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Pickleball Court Overlay Construction Contract CONTRACT BETWEEN THE CITY OF SALINA, KANSAS and Multicon, Inc. for PICKLEBALL COURT OVERLAY CONSTRUCTION PROJECT This Contract is entered into July 25,2023 by and between the City of Salina,Kansas,(the"City")and Multicon, Inc.,a Kansas Company(the"Contractor"). Recitals A. The City desires to contract for the construction of public improvements described as Pickleball Court Overlay Construction Project,Oakdale Park,Salina,Kansas(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: 1. Definitions. Except as otherwise provided herein, capitalized words used in this Contract shall have the meanings indicated 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 Statutory Payment Bond 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. Responsibilities and Representations of the Parties. 3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents. 3.2. Representations. 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 Revised 1/2/1 5 C-1 CONTRACT 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. 4. Schedule and Completion Times. 4.1. 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. 4.2. 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. 4.3. Liquidated Damages. The parties recognize that the City will suffer financial loss if the Work is not completed on or before the date(s)or within the time(s)specified in the Contractor's Bid,plus any extensions thereof allowed in accordance with the General Clauses. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Therefore, for each day that expires after the time specified in the Contractor's Bid for Substantial Completion until the Work is substantially complete as fixed in the certificate of Substantial Completion,and for each day that expires after the time specified in the Bid for completion and readiness for fmal payment until the Work is completed and ready for fmal payment as fixed in the certificate of final completion,the Contractor agrees to pay liquidated damages to the City in the amount of$500.00,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 of$444,762.00. 6. Insurance Requirements. 6.1. Types 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. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent`Bests" insurance guide, and 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. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Contract. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Contract, including any and all endorsements affecting the coverage required hereunder. 7. Iniury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall immediately notify the City's Risk Management Department at(785)309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents,representatives,officers, officials and employees from and against all claims,damages, losses and expenses(including but not limited to attorney fees and court costs)attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the Revised 1/2/15 C-2 CONTRACT extent that such claims,damages,losses,and expenses relate to, arise out of,or are alleged to have resulted from the wrongful acts, errors,mistakes, omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. 9. Voluntary Termination. See General Clauses. 10. Default. See General Clauses. 11. 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:Jeff Hammond,Director of Parks and Recreation 300 W.Ash St.,P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR: Multicon,Inc. 301 W. 53rd St.N. Wichita,Kansas 67204 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 fmdings 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. Revised 1/2/15 C-3 CONTRACT Contractor shall be exclusively responsible for all taxes,withholding payments,employment-based benefits,deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents,forms,or returns pertinent to the foregoing. 17. Subcontracting. 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: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Contract because of race,sex,religion,age,color,national origin,ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the city's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Contractor shall be deemed to have breached this Contract and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (1) Employs fewer than four employees during the term of this Contract;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Contract. All references in this Contract requiring the City's participation or approval shall mean the participation or approval of the City Manager 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. Revised 1/2/15 C-4 CONTRACT 23. Applicable Law;Venue. This Contract and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Contract,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Contract shall be interpreted according to its fair meaning,and not in favor of or against any party. 25. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Contract shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Contract has full and legal authority to bind such party to the terms of this Contract,and that the execution and delivery of this Contract have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Contract shall extend to and bind the heirs,executors,administrators,trustees,successors and authorized assigns of the parties hereto. 29. Counterparts. This Contract may be executed in any number of counterparts,each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments.Neither this Contract nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract,or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract,but each and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this Contract. There are no intended third party beneficiaries under this Contract,and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete,conclusive and final expression of all the conditions of their Contract. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. Revised 1/2/1 5 C-5 CONTRACT IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF :4 4 .• SAS CONTRACTOR By: L� �- ♦ By: JA��ANI • 1k; chr.:ity Manager Mitch R.Pinkham,President (name) Atter "' i �' j (title) 9 A - .Apatie1 Clerk Form: ICA _7 Lega .i unsel Revised 1/2/15 C-6 City of Salina Kansas PERFORMANCE BOND a3,3g. -)62 "CONTRACTOR"(Name and Address): "SURETY"(Name and Principal Place of Business): Multicon Inc. Employers Mutual Casualty Company 301 W.53rd St. N. P.O. Box 712 Wichita, KS 67204 Des Moines, IA 50306Cil 0 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 5027773 --t P.O. Box 736 Bond Amount: $444,762.00 ° Salina,KS 67402-0736 Bond Date*: August 15,2023 iv *not earlier than Contract date stated below N) cr. 1. The Contractor has, on the 25th day of July , 2023, 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: Pickleball Court Overlay Construction Project, Oakdale Park, Salina Kansas 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; 5.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; Revised 1-2-15 PB-1 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. 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 Revised 1-2-15 PB-2 the City by the Contractor or any other party and which arise from or by reason of payment to the Surety the Balance of the Contract Price. 9. The Surety hereby waives notice of any change or modification to the Contract, including changes of time, or changes to related subcontracts,purchase orders, and other obligations. 10. Any proceeding, suit, or claim, legal or equitable, under this Performance Bond shall be instituted in the Saline County,Kansas District Court and shall be instituted within two years of the date on which the Surety refuses or fails to perform its obligations under this Performance Bond, in accordance with Paragraph 5 above. 11. All notices to the Surety or the Contractor shall be mailed or delivered to the respective addresses shown on the first page. In the event of a change in the address of the Surety or the Contractor, such party shall promptly provide notice to the City and the other party,with such notice to include a reference to the Contract and this Performance Bond. 12. This Performance Bond and its validity, construction, and performance shall be governed by the laws of Kansas. 13. Definitions. As used herein,the following terms shall have the following definitions: 13.1. "Balance of the Contract Price" shall mean the total amount payable by the City to the Contractor under the Contract after all proper adjustments have been made, including change orders and credits due the City,reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract and reduced further by all direct costs and expenses incurred by the City as a result of the Contractor Default, including costs of additional supervision or inspection by the City of the Contractor's work under the Contract and fees and expenses paid to consultants or others hired by the City for purposes of monitoring or investigating the Contractor's work under the Contract. 13.2. "Contract" shall mean the agreement between the City and the Contractor identified in Paragraph 1 above, including all related contract documents and changes thereto. 13.3. "Contractor Default" shall mean the failure of the Contractor to perform or otherwise comply with the terms of the Contract. {Signature Page Follows} 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 15th day of August , 20 23 . CONTRACTOR AS PRINCIPAL SURETY Multicon Inc. By. /��� ���� Employers Mutual Casualty Company Signature Surety's Name and Co .. ate Se Mitch R.Pinkham,President / Print Name Mitch R.Pinkham,President By: Title Signature (Attac i 'ower of Attorney) Philip J. Monasch Print Name Attorney-in-Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-15 PB-4 City of Salina,Kansas STATUTORY PAYMENT BOND 3`06dk6(Pursuant to K.S.A. § 60-1111) 0) \ "CONTRACTOR"(Name and Address): "SURETY"(Name and Principal Place of Btness}:t/y Multicon Inc. Employers Mutual Casualty Company 301 W.53rd St. N. P.O. Box 712 ....i Wichita, KS 67204 Des Moines, IA 50306 �v "CITY": "PERFORMANCE BOND": sv City of Salina Bond Number: 5027773 P.O. Box 736 Bond Amount: $444,762.00 Salina,KS 67402-0736 Bond Date*: August 15,2023 *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 25th day of July , 2023, 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: Pickleball Court Overlay Construction Project,Oakdale Park, Salina Kansas all in accordance with the detailed plans and specifications for such work on file in the office of the City, and in accordance with the Contract,a copy of which is by reference made a part hereof. NOW, THEREFORE, if the Contractor, or the subcontractor or subcontractors of the Contractor, shall pay all indebtedness incurred for labor furnished, materials, equipment or supplies, used or consumed in connection with, or in or about the construction or making of, the above described improvements, including gasoline, lubricating oils, fuel oils, greases, and similar items used or consumed directly in furtherance of such improvement,this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work Revised 1-2-15 SB-1 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 15th day of August 20 23 CONTRACTOR AS PRINCIPAL SURETY Multicon Inc. By: •� �•/ Employers Mutual Casualty Company Sign ture Surety's Name and Corpo . - - - .1 Mitch R.Pinkham,President Print Name i Mitch R.Pinkham,President By: Title Signature(A . h Power of Attorney) Philip J. Mona - 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-2 011.111111111111111111111111111111111111111111111.1111.11.111111111.111111111111.11111111111111.11.111.1% P.O.Box 712•Des Moines.Iowa 50306-0712 AVEMC INSURANCE CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 5. Dakota Fire Insurance Company.a North Dakota Corporation 3. Union Insurance Company of Providence.an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation hereinafter referred to severally as-Company-and collectively as"Companies-.each does.by these presents.make.constitute and appoint: Philip J. Monasch its true and lawful attorney-in-fact,with full power and authority conferred to sign.seal,and execute the following Surety Bond: Surety Bond Number: S027773 Principal Multicon Inc. Obligee City of Salina, Kansas and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999 RESOLVED:The President and Chief Executive Officer,any Vice President.the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto. bonds and undertakings,recognizances.contracts of indemnity and other writings obligatory in the nature thereof:and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority.subject to the terms and limitations of the power-of-attorney issued to them,to execute and deliver on behalf of the Company.and to attach the sea'of the Company thereto.bonds and undertakings,recognizances.contracts of indemnity and other writings obligatory in the nature thereof.and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company.Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company.The facsimile or mechanically reproduced signature of such officer.whether made heretofore or hereafter,wherever appearing upon a certified copy of any power-of-attorney of the Company.shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 19t day of September.2022 Seals GZL Cott R Jean. rOsident&CEO Todd Strother.Executive Vice President =W o rnUp, �e0•,9 = of Company 1 C airman.President Chief Legal Officer&Secretary of h&CEO of Co anies 2.3.4.5&6 Companies 1.2.3.4.5&6 $i SEAL '' z z- IOWA G"^, ,'''' %, • On this 19'day of September,2022 before me a Notary Public in and for the State of Iowa. personally appeared Scott R.Jean and Todd Strother.who,being by me duly sworn.did o"s° " �Q= ;4g�s"' F'• syr""`o''• say that they are,and are known to me to be the CEO.Chairman,President,Executive Vice President. Chief Legal Officer and/or Secretary, respectively, of each of the Companies SEAL = = ;o: SEAL ;:W SEAL S above:that the seals affixed to this instrument are the seals of said corporations:that said •ti; P•= , instrument was signed and sealed on behalf of each of the Companies by authority of their gown,• ''DRrry DA�'�,:.. ''.s 5: 'P� respective Boards of Directors:and that the said Scott R.Jean and Todd Strother.as such officers.acknowledged the execution of said instrument to be their voluntary act and deed. and the voluntary act and deed of each of the Companies. y KATHY LOVERIDGE My Commission Expires October 10,2025. CoennMbn Number 7$07e9 Mfr OctoberCC« 'lon Ewa of L��/Ll_L! �� Notary ublic in and for the StateId/owe CERTIFICATE I.Ryan J.Springer.Vice President of the Companies.do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies.and this Power of Attorney issued pursuant thereto on 19'day of September.2022.are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this-15th day of August 2023 Vice President 7853(9-22) 0000000-NA 00000 000 SSS 000000 "For verification of the authenticity of the Power of Attorney you may call(515)345-7548." REPRINTED RECEIPT State of Kansas - Saline County District Court Payor Receipt No. Multicon Inc SA-2023-02911 301 W 53rd St N Wichita, KS 67204 Transaction Date 08/17/2023 Description Amount Paid Multicon Inc SA-2023-SB-000026 In the Matter of the Statutory Bond of Multicon Inc and City of Salina Statutory Bond Docket Fee 36.00 SUBTOTAL 36.00 Remaining Balance Due: $0.00 PAYMENT TOTAL 36.00 Check, Cashier's Check, Money Order(Ref 36.00 #5998)Tendered Total Tendered 36.00 Change 0.00 08/17/2023 Cashier Audit 12:24 PM Station SA2 53687434 REPRINTED RECEIPT CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 9. PERMITS, LICENSES AND REGULATIONS GC-5 10. NOTICES GC-5 Revised 1-11-18 GC-A CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS 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 1-11-18 GC-C CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 through legally authorized officials. (e) CONTRACT. The written agreement covering the performance of the Work. Revised 1-11-18 GC-1 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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, 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 Revised 1-11-18 GC-3 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 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 Revised 1-1 1-18 GC-5 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS maintain the area. (f) 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. 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. Revised 1-11-18 GC-7 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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. 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. Revised 1-11-18 GC-9 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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. 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. Revised 1-11-18 GC-11 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 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. Revised 1-11-18 GC-13 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 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 Revised 1-11-18 GC-15 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 Work, or a portion thereof which the City agrees to accept separately, substantially complete, the Contractor shall notify the City and Engineer in writing that the Work or designated portion thereof is substantially complete and request that the Engineer issue a certificate of Substantial Completion. If the Engineer considers the Work or designated portion thereof 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 or designated portion thereof 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 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: Revised 1-11-18 GC-17 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 Agreement, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of any 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,with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self- insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this 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 CGOO 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Contract. Revised 1-1 1-1 8 GC-19 AR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 08/10/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Matthew Smith NAME: Eils&Associates Insurance Group PAHONENExt): (913)296-7543 FAX Na): (913)273-1048 7501 Mission Road E-MAIL service@eainsure.com ADDRESS: Suite 203 - INSURER(S)AFFORDING COVERAGE NAIC# Prairie Village KS 66208 INSURER A: Ohio Security Insurance Co 24082 INSURED INSURER B: Ohio Casualty Insurance Co 24074 Multicon IncINSURER C: Accident Fund Insurance Co of America 10166 Multicrete LLC,Multisport LLC INSURER D: 301 W 53rd St N . INSURER E: Park City KS 67204 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2322103565 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15,000 A Y Y BKS61000660 03/01/2023 03/01/2024PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JET LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ A OWNED x SCHEDULED Y Y BAS61000660 03/01/2023 03/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS _ X AUTOS HIRED ONLY X ANON UTOS-OWONLY NED PROPERTY DAMAGE (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS MADE Y Y US061000660 03/01/2023 03/01/2024 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION X STATUTE EOTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? Y N/A Y 100056087 09/04/2022 09/04/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1 000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , LIMIT $475,000 Installation Floater A BKS61000660 03/01/2023 03/01/2024 DEDUCTIBLE $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#23022 Pickleball Court Overlay Construction,Oakdale Park The certificate holder is named as additional insured where required by contract. Liability coverage is considered Primary and non-contributory.Waiver of Subrogation applies where applicable by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Salina,Kansas Parks&Recreation ACCORDANCE WITH THE POLICY PROVISIONS. 300 West Ash Street,Suite 206 PO BOX 736 r AUTHORIZED REPRESENTATIVE � Salina MI 67402-0736 a ' I J I ' 1 IL-- -- . ©1988-2015 ACORD CORPORATION. All rights reserved. . ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6.11a3 Ins