they have no authority tObInd the Company except in the manner to the extent herein stated. , ,• .._ . _ . . - - - - • - - - Certifioate Ne. 5547266 1 _ , . . . .- - • - " - - - .- • -American Fire and CasUaltiComkany• • .,1•i" , Liberty Mutual InsuranCe atinpaily -•- • • - - - -: - f . l. :7.7 7-:, IC-- - -rhibhiciCliilti insurance Coitipany • !i.-- Oeerless-lristiandi conwany- --1: . - -- --- - -. - • --:-•1 j:-. T 2 '-'::::- :: "---- : - : • •VestAineriCan lhaurence company --:'.--- - ".-:•.:•:-: - -:::-z = ---:,-:cr E •-••F:":-----::- •:- •--: - • ---...- -• r •=" . --=, :..-±--,:::: .- •-• L.:- =-:-2- = ",.: : :--;rc---•--::- :-,--i-*--" .: - - - . - = - L :"_• _'" I!" .:. - --z-: - -: . .: . .i _ r" 1;:-2.-- -_ ... _-:-,- =-•--: :- - •- -." -"2 - r ----= 7 E -- • ' -•:c• - •.-.• - •• •-: --'POVV-Elk OF AtteiRNEY-; •- :::-f-s Issz -.;:s-: s's - --s- ss• = - • cz'— ss si=s-s-s•---ss s ....s- -..ss-s KHOWN ALL PEF1SONS BY THESE PRESENTS :That Arierican-Fire 8 CasialtylCoripinYin-d The Ohio Casualty iniuratice:CompaniareborpOrationsTdOly organizediindeythe label::-- I . the State:of Ohio,that Liberty Mutual insurance Company!a corporation duly organized under the laws ofthe State of Massachusetts,that PeerlesSInsurance Company is a corporation 7.'41'E:7: .duly organixedUnder the 7lawstf:thecState of ilawHarineniii,lannWestAmerice5Insnreace:Cernniniieia inrpOritiof-idUlfoigariiiedundeithe laws Of ihe"State-7Of Indiani(hefeii: =- ;:IL: :66110h:rely Called the,"Codipenies:]),-pUritiatt16 arTelbieltheritifieleirisei faith,doei•heluby:naineTnnifititiniand•UnbeintRrian:tirA':fre;Fininii:.ifillie-lienrnan-r---c •fl.-7 ------7 7- 7 : 7- ----..--..:--7,--- r."'77-V71:7-7&---7:----;-- ":------.:77;:7----":;-:--. :--,:--_-,-:-„1.7,:::2 all of the city-of:brand-Rapids,: -;state-Of?Mr---T-<<",c.-"-.--=elenindiVidu-ally if there blitiallithaiehiliarnad;itithie-antflaigul ettoniei-in:fact t6rnaki,:eicate5eal,-aokedvkledge- 7widdeliCiei,,fiir and on its behalf as surety and aiitsicienddeedy.incl all unneriefends;:benasteceinizanceeindniler:itrely obligations in pursuance of theseireients and be bindingtilontlieCompanieoasithey have been duly signed by the president and attestedbythe secretary of the Companies In their own proper persons .7 ::: :-. - ----J:: - _ 1 ----.7",'--.-77‘r-.: -::::(r-7:1Srr 7.77..4-rr.777.7 - .7--;7. -7 >77'7*=- --: .2. r_ 7_ --IN WITNESS WHEREDF,thisPOwerifAitoniey haatieentungcribed bilanautheriZed officeforafficialdtheboinpanies-eadthecorpotisbals of theCorifpanieTs hava been affixedtheretethia: T.-:. • - . 4thAi-ye( SOienibei,...--.7:,99127 ---2..rhs_21-EIT. ----2----'"m-C-kIT'F-----.. ----:-. .,:: -f;. -.17"3-'7:271-?:,.. 7-_--2,7.2:47-77-2-7-?77 ..7" .. 7: -.7. . r 2- 7, _ . 1 ... . .. gs .,,„ _ . _iv. ■;,,..z.._ .., : .,. . - , Americanfre and Casualty Company: -... -- . _. v ! 0 Untasuri ainnScUera noCem peal:inn;P?..n!..7„..i.-7,5,-.1„....:_,c,... 7.7:::! 0:7-.7 - - 7 "7•i7:7:7'7:17, - 61-.77‘n""*7 n . V 54.7„..°1767,f7), - ui 7c19:01 t 7- r-.t.--777 7 - 7 . :.: • . -- --.- - 7p----1--771 7-- ----7 b 7-----7-‘7.-'--- ---. -7-,-' 7777--C: c,... 4-sE STATE OF WASHINGTON---: r.:as-..- :-...: :-::: T - .1 - it r_7- - .. -z 7 = b?rago:ryy77y-7-Davenpop t,Aaeistant s e6selor-2 c-.:.„._,: - i tOiNtY oF kiNdI= t - . ., ..r.<,...,:e. a, .on this-atb- ,day ef September :-T:1,-72012 before me personally appeared Gregory ADavenporTWipacknowledged himself to the'AseistaniSectary of American Fire and wa 'Casualty Col-heady;Liberty Mutual Casualty C6mPany,BearlesS InSulariaebbnicanyind Welt AnteriCan InaUlanceICOMPany,and that he as such,Itenig 1,,.4.! authorized solo do execute the foregoing instrument for the purposes therein Contained by signing oh behalf of the corporations by himself as dui/authorized-officer: ._.. . :7,- : ...f." iIN WITNESB WHEREOF fhlvOhereurfte glie!ribedninimeandaffbted my notarial seal at Settle Washington on thOdeyandryearfirart abo■/awittlee.7:: . -.---- - ,:.-7f-?'667-7::. -i.,bet. E-:-:-.„- _-:: ,....-2.-7., " -. 7 7; :7 7 6:::::::7;;;?T_O.:.: J77 .;i: ,7 .: No:Riley;-No 'public._,.1::--.if..._ -p Lit, E This Power of Attorney is made and eiebateditirlyahttdaid by authority-of the following By-laws and Authorizations of American Firaind Casualty COrnpeny,The Ohio CaSualty.lnsurarci 7 g 1 ic•si Company Liberty Mutual Insurance Company West AmOrkan-InsUrence-Company and Peerless Insurance Company which resolutions in full force and effect as 6116Ws:- #-•' CD 67, ARTICLE IV-OFFICDRS;Section 12 Power of AttOrney:AnYOfficeror other official of the CorParatiOn`authariied for-that purpo-se in iivritingbith-e Chairthan or the Pradeni,and subject ci.c to such limitation as the Chairman or President may prescribe shallappoint such attorneyl-in4act;,as may be necessary to act in behalf of the Corpoiation to make exaaute,Seal,:hill I E „;;.aCknOwleggeiancidelivieree iiiretyitiy-aid etryhooi!ods;bendsrreCognizancesaid other surety obligations Such atioFneys-in-lact;Sled to the limitations set forth in their respective —1 ms.-.0 t it powers attoineci,ehall have 1011-06Wer td bind the Corporation by their signature and execution of anise-Ph instruments and to attach the seal of the Corporation:-When so:--:>. 1 .." L executed,such instruments shelf be as binding as if sighed by the President and atteated to by tneSioretary.Any power dreuthoilygFantedf6aCitiifrneeritetiyeor'atterneckiii-fact Under.-71D g I the provisions of this article may revokecierinylime by the Board,the Chairman the President OFlithe officer or officers granting su-Ch-poWer or authority - 7. - - , T :- i- ARTICLE Execution of Coritrads-;-SECTION SECTIONS Surety Bonds and Undertakings,Any officer of the Company authorized for that in Writiiig by the or the president _...-, • 'a m and subject to such 1iriiitationi as the or the president may prescribe,shall appoint such attorneys-imfaci as may be necessary to act in behalf of the Company.to make;execute, Z c.) seal,acknowledge and deliver as auretianyarid all undertakings bonds recogizences anctother surety obligations:?Stichettorneys-imfact subject to the limitations-set forth in_their (3,••• r -'- respective powers of attorney shall haVeftilfotivercto bind IneToompany,bjtnair.sfOrtatule andegeOlition of any such instrumentaandii-ettaCh tcerete:the seal of the Company When so b I's . executed such instruments shell be es binding as if signed bYiRe.president and attested by the secretary ----:----c ; :-.7 r..;. ..:- -... .--,::::re: .... l- • - -.. - : - :: -. Certificate of Designation t:The Preildentofithe Company,acting to thetylaw§cotthiCoriipani,'authorizes Gregory W.baveniehr-Assigtant:SioMtaii.to appoint such- - - ._...„ „ ...... - attornei-in-factas maYbaecesairito,icion behalf of the Companyto make,execute,seal,acknowledge and deliyerassurety anyand all undertakings,bonds,recognizances and other. : - -: . . . _ . . . - AutherizatiOn-I By unanimous consent of the CompanysDiard of Directors the Company consents facsimile or mechanically signature of any assistant secretary of the - - ... ....... _ Company,wherever appeanng upon acidified coay-.6f-any power of attorney(Slue-di*ate Colnp'any in connection with surety bonds;shall be valid and biding upon the Company with the - same force and effect as though manually iffixed:---'z'7:-7C2-7- -- - . . . , I,David M.Carey;the undersigned,Assistant SecTetary-of American Fire and Casualty COMbany.The Ohio Casualty Insurance Company Liberty Mutual Insurance Company, West . .....,- —, _ .. ... .. American Insurance Company and Peedess insuranne Company do hereby cuff);that-the original power of attorney of which the foregoing is'a full;true and correct copy bf the Poivef of— , -Attorney executed by said Companies; sin full fOrce'and affeCt and has not been revoked.' :7. '', , - -- . . - . 4, it - - IN TESTIMONYWHEREOF,I have hereunto set my hand and'affixed the seals of said Companies this.6/13day of nil IA 4- (20- _ _ - _ / . . . . . . • - _ , . - . .on"-Ns, *11'"sot ' .-.fi-i___'141t."'karc., - -. 'stsumwsk. • 4‘s-t.9.k_le,..a/c, . . Ps . ..k....-- ..--,.-ki. - •$ ifisPos, la `b/ o -'-,tn -‘4/ ' :\\\5i 1-Int * figip6744, W JP" 544 r11 ' ' 7 i .........2 .. , :;.;. sI.., , i Picard,0 i u.,, 1901 z; __ ,-:7- ' -A,HEAL ' ft' Sk. R- e,. 7sp ktAl,4- David M.Carey,Assistant Secretary . ..,___.y 6., yat . . 4t ir GOO IQ /3. lb*.iews-ler AZENE.0 -r4NCE CO',, . ' . POA-AFCC.LMIC,OCIC,PIC 8 WAIL 323 d 500 LMS 12a73_641012 . Notary Acknowledgement of Surety State of Michigan County of Kent } ss: • On August 15, 2013 ,before me,a Notary Public in and for said County and State,residing therein,duly commissioned and sworn,personally appeared Julie Denman known to me to be Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. r My Commission Expires July 6, 2015 .�' r /Lu Christine R. Yancey ,Notary Public • 7- 00441 / PeU AY ELECTRIC&COMMUNICATION, LLC Remittance vice Paee l of l i Check: 55441 Paid by: Parkway_Electric&Communicati Our Account#: Date: 08/16/13 Paid to: Salina County Clerk Vendor Code: 4730 - Amount 36.00 I Inv.Date Invoice No. Job Number Inv.Amount Discount Amount Paid Retention Remarks 08/16/13 STATUTORY BOND 613954 36.00 0.00 36.00 0.00 Check Totals .. 36.00 0.00 36.00 0.00 l , 55441 • I / --—__— ---------- TRUE PAPER TO LIGHT TO VIEW MATSENSITIE RED WAGE USA.sFanswm,HE AT.n.y__. ----------------- .-------w PARKWAY ELECTRIC &COMMUNICATION,LLC i PNC BANK ! 55441 i 11952 JAMES STREET , c.iz-no HOLLAND,MI 49424 E \ - Check Date: 08/16/13 N. Check Number 55441 PAY - ,.._ - \ / ( / a ''THIRTY -SIX AND XX/100 DOLLARS - \ ..36.00 \ o TO THE Salina County Clerk I - ORDER OF ty '� ` -i J 8 of the Distric Court 111'it: 12 P.O. Box 736 W l Salina, KS 67402-0736 ;'®_? ; fiti , 1 AUTHORIZED SIONATU E \ 0 •-, r:® _.. O-_- ..'- ' n'0005544 LH° 1:04 L000 L 244 4 2346 L9 i54i1'