First Amendment for Sale & Purchase of Equipment FIRST AMENDMENT TO
AGREEMENT FOR SALE AND PURCHASE OF EQUIPMENT
This First Amendment to Agreement for Sale and Purchase• of Equipment ("First
Addendum") is entered into April z$, 2017, by and between the City of Salina, Kansas (the
"City")and Federal Signal Corporation, a Delaware corporation(the"Contractor").
Recitals
A. The City and the Contractor are parties to an Agreement for Sale and Purchase.of
Equipment dated November 21, 2016 (the "Agreement") for the sale, delivery, and installation of
a community outdoor warning siren system and the famishing of all related equipment,
accessories, and services (the "Siren System").
B. Under the Contract, the Contractor proposed the installation of five new 2001-130
mechanical sirens (the "Five New Sirens") and the relocation and continued utilization of five
existing 2001 sirens to be retrofitted to allow 2-way status reporting (the "Five Retrofitted
Sirens"), for a total of ten sirens (the"Ten Sirens").
C. Based upon the results of the Contractor's computer modeling, the parties intend
by this First Addendum to amend the Agreement to address the number, location, and installation
of sirens under which the Siren System will substantially provide coverage for (I) the City's
fully contiguous boundaries (with the exceptions of the Salina Regional Airport runway area and
the Salina Landfill) and (2) the 1,000 foot buffer area along the City's eastern growth boundary
between North Street and South Ninth Street (the "Coverage Area") at predicted levels of no less
than 70db (the "Coverage Level").
D. The Contractor submitted a revised preliminary siren coverage map on April 17,
2017 attached as Exhibit A and incorporated as part of this First Addendum (the "Preliminary
Map") depicting the proposed location of the Ten Sirens, plus the two additional sirens equipped
identically and meeting the same specifications as the Five New Sirens ("Additional Sirens")
preliminarily determined necessary to provide the Coverage Level for the Coverage Area. The
Ten Sirens and the Additional Sirens are collectively referred to as the "Total Sirens."The City's
Governing Body has approved the Preliminary Map depicting the proposed locations of the Total
Sirens as satisfactorily depicting the acceptable Coverage Level for.the Coverage Area, upon the
condition that the siren labeled as siren installation number 12 be relocated to a permitted site in
relation to the Salina Regional Airport.
THE PARTIES, inconsideration of the mutual promises set forth. in this First
Addendum, agree and covenant:
1. Preliminary.Man. The City acknowledges the Governing Body's approval of the
Preliminary Map, attached and incorporated as Exhibit A, as satisfactorily depicting the
acceptable Coverage Level for the Coverage Area, upon the condition that the siren labeled as
siren installation number 12 be relocated to a permitted site in relation to the Salina Regional
Airport.
2. Purchase and Price of Additional Sirens. The parties ratify the terms and
conditions of purchase of the Five New Sirens and the Five Retrofitted Sirens. City agrees to
purchase and Contractor agrees to sell and install the Additional Sirens ultimately determined to
be required to provide the Coverage Level for the Coverage Area at a cost of$9,468.60 per siren.
The Coverage Area does not include the one-square mile property located on Burma Road
known as the Salina Landfill and the runway area of the Salina Regional Airport.
• 3. Payment for-Additional Sirens: Upon final determination of the number of
Additional Sirens required to provide the Coverage Level for the Coverage Area, Contractor
shall invoice the City for the cost of purchase and installation of the Additional Sirens. Payment
of the cost of purchase and installation of the Additional Sirens shall be made by the City at the
same time as the City's payment of the remaining amount payable for the Siren System under the
terms of the Contract.
4. Existing Sirens. Unless immediately replaced in the same location, all existing
sirens will remain active for use until the Total Sirens are installed and fully functional.
5. Permitting ofSiren Locations:— Final Coverage',Map. The City shall designate a
representative of its Public Works Department to facilitate the permitting of locations for all
sirens included in the Siren System. Both parties agree to diligently pursue permitting of the
sites for•all sirens in the Siren System. Within five days of its execution of this First Addendum,
the Contractor shall have submitted to the City all necessary documentation and fees required for
permitting the proposed sites for the Total Sirens that have not already been permitted and are
not being relocated. The City shall review and respond to each site application within 24 hours
of submission of a complete application. Upon completion of permitting of the New Siren sites,
the Contractor shall provide a final coverage map based upon its computer modeling, confirming
that the Siren System will provide the Coverage Level for the Coverage Area (the "Final
Coverage Map").
6. Installation. The Contractor shall commence and diligently pursue completion of
the installation of the Total Sirens in accordance with the terms of the Agreement and in the
following order:
a. Permitted ,sites. The Contractor will immediately commence and
diligently pursue installation of the sirens at those sites for which permits have been
issued and which are not to be relocated under the Preliminary Map.
b. Non-pemiitted.ites. As those sights are permitted which are depicted on
the Preliminary Map but are not yet permitted at the time of execution of this First
Amendment, Contractor shall immediately commence and diligently pursue completion
of installation of the sirens at those sites.
7. Permit Inspections. The Contractor shall immediately notify the City's designee
upon completion of each siren installation for purposes of initiating the City's permit inspection.
The City shall provide "same-business-day"permit inspection of each completed installation.
8. Testing: As each siren installation is completed, the Contractor shall coordinate
with Saline County Emergency Management for testing of each siren for functionality (wail and
rotation). Upon completion of installation of the Siren System, the Contractor shall coordinate
with Saline County Emergency Management for functionality testing of the fully integrated Siren
System.
9. Remaining Contractor Responsibilities. Upon notification by the City of its
acceptance of the Siren System as installed and tested for functionality, the Contractor shall
diligently pursue completion of its remaining obligations under the Agreement.
10. Ratification. All terms and conditions of the Agreement not amended or modified
by this Amendment are ratified and confirmed.
11. Binding,Effect. This First Amendment shall be binding upon the parties and their
successors and assigns.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed by their authorized representatives.
CITY OF SALINA, KANSAS FEDERAL SIGNAL CO t:
By: By: •�
Karl Ryan, Vice-May 'dame:
Title: ;d �tyen/i17�r �
ATTEST:
By: aL LUQ'X4
Shandi Wicks, CMC, City Clerk
Form: /��
Id cave