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New Outdoor Warning Siren System
CITY OF SALINA, KANSAS AGREEMENT FOR SALE AND PURCHASE OF EQUIPMENT This Agreement for Sale and Purchase of Equipment ("Agreement") is entered into November 21, 2016, by and between the City of Salina. Kansas (the "City") and Federal Signal Corporation, a Delaware corporation(the "Contractor"). Recitals A. The City issued a Request for Proposals requesting proposals for the sale, delivery, and installation of a new outdoor warning siren system and the furnishing of all related equipment, accessories, and services("Deliverables"). B. The Contractor submitted multiple proposals in response to the City's Request for Proposals, and the Contractor's proposal identified as "Bid #1" (the "Proposal") in the amount of $143,538.58 was determined to be the lowest and best responsive and responsible proposal conforming to the City's specifications. The Proposal shall also include the following optional components: I. Solar Power Option-DC (Qty. - 10); AC Power — Mechanical Siren (Qty. - 10) and full installation as included in Appendix C "Optional Items" of Bid #1 for an additional price of $41,718.52 above the Main Bid Price; and 2. Quadraflare Solaris LED lighting—QL64-RR red, (Qty. 10) and full installation to siren units as subsequently requested by the City for an additional price of$15,000 above the Main Bid Price. C. The City desires to contract for the purchase of the Deliverables, in compliance with federal, state, and local regulations. D. The Contractor has the requisite qualifications and experience to furnish the Deliverables needed by the City and desires to furnish the Deliverables pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant: 1. Contract Documents. This Agreement, together with the Request for Proposals, the City's Standard Purchase Terms and Conditions contained therein, and the Contractor's Proposal, including accompanying specification sheets and warranties, shall comprise the "Contract Documents," and the Contract Documents are incorporated herein by reference. In the event any provisions contained in the Contractor's Proposal expressly conflict with any provisions contained in this Agreement or the Request for Proposals, the provisions of this Agreement or the Request for Proposals shall govern to the extent of such conflict. 2. Sale of Deliverables. The Contractor agrees to sell, and the City agrees to buy, the Deliverables specified in the Contract Documents. 3. Term; Schedule. The Contractor agrees to commence performance under this Agreement upon receipt of a Notice to Proceed from the City, or within thirty (30) days after the effective date of this Agreement, whichever occurs first. The Contractor shall deliver the Deliverables and furnish all related materials, labor, equipment, tools, installation, services, permitting, and testing so as to finally complete all work on or before April 1, 2017. 4. Payment. In consideration for the Contractor's furnishing of the Deliverables in accordance with the Contract Documents. the City shall pay to the Contractor the sum of$200.257.10. Notwithstanding anything to the contrary contained in the Contract Documents, the purchase price shall be paid in two (2) equal lump sum amounts of$100.128.55 with one payment due within thirty (30) days of the Contractor's satisfactory delivery of all equipment to the City, and the second payment due within thirty(30)days of the Contractor's final completion of all work required by the Contact Documents. 5. Insurance. 5.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in Exhibit A, 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 Agreement, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit A. 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. 5.2. 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 Exhibit A, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 5.3. 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 Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 6. Bonds. 6.1. The Contractor shall furnish a Performance Bond and a Payment Bond meeting all applicable requirements of state law, written by a surety on bond forms furnished by the City or otherwise deemed satisfactory to the City and complying with the specific requirements of the Contract Documents, including the requirements forth below. 6.2. Bonds shall guarantee the faithful performance of all the covenants, stipulations, and agreements of the Agreement. Bonds shall be signed by an agent resident in the State of Kansas and the date of the bonds shall be the date of execution of the Agreement. 6.3. Each bond shall be in a penal sum which is not less than the contract price set forth in Section 4 above. 6.4. All bonds shall be originals. The Contractor shall require the attorney-in-fact who executes the required Bonds on behalf of the Surety to affix thereto a certified copy of the power-of- attorney. The name, address, and telephone number of a contact person for the bonding company shall be provided. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. 2 Exhibit A Insurance Requirements Pursuant to Section 5 of the Agreement, 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 Agreement, policies of insurance meeting the following requirements: 1) General Requirements a. Additional Insured. With the exception of the workers' compensation policies to be obtained by the Contractor hereunder, all policies shall name 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, with respect to the commercial general liability policy required hereunder, shall be endorsed to 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 Agreement, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. d. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Agreement. 2) Specific Coverage Requirements a. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Vendors 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 Agreement. b. 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 A-1 the Contractor and include automobiles not owned by but used on behalf of the Vendor. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 c. Workers' Compensation/Employer'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 d. Crane Service Liability. If the work includes the provision of crane services, then the Contractor's Commercial General Liability policy shall be amended to apply to insure against bodily injury and property damage arising from the crane operations. The policy shall include coverage for Rigger's Liability and shall not exclude coverage for damage to property being lifted. The policy limits shall not be less than the following: • Each occurrence Bodily Injury and Property Damage $1,000,000 • Personal Injury $1,000,000 • Aggregate for Products - Completed operations $1,000,000 • General aggregate $1,000,000 Subcontractors' coverage for crane services may be provided either by the subcontractor's own policy, or by the policy of a lower tier contractor providing such crane services for the subcontractor. The policy shall include a per project general aggregate. A-2 CITY OF SALINA, KANSAS FEDERAL SIGNAL CORDO' i. _ %1/4 _ • i � Bs': • Kaye J. Tom Ringsrud (name) I`1In✓A National Sales Manager (title) Attest:grafi l 114 'ndi Wicks. CMC. City Clerk Form: 41 cr.cSAL CoQA%. :ICo' 1 :'• ...., O• P �I :if/ Incorporated w:Under the lawsafthe; Z fl� State of II11" 0ELA' S 3 ,4 O® CERTIFICATE OF LIABILITY INSURANCE DATE(M�1M/DDA' Y) 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). c PRODUCER CONTACT L Aon Risk Services Central, Inc. -' Chicago IL office PHONENO.No. (866) 283-7122 NoF (800) 363-0105 9`G 200 East Randolph 8-MM,. O Chicago IL 60601 USA ADDRESS: r INSURER(S)AFFORDING COVERAGE NALCO INSURED INSURER A National Union Fire Ins Co of Pittsburgh 19445 Federal Signal Corporation INSURER B: New Hampshire Ins Co 23841 2645 Federal Signal Drive University Park it 60466 USA INSURER C: The Insurance Co of the state of PA 19429 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570064599445 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. Limtts shown are as requested LVSR ADDL SUBRi POLICY EFF POLICY EXP LTR TYPE OF INSURANCE PSD NAM I POLICY NUMBER (MMMIDD'YYYYj, LIMITS A X COMMERCIAL GENERAL LIABILITY 015196518 11/01/201. 11/01/2017 EACH OCCURRENCE $1,000,000 GL Premise DAMAGE TO RENTED A CLAIMS-MADE [ 1OCCUR 015196517 11/01/201611/01/2017 PREMISES(Ea occurren — ce) 51,000,000 CL Products MED EXP(Any one Person) $10,000 PERSONAL SADV INJURY $1,000,000 a G��EN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 m ( POLICY n,,Ed [1 LOC PRODUCTS-COMPIOP AGG $6,000,000 i I OTHER: Prod-CortpOps-Ea Occur $3,000,000 S A SCA 2936015 11/01/2016 11/01/2017 COMBINED SINGLE LIMIT 'r' AUTOMOBILE metro' 51,000,000 A05 (Ea awdenp A x ANY AUTO CA 2936016 11/01/2016 11/01/2017 BODILY INJURY(Per person) O z OWNED —SCHEDULED MA Split 20,000/40,000 BODILY INJURY(Per acclent) a A AUTOS ONLY _ AUTOS CA 2936017 11/01/2016 11/01/2017 m ILRED AUTOS NON-OWNED PROPERTY DAMAGE D ONLY _AUTOS ONLY VA (Per accident) C le O UMBRELLA(IAB — OCCUR EACH OCCURRENCE C) EXCESS LIAR CLAIMS-MADE AGGREGATE OED I IRETEMION B WORKEEMPLORSWMMPPEEN;nMN AND YIN wC014112236 11/01/201611/01/2017 X STATUTE I IRµ ANY PROPRIETOR/PARKER/EXECUTIVE E.L.EACH ACCIDENT 51,000,000 B OFFICERS-ISMER EXCUSED, N I NIA Wc014112237 11/01/201611/01/2017 (Mandatory in NH) CA E .DISEASE-EA EMPLOYEE $1,000,000 II yes.desats under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— - I n DESCRIPTION OF OPERATIONS;LOCATIONS I VEMCLEs(ACORD tel,Addison sl Remarks Schedule,nay be atacsd d more space S required) }J City of Salina, Kansas, its agents, representatives, officers, officials and employees are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy XY evidenced herein is Primary and Non-Contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of City of Salina, Kansas, its agents, representatives, officers, officials and employees in accordance with the policy provisions of the General Liability, N Automobile Liability and Workers' Compensation policies. J_ • 2. Ct.; CERTIFICATE HOLDER CANCELLATION 17.1 ry SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE M'al EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED W ACCORDANCE Will THE -el: POLICY PROVISIONS. i(r City of Salina, Kansas AIRHDRMED REPRESENTATIVE 300 w. Ash Street Salina KS 67401 USA r,/J (/��/r. //��.y,J p $/v/ art L� doss Meal C J.baie� W,Akiri t act ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Ott- irD I a l E/ i cp AGENCY CUSTOMER ID: 10224264 LOC#: ACCIIIRC). ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central, Inc. Federal Signal Corporation POLICY NUMBER See certificate Number: 570064599445 CARRIER NAIC CODE See Certi ficate Number: 570064599445 EFFECIWE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER USURER ADDITIONAL POLICIES If a policy below does not include limit information.refer to the corresponding policy on the ACORD certificate form for policy limits. — POLICY POLICY LSSR ADDL SUER EFFECTIVE EXPIRATION LTR T1PE OF INSURANCE ISSD Is POLICY NUMBERLIMITS DATE DATE CM MMOn'YY11 (?I\1IDDTllI WORKERS COMPENSATION g N/A WC014112238 11/01/2016 11/01/2017 FL C N/A WC014112239 11/01/2016 11/01/2017 MA, ND, WA g N/A WC014112240 11/01/2016 11/01/2017 AZ,IL,NC,N),PA,UT,VA A N/A XWC6583112 11/01/2016 11/01/2017 XS WC OH_EL $500,000 SIR applies per policy to ms & conditions ACORD 101(2008101) 02008 ACORD CORPORATION.MI rights reserved. The ACORD name and logo are registered marks of ACORD -! City of Salina, Kansas PERFORMANCE BOND "CONTRACTOR" (Name and Address): "SURETY" (Name and Principal Place of Business): Federal Signal Corporation WESTCHESTER FIRE INSURANCE COMPANY 2645 Federal Signal Drive 436 Walnut Street, WAIOH University Park. IL 60484 Philadelphia. PA 19106 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: K0956442I P.O. Box 736 Bond Amount: $200.257.10_ Salina, KS 67402-0736 Bond Date*: 12/02/2016 *not earlier than Contract date stated below I. The Contractor has, on the 21st day of November. 2016 . 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: Outdoor Warning Siren System (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; Revised 1-2-15 PB-1 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 therefore to the City; or ii. Deny liability in whole or in pan 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 r. 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. I I. 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 I above, including all related contract documents and changes thereto. 13.3. "Contractor Default" shall mean the failure of the Contractor to perform or othenvise 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 authoriz ` '..' 4‘as of this 2nd day of December , 201 .r' .\. SIG14 14 ‘1t1 c t �.: hi t CONTRA I TOR AS PRINCIPAL 5 `t(4 t%FRE;'. Fede.;.. i•j Co .e ration i • S,a�l oleo' at •_� ti pare °�/� f By: , "` `"1 J C. \ o"NV_8T• ,j STER FIRE INSURANCE COMPANY _. Signature y�\\� 4RESure$t Name and Corporate Seal Matthew B. Brady Print Name S.V.P. Safety and Security Systems By: IA/Lc, z {�� Title Signature (Attach Power of Attorney) Christina L. Sandoval 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 ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF COOK On this god day of December, 2016, before me, Jean Ton-es, a Notary Public, within and for said County and State, personally appeared Christina L. Sandoval to me personally known to be the Attorney-in-Fact of and for WESTCHESTER FIRE INSURANCE COMPANY and acknowledged that they executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Not Public in the State of Illinois County of Cook OFFICIAL SEAL JEAN TOMES NOTARY PUBLIC,STATE OF ILLWNOWS MY COMMISSION EXPIRES 08/16/2020 vY Power of Attorney Westchester Fire Insurance Company i Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit: 'RESOLVED,that the followingseboriaum+relate to the mention fox and on behalf of the Company.of hands,'Sending!.recognizance',mamas and other velum commitments of the Company entered int the ordinary metre of business(each a`Winer Commitment," (I) Each of the Oaairmente President and the Vice Presidents of the Company is hereby embodied to execute any Written Commionent for and on behalf of the Company,at the sed of the Company or otherwise. (2) Eads duly ppamed aomey-io-fan of the Company is busby acatozized a execute any Written Commment for and an behalf of the Company.under the seal of the Company or mhawz.a the aomt that tech . action is authorized by the pan of pawnspemided for in said.perms wino appointment as sod'+money-io-fm. I' (3) Each of the Claims.the Preidnu ed the Vice Presidents of the Company is baeby amhorix4 foe and On behalf of the CoopanY,to.point in writing any perm the aumeyiotm of the Company with HI power and authority a recur,for M on behalf of the Company.seder the seal of the Coo .y&othawise,sura Written C Commitments of the Company a may be specified bisect'written appointment,Mid' pedficatim may be by general type or class of Wrist Cm®®ss or by specification of one or more puticvlar Written Commitments (a) Each of the Chairman.the Presidia ad Vice Presidents of the Company is hereby=thorned,for and on behalf of the Company.to delegate in writing my otter officer of the Company the authority to execute.foe and on behalf of the Company.oda the Company's seal or otherwise.such Written Commitments of the Company m are specified in such wmtt delegation.which specification may be by gmersl type or Bass of W rium Commitments or by specification of m or more winder Written C®mmmre (5) ' The signature of any officer or other pram executing any Written Comment;or appointment or delegation pmsuan to this Resolution,and the seal of dm Canpmy,may be affixed by facsimile on each Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing ReWudm than not be deemed to be m mchaive steam=of the powers end amboriy of officers.employees end other pens t w foe Ind on behalf of the Company. and noh ReSmon shall not limit or otherwise affect the exDOY of mystab power or authority°chemise validly panted m rested l Does hereby nominate,constitute and appoint Debra I Doyle, Diane M O'Leary,Jennifer L Jakaitis,Jessica B Dempsey,Judith A Lucky-Eftimov,Sandra M Winsted, Sandra M Nowak,Susan A Welsh,Christina L. Sandoval all of the City of CHICAGO, Illinois,each individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding Seventy Five Million Dollars&Zero Cents($75,000,000.00)and the execution of such writings in pursuance of these presents ' •shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, 4 IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCII ESTER FIRE INSURANCE COMPANY this 24th day of September,2015. - - WESTCIIESTER FIRE INSURANCE COMPANYI r' . d9 �1 m (�"� a ,. • '�,41:-..)O,r Stephen M.Flattery.Vice Praidmt COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 24th day of September,AD.2015 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company:that the said - corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company.referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. -4F COaapgpYWCALTHOF PopliTLVMYA- . i.'i4.� . 1/103iOlye ittlm EYyYe s snip wwf ' I,the undersigned Assistant Secretary of the WESTCIIESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy,is in full force and effect. � � In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and'affixed the corporate seal of the Corporation,this a, day of 6JCC21'tda.er 20 ((i qq,,?� w /`C- William L Kehy.Assistant V ort^ ,�.�J , THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITI I AN INCEPTION DATE AFTER SEPTEMBER 24TM,2bt7 a ' _ Oocuaardf04546 contains a secuhty0antograph,blue background,heat-sensitive ink coin-reactive watermark,and micfotextprinting on harden ' `'" te > . - a utu City of Salina, Kansas ZB `�/p�W `� 587 • STATUTORY PAYMENT BOND �6u£C, C'Ctt,:, (Pursuant to K.S.A. § 60-1111) a 4M os, "CONTRACTOR" (Name and Address): "SURETY" (Name and Principal Place of Business): Federal Signal Corporation WESTCHESTER FIRE INSURANCE COMPANY 2645 Federal Signal Drive 436 Walnut Street, WAIOH University Park. IL 60484 Philadelphia, PA 19106 "CITY": `PAYMENT BOND": City of Salina Bond Number: K0956442I P.O. Box 736 Bond Amount: $200,257.10 Salina, KS 67402-0736 Bond Date*: 1 2/0212 0 1 6 *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: WHEREAS. the Contractor has, on the 21st day of November. 2016 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: Outdoor Warning Siren System (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, 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 SB-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 brought on the bond after six (6) months from the completion of said public improvements. :. INTESTIMONY WHEREOF, the _• �.��.s hereunto set its hand, and the Surety has caused this Payment Bond to be ex-=.74:,: xt.RRpi'ty and its corporate seal to be hereunto affixed, by its attorney-in-factegtithorized•. S t;o so, as of this 2nd day of December , 2016 �n�o/palatedt •he z o: yttbe�aWs CONTRA G TOR AS PRINCIPA �4 U� tate SURE V. Feder:16 i U ti Co 'oration �� ..•' _ Mi 1h.�ELAv By: yfl' WESTCHESTER FIRE INSURANCE Signature Surety's Name and Corporate Seal • Matthew B. Brady Print Name S.V.P. Safety and Security Systems By: 2,21/L4Title 402-4 Signature (Attach Power of Attorney) Christina L. Sandoval Print Name Attorney-in-Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-15 SB-2 ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF COOK On this 2nd day of December, 2016, before me, Jean Tones, a Notary Public, within and for said County and State, personally appeared Christina L. Sandoval to me personally known to be the Attorney-in-Fact of and for WESTCHESTER FIRE INSURANCE COMPANY and acknowledged that they executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Nota , ublic in the State of Illinois County of Cook OFFICIAL SEAL JEAN TORRES NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXPIRES 06/16/2020 . 1 : - - _ J • • • Power of Attorney • Westchester fire,Insurantce :Company I Know all men-by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the . . following Resolution,adopted by the Board of Directors of the said Company on December II,2006,to wit:. a - 'RESOLVED.this die fonoaing rdbrinaoss mho b the emetic.for rd on txhalfof the Company of bait,udvulinac r:nPnames,const ad other mitten itmmof the Cm9ny mad. into theoedmary tea*ofb(mmnr(aehaCommiman — ' - ,_t ' (n) , Eich of die Charms-CM President and the Vice Prmdena of the Company is bereby bAbnmd,o emote lay Writm Commitment for and m be alfof the Conway.aider the seal of the company or Mate. ` (2)- -y.Each dWYmpantd ammeVan-fa of the forestay is.hereby atomized to mean any Written Conirittmentfor and on bdu)fof the Cawley.melee the soil vide copmya°chemise.to to atm da nth . ! aeomaaiahorird by the e*an!of poo sPioxided fee avid.pa siva appocmaaaa vd,im+ioeY o-fag-. t ' • '� - (3) . ' Each of the Cbairmeh the Rtmdem mid to Vice Presidents ofthe Company isherehy**mind,for and on behalfof the Company.*sPinma AMPaiy'parm the ammeY-in4s1 of the Ccowy with MI.• pow and aahairy a cave,for ad on behalf of the Cecwy.®da the seal of the Company or otwise,such Written Comnotmma of de Company a may be Manned in such situs gpuinmrmt.which specifie®oa ray be try Bend type or dm of Written Com®tmem Or by epea(,emoo of ore or 44.344 patiMax W,ivm Cam®tmmn (4) Each of the Mara,the Prmdmt ad Vice Presidents oft a Company is hereby authorized.for codon behalf of the Convoy.so delegate in writing soy other officer of the Company the nobority to thecae.foe aid on boat of the Company.under the Company's seal or clawire,such Written Cormirnmas of the Conway m asespeafid in such min=delepisso,whieb spmficznm may be by Pena*type or dm Coimim,mm or by specification ofinea ware pawed*Weiss Commitments ' (5) - The signanwe of My officeirotha pec meaning any written Caanimaitee appOinmaneedelepumparmn Co this Remistian.ad the ad of the Camay.ouybe affixed by fade en nib Weiam - Co mit:a it Or written appavmees or delegasan FURTHER RESOLVED.that the fanning Rluush*1 Dot be damn)b ben emissiveemissivemmm se st of de powers ad*Monty of officers,erryby<md m a anda. a aoda peract for behalf at the Company. keep ® m cosh Rcxhaoa shall not est of can-wise et a the mase of my orb pawnor=charity otherwise validly granted or wad 5 ', .. Does Hereby'nominate,constitute and appoint Debra 1 Doyle Diane MO'Leary,Jennifer L Jakalns,Jessica B Dempsey,Judith.A:Lucky-Eftimov Sandra M Winsted, • -Sandra-44 Nowak,Susan A Welsh,Christina L. Sandoval all of the City of CHICAGO, Illinois,each individually if there be more than one named,its true and lawful attomey-in-fact,to make;execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizanccs,contracts and other writings in the nature thereof in penalties,not exceeding Seventy Five Million Dollars&Zero Cents($75,000,000.00)and the execution of such writings in pursuance of these presents `shall be as bindingupon said Company,as fully and amply as if they,had been duly executed and acknowledged by the regularly'elected ofcers.of the Company at its '.lunMnpal offrce. € i - ` : I _ . , t IN WITNESS WHEREOF,the said Stephen M.Nancy,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 24th day of September,2015. • . , WESTCHESTER EIRE INSURANCE.COMPANY, `. ( ( 1 t 1./ - :'� Aml JLG. - Fs COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 24th day of September,.AD.2015 before me,.a Notar,Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen ney - - M Hancy„Vice-President o(ihe R'ESTCHESTER FIRE INSURANCECOMPAN1',to me personally known to be the individual and Officer stn-executed the preceding instrument and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that the said • corporae'seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by.-the Board of Directors of said:_ - Company,referred to in the preceding instrument,is now in force. t INTESTIMONYWHEREOF,I have hereunto set my hand and affixed my official seal at the City,of Philadelphia the day and year first above written. r L C01010NWiAl7NaPrOvenLVJ1r4 - . if:BRANT AL o r 3seur,moi! antif:BR�MIDT,;Noiary�aq�- "/�{r//� „_� ' xf� :z ( ayet ee6tlonFspYp&q.�, (�w;n I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy;is in full fora and effect ;In witness whereof:1 have hereunto subscribed my`nameas Assistant Secretary,and affixed the corporate seal of the Corporation,this oC day ofC.Lrk.Lis(20 I to • :jr �b4g r- • • ��//j:'� _ f. �.}.. ..p, r 1/4 I - / _ - ,_ `eyt f s Wtaiam L Kelly.ARiagnl • EtstsS,. • THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER SEPTEMBER 24ra 2 47.\V1' - :DocuGard(04546 contains a secunly pantograph,blue background;heat-sensitive ink.corn-reactive Watermark and micratextpnnting on border.' - - ''^".e..a”- SeIirE ( umty District Court District Coort EinNSiN IU0e12016 IC(r? All Eofsip1: 0335080 8EEeiVE4 of: federal SigAal Corporation COEE: 1016-SB-000027- Stat000cy DGAA 35,00 i0iAl AlD: H.00 Cash C'ANFE: .00