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Field House Audio Visual System CONTRACT BETWEEN THE CITY OF SALINA, KANSAS and NEXOS, LLC. for CONSTRUCTION OF PUBLIC IMPROVEMENTS This Contract is entered into February 23. 2017 by and between the City of Salina. Kansas. (the "City") and Nexos. LLC. a Texas corporation(the"Contractor"). Recitals A. The City desires to contract for the design. supply. and installation of an audio-visual system and equipment for the Salina Field House(the"Project"). in compliance with federal,state,and local regulations. B. The Contractor has the requisite qualifications and experience to construct the Project for the City and desires to perform those services pursuant to the terms of this Contract. The parties. in consideration of the mutual promises set forth in this Contract. agree and covenant: I. Pefinitinns. Except as otherwise provided herein. capitalized words used in this Contract shall have the meanings indicted in the General Clauses. 2. Contract Documents. This Contract. together with the following documents and any Change Orders issued after execution of this Contract shall comprise the"Contract Documents" for the Project: Mark with"X" if applicable; Request for Bids Instructions to Bidders Bid Form Performance Bond ti Statutory Payment Bond X Specifications Drawings General Clauses Notice to Proceed(to be issued) Certificate of Completion(to be issued) Other: There are no Contract Documents other than those above listed. 3. Resnoncihilities and Representations of the Parties. I. _ p nonsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents. 2. Reoresentationc. In order to induce the City to enter into this Contract. the Contractor represents that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the Contract Documents; (b)visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost. progress and performance of the Work: and (c) become aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Revised 1/2/IS 1 4. Schedule and Completion Times. Time is of the Essence. All of the time limits for Milestones. if any. Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract. 2. Completion Times. The Work will be substantially completed, and completed and ready for final payment in accordance with the General Clauses, on or before the date(s) or within the time(s)specified in the Contractor's Bid. 3. Work is not completed on time. Therefore, for each day that expires after the time sp cified is the certificate of Substantial Completion. and for each day that expires after the time specified in the Bid for completion and readiness for final payment until the Work is completed and ready for final payment at the amount of S . in accordance with the General Clauses. 5. Payment. The City shall pay the sum or sums due the Contractor, at stated intervals and in the amounts certified by the City Manager,or his designated representative, in accordance with the provisions of the General Clauses and the Contractor's Bid. Provided, however, that in the event of a conflict between this Contract or the General Conditions and the Contractor's Bid,the terms of this Contract or the General Conditions shall control. 6. Jnsurance Requirements. I. Tvoes and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in the General Clauses, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in the General Clauses. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests' insurance guide. and admitted in the State of Kansas. Except as otherwise specified in the General Clauses, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 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. Jgjury 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 Cine its agents, representatives, officers, officials and employees from and against all claims, damages. losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury. sickness, disease, death, or injury to. impairment. or destruction of property. including loss of use resulting therefrom, to the extent that such claims. damages. losses, and expenses relate to, arise out of• or are alleged to have resulted from the wrongful acts. errors. mistakes, omissions, or defective work or services of the Contractor, its employees,agents.or any tier of subcontractors in the performance of this Contract. Revised 1/2/15 2 9. Voluntary Termination See General Clauses. 10. Default. See General Clauses. II. Remedies. See General Clauses. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Contract shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail. return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt but if the receipt is not returned within five (5) days. then three (3) days after mailed. if sent by registered or certified mail or commercial courier service: or the next business day. if sent by overnight air courier service. Notices shall be addressed as appears below for each party. provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City of Salina Attn: Chris Cotton. Director of Parks and Recreation 300 W.Ash St.. P.O. Box 736 Salina, KS 67402-0736 CONTRACTOR: Nexos. LLC. Attn: Travis Brockway 305A S. SH 342 Red Oak.TX 75154 14. Retention and Inspection of Records. The Contractor shall maintain complete. accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Contract. The records shall be maintained during the term of this Contract, and for a period of three (3)years from the date of final payment under this Contract (the "Retention Period.): provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation,claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to. or arising under, this Contract. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing. confirming. and verifying the nature and amount of all costs and expenses incurred under this Contract. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes. subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City. it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Contract. does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Contract are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits,deferred compensation plans. including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents, forms. or returns pertinent to the foregoing. Revised 1/2/I5 3 17. Subrontractinp. See General Clauses. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal,state, and local law in the performance of this Contract. 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: (I) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Contract because of race, sex,religion, age,color, national origin, ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by the city's human relations director: (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Contract and it may' be canceled, terminated or suspended. in whole or in part. by the City: (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Contract and it may be canceled,terminated or suspended. in whole or in part, by the City: (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (I) Employs fewer than four employees during the term of this Contract;or (2) Contracts with the City for cumulatively S5.000 or less during the City's calendar fiscal year. 20. Administration of Contract. All references in this Contract requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. 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: Venu@. 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. Revised 1/2/I5 4 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. S ounterparts. 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. f o 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. Tvoewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine.Singular-Plurat• 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. {Signature page follows) Revised 1/2/1 5 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF' LINA, KANSAS CONTRACTOR B. SIX _ t Kaye J.Crawfor. Ma Travis Brockway,02 2—r. lr (aACILL IL4)ca Shand' Wicks.CMC.City Clerk Forth: Le ounce Revised 1/2/15 6 RFP ATTACHMENT#3 PROPOSAL COVER PAGE FOR AUDIO-VISUAL EQUIPMENT AT THE SALINA FIELD HOUSE TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS Commissioners: 1. Proposal to Enter into Contract. The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into a Contract with the City to perform all Work as specified or indicated in the proposed Contract Documents and this Proposal, for the prices and within the times indicated in this Proposal, and in accordance with the other terms and conditions of the proposed Contract Documents. 2. Proposer Acknowledgments. Proposer accepts all of the terms and conditions of the Contract Documents. This Proposal will remain subject to acceptance for sixty (60) days after the Proposal opening, or for such longer period of time that Proposer may agree to in writing upon request by the City. Proposer will sign and deliver the required number of counterparts of the Contract with the bonds and other required documents, within ten (10) days after the date of the City's notification of award. 3. Proposer's Representations. In submitting this Proposal, Proposer represents that: a. Proposer has carefully reviewed the Contract Documents, and the following addenda, receipt of which is hereby acknowledged (Note to Proposers — In this section. please indicate the title and date of each addendum received — e.g.. "Addendum #1. dated , 2016"): Addendum#1, dated November 21, 2016 1. 2. 3. Proposer understands and agrees that in signing this Proposal, Proposer waives all right to plead any misunderstanding regarding the Contract Documents or the above-referenced addenda. b. Proposer has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. c. Proposer has given the Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the proposed 12 Contract Documents, and the Project Manager's written explanation is acceptable to Proposer. 4. Price Proposal. Proposer will complete the Work as specified in this Proposal and in accordance with the Contract Documents for the following lump sum price: Two hundred thirty-nine thousand, six hundred fourty six dollars.13(S 239,646.13 ) (include attachment for any additional or itemized pricing options). 5. Time of Completion. a. Proposer agrees that the Work will be completed and ready for final payment in accordance with the General Clauses within 100 days after the City issues a notice to proceed. 6. Definitions. Terms used in this Proposal shall have the meanings assigned to them in the General Clauses included with the proposed Contract Documents. 7. Enclosures. Proposer has completed and attached hereto all documents and information requested therein. NAME OF PROPOSER: Nexos AV Integration I Vista Productions, Inc. ADDRESS: 305A S. SH342 I 1804 Anaconda Rd Red Oak,TX 75154 I Harrisonville, Mo 64701 E-MAIL ADDRESS: travis@nexosay.com BY: Travis Brockway TITLE: Owner, Nexos DATE SUBMITTED: December 2, 2016 • • 13 1 [rtEXOsi ..,t.!.NO ca tCtc�+: • . . � t ty . , t _ _- O RFP - AUDIO VISUAL EQUIPMENT FOR SALINA FIELD HOUSE Prepared by: Travis Brockway, Nexos AV Integration In cooperation with: Mick Warnock, Vista Productions, Inc. RFP - AUDIO VISUAL EQUIPMENT FOR N ErOS SALINA FIELD HOUSE December 2, 2016 Chris Cotten, Director of Parks and Recreation City of Salina, Kansas 300 W. Ash Street, P.O Box 736 Salina, KS 67402-0736 Dear Mr. Cotten, Nexos AV Integration, in collaboration with Vista Productions Inc., respectfully submits for your consideration the attached proposal, which covers the details of the system requirements in the following outline: A. Introduction B. Description of Work C. Installation Schedule D. Equipment List E. Cost Summary and Terms F. Guarantees and Limitations of Warranty G. Training and Documentation H. Building Construction, Installation, and Responsibilities I. Acceptance The proposed systems are based upon our understanding of your requirements as communicated to us during our meetings and conversations, and the request for proposal labeled RFP- Audio- Visual Equipment for Salina Fieldhouse. If there are any changes that need to be made, please let us know. This proposal contains confidential pricing, design, and installation information that is proprietary to Nexos. It is provided for your private use, and is not to be disclosed, in part or in whole, without the express, written authorization of Nexos. Please let us know if any questions arise. We look forward to serving you. Sincerely, Travis Brockway Mick Warnock Nexos Vista Productions, Inc travis@nexosay.com mwarnock@vistaprod.com (469) 444-1176 (877) 298-4782 x`-;. 2 RFP - AUDIO VISUAL EQUIPMENT FOR I NE .0S � , SALINA FIELD HOUSE A. Introduction This proposal provides a description of the technology incorporated into the systems, lists the major equipment and components, and states the terms, conditions, and responsibilities. At the discretion of the City of Salina, individual components and quantities may be changed, deleted, added, or designated as optional to be added to the system at a future date. B. Description of Work Audio System Description The Audio System shall include loudspeaker coverage for each indoor Court, Field, Lobby 1 and 2, Outdoor zones 1 and 2, and a Community Room. The Audio System shall include wired paging, and wireless microphones with handheld and headword transmitters. The Audio System shall include inputs for audio from video playback, and general music playback sources. The Audio System for each indoor Court/Field (6) shall include a ceiling mounted speaker system with six (6) full range loudspeakers, amplifiers and digital processing equipment. The loudspeakers shall be capable of 128db SPL at 1 m with a minimum frequency response of 50Hz to 20kHz (-6db). The DSP shall include manufacturer tunings for the loudspeakers with device specific FIR filters and limiters. The Audio System for each Court/Field shall include a local, transformer isolated input panel to allow connection of audio playback devices. These devices shall be flush mounted to the wall, and include both 3.5mm and RCA input connectors. The Audio System for each Lobby (2) shall include a 70V ceiling mounted speaker system with six (6) full range loudspeakers, amplifiers and digital processing equipment. The loudspeakers shall be capable of 112db SPL at 1m with a minimum frequency response of 65Hz to 20kHz (-10db). The DSP shall include manufacturer tunings for the loudspeakers with device specific FIR filters and limiters. " ' 3 RFP - AUDIO VISUAL EQUIPMENT FOR NE OS SALINA FIELD HOUSE The Audio System for each Lobby shall include a local, transformer isolated input panel to allow connection of audio playback devices. These devices shall be flush mounted to the wall, and include both 3.5mm and RCA input connectors. The Audio System for each outdoor zone (2) shall include a 70V wall mounted, weather resistant speaker system with three (3) full range loudspeakers, amplifiers and digital processing equipment. The loudspeakers shall be capable of 119db SPL at 1 m with a minimum frequency response of 55Hz to 20kHz (-10db). The DSP shall include manufacturer tunings for the loudspeakers with device specific FIR filters and limiters. The Audio System for the Community Room shall include 70V ceiling mounted speakers, with a wall mounted volume control and source selector. The amplifiers powering all zones shall include DSP that includes IIR and FIR EQ filters, HPF, LPF and Crossover filters, Delay, Limiting, and Speaker Impedance Monitoring. The audio system shall include a redundant, standalone DSP system that is capable of IIR and FIR EQ filters, HPF, LPF and Crossover filters, Delay, Limiting, Routing, Automatic Mic Mixing, AGC, Ducking, Fire Alarm Mute, GPIO trigger, VOIP, POTS,USB interface and internal media playback. The Audio System shall include four (4) wireless handheld microphones, and four (4) wireless head-worn microphones. These microphones shall include dedicated receivers, and shall not be "combo" systems. The wireless microphone systems shall include an active antenna array, and be capable of full strength, diversity RF coverage in any indoor zone, court or field. Active antenna combination and distribution shall allow for multiple, LPDA or Helical Antennas to ensure RF coverage of all zones. (1/4 or 1/2 wave "whip" antennas shall NOT be accepted). The wireless microphone transmitters and receivers shall be harmonically tuned to avoid interference between adjacent wireless microphones and known external RF transmitters such as DTV stations, walkie-talkies, security radios, etc. The control system shall allow assignment of any wireless microphone to any zone, or all zones. The equipment rack shall include a lockable drawer to store the wireless microphone transmitters. 4 RFP - AUDIO VISUAL EQUIPMENT FORNE rOS SALINA FIELD HOUSE The Audio System shall include a zone selectable paging microphone capable of making announcements to any individual court, field, or zone, or a facility wide announcement to all zones. The paging microphone shall be mounted at the Control Desk. The Audio System shall include inputs for two (2) owner furnished (OFE) computers located at the Control Desk. These computers shall be capable of music playback to any or all zones. The Audio System shall be tied to the fire alarm system for emergency mute and power down. The Audio System shall include control and ancillary equipment mounted in an equipment room in a lockable, steel rack enclosure. This equipment shall include, but is not limited to a mixer, wireless microphone receivers, digital signal processing, amplifiers and additional components and cabling necessary for a working sound system. The Audio System shall be powered on and off sequentially by remote key switch from the equipment rack, and/or through automated scheduling via the control system. The Audio System shall include two (2) dedicated, managed network switches, with QOS and Layer 3 capability. The Audio System shall include a battery backup system for the DSP Video System Description The Video System in Lobby 1 and 2 shall include twelve (12) owner furnished (OFE)televisions, to be installed and connected by the AV System Contractor. All mounting hardware and cabling shall be provided by the AV System Contractor. The AV system contractor shall prepare provisions for an additional twelve (12) future TV locations throughout the facility. Locations to be determined with the Customer. The TV sources shall be fed in pairs by an eight (8) output matrix switcher, capable of 4 PIPs on 1 output, and two (2) discrete, dedicated and configurable multi view outputs. The control system shall allow any input to be fed to any output pair from the touchscreen at the Control Desk. The Video System shall include inputs for two (2) owner furnished (OFE) computers located at the Control Desk. These computers shall display owner furnished content such as room scheduling, digital signage, and Internet TV. " � " 5 RFP - AUDIO VISUAL EQUIPMENT FOR NE OS SALINA FIELD HOUSE The Video System shall include inputs for two (2) owner furnished (OFE) satellite receivers located in the equipment rack. The Video System shall include a flush mounted wall plate input in each Court/Field for the connection of external video equipment and/or cameras. This connection shall be capable of receiving HDMI or SD/HD/3G-SDI signals in 1080p format. The control system shall allow selection of one or more of these inputs for display in the Lobby. The Video System shall include thirty-two (32) IP based, 4MP video cameras with infra-red (night- vision) capability distributed throughout the facility. One of the cameras from each Court/Field shall be selectable as an input for the Lobby televisions from the touch screen at the Control Desk. The system shall allow a maximum of 6 cameras (one for each Court/Field)to be displayed simultaneously on the Lobby televisions. The Video System shall allow two (2) televisions to display a multi-view source of various video inputs. The control system shall recall these multi-view presets from the touchscreen at the Control Desk. The Video System shall include one (1) desktop computer monitor at the Control Desk with a multi-view image of all selectable inputs. The Video System shall include one (1) monitor at the Equipment Rack with a multi-view image of all switcher inputs. The Video System shall include a thirty-two (32) input Networkable Video Recorder with 8TB of onboard storage for 24hour recording of the IP cameras. This recorder shall be capable of recording full time at full resolution, or in motion detect mode with a 10 second pre-roll buffer and user selectable post-roll buffer. The NVR shall be capable of playback and real time monitoring via a web interface. The Video System shall include six (6) 4 input Networkable Video Recorders with onboard storage for redundancy and distribution. The NVR shall be capable of recording, storing, and playing back a minimum of 7 days of camera activity. The Video System for the Community Room shall include an OFE TV, with HDMI inputs from a wall plate, and wireless video connectivity from Customer provided devices. The Video System shall include a dedicated, managed network switch, with QOS and Layer 3 capability. 6 RFP - AUDIO VISUAL EQUIPMENT FOR NE 0S SALINA FIELD HOUSE Control System Description The Control System shall include a control system processor mounted in the equipment rack, and a 7" touchscreen at the Control Desk. The Control System shall be capable of GPIO, IR, USB, RS232/RS485, and Ethernet control protocols. The Control System shall allow the following functionality: Allow selection of audio source for each zone. Route wireless microphones to any zone. Route paging microphone to any zone. Microphones shall take priority in assigned zone and duck program material. Audio system shall be muted upon Fire Alarm trigger, except paging microphone. AV system may be powered down upon sprinkler trigger. Allow selection of video sources for distributed displays Allow scheduling of system power on/off and system wide announcements General Requirements Camera mounting locations shall allow the greatest field of view possible by the camera. Television mounting locations shall be uniform where possible, especially where multiple displays can be seen from one location. Except in the Community Room, the bottom of any TV shall not extend below 60", and the top shall not extend above 96" without Customer approval. Loudspeaker quantity, location and orientation has been determined using an Acoustical CAD modeling program (EASE). Loudspeakers shall be permanently affixed with weather and load rated rigging hardware as necessary, with a minimum of 5:1 safety factor, installed and provided by the sound system contractor. Sound system contractor shall coordinate speaker and sound system installation with Customer, Architect, General Contractor and Electrical Contractor. Speaker system and accompanying rigging, cabling, distribution, etc. for any outdoor equipment shall be "weatherproofed". AV System Contractor shall provide and install necessary speaker, signal and control cabling between all devices and locations. • 7 RFP - AUDIO VISUAL EQUIPMENT FOR N E^OS , SALINA FIELD HOUSE AV System Contractor shall coordinate electrical requirements and locations with the Electrical Contractor. All sound system equipment shall be turned on and off in proper sequence by a single switch/ button/key at the equipment rack or Control Desk position. AV System Contractor shall provide and install all necessary cabling and connectors for a complete and working system. AV System Contractor shall provide any necessary Ethernet/network devices and network cabling associated with the proposed systems for a complete and working system. Antenna cable shall be 50ohm cable intended for wireless microphone RF signal transmission. All cabling shall be installed in conduit, covered with external mount conduit, or wrapped in "Snakeskin" cable sheathing. Submittals AV System Contractor shall provide as-built drawings and a binder, including product information and manuals for major system components to Customer within 30 days of substantial completion. Warranty AV System Contractor shall provide at minimum a 1 year parts and labor warranty on all system components. AV System Contractor can provide a 2 year warranty on parts and labor at an additional cost of 3% of the contract price. C. Installation Schedule Nexos estimates that the actual on-site installation of your project will take six (6) weeks. In addition to the on-site installation, Nexos shall prepare system drawings, purchase the equipment, assemble the equipment in our shop, program control software as required and do in-shop testing. This work will take place approximately eight (8) weeks prior to the beginning of actual installation at your facility. RFP - AUDIO VISUAL EQUIPMENT FOR . N ENe xRa . SALINA FIELD HOUSE The total time required to complete the project shall be approximately fourteen (14) weeks. The completion of Nexos' work depends upon the facility being secure, dust-free, air-conditioned, and quiet. Please note that Nexos must receive the signed contract and down payment prior to beginning any work on this project including engineering, purchasing of equipment, and scheduling of the installation. For Nexos to meet the above completion schedule it is important that the Customer ensure that the job site is available for Nexos personnel and that there are no interruptions in the availability of the job site and the ability of Nexos to do the agreed upon work. Nexos schedules its work weeks in advance. As a result, it is vital that the Customer notify Nexos in the event that the Customer changes the schedule or the Customer's other contractors fall behind in completing their portion of the work. Commencement of Work Nexos must receive the signed contract and down payment prior to the contract being initiated by Nexos. Without the signed contract and down payment being received by Nexos, no work on the contract will be taken, including engineering the system, purchasing the equipment and scheduling the work crews for installation. In the event the Customer fails to pay Nexos within the terms above, Nexos reserves the right to stop work on the project until all payments are received by Nexos in accordance with the terms. 9 RFP - AUDIO VISUAL EQUIPMENT FOR N E^DS< SALINA FIELD HOUSE D. Equipment List Qty Make; Model Description Price 1 AirTame HDMI Wireless HDMI $318.75 2 I Apple Mac Mini Personal Computer $623.75 5000 Belden 8451 MidLine Cable $0.21 2000 1 Belden 1583A Ethernet Cable $0.23 1000 Belden 9620 Control Cable $1.56 2000 i Belden 7810 50ohm 10awg Antenna Cable $1.45 2000 Belden 1694a 75ohm Coax Cable, 3G SDI/HDSDI $0.41 12 ! Blackmagic Micro Converter Miniaturized Broadcast Quality SD and HD Video $87.50 Design SDI to HDMI Converter 6 Blackmagic Mini Converter SDI SDI Distributor $187.50 Design Distribution 4K 1 Blackmagic Micro Converter Miniaturized Broadcast Quality SD and HD Video $87.50 Design SDI to HDMI Converter 1 Blackmagic ATEM 2 M/E 2 M/E Production Switcher with 16 Inputs, DVE, $5,987.50 Design Production 16 Layers Switcher 1 ' Blackmagic GPI/TALLY GPI INTERFACE $618.75 Design 1 Blackmagic Smart Videohub Routing Switcher, 20 6G-SDI Inputs/Outputs 51,875.00 Design 20x20 1 BPS MISC Installation Hardware $1,918.75 12 ; Chief XTMU FUSION Micro-Adjustable Tilt Wall Mount 5125.00 (55-75' Displays) 4 I Decimator MD-HX HDMI to SDI Cross Converter $375.00 1 Direct TV C-31 Genie Mini Home Media Center Client $0.00 1 I Generic 2U Universal Connection Panel $43.75 Hardware u 10 RFP - AUDIO VISUAL EQUIPMENT FOR INE^0S •SALINA FIELD HOUSE Qty . Make Model . Description 'Price 1 Generic Video Monitor 21 In Monitor 5150.00 1 ' Generic Video Monitor 21 In Monitor $150.00 1 I IPV Systems NVR_CAM NVR and 32 IPCAM Package, 24HR X 7Day $12,493.75 I Internal Media I 1 I Generic Video HDMI Input Plate HDMI Input Plate $62.50 1 ; Juice Goose CQPD1-4 Multiple Curcuit Sequenced Power Distribution $523.75 with Remote Control Capability 2 Juice Goose CQ-1520 Three Sequence 20 Amp Power Distribution $348.75 System with Remote Control Capability 24 I KINGS BNC-50 50ohm Connector 55.43 100 I Kings BNC-75 75ohm Connector $4.04 6 ' Kramer WBB Double BNC Pass Through $31.25 1 I Middle ERK-4420 44 Space(77°), 19 1/2" Deep Stand Alone Rack 5576.83 Atlantic With Rear Door, Black Finish Products 1 I Middle VFD-44 Vented Front Door, Fits 4-4 Space Erk, Mrk,Wrk, $285.31 Atlantic . Vrk Series Racks, Black Finish Products 1 I Middle ERK-4FT-285CFM Integrated 4 1/2" Fan Top, Includes 3 Fans, 285 $218.83 Atlantic CFM, Black Finish Products I 1 ; Middle LEVELFEET-K Essex, Set or 4 Leveling Feet $87.50 Atlantic IProducts 1 I Middle PD-2415SC-NS Long 24 Outlet, Single 15 Amp Circuit Slim $110.00 Atlantic Power Strip W/Cord IProducts 1 i Middle UPS-1000R Rackmount UPS, 1000VA/750W, 2 Space(3 5816.75 Atlantic 1/2"), Black Finish I Products . . . _ RFP - AUDIO VISUAL EQUIPMENT FOR j N E^OS SALINA FIELD HOUSE • Qty Make . • Model Qe33cription Price 1 Middle LACE-44LP 77" Height 3 1/2' Width Cable Lacer Strip, 6 $181.64 Atlantic Pieces Products 1 i Middle UD3 3 Space(5 1/4") Utility Drawer, Black Powder Coat $106.98 Atlantic Finish iProducts 1 Middle HP500 500PC. Screws $43.75 • Atlantic Products 3 Middle EB2 2 Space(3 1/2") Flanged Econo-Blank, Black $9.46 Atlantic Powder Coat Finish 1 Products 7 Middle EB1 1 Space(1 3/4") Flanged Econo-Blank, Black $7.19 Atlantic Powder Coat Finish Products 1 Middle RPS Remote Power Switch, 15 Amp $72.50 Atlantic Products 1 Middle DECP-1X1 1 Sp Pnl w/(1) Dec Opening, Bk $20.09 Atlantic Products 3 , Netgear GS752TP ProSAFE 48-port 1000base-T Gigabit PoE Smart $625.W Switch 12 Neutrik XLR Connector $3.75 4I Neutrik 3.5MM Connector $3.75 12 Neutrik RCA Connector $3.75 6 Neutrik SPEAKON Connector $5.00 9 ProCo Sound iPlate Portable Audio Player Interface Wallplate $187.50 361 QSC E-10 Compact 2-Way, Ported Enclosure(High Output) $375.00 4 QSC CXD4.3 Processing Amplifier $1,625.00 RFP - AUDIO VISUAL EQUIPMENT FOR I E^OS SALINA FIELD HOUSE Qty Make Model Description Price' 2 ; QSC CORE 1101 Unified Core $2,250.00 I 6 I OSC AD-S8T Small Format, Surface Mount Loudspeaker $367.50 1 QSC TSC-7t Tabletop Touch Screen Controller $1,373.75 1 ' QSC PS-1650H Networked Page Station $1,875.00 16 OSC AD-C4T Ceiling Mount Speaker $111.25 t 6 I OSC AD-YMS8-BK Yoke mount for the AD-S8T. $90.00 36 , QSC E10 Yoke Powder coated steel yoke for mounting the $112.50 E10 t 1 QSC TSC-7-PS Power supply and power cord accessory kit for $73.75 Q-Sys TSC-7 1 QSC SPA2-60 Amplifier 5375.00 1 I QSC WCP-2 Wall Controller $187.50 2 Shure ULXD4Q Quad Channel Digital Wireless Receiver $4,975.00 1 i Shure UA844SWB Antenna Distribution System $785.00 2 ' Shure UA221 Antenna Splitter-Combiner Kit $126.25 4 i Shure ULXD1 Wireless Bodypack Transmitter $437.50 4 Shure 5M35 Performance Headset Condenser Microphone $100.00 4 i Shure UA874US UHF Active Directional Antenna 470-698 MHz $311.25 2 Shure UABIAST UHF In-Line Power Supply $68.75 4 . Shure Al2B Antenna Mount $21.25 4 Shure ULXD2/B58 Handheld Wireless Transmitter with Beta 58A $550.00 t 4 i Shure G12B Gooseneck, Black, 12" $22.50 6000 West Penn 227 Speaker Cable $0.48 MIMMIllialt - ,x. - 13._____/ RFP - AUDIO VISUAL EQUIPMENT FOR N E^OS SALINA HELD HOUSE Terms 1. 25% deposit (due upon signing of this agreement) 2. 25% equipment order 3. 25% upon beginning of installation 4. 20% upon substantial completion (date of first beneficial use) 5. 5% upon final completion Payment All invoices are due Net 10. Unless otherwise prohibited by law, a 3% fee will be charged for any credit card transactions. Price - $239,646.13 The price stated above for this project is based upon the complete system being purchased and installed at one time. In the event the Customer selects to purchase less than the total project, delays purchase of any portion of the system, requires that the system be installed in phases, or delays the installation, Nexos reserves the right to charge for additional labor, travel, and overhead. The price is valid for 30 days from the date of this proposal. Taxes All taxes are the responsibility of the Customer. If a tax is charged to Nexos, the Customer will be responsible for reimbursing Nexos for this cost. Credit This proposal shall not be deemed as accepted by Nexos until the executed contract is returned to Nexos' credit center for final review and acceptance. Changes Any Customer Change Orders (CCO) must be submitted in writing by the customer and approved by Nexos prior to execution by Nexos and are subject to the credit terms of this agreement. AS . .. . 1a RFP - AUDIO VISUAL EQUIPMENT FOR NE^0S SALINA FIELD HOUSE � h F. Guarantees and Limitations of Warranties Nexos Guarantees: 1. Equipment shall be new, unless noted otherwise. 2. All workmanship provided by Nexos will be free of deficiencies and defects, and will be repaired, free of charge, for a period of 90 days from the date of substantial completion or the first date of beneficial use of the system, whichever date occurs first. Substantial completion shall be defined as the point where the work or designated portion thereof, is sufficiently complete so that the system can be used for its intended purpose. 3. All equipment and materials provided by Nexos that were manufactured by other companies will be warranted under the standard warranty terms of the original manufacturer. 4. If any questions arise now or in the future about the installation or operation of the system, a Nexos employee will be available to assist and answer any questions by phone. 5. The warranty does not include, nor cover expendable materials used with the system installation (e.g. light bulbs, lamps, light fixture lamps, fuses, batteries, portable connection cables, gel, etc.). 6. Any adjustments made by the Customer or the Customer's agent(s), other than routine operational adjustments, shall not be covered under this warranty statement. Recalibration of settings shall be considered by Nexos to be billable time to the Customer at Nexos' standard engineering rates. 7. Procedures such as routine preventative maintenance functions (e.g. keeping filters clean, keeping system environment free from foreign materials, etc.) is the responsibility of the Customer and is not included within this warranty agreement. Failure on the part of the Customer to perform these routine maintenance functions shall void this warranty. 8. If warranty work is necessary within the warranty period, Nexos will, at its option, repair the defective equipment or return it to the manufacturer for repair. 9. Repairs, modifications, or other work performed by personnel not authorized by Nexos during the period of warranty on any equipment of the system may invalidate the warranty. :.._ 15 FP - AUDIO VISUAL EQUIPMENT FOR N E^OS :ir.6 CONdIa ON1 -k ALINA FIELD HOUSE 10. Nexos will not be responsible for damages, or cost of repairs due to modifications, adjustments, or additions to the system performed by personnel not authorized by Nexos prior to acceptance of the system by the Customer. 11. Nexos may withhold warranty service in the event that the Customer has an unpaid balance due to be paid to Nexos. Owner Furnished Equipment (OFE): 1. Nexos' intent is to provide a complete system, which includes providing all the equipment. In some cases, the Customer may own equipment that they desire to be included with the Nexos installation. Nexos reserves the right to accept or reject equipment provided by the Customer and to charge a service fee due to the problems encountered with using equipment that is of unknown origin, service history, software revision, etc. Nexos will not accept OFE that is purchased by the Customer to replace equipment that is specified in this proposal. 2. Materials or equipment provided by the Customer/Owner (OFE), if any, to be included within the work, shall be done with no warranty or guarantee by Nexos. Use of OFE is solely for the convenience and benefit of the Customer. 3. Nexos shall take reasonable care in handling OFE and shall install it according to standard industry practices; however, Nexos takes no responsibility for the operation, performance, appearance, or effects of OFE before, during, or after its integration into the system. 4. The Customer is responsible for installation and registration of all software on OFE computers. Nexos will provide the customer with system requirements for Nexos-provided software, but the Customer is responsible for installing it on the OFE PCs and/or OFE Network. All software- related customer support shall be directly provided by the software manufacturer. 5. The Customer agrees to reimburse Nexos for all work related to the service and/or troubleshooting of OFE with the provision that the Customer authorizes Nexos to proceed with malfunction evaluation and repairs. ;`_:„ t6 RFP - AUDIO VISUAL EQUIPMENT FOR N Ed 1/40 SALINA HELD HOUSE G. Training and Documentation Nexos is committed to training our customers. Our customer training program offers multiple, customizable options to fit the needs of any customer. The possible programs include: 1. The standard program, which comes included with all Nexos packages. 2. The advanced training program, which is at an additional cost. Please contact Nexos to receive a customized price quote on a customized training option. Standard Training (Included) 1. Nexos agrees to conduct a training session at the completion of installation. All system operators or interested persons should attend this training so that all questions can be answered during this period. Nexos personnel will assist and supervise Customer personnel in a run-through to acquaint them with "hands on" operation of equipment. 2. All audio/video wiring will be numbered and labeled. 3. A binder with As Built system diagrams and equipment manuals will be furnished upon completion. Customized Training (Optional) In addition to the written materials that come standard, Nexos shall furnish an operation guide, which includes specific how-to-use instructions and troubleshooting tips. Upon request, Nexos can provide trade specific, customized training in audio, video, lighting and set design. The customized training program is determined by the customer and a Nexos representative to best meet the needs of the customer. The cost is based on the desired program. It can include: 1. The standard written documentation, with a detailed operation guide. 2. PowerPoint style presentations, either basic or detailed, providing a simple or in depth overview of the system and its functionality. The customer shall be given a digital copy to keep. 3. The customer may choose to capture the on-site training portion on video tape. A standard camcorder on a tripod, with or without an operator, is available. Please contact Nexos to receive a customized price quote on a customized training option. 17 RFP - AUDIO VISUAL EQUIPMENT FORN E^OS SALINA FIELD HOUSE H. Building Construction, System Installation, and Responsibilities Visual Inspection This proposal is based upon a visual inspection of the site conditions. It is agreed that some buildings may have inherent design and/or construction that is not visibly recognizable and is outside of normal standard and customary building procedures. If the walls, floors or ceiling are found to be constructed in a manner that wire cannot be pulled or equipment cannot be mounted or otherwise installed without labor or materials in excess of those anticipated by both parties and proposed herein, the customer agrees to be responsible for any adjustments in the labor and materials required to perform the installation. Existing Conditions In facilities where Nexos is providing a sound or audio system, the Customer is responsible for providing an environment free of ambient noise and excessive reverberation and echoes. Typically, ambient noise is created by HVAC systems (Heating, Ventilation, and Air Conditioning), plumbing or other mechanical systems in the building. In general, Nexos recommends that the ambient noise sound pressure level not exceed NC35 (Noise Criteria) or 35 dB A scale. Long reverberation times and echoes are normally the result of hard wall, floor, and ceiling surfaces found in some rooms. Typically, Nexos recommends that the reverb time does not exceed 1.5 seconds where the primary use is the communication of speech. The production of other types of music may require shorter or longer reverberation times. In the event that echoes exist, absorptive or diffusive wall and ceiling panels may be required to eliminate or minimize the detrimental effects of the echoes. Nexos is not responsible for any costs related to reducing the ambient noise or modifying the acoustics of the Customer's facilities. •} �g RFP - AUDIO VISUAL EQUIPMENT FOR I N E^OS . a[o.;cfu , _• SALI NA FIELD HOUSE • Customer Responsibilities The Customer shall be responsible for: 1. The Customer shall have a representative (one person selected by the Customer) available throughout the installation to make decisions on behalf of the Customer concerning the installation. The purpose is to ensure that communication between the Customer and Nexos is accurate and responsive in the event of questions or problems that may arise during installation. 2. The Customer shall clear the facility, auditorium, or other rooms involved in the installation of all activities during the periods of installation. Nexos will work with the Customer to schedule the installation. Hours or days of work lost by the installation crew due to the inability to work as planned will be charged to the Customer based on the extra labor and expenses required. 3. The Customer shall provide a facility that is prepared for the installation of electronic equipment. This includes a clean, dust free and air conditioned environment that is secure and quiet. The customer is responsible for providing a secure job site and for the cost of loss or damage to audio, video, and lighting equipment delivered by Nexos to the job site. 4. In the event that AC electrical power is required to be installed or conduit systems are required to support the audio/video systems, it is the responsibility of the Customer, at their expense, to provide complete and adequate electrical power. 5. Providing and preparing adequate space for the location of equipment, speakers, speaker clusters, subwoofer cabinets, distributed under and over balcony speaker systems, stage monitor systems, equipment racks, control and mixing consoles, and equipment racks included in system. In the event floors are sloped or not level, the Customer is responsible for making the floor level under consoles and equipment racks. 6. Providing a clear area with adequate ventilation and air conditioning that maintains a room temperature not exceeding 76 degrees Fahrenheit in all rooms that are occupied by sound/audio/video/lighting equipment racks. Sound, audio, video and lighting equipment produces heat which must be dissipated by ventilation or air conditioning. Prolonged operation at room temperatures above 76 degrees Fahrenheit will shorten the life of electronic equipment leading to premature failure of components. Nexos is not licensed for and does not perform any AC electrical, carpentry, painting, c masonry, or carpet laying work. t9_1 RFP - AUDIO VISUAL EQUIPMENT FOR ,N^OS iiiiiissiwYi;CC�Yf CxtYJ.)�P •. SALI NA HELD HOUSE Nexos Responsibilities Nexos shall be responsible for: 1. Fabrication and installation of lighting systems 2. Recommending required AC power and conduits, to be provided and installed by the electrical contractor, for the lighting/control systems 3. Installation of low voltage wiring for lighting systems 4. Electronic testing of lighting systems 5. Initial programming of lighting systems 6. Training 7. Warranty service I. Acceptance 1. Customer personnel will be notified by Nexos upon completion of the installation. 2. Demonstration of system performance will be during the training session. 3. Participants at the performance demonstration shall include personnel representing Nexos and personnel representing Customer who are authorized to accept the system as complete and make final payment. 4. This proposal shall not be deemed as accepted by Nexos until the executed contract is returned to Nexos' credit department for final review and acceptance. 5. This proposal contains confidential pricing, design, engineering, and installation information that is proprietary to Nexos. It is provided for your private use, and is not to be disclosed, in part or in whole, without the express, written authorization of Nexos. We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please contact us at (469) 444-1176. Sincerely, Travis Brockway Nexos AV Integration travis@nexosay.com (469) 444-1176 20._ RFP - AUDIO VISUAL EQUIPMENT FOR N E^OS SALINA FIELD HOUSE System Installation Agreement Between City of Salina, Kansas And Nexos AV Integration This is to signify that the City of Salina and Nexos have entered into a contract, in the amount agreed upon in the provided documentation, for the purchase and installation of equipment and services described in the attached proposal. The City of Salina and Nexos, by and through their respective signatories to the agreement, each represent to the other that they are authorized to enter into this agreement. We do both agree to abide by the terms and conditions of this agreement. Nexos City of Salina, Kansas Authorized Signature A •hori'+ d lature Travis Brockway, Owner Ke5. Craw 6-1, AM36Y Travis Brockway, Nexos Prin ed Name and Title J March 10, 2017 Mardi 2q , 2017 Date Date $239,646.13 Contract Price ; - 21 GENERAL CLAUSES TABLE OF CONTENTS 1. APPLICATION GC-1 • 2. DEFINITIONS GC-1 a. Bid GC-1 b. Bidder GC-1 c. Change Order GC-1 d. City GC-2 e. Contract GC-2 f. Contract Documents GC-2 g. Contract Price GC-2 h. Contract Times GC-2 i. Contractor GC-2 j. Drawings GC-2 k. Engineer GC-2 1. Inspector GC-2 m. Milestone GC-2 n. Notice to Proceed GC-2 o. Site GC-2 p. Specifications GC-3 q. Standard Specifications and Test Methods GC-3 r. Substantial Completion GC-3 s. Work GC-3 3. TERMINOLOGY GC-3 a. Day GC-3 b. Defective GC-3 c. Furnish GC-3 d. Install GC-4 e. Perform; Provide GC-4 4. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED GC-4 5. BONDS GC-4 a. Performance Bond GC-4 b. Statutory Bond GC-4 6. INSURANCE REQUIREMENTS GC-4 7. PATENTED DEVICES AND PROCESSES GC-5 8. WATER, GAS AND ELECTRICITY GC-5 Revised 1-2-15 GC-A 9. PERMITS, LICENSES AND REGULATIONS GC-5 10. NOTICES GC-5 11. OBSTACLES AND OBSTRUCTIONS GC-5 a. Subsurface Obstructions GC-6 b. Surface Obstructions GC-6 c. Public Utilities GC-6 d. Trees and Shrubs GC-7 e. Sodded and Landscaped Areas GC-7 f. Privately Owned Obstructions GC-7 12. SALVAGED MATERIALS GC-7 13. MATERIALS FURNISHED BY CITY GC-7 14. BARRIERS AND LIGHTS GC-7 15. RESPONSIBILITY FOR PROPERTY DAMAGE GC-7 16. PUBLIC CONVENIENCE GC-8 17. QUALITY OF MATERIALS AND EQUIPMENT GC-8 18. WORKMANSHIP GC-8 19. PRESERVATION OF MONUMENTS AND MARKERS GC-8 20. TEST SAMPLES AND SPECIMENS GC-8 21. SPECIAL CONSTRUCTION METHODS GC-9 22. SHOP AND ERECTION DRAWINGS GC-9 23. REPRESENTATION GC-9 24. COOPERATION GC-9 25. INCIDENTAL WORK GC-10 26. FINAL CLEAN UP GC-10 27. RESPONSIBILITIES OF THE CONTRACTOR GC-10 28. SANITARY CONVENIENCES GC-I1 29. APPROVAL OF SUBCONTRACTORS GC-11 30. RESPONSIBILITY OF THE ENGINEER GC-11 Revised 1-2-15 GC-B 31. INTERPRETATION OF CONTRACT DOCUMENTS GC-11 32. INSPECTION GC-11 33. WORK AFFECTED BY WEATHER GC-12 34. CONTROL AND REGULATION OF WORK GC-12 35. USE OF COMPLETED PORTIONS GC-12 36. VARIATIONS, CHANGES AND MODIFICATIONS GC-12 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT GC-13 38. CITY'S RIGHT TO SUSPEND WORK GC-13 39. CITY'S RIGHT TO TERMINATE CONTRACT GC-13 40. PAYMENTS TO CONTRACTOR GC-14 • 41. FORCE ACCOUNT GC-15 42. EXTENSION OF CONTRACT TIMES GC-15 43. LIQUIDATED DAMAGES GC-17 44. ALTERNATES GC-17 45. CERTIFICATES OF COMPLETION GC-17 a. Substantial Completion GC-17 b. Final Completion GC-18 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD GC-18 47. MAINTENANCE OF PROJECT SITE GC-19 48. SCHEDULE A - INSURANCE REQUIREMENTS GC-21 Revised 1-2-15 GC-C CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 1. APPLICATION. These General Clauses are a part of the Contract Documents and shall be binding upon all parties, except for the parts obviously not applicable to the particular Contract, or if specifically revised, modified or supplemented by the technical Specifications, Bid, or Change Order. 2. DEFINITIONS. When the following terms are used in the Specifications or other Contract Documents, the intent and meaning shall be interpreted as follows: (a) BID. The written offer of the Bidder to perform the contemplated Work in accordance with the Contract Documents and setting forth the prices for the Work to be performed. (b) BIDDER. Any individual, partnership, firm or corporation submitting a proposal for performing the Work. (c) CHANGE ORDER. A written proposal and agreement,executed by the Contractor and City and accompanied by new surety bonds in the full amount of the change order, covering Work not included in the original Contract Documents. The City reserves the right to waive the requirements of new surety bonds. Change orders shall include such supplemental drawings and technical specifications as may be required to show the location, character, details, and extent of the additions, deletions, or modifications. If applicable unit prices for these additions or deletions are not contained in the original Contract Documents or if the total net change increases or decreases the total Contract Price more than twenty-five percent (25%) the City shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from the Contractor covering the Work involved in the change. If the proposal is acceptable, the Engineer shall then prepare a Change Order which includes a detailed description of the change in the Work, a definite statement as to the resulting change in the Contract Price and/or time, and a statement that all Work involved .in the change shall be performed in accordance with Contract requirements except as modified by the Change Order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the City may order the Contractor to proceed with the Work on a"Force Account" basis pursuant to Section 41 below. (d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or Revised 1-2-15 GC-1 through legally authorized officials. (e) CONTRACT. The written agreement covering the performance of the Work. (f) CONTRACT DOCUMENTS. Those items so designated as the "Contract Documents" in the Contract. (g) CONTRACT PRICE. The moneys payable by the City to the Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Contract. (h) CONTRACT TIMES. The number of days or the dates stated in the Contract Documents to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment. (i) CONTRACTOR. The individual, partnership, firm, or corporation executing a Contract, acting directly or through lawful agents or employees, and who is primarily liable for the acceptable performance of the Work under Contract and for payment of all legal debts pertaining thereto. (j) DRAWINGS. The working drawings, supplemental drawings, or reproductions of the drawings showing the location, dimensions, and details of the Work to be done. (k) ENGINEER. The City Engineer of the City of Salina, Kansas, or the City Engineer's designated consulting engineer. (1) INSPECTOR. An authorized representative of the Engineer or an authorized representative of the City assigned to inspect the Work performed or materials furnished by the Contractor, or all other duties required for construction of the project as set forth in the Specifications. (m)MILESTONE. A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. (n) NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work on the Contract Documents. (o) SITE. Land or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of the Contractor. (p) SPECIFICATIONS. The directions, provisions, and requirements pertaining to the method and manner of performing the Work, to the kind and type of equipment, or Revised 1-2-15 GC-2 to the qualities of materials to be furnished. (q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are hereby made a part of the Contract Documents to the same extent as if fully set forth herein. Reference to such "Standard Specifications" shall be deemed to refer to the latest standard and tentative standards as are in force on the date Bids are received. (r) SUBSTANTIAL COMPLETION. The time at which the Work(or a specified part thereof)has progressed to the point where, in the opinion of the Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that it can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to the "Substantial Completion" thereof. (s) WORK. The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the construction project required to be provided under the Contract Documents, and the carrying out of all the duties and obligations imposed by the Contract. 3. TERMINOLOGY. The words and terms discussed below are not defined but, when used in the Contract Documents, have the following indicated meaning: (a) DAY. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. (b) DEFECTIVE. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: i. Does not conform to the Contract Documents; ii. Does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or iii. Has been damaged prior to the Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City in accordance with Section 35). (c) FURNISH. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site(or some other specified location) ready for use or installation and in usable or operable condition. (d) INSTALL. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, Revised 1-2-15 GC-3 materials, or equipment complete and ready for intended use. (e) PERFORM: PROVIDE. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. When "furnish," "install." "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. 4. COMMENCEMENT OF CONTRACT TIMES: NOTICE TO PROCEED. The Contract Times will commence to run on the thirtieth day after the effective date of the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the effective date of the Contract. 5. BONDS. The Contractor shall furnish such surety bonds as hereinafter identified and described. Any and all bonds shall be so written as to make the Contract Documents a part thereof, whether by reference or attachment, in order to give the surety full notice of the conditions thereof. Each bond shall be a legally issued surety drawing in an amount not less than the total Contract Price, meeting the approval of the City and all other parties concerned as required by law as to form, tenor, execution and surety, and shall be delivered to the City, along with the executed Contract, within ten (10) days after the City's notice of award. The Contractor shall have no rights under the Contract until such acceptable bonds have been furnished and delivered. The City may waive the conditions as to time, and the acceptance of said bonds after expiration of the specified interval shall not affect the validity of the Contract or any such bonds. The Contractor shall furnish the following: (a) PERFORMANCE BOND. A performance bond, in the form provided by the City, running to the City, conditioned upon the prompt, full, and complete performance by the Contractor as principal of all covenants, obligations, and agreements contained in the Contract Documents. The performance bond shall remain in effect until completion of the two (2) year warranty period specified in Section 46 below. (b) STATUTORY BOND. A payment bond, in the form provided by the City, running to the State, conditioned that the Contractor as principal shall pay all indebtedness incurred for labor, supplies, equipment, and materials furnished in making the improvements called for by the Contract Documents. 6. INSURANCE REQUIREMENTS. The Contractor shall purchase and maintain, and shall require each of its authorized subcontractors to obtain and maintain, for the duration of the Contract, policies of insurance, providing such coverages and meeting such requirements as specified in Schedule A attached hereto. 7. PATENTED DEVICES AND PROCESSES. Revised 1-2-15 GC-4 All fees, royalties, and licenses for any patented invention, device, article, or process used in, upon, or in connection with the construction, erection, or operation of the Work or any part thereof, shall be included in the Contract Price or prices; and the Contractor shall hold the City harmless against any claim or demand for payment of such. 8. WATER. GAS AND ELECTRICITY. Water, gas, and electricity required or used on the Work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required arrangements,ascertain the applicable rates, and pay for all such water, gas,and electricity so used, unless a specified exemption is made in the technical Specifications. 9. PERMITS. LICENSES AND REGULATIONS. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. 10. NOTICES. The Contractor shall give written notice, not less than twenty-four (24) hours before breaking ground for the project, to all persons in charge of any property that may be affected by the Work or related operations. The Contractor shall not hinder or interfere with any persons performing Work as required to care for and protect property from possible damage during construction of the proposed improvements. The Contractor shall notify the Engineer or Inspector prior to beginning, suspending, or resuming operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 11. OBSTACLES AND OBSTRUCTIONS. Natural obstructions and publicly owned existing facilities and improvements encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the Drawings. Care shall be used while excavating, trenching, or performing other Work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at the Contractor's expense. All Work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the City and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. Unless otherwise provided in the Bid, no separate or additional payment will be made for any Work in connection with removal, relocation, or restoration of obstructions and existing facilities. (a) SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and services, gas mains and services, storm drains and pipe culverts, underground conduits,cables,and similar buried obstructions. The drawings indicate the general location of certain utilities and facilities; the Contractor shall make a reasonable Revised 1-2-15 GC-5 effort to ascertain the existence of obstructions by inquiry and examination of public and private utility maps, and shall locate obstructions by digging in advance of machine excavation where definite information is not available as to their exact location. Where such facilities are unexpectedly encountered and damaged, responsible officials and other affected parties shall be notified and proper arrangements made for the prompt repair and restoration of service, subject to the requirements of Section 11(c) below. (b) SURFACE OBSTRUCTIONS. Sidewalks, curb and gutter, drainage structures, and similar obstructions may be tunneled under if the length of tunnel sections at pipe is not more than eight feet; otherwise the obstruction shall be cut in straight lines parallel to the pipeline, or removed to the nearest construction joint if located within five feet of the centerline of the trench; provided that, in no case shall the joint or line of cut be less than one foot outside the edge of the trench. Surface obstructions removed to permit construction shall be reconstructed as specified for new construction, or if not specified, in accordance with accepted standard practice and to the dimensions, lines, and grades of original construction. Backfill of tunnel sections shall be rammed in place as directed. (c) PUBLIC UTILITIES. Public utility pipelines, poles, cables, conduits, and wires which interfere with construction shall, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible to bypass or work around the facility, the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. The cost of such removal or relocation work shall be borne by the City,provided that the facility to be removed or relocated has been installed at a specific location and specified depth under terms written in the franchise; otherwise all costs shall be borne by the utility company. The City shall notify the utility company in writing of the approximate date on which construction Work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation Work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation Work has not been accomplished prior to construction at the location, the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. (d) TREES AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without resorting to hand methods of excavation, and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. (e) SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas such as Revised 1-2-15 GC-6 parkings on or adjacent to improved property shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location, the trenches and other disturbed areas shall be carefully hand raked to allow the private property owner to re-seed grass or otherwise maintain the area. (0 PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on public property, such as fences, small buildings, or similar obstructions, will be removed by their respective owners upon notification from the City. Should progress of the Work be unduly delayed through such procedure, the Contractor may remove, relocate, or reconstruct portions of fences at the Contractor's own responsibility and expense, or by separate negotiation with the respective owner. 12. SALVAGED MATERIALS. All salvaged materials not the property of other parties or required for new construction shall remain the property of the City. The Contractor shall handle, transport, and store such salvaged materials at designated points or locations at no additional cost to the City. The Contractor shall be responsible for the care and protection of such materials until delivered to the designated location; and the Contractor shall make good any losses occasioned by damage, theft, or misappropriation while the materials are on the work site or in route to the place of storage. 13. MATERIALS FURNISHED BY CITY. All materials, supplies, or equipment furnished by the City for incorporation in the Work shall be handled and transported by the Contractor at the Contractor's expense from cars, warehouses, or yards where received or stored by the City. The Contractor shall include in the Contract Price or prices all costs in connection with handling, sorting, protecting, and installing all such materials, supplies, or equipment furnished by the City, and shall make good all losses and breakage due to carelessness or negligence while same are in the Contractor's possession. 14. BARRIERS AND LIGHTS. As required to prevent accidents to the general public and to workers, the Contractor shall provide all materials and labor to erect and maintain fences, barriers, barricades, and warning signs: provide and maintain flares, lanterns, and lights. 15. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to buildings, structures, trees, shrubbery, or other property located outside the construction limits, or located within those limits but not designated for removal or reconstruction, providing such damage shall result 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 the Work. 16. PUBLIC CONVENIENCE. During the progress of the Work,the convenience of the local public and of residents along the Work shall be considered and, where possible, their rights of access shall be preserved. Revised 1-2-15 GC-7 Temporary driveways, approaches, and crossings shall be provided where practicable and maintained in good condition. Construction materials shall be so stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; fire hydrants shall remain ready for immediate use by the fire department. 17. QUALITY OF MATERIALS AND EQUIPMENT. All materials shall meet the requirements of the technical Specifications or, if not specified, shall meet the generally accepted commercial standards for such materials when used for the intended purposes. No materials shall be incorporated in the Work until they have been examined and approved by the Inspector, nor shall construction equipment be used which has not received the Inspector's approval. All rejected materials and equipment shall be removed promptly from the site. Wherever in any of the Contract Documents an item of material or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted, shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturers' products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 18. WORKMANSHIP. All improvements shall be constructed in a neat and workmanlike manner. Improper or defective Work shall be corrected and if necessary removed, replaced, or reconstructed to comply with the plans and Specifications. The Contractor shall be held responsible for the quality of the entire Work; should the Contractor refuse or neglect to remedy defects when ordered to do so, the City may require the condemned portions to be replaced, restored, repaired, or reconstructed at the expense of the Contractor or the Contractor's surety. 19. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments, benchmarks, and markers of the local, state, or federal government, and shall not excavate within five (5) feet of any of them without specific permission of the Engineer or Inspector. 20. TEST SAMPLES AND SPECIMENS. Properly identified test samples and specimens shall be submitted by the Contractor in ample time to permit tests to be conducted, and results determined, well in advance of the time such materials are to be incorporated in the Work. Samples and specimens shall be submitted in standard or ample sizes and quantities for the determination of all specified tests, and shall be shipped charges prepaid to an approved testing laboratory. Commercial laboratories shall be instructed to distribute copies of test results to the Contractor, City, Inspector, and Engineer. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. No charges will be made for tests performed by the Engineer or his inspectors. 21. SPECIAL CONSTRUCTION METHODS. Revised 1-2-15 GC-8 The Engineer or Inspector may assent to special methods of construction or means of prosecuting the Work other than as provided or stipulated in the technical Specifications, but his assent or his presence on the Work while such special methods are in use shall not constitute a waiver of the Contract, or any part thereof, by the City. Nor shall the fact the Engineer may have seen Work executed which later is found to be defective, nor shall any act of his assistants or inspectors,constitute a waiver of any part of the Contract. The Contractor shall be held responsible for the quality of the entire Work. 22. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for review to the Engineer six copies of all shop and erection drawings for structural and reinforcing steel, special drawings, and layouts for equipment or machinery to be furnished under the Contract, and any similar or supplemental drawings required for prosecution of the Work. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from Drawings or Specifications, nor shall it relieve the Contractor from responsibility for errors of any sort in shop drawings or schedules. 23. REPRESENTATION. The Contractor shall be represented on the Work at all times by a competent superintendent, satisfactory to the Engineer or Inspector and capable of reading and understanding the Drawings and Specifications. The superintendent shall have full authority to employ required workers, order materials, arrange for construction equipment, and otherwise represent or act on behalf of the Contractor; any direction given to the superintendent by the Engineer or Inspector shall be as binding as if given to the Contractor. 24. COOPERATION. The Contractor shall give to the Work the constant attention necessary to facilitate the progress and shall cooperate in every possible way with the Engineer or his Inspectors, with the City, and with other contractors or constructors concerned in the Work. The Contractor shall plan and schedule the Work to the mutual benefit of all interested parties and shall perform the Work in accordance with the agreed schedule. In case of controversy, the Engineer will allocate the Work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the Contract by the City. 25. INCIDENTAL WORK. All Work to be done by the Contractor as shown on the Drawings and described in the Specifications, including any and all minor details not specifically shown or described but obviously essential to the proper completion of the Work, shall be considered as subsidiary to, and included with, the Work for which prices are named in the Contract Documents. The Contractor shall not be entitled to any extra or additional compensation for such incidental Work unless otherwise specified. Revised 1-2-15 GC-9 26. FINAL CLEANUP. Immediately upon completion of the Work or any usable unit, the Contractor shall remove all surplus or unused materials from the vicinity of the Work, leaving the entire site in a clean, sightly, and pleasing condition, conforming to the grades and contours shown on the Drawings or designated by the Inspector. 27. RESPONSIBILITIES OF THE CONTRACTOR. All Work shall conform to the technical Specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions shown on the Drawings or given by the Inspector. Before commencing Work, the Contractor shall be responsible for ensuring the correctness and meaning of all stakes and marks. No claim will be entertained for, or on account of, alleged inaccuracies unless the Contractor notifies the Engineer or Inspector thereof in writing before commencing the Work. The Contractor under the Contract Prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or otherwise furnished as specified, and shall perform all operations necessary to construct and complete the improvements, ready for use, including all preparatory, temporary, and incidental Work. The Contractor shall be responsible for the protection of all Work under the Contract; any Work or materials damaged or impaired from any cause prior to final acceptance of the completed whole shall be restored or reconstructed by the Contractor at the Contractor's sole expense. All losses or damages arising from the nature of the Work to be done, from the action of the elements, or from unforeseen circumstances or difficulties, shall be sustained by the Contractor; such losses or damages shall not relieve the Contractor of responsibility to fulfill the Contract and to deliver a completed Work in accordance with the Contract Documents. The Contractor shall provide the Engineer and his representatives free access to any and all parts of the Work, whether within the construction limits or at any place where material intended for incorporation in the project is procured, produced, or manufactured. The Contractor shall furnish all required information relating to the Work or materials, including copies of invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist in, the final inspection of the project and shall furnish all labor and equipment required for final tests. The Contractor shall furnish all stakes, batter board, straight-edges, and grade string and shall furnish workers to set them under the direction of the Inspector. The Contractor shall notify the Inspector at least 48 hours in advance, stating where stakes are wanted, before requiring stakes on any section of the project. After construction stakes are set, the Contractor shall preserve them. Any Work done without lines and grades as given by the Inspector, or without supervision of any authorized representative of the Engineer, may be ordered removed and replaced at the expense of the Contractor. 28. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of the Contractor's employees and shall maintain the same in a clean and sanitary condition. The Contractor shall not create or permit any nuisance to the public or to residents in the vicinity of the Work. Revised 1-2-15 GC-10 29. APPROVAL OF SUBCONTRACTORS. The Contractor shall file with the City and the Engineer the names of all subcontractors to whom the Contractor expects to sublet any portion of the Work, and shall not change subcontractors without written approval of the City and the Engineer. The approval of subcontracts shall not relieve the Contractor of any liabilities under the Contract. Should any subcontractor fail to satisfactorily perform its portion of the Work, the City may annul and terminate the contract of such subcontractor. 30. RESPONSIBILITY OF THE ENGINEER. The findings and determinations of the.Engineer on all questions pertaining to materials and workmanship or as to interpretation of the Drawings and Specifications shall be final and binding on all parties to the Contract. 31. INTERPRETATION OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as though called for by all. In case of actual or alleged disagreement or discrepancy between the Contract and the Drawings or Specifications, the language and provisions of the Contract shall take precedence and prevail; if between the Drawings and Specifications, the Engineer will determine in each case whether the Drawings or Specifications shall rule and govern. 32. INSPECTION. . The Inspector shall inspect all materials to be incorporated, construction equipment to be used, and all Work to be performed under the Contract. Such inspection shall extend to any and all parts of the Work and to the preparation or production of all materials to be incorporated. All sampling of Work shall be done by, or in the presence of, the Engineer or his representatives. The Inspector will conduct field tests on Work and materials whose physical characteristics and general suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate from or to relax the Specifications without written permission of the Engineer or to delay the Work by failing to inspect or field test any of the Work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress, and will prepare such progress reports as required during construction and at monthly intervals will prepare, and submit to the City, periodic payment estimates based on the amount and value of all Work performed to date by the Contractor. 33. WORK AFFECTED BY WEATHER. The Inspector may order such parts of the Work suspended should the weather or season be such that any part of the Work cannot be done properly and with due regard to durability, finish, or appearance. The Contractor may be required to protect the several parts of exposed Work from damage by the elements or other causes. 34. CONTROL AND REGULATION OF WORK. Revised 1-2-15 GC-11 The Engineer or Inspector shall have the authority to exercise their judgment and initiative in the control and regulation of the Work. The Engineer or Inspector may regulate the amount of Work open or under construction in advance of completed portions and require the Contractor to place materials and perform Work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. 35. USE OF COMPLETED PORTIONS. The City shall have the right to take possession of and use any completed portion or usable unit of the Work at any time, but such possession and use shall not be deemed an acceptance of any Work not constructed or completed in accordance with the Contract Documents. If such prior use delays the completion or increases the cost of the Work, the Contractor shall be entitled to such extension of time or extra compensation; or both, as the Engineer may determine. The City, in taking possession prior to final acceptance, shall agree to abide by the Engineer's decision relative to responsibility for damages to the Work during the period of such prior possession and use. 36. VARIATIONS. CHANGES AND MODIFICATIONS. The Work contemplated in the Contract Documents may be subject to such changes as normally occur during construction. The Engineer, as authorized by the City, may order minor variations in the Work, provided such variations are consistent with the intent of the Drawings and Specifications, and improve or expedite the Work. The Engineer may, without written order or other formality, correct obvious errors in the Drawings and Specifications or make such minor adjustments as are required to adapt the Work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the Drawings and Specifications, and do not materially affect the total Contract Price. The City reserves the right to make such changes in the Drawings, the Specifications, and other changes in the Contract quantities as may be considered necessary or desirable; provided such changes, alterations, and modifications are affected legally and in accordance with the following procedures. No Work may be performed under any Change Order until all documents have been approved by the Engineer and executed by the contracting parties. After such approval and execution, all Work included shall be subject to the terms, conditions, and provisions of the original Contract Documents, except as otherwise specifically stipulated. In case a satisfactory adjustment in price or other basis cannot be obtained; the Work may be ordered done by force account. 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If, through no fault of the Contractor, the Work be stopped for a period of three months or more under order from any court or other public authority; or if the Engineer fails to issue any estimate for payment within fourteen (14) days after the due date; or if the City fails to pay to the Contractor within ten (10) days after due presentation any sum certified by the Engineer or awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the City and to the Engineer, stop Work or terminate the Contract and recover from the City full payment for all Work properly executed, together with invoice cost of unincorporated materials purchased by the Contractor or on irrevocable order plus the actual cost of handling and storing said materials, provided said handling and storing cost does not exceed five percent (5%) of the invoice cost. Revised 1-2-15 GC-12 38. CITY'S RIGHT TO SUSPEND WORK. The City may suspend Work on any or all parts of the Work pending settlement of disputes on any point of controversy. The Contractor will not be entitled to any claim for loss or damage by reason of such delay; nor shall the Contractor be entitled to any extension of time for completion of the Contract, except at the City's option. 39. CITY'S RIGHT TO TERMINATE CONTRACT. (a) The occurrence of any one or more of the following events will justify termination for cause: i. The Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment); ii. The Contractors persistent disregard of laws, ordinances, or regulations, or the directions of the Engineer; or iii. The Contractor's violation in any substantial way of any provisions of the Contract Documents. (b) If one or more of the events identified in Section 39(a) above occur, the City may, after giving the Contractor and its surety ten (10) days written notice of its intent to terminate the services of the Contractor, terminate the Contract or the Contractor's right to complete the Contract, and: i. Exclude the Contractor from the Site, and take possession of the Work and of all the Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); ii. Incorporate in the Work all materials and equipment stored at the Site or for which the City has paid the Contractor but which are stored elsewhere; and iii. Complete the Work as the City may deem expedient. (c) If the City proceeds as provided in subsection (b) above, the Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court costs) sustained by the City arising out of or relating to completing the Work, such excess will be paid to the Contractor. If such claims,costs, losses,and damages exceed such unpaid balance, the Contractor shall pay the difference to the City. When exercising any rights or remedies under this Revised 1-2-15 GC-13 section, the City shall not be required to obtain the lowest price for the Work performed. (d) Notwithstanding the foregoing, the Contractor's services will not be terminated if the Contractor begins within ten(10)days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty (30) days of receipt of said notice. (e) If the Contractor's services have been terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 40. PAYMENTS TO CONTRACTOR. Five days prior to the City's first regularly scheduled meeting of each month a periodic estimate,based on Work completed or on receipted invoices for approved materials and equipment stored at the project site, shall be prepared by the Engineer. Periodic estimates for a lump sum Contract will be based on an itemized breakdown of all Work included in the Contract, prepared by the Contractor, and submitted to the Engineer for approval prior to preparation of the initial periodic estimate. The breakdown shall include all costs in connection with each major classification of construction items and shall show quantities, unit prices and extensions, the sum of which shall be the total amount of the Contract. In making partial payments, ten percent (10%) will be retained from each payment. Upon the Engineer's certification of the Project's final completion and readiness for final payment pursuant to Section 45(b)below,the Owner shall make payment of retainage. In measuring Work for payment the actual length, width, depth, area, contents, or number shall be considered, and the length shall be measured along the centerline of the Work whether straight or curved. No extras of any kind will be allowed unless covered by written order or agreement specifically describing such extras. 41. FORCE ACCOUNT. Where it is specified, or agreed during the course of the Work, that any portion of the construction shall be done by "force account," the Contractor shall keep an accurate record of all materials, labor, and equipment used and shall furnish the Inspector a copy of each day's record within twenty-four (24) hours to permit an accurate check thereof. The City shall pay for such construction at the actual cost to the Contractor of materials and labor, including the costs of insurance, social security, taxes and bonds, chargeable to this portion of the Work; plus fifteen percent (15%) for superintendence, overhead, and the use of tools and appliances. The use of equipment on such construction shall be paid for at rental rates recommended by the Association of General Contractors, modified for Kansas by the Kansas Department of Transportation; such price and payment being full compensation for all costs in connection with operation, repair, maintenance, overhead, depreciation, and profit. Revised 1-2-15 GC-14 42. EXTENSION OF CONTRACT TIMES. (a) DELAYS CAUSED OTHER THAN BY WEATHER. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the City, or of a separate contractor employed by the City; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's reasonable control that the Engineer determines may justify delay, excluding the occurrence of unusually severe weather at the Site, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer may determine, if such adjustment is essential to the Contractor's ability to complete the Work within the Contract Times. Notwithstanding the foregoing, the Contractor acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay: (1) is not cased, could not have been reasonably anticipated and mitigated, by the Contractor; and (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay. If the delay is due to causes beyond the reasonable control of the City, an extension of the Contract Times shall be the Contractor's sole and exclusive remedy for the delay. (b) DELAYS CAUSED BY WEATHER. i. The Contract Times may be extended by Change Order due to the occurrence of unusually severe weather if the Engineer determines that the following conditions have been satisfied: 1. The weather experienced at the project Site during the Contract period must be found to be unusually severe, as evidenced by weather that is more severe than the adverse weather anticipated at the Site during any given month; and 2. The unusually severe weather must actually cause a delay to the completion of the Work. The delay must be beyond the control and without the fault or negligence of the Contractor. ii. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project Site and will constitute the baseline for the Engineer's monthly evaluations of the Contractor's entitlement to an extension of the Contract Times under this Section. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities for the duration of the Work. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON FIVE-DAY WORK WEEK* Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec (10) (6) (4) (5) (5) (6) (5) (4) (5) (4) (3) (7) iii. Upon acknowledgment of the Notice to Proceed and continuing throughout the Revised 1-2-15 GC-15 duration of the Contract,the Contractor shall record daily the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical path activities for fifty percent (50%) or more of the Contractor's scheduled work day. On or before the 10th day of each month,the Contractor shall provide the Engineer with written report of its proposed dates of actual adverse weather delay days for prior month. The report shall: (1) list the number of actual adverse weather delay days and include days impacted by actual adverse weather(even if such adverse weather occurred in previous month); (2) be calculated chronologically from the first to the last day of each month, and be recorded as full days; and (3) include documentation and all details reasonably available to demonstrate the nature and duration of the delays and their effect on the critical path activities. If the number of actual adverse weather delay days exceeds the number of days anticipated in subsection (b) above, the Engineer will convert any qualifying delays to calendar days and the Contract Time shall be extended by Change Order. After the original Contract Times have expired, adverse weather that causes delay to the completion of the Work will be granted day-for-day without deducting anticipated adverse weather delay days and will be converted from work days to calendar days. iv. Monthly anticipated weather delay days shall be adjusted proportionally if Work is scheduled to be performed greater than or less than five (5) days during any work week. The following formula shall be used to adjust the monthly anticipated weather delays: Adjusted monthly anticipated weather delays = A multiplied by (B divided by C); where A = The monthly anticipated adverse weather delay for a particular month based on a five-day work week. B = The actual average number of days work is scheduled to be performed in a work week during that particular month. C = The number five (5). Example - If the monthly anticipated adverse weather delay for January based on a five day work week is 10 days, but the Contractor actually scheduled an average of a 6-day work week for that month, the monthly anticipated weather delay would be adjusted by applying the above formula as follows: 10 x (6/5) = 12 days. Monthly anticipated weather delay days shall also be adjusted proportionally for those situations involving a fractional part of a month. The following formula shall be used to adjust the monthly anticipated weather delays: Adjusted monthly anticipated weather delays = D multiplied by (E divided by F); where D = The monthly anticipated adverse weather delay for a particular month. E = The number of calendar days during that fractional part of a particular month. F = The number of calendar days in that particular month. Revised 1-2-15 GC-16 Example - The monthly anticipated adverse weather delay for the particular month is 9 days. The original contract completion date is on the 20th day of a 30-day month. The monthly anticipated adverse weather delay would be adjusted by applying the above formula as follows: 9 x (20/30)= 6 days. 43. LIQUIDATED DAMAGES. In the event the Contractor shall fail to complete any portion of the Work within the applicable Contract Times, then the City shall be entitled to deduct liquidated damages, in the amount set forth in the Contract, from any sum or sums due the Contractor in final settlement between the parties. In addition, the Contractor shall be held liable for and shall pay the wages of the Inspectors on the Work after said time limit has expired, which wages shall be deducted from any amount found to be due the Contractor on such final settlement. Nothing herein contained shall be deemed to be a waiver of the right of the City to insist upon the timely performance of the Contract, or to prevent the City from looking to the sureties of the Contractor for any and all damages caused by any such delay, or as a consent to or waiver of any abandonment of the said Work by the Contractor, either before or after the date fixed by completion. 44. ALTERNATES. To receive consideration for any proposed alternate for material, equipment, or item specified in the Contract Documents, the Contractor shall submit a full description of the proposed alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the purpose of evaluation and approval. 45. CERTIFICATES OF COMPLETION. (a) SUBSTANTIAL COMPLETION. When the Contractor considers the entire Work ready for its intended use, the Contractor shall notify the City and Engineer in writing that the entire Work is substantially complete and request that the Engineer issue a certificate of Substantial Completion. If the Engineer considers the Work substantially complete, the Engineer will execute and deliver a certificate of Substantial Completion, which shall fix the date of Substantial Completion and shall be accompanied by an attached "punch list" of items to be completed or corrected before the Work is deemed completed and ready for final payment. The certificate of Substantial Completion shall also provide for the division of responsibilities, pending final payment to the Contractor, with respect to security, operation, safety, and protection of the Work, maintenance, utilities, insurance, and warranties and guarantees. (b) FINAL COMPLETION. After the issuance of a certificate of Substantial Completion, and upon written notice from the Contractor that the entire Work is completed and ready for final payment, the Engineer will promptly make a final inspection. If the Contractor has, in the opinion of the Engineer, satisfactorily completed the Work, including all punch list items, the Engineer will execute and deliver a certificate of final completion, which shall fix the date of final completion and readiness for final payment. The final completion date will also serve as the commencement date for the two-year warranty period pursuant to Section 46 Revised 1-2-15 GC-17 below. 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD. If within two years after final acceptance (as indicated on the Certificate of Completion provided pursuant to Section 45 above)of the Work as a whole, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions: (a) Correct such defective Work; or (b) Repair such defective land or areas; or (c) If the defective Work has been rejected by the City, remove it from the Site and replace it with Work that is not defective; and satisfactorily correct or repair, or remove and replace, any damage to other Work, to the work of others, or other land or areas resulting therefrom. If the Contractor does not promptly comply with the terms of the City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Al! claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others) will be paid by the Contractor. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this section, the warranty period hereunder with respect to such Work will be extended for an additional period of two years after such correction or removal and replacement has been satisfactorily completed. The Contractor's obligations under this section are in addition to any other obligation or warranty, and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations or repose. 47. MAINTENANCE OF PROJECT SITE. The Contractor shall be responsible for keeping a neat and orderly job site. Locations for storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover crops necessary for erosion control shall be kept under 12" in height and trimmed away from pavements, curbs, and sidewalks. The Contractor shall perform corrective maintenance promptly upon notification from the Inspector. Revised 1-2-15 GC-18 GENERAL CLAUSES - SCHEDULE A INSURANCE REQUIREMENTS (Construction Services) Pursuant to Section 6 of the Contract and Section 6 of the General Clauses, 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 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. 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 Contract. 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 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 Revised 1-2-15 GC-20 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. 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 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 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. Professional/Errors & Omissions Liability. The Contractor shall maintain professional liability insurance covering errors and omissions, including coverage for economic damages arising from the professional services provided by the Contractor under the Contract, with limits of insurance not less than: Each occurrence $1,000,000 Policy aggregate $1,000,000 The policy may not contain separate restrictions for: • Pollution related losses arising from the insured professional services; or • Provisions which would limit the scope of coverage for service performed under the Contract in subsequent renewals of the professional liability insurance during the performance period or during the five (5) year period after the completion of Work under the Contract. In the event coverage is provided on a claims-made basis, the professional liability insurance shall be maintained for a period of not less than two (2)years after completion of the Contract or, in lieu thereof, the Contractor shall purchase tail coverage (extended reporting period). Revised 1-2-15 GC-21 E. 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 $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 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. Revised 1-2-15 GC-22 Premium $7,789.00 City of Salina, Kansas PERFORMANCE BOND "CONTRACTOR"(Name and Address): "SURETY" (Name and Principal Place of Business): Nexos, LLC The Ohio Casualty Insurance Company 305 A. S. SH342 62 Maple Avenue Red Oak.TX 75154 Keene.NH 03431 CITY": "PERFORMANCE BOND": City of Salina Bond Number: 070024544 P.O. Box 736 Bond Amount: $239,646.13 Salina. KS 67402-0736 Bond Date*: March 10.2017 *not earlier than Contract date stated below I. The Contractor has, on the 23rd day of February 2017, 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: Design, Supply and Installation of an Audio-Visual System and Equipment for the Salina Field House (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 part and notify the City citing reasons therefore. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Performance Bond three (3) business days after receipt of written notice from the City to the Surety demanding that the Surety perform its obligations under this Performance Bond, and the City shall be entitled to enforce any legal or equitable remedies available to the City. If the Surety' proceeds as provided in subparagraph 5.4, and the City refuses the payment tendered or the Surety has denied liability, in whole or in part, the City shall be entitled without further notice to Surety to enforce any legal or equitable remedies available to the City. 7. After the City has terminated the Contract or the Contractor's right to complete the Contract, and if the Surety is proceeding under subparagraph 5.1. 5.2, or 5.3 above, then the responsibilities of the Surety to the City shall not be greater than those of the Contractor under the Contract, and the responsibilities of the City to the Surety shall not be greater than those of the City under the Contract. To the limit of the amount of this Performance Bond, but subject to commitment by the City' of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 7.1. The responsibilities of the Contractor for correction of defective or unsuitable work and performance and completion of the Contract; 7.2. Additional legal, design professional, and delay costs incurred by the City as a result of the Contractor's Default, and as a result of the Surety's actions or failures to act under Paragraph 5 above: 7.3. Liquidated damages as specified in the Contract, or, if no liquidated damages are specified in the Contract, actual damages incurred by the City as a result of delayed performance or non-performance of the Contract by the Contractor or the Surety; and 7.4. Payment of all unpaid and due and owing fees or payments owed to the City under the Contract at the time of the Contractor Default. Revised 1-2-I5 PB-2 8. To the extent of payment to the Surety of the Balance of the Contract Price, the Surety shall defend, indemnify, and hold harmless the City from all claims, suits, causes of actions, and demands (including all costs of litigation and reasonable attorneys' fees), which are brought against the City by the Contractor or any other party and which arise from or by reason of payment to the Surety the Balance of the Contract Price. 9. The Surety hereby waives notice of any change or modification to the Contract, including changes of time, or changes to related subcontracts, purchase orders, and other obligations. 10. Any proceeding, suit, or claim, legal or equitable, under this Performance Bond shall be instituted in the Saline County, Kansas District Court and shall be instituted within two years of the date on which the Surety refuses or fails to perform its obligations under this Performance Bond, in accordance with Paragraph 5 above. 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 1 above, including all related contract documents and changes thereto. 13.3. "Contractor Default' shall mean the failure of the Contractor to perform or otherwise comply with the terms of the Contract. (Signature Page Follows) Revised 1-2-15 PB-3 IN TESTIMONY WHEREOF. the Contractor has hereunto set its hand, and the Surety has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized to do so, as of this 10th day of March . 2017 . CONTRACTOR AS PRINCIPAL SURETY By: =�� The Ohio Casualty Insurance company Signature C Surety's Name and Corporate Seal Travis Brockway Print Name Owner By: Title • Siem (Attach Power of Attorney) David K. Mahler Print Name Attorney-In-Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised I-2-15 PB-4 Premium: Included City of Salina, Kansas STATUTORY PAYMENT BOND (Pursuant to K.S.A. § 60-1111) "CONTRACTOR" (Name and Address): "SURETY" (Name and Principal Place of Business): Nexos, LLC The Ohio Casualty Insurance Company 305 A. S. SH342 62 Maple Avenue Red Oak, TX 75154 Keene, NH 03431 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 070024544 P.O. Box 736 Bond Amount: _ 5239,646.13 Salina, KS 67402-0736 Bond Date*: March 10, 2017 *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 23rd day of February 2017, 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 asbesign, Supply and Installation of an Audio-Visual System and Equipment for the Salina Field House • (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. 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 10th day of February sugit 2017 CONTRACTOR AS PRINCIPAL SURETY By: sal."'"-- The Ohio Casualty Insurance Company Signature Surety's Name and Corporate Seal Travis Brockway Print Name Owner By: Title Signature (Attach Power of Attorney) David K. Mahler 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 THIS:P,OWER O_F ATTORNEY l&NOLVALID.UNLESS'IT IS�PRINTED:ON:RED:BACKGROUND: ✓ tThiUP v r of Att_wney lim b acts tho unamed herein they have no except the manner.and >v herin�dl76i -/1�/vU�.� -, ._.i\.-� s✓i=,=f✓�--vvCertifvat✓ ivxi✓� -r ^�i- -r--1-- .��^.��->i\U'be Mutual`InsuranCeCom an .'v��.ia^�%�-�'r�-^"\^'�.- ^✓�\i-\� �^wv.�-v..._r ✓`�v^v�-^v�-�rty� .�vvi\ p-�y,-^^!•�� r_ =r:�\f--\ --_., --� i\i^^ �v�w-'��TheOfiioCasual' InsuranceCom an lti\ -WestAmencanjnsurance.Com n v;:----/'� ice.:-_. ,r_ ___,----^-----"--'; -v, v-��\"- ✓Y�v�>/v-\=/ice-/tiv/-_-_, - -�v� ✓==`,%-`:^ � vr✓u- �✓� _ .---- vim�� Z=v=✓% ✓�^=^- ; N✓\ ,'� POWER=OF ATTORNEY ;v � v �-�/v/ ..-.� ....„--...--._.--„c„. ..,...,........-....,-..„--,..-- ./ rte. .�v -.�v��---,-� N KNOWNALL.PERSONS,BY THESE.PRESENTS:That The'Ohid Casualty-nsurance Companyis.a.corporatiomduty orgy ized Gunder the:laws.of the State.of:New:Hampshue„ttlat `iDen r.,..,lylnsuranvCompany,s-mrporatwli duty organized'_uMe)^.the9awspf_Ne'Sta^e of Massachuutts;pnd; .-r-Anre 'rn\ura^:Compaznq i-. rwrpora�mda Norganizedunder the laws of theState of-Indiana(herein collectively called the,Companies).pursuant to.and.by authority:herein set forth-does hereby.name,constitutte andappoint -'David 7-DrumK David KMahler � = ✓ -'� = ���-.e - � � _ ::J\/V'\-lam✓\-/\/\%\/ l-% —`/�-1- -n5----11- .�..3 E -- z..:7,---- ---- -.--..=,--- - �/�aA of theaty,oi-Foster.Clty✓�state 61:CA7-:- '�\_. each individually if there be more than one named its We;and lawful attorney-ln-fad to make,execute;seat;ackrioA4edge�,� and deliver; _annddd on its behalf as ssuret and as its as and d any and all undertalungs;bonds rewgruzances and other suretyobfigabims;in pursuance of these presents and shall v Abe as binding upon the Companies as if they have been duly signed by the president-and attested by the secretary of the Companies in their o vn proper person-�^v� Rtu ^ md oa� vNTN SS.WHEEOF this Power of A omeyhasbeen sbsscnbedby an authorized officer orwl of the Companiesar the a po ate.sealthe Companies nvV� . .thereto thiS�isiday ot�Februarv� .2077.!�%i. .-✓' - : --,�, 1�/-✓\- �- Jamil INSLs9 �A♦`1M5Uq,�r—' L!^WSIJR4 "�/.r v '\./� :_6 �W11\_/�i� i\ /ns/� 1� t ` --Cr. - ; -. <o 15 art` n er _ The Ohro Casualty Insurance Compan`Jv ti ; `\y c E �\. no , < 6 f ^f,l - ^ ✓vim-.;^Lberty Mutual.Insurance:Compan *v`, k, ; � X91 f o >. ' 191z,-, : . r1991� i; ,-� .1. -�..�. .-..✓•/\� - y��r_...-...----- ...y \ viii i - ; -lir- a ; M_ $ �✓-^`�Zrc f _ ___v`,�/\w�.JWest ncan:Insurance Compan ,_,_,,z,.,,•_--_,•--"-^--- �N. w .J `- \.t `jam^*^`./Vv-✓✓v\v_.^ C'�.=-,--- B.V ,Ra'K=���✓�v�v��•/�v k_ ^C n• ^ '�'�'\✓s�,Zti 1.7:,-,r �r r, v, `David M.Care ,Assistant Secretary ` STATE OF,�PENNSYLVANIA til sr- --\/-- v^ _--_- v v—w u :COUNTYOFMONTGOMERY,�� tiv -ti f, _fC-�✓ ,��✓ ., �,'� : p 9 O te r. ..�.v .\. �✓�' . --�✓--�..v� i' I 2 :On th�lst✓day of February------N--r--201 7.before me peisonalryappeared David M Carey;who`acknowledgedhimselfte the Assistant Secretary of Liberty Mutual.Insurance; O li 4y ,Company The:Ohio.Casualty,Coor pang aid We_sttAAmerican InwranceiCompany,,and:that:Ae,=as:such being:authorued:wito:do;.execute:the:foregoin mstrumentfoT,Neipurposes; j, p? thm co `erem contained by sgning on behalf off�e:corpora/tions b:himself as a du audwnzed otiicer.�=f v�' d- d� iN WITNESS WHEREOF,Lhave Hereunto subscribed my,name and afizedmy.rrotanal seal Kiig of Prussla;BennsyNania;on the dayanH year.first atiove written. O 71., `�/�.� rv��v--ate w �� t' !D /.��../ � 4,..7:-.-/;\,..,..,--....c---,' / COMMONYIEALTH OP PENNSYLVANIA"/ f f �� .��-f�� C W f� Jl% 4- .Yl w LGA PNorahal Seal.-/��—. : _L l� �i�/A/A 1.- C- r C N W./�^'j. -� o��1i v. �� uari PTwp Notary o�-�By:. ,✓ - ti �'- @ d ,__-` "✓✓�Tf� %�oF\\/i $ Upper Merin Twp:M s Marchry.rouncy -N-----`-7-V-- Teresa Paste a.No a PUb4c%1:1�/�/� O . w�:- --11----Ito--------.-I--S---"--%- `v/�� --. M Commission Ea i s Marts 28:24\7_ "\� v v ury.v v 2 �0‘p' E \/�%�✓'.1... v � '� ^�Mem�e[PmviN•erie Aswrlatiari of Notariea�"•M1/ / e;m This:Power:of:Attorney is_%.--,and:execated.pursuant!fol and y-authority_of the following Bylaws and:Authorizations•o-S_S' lo.Casualtylnsurance.Companydibeny.Mutuat% :ova yI\n_s/uranvCompa\y;and- �American Company which..resolutionsm fuli\o�roeand effedreading,as follows ^ ` w.Q rod ARTICLE NV FFICERS`Sid o✓12vPower of Attomeyr. Mya`Lcerof oterofriiaal of the,Corporation authonzed fothat purpose inwnlig by.theC�hamnan PN reorreesldent,ardw subject oQ •d tosuch fimlaron as the Charcc -, the President may✓prevbeshag appoint such attorneys-in-fact as maybe necessary-to act Inbehalf of.the.Corp`abo\n to roar- a -r- �. O E .acknowledge and deliver as surety any�and allundeilahngs bonds,remgnizances and other.surety obligatrons Such attorneys fact,subled to the 6mfations set forth in their-it's-pad 'o; E a• `pow sof attorney,l all have fulll power to bind.Ne�Corporatwn.by thea signature and execution of any such insW rnentsand to,attach theret---..----,---,---...--,...----.---,,,,,,,-•-,-----:t eeseal of teCorporpon When so ;cut `O`. executedrsuchlnswmenlssshall be as badng as d signed by.NePresbent and-Veiled(obythe Secretary My.power o.auUoritygranted to lly rrepreSata:ivee rnyfavundv To provisions of tis article may be revoked at any.tune by the Board,the.Chauman the President o.by.the oofficer or officers grantingsuch power or authonty--t i.\ v L eo a 'ARTICLE XIII C Exeallon of Contracts SECTION 5;Surety.Bonds and Undertakings Any officer of.the Company authorized for.that purpose In wnting by tthe chairman or.the presdent,: E„ d :and c-C to such fimUtwns as the chaff/flan or.lhe president may -res r stwg appoint such a,w '-Cr- In-tacf,as may. --7-...---r,%-'.---,---------,--- r--r- -to ad m---1,, - the --r—to make;execute,-.: V " \ rig e v r:I� /\ /'o-/\ " /• -th 1c O � :seal^.acknavledge and deliver assuretyany ard attundartaWlgs,.bonds'recogmzarlcesald otter surety oblgatrons Sudl.attomeys-m factwblect to the Greutatrons set forth m thew c Z.?, 'respecWepoveis oofattorney Niall have full power to tinct the Company by ineu:sgnatuie aridexeiuGon of any swh instmmenis and to AttachUiereio the seal of theCompany=When so O. -executed-sit-0 surh instruments shall be as binding as if signed by the president and attested by the secretary _^ -. O: Certificate of Designation--The President of the Company,acting pursuant to the Bylaw`s of the Company authorizes David MCary Assistant Secretary ttoappoint such attorneys-1[V U -5---.........r.--fact as may beececessaryyto act on behalfoftheeCompany to make exeaite seak acknowledge and deliver_as surely any and allundertak rigs;buds;rewgnizans and other.surety- �rAu hrtzab By uru imou��✓consent of of ttie Cony a yvsBoard of Directors,the is that facs mil ore mechanically reproduced Signature any the NCompany whereever.appearing upon a ceed copy of any power of attorney issued by.Ne Company in amnect swith surety bonds shagbe valid and binding upon Ne.Company,with� the same torce`and effect as though manually affixed -" _!_: ,i✓v�- 7 �' •.�_ -1;� -'`✓-`•'�.ti-w\�-�✓^✓- /v.. -\.'- /` -v i\._..%v�.-� �. :�--.iuvv-vii M'V�_^ _/�/ cul\ \ .� tua .ramoi_ 1/%�.� �\ ^c.- u�R�^,Llewellyny�the\:under r. Asystan-ccS cretat�TheOhi :Casualty^Insurance Company Lrbeny_Mutual Insurexe-Company and:West Amercanlaasurance'Company N hereby.cemfytha:the ogulal:power.ofattomey.uf;Wh idt.lhe:foregarg is a fuR true and conect:dopy of Ne Power of Attorney:executed by:said'Commpanses;ns in fub:force:and:effect-ander ~has Zrot hen voked- —a '�.,-\. s'� ..✓\..-c �/.�'_-\ N`----, IN:T�V V ES 0 Y EREOF,I t¢e h set my.f arts and affixed the-seals^ bi�sad�Compaolethis-�'� ._____—______-_- ...,s d�f` �ri�` /per ' ter' ver M ..`l .ni q2 4� r,7'n`l PL sir,vr.; f L-7--_-_-..1:::-.-:E.-._--,---------------s--z:�:✓ f �\="1., � � tT.✓✓_-4 c - r te r S c r.,_. � ✓`J '�.,_..: -tss� .%v �^^✓ .'' -m-c.� ✓ 0 `19-.r o X7912✓ 0 11991~ n - -��s�-\:.-,�-f s:ey- �.-�. _. "r"' r'' n s ;o; 9^./\�' a N 'N/\:,-=�:---l-i.��✓- ✓i�Re e C Llew .cant Secret..- N, �y r. h- �\�� ' �� - Mur.-'.� \�/�/-�`.-^'_�.,—���,_^C 1��.1._ -' ✓�X-- '\/\ ...- _/`,^✓'moi-, VCM ✓�.'_ _ -\ vim`^- �_-=\:^f /\/\/�✓ /\lam✓ /\/--./-,./-✓\l\/V\.'V\l---_, V\. ✓� "fes �iV�---.-.J.-% -- :-2- /\."- /\/,+^ /\.^ ✓^1\/�/`_��'v-...�..^_, .�'\.. t2-:.^�l\� v�7sa.700�.- LMS-12a73_N�16 ^ ^ - _ �f `��.� f�'\M^\� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 `fc,^.c{'.M.cY'.cC'.eC.aY.ctcY'N'.cMM.aFM�C.r"Y�•cser.M`-`-!+'.tarty"•-t-.,o'.v-i-fcCM.M.M.cK•.M.M.c-f`.c-,C.�-.-r-c.� .Y.�`»--rrw� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Mateo ) On March 10 2017 before me, Soy Wong, Notary Public Date Here Insert Name and Title of the Officer personally appeared David K. Mahler Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SOY WONG Commission # 2051554 .� ^+ = Signature a ::'o� ,S�.r Notary Public - California Signa ure of NotaryPublic ,�: San Mateo County ' 9 My comm.Expires Dec 12.2077 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sinner(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General El Partner — 0 Limited El General 0 Individual ❑Attomey in Fact ❑Individual ❑Attorney in Fact ❑Trustee LI Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: w-uc:c.�a.�cscY.cwcc[.c.uww•c att.cau�..�-,.4a-u�...:s.�s.c^�wuu.w.wcc.4cw-�c.s.cx.c.-c.c.-c.uw-o-�ccvuaw�,^ur+te.c�cc.:? 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Acc•R D CERTIFICATE OF LIABILITY INSURANCE I DAate,n0 17 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 policyjies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NNAANTACT Customer Service Department Statewide Commercial Insurance Brok PHONE p E,tg (877)207-7900 I jAIC,Nog (626)744-9196 2406 N Lake Avenue L p DRESS, mail@stBwide.com Altadena,CA 91001 INSURERS)AFFORDING COVERAGE I /LAIC I Phone (877)207-7900 Fax (626)744-3407 INSURER A: Rockingham Casualty Company INSURED INSURER B: Nexos,LLC INSURER C: I 305 S TX-342 INSURER D: I ' INSURERE: Red Oak TX 75154 INSURERF: COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IIIN R IWVDI POLICY NUMBER I BB MWDDCYDIYYYYI I POLICY(MMJDDDIYYYYYPYI I LIMITS O COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE I $ 1,000,000.00 CLAIMS-MADE OCCUR PREMIES( RENTED 50,000.00 ❑ © PREMISES(Ea RENTED occurrence) 5 A ❑ RTXA500280-00 03/01/2017 03/01/2018 MED EXP(Arty one person) s 5,000.00 ❑ PERSONAL AADV INJURY $ 1,000,000.00 GLEE�IN1L AGGREGATE LIMIT APPLIES PER: � GENERAL AGGREGATE $ 2,000,000.00 `I POLICY ❑ ;ECT ❑ LOC PRODUCTS-COMPIOPAGG S 2,000,000.00 ❑ OTHER S AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT (Ea accident) ❑ ANY AUTO BODILY INJURY(Per person) S ❑ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS ❑ mAUTOS ❑ HIRED AUTOS ❑ 060sWNEU (PeracdentOPERTY) MAGE ' S ❑ ❑ � : 0 UMBRELLA UAB 0 OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB 9 CLAIMS-MADE AGGREGATE S I❑ DED ❑ RETENTIONS I I S WORXERS COMPENSATION ❑ STATUTE ❑ERH AND EMPLOYERS'UABILfTY Y I N ANYPROPRIETOR/PARTNERIEXECUTIVC E.L.EACH ACCIDENT I $ OFFICER'MEMBER EXCLUDED' I I N I A (Mandatory in NH) . E.L.DISEASE-EA EMPLOYEE S I(yes,desmbe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMBI S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Certificate holder added as additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina 300 W Ash Street AUTHORIZED REPRESENTATIVE Salina,KS 67401 John M/IV ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01)QF The ACORD name and logo are registered marks of ACORD