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23100 FSAFB Building 614 Utility Relocation Contract CONTRACT BETWEEN THE CITY OF SALINA,KANSAS and SMOKY HILL,LLC for CONSTRUCTION OF PUBLIC IMPROVEMENTS This Contract is entered into October 10 ,2023 by and between the City of Salina,Kansas, (the"City")and Smoky Hill,LLC,a Kansas limited liability company(the"Contractor"). Recitals A. The City desires to contract for the construction of public improvements described as FORMER SCHILLING AIRFORCE BASE SITE Building 614 Utility Relocations (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 BondEl Statutory Payment Bond Specifications Drawings General ClausesEl Notice to Proceed(to be issued) Certificate of Completion(to be issued) Amended CAFO,dated April 12,2021El Other: n 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 Revised 1/2/15 C-1 �4 I CONTRACT 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. 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 final payment until the Work is completed and ready for final payment as fixed in the certificate of final completion,the Contractor agrees to pay liquidated damages to the City in the amount of$100 per day,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. 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. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall immediately notify the City's Risk Management Department at(785)309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law,the Contractor shall defend, indemnify and hold harmless the City,its agents,representatives,officers,officials and employees from and against all claims,damages, losses and expenses(including but not limited to attorney fees and court costs)attributable to bodily injury,sickness, Revised 1/2/15 C-2 it a CONTRACT 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. 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:Martha Tasker,Director of Utilities 300 W.Ash St.,P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR:Smoky Hill,LLC 645 E.Crawford Salina,KS 67401 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 Revised 1/2/15 C-3 CONTRACT services covered by this Contract are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes,withholding payments,employment-based benefits,deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents,forms,or returns pertinent to the foregoing. 17. Subcontracting. 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 fmd 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 1/2/15 C-5 e IL A CONTRACT IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF SALI A,KANSAS CONTRACTOR II J4f,h Smoky Hill,LLC BY Business Name '''clv.11 ' age,Ci Manager Attest: '• /I - Si114--.- N 1%. t Goat 0,City Clerk Approved to orm: Printed Name ?Pack AtA4- g . en on,L al Counsel Title Revised 1/2/15 C-6 :. __� � ._ . �.,_.� vam.,. ,�,�.� AMENDED CAFO, dated April 12, 2021 STATE OF KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT ) In the Matter of: ) ) Environmental Contamination at the ) Former Schilling Air Force Base ) Case No. 12-E-21 BER ) City of Salina, Kansas, ) The Salina Airport Authority, ) USD No. 305 of Saline County, Kansas, ) Kansas State University, ) Respondents AMENDMENT TO THE CONSENT AGREEMENT AND FINAL ORDER ("Amendment") Now on this /a* day of 2021, ("Date of this Amendment to the Consent Agreement and Final Order")the Secretary of the Kansas Department of Health and Environment ("KDHE"), and the City of Salina, Kansas, the Salina Airport Authority, USD No. 305 of Saline County, Kansas, and Kansas State University (including the Kansas Board of Regents) ("Respondents"), (collectively, "Parties"), mutually agree to amend the Consent Agreement and Final Order ("CAFO"), entered into by the Parties on November 15, 2012, The Respondents and KDHE now find that it is in the best interest of the Parties to amend the CAFO to include the responsibilities for and the preparation and implementation of remedial design/remedial action ("RD/RA") activities at the Site. In the Matter of Former Schilling Air Force Base Site Salina Entities BER File No.C5-085-03013 Amendment to the CAFO CASE NO.12-E-21 BER 1 DB04/08383 58.0002113856158.1 �e�.., The CAFO is fully incorporated herein, excluding any provisions of the CAFO that are expressly deleted by this Amendment or are expressly replaced by the terms of this Amendment, and all terms and orders of the CAFO apply to the Respondents. In the event of a conflict between the CAFO and the Amendment,the Amendment shall control. DEFINITIONS 1. Terms used in this Amended CAFO, if defined in state statutes or the associated regulations,shall have the meanings assigned to them in the statute or the regulations.To the extent not inconsistent with the meanings assigned to them in statute or regulation,the terms listed below, if used in this Amended CAFO or in attached or incorporated documents,shall have the following meanings. a. "Day"shall mean a calendar day unless expressly stated to be a working day. b. "RSK Manual" shall mean the KDHE Risk-Based Standards for Kansas Manual 5th Version(October 2010)and any subsequent updates. c. "Site"shall include all areas and media from which hR7Rrdous substances and any other contamination or pollution connected with this facility have been released and/or have migrated or emanated therefrom. d. "Working day" shall mean a day other than a Saturday, Sunday, or State of Kansas holiday. In computing any period of time under this Amended CAFO where the last day would fall on a Saturday, Sunday or holiday recogni7ed by the State of Kansas the period shall run until the end of the next working day. In the Matter of... Former Schilling Air Force Base Site Salina Entities RFR Pile Nn MARS-01011 Amendment to the CAFO CASE NO.12-E-21 BER 2 DB04/08383 58.0002/13856158.1 FINDINGS OF FACT 2. All Findings of Fact set out in the CAFO are incorporated as though fully set out herein. EXHIBITS 3. The following documents shall be incorporated herein: a. RD/RA Scope of Work(Exhibit 9). b. RD/RA Work Plans(incorporated upon KDHE approval) (Exhibit 10). c. RD/RA Schedule (incorporated upon KDHE approval) (Exhibit 11). The Parties agree that documents comprising the RD/RA Scope of Work, RD/RA Work Plans, and/or RD/RA Schedule, may be submitted, approved, and accepted in phases reflecting specific remedial activities under the Remedial Design and Remedial Action. ORDER 4. KDHE Approval of Work and Documents. All activity contemplated or performed pursuant to this Amendment shall be conducted subject to the approval of KDHE, which approval shall not be unreasonably withheld, in accordance with the terms of this Amendment and consistent with the standards, specifications and schedules approved by KDHE as contained in the exhibits to this Amendment. a. All documents submitted to KDHE pursuant to this Amendment shall be considered draft documents until approved and accepted as final by KDHE. In the Matter of... Former Schilling Air Force Base Site Salina Entities BER File No.C5-085-03013 Amendment to the CAFO CASE NO. 12-E-21 BER 3 BB04/0838358.0002/13 85 6 1 5 8.1 b. Any documents, reports, plans, specifications, schedules and/or attachments required by this Amendment,upon acceptance and/or approval by KDHE,shall be deemed incorporated into this Amendment by reference. c. Upon KDHE approval, Respondents shall implement the tasks detailed in the subject work plan in accord with the corresponding implementation schedule. 5. Task Specific Schedules. The Amendment shall be implemented in accordance with the RD/RA Schedule found at Exhibit 11. All Work Plans required pursuant to this Amendment shall establish task specific dates and timeframes for related implementation, construction and reporting activities.Each schedule shall specifically include Respondents' proposed milestone dates for start and completion of implementation as well as construction activities and submittal of a draft report. All requests for schedule extensions must be submitted in advance by Respondents to KDHE for approval. 6. RD/RA Activities. a. Submission of Draft RD/RA Work Plan and RD/RA Schedule. Within one hundred and twenty(120)days from the Date of this Amendment,Respondents shall submit a draft RD/RA Work Plan and RD/RA Schedule for KDHE approval which is consistent with the Final CAD (Exhibit 5) and the RD/RA Scope of Work(Exhibit 9). The draft RD/RA.Work Plan and RD/RA Schedule shall facilitate,to the extent possible,commencement of substantial continuous physical on-site corrective action within one hundred and eighty(180)days of KDHE approval of the RD/RA Work Plan and RD/RA Schedule. In the Matter of... Former Schilling Air Force Base Site Salina Entities BER File No.C5-085-03013 Amendment to the CAFO CASE NO.12-E-21 BER 4 DB04/0838358.0002/13856158.1 b. Implementation. Upon KDHE approval, Respondents shall implement the tasks detailed in the RD/RA Work Plan and RD/RA Schedule. 7. Paragraph 47 of the CAFO is hereby amended to read as follows: a, For KDHE: James Hayes Bureau of Environmental Remediation/KDHE Curtis State Office Building 1000 SW Jackson, Suite 410 Topeka, KS 66612-1367 Office: 785-296-0969 Email:james.hayes@ks.gov 8. Land-Use Controls. As specified in the CAD, if deemed necessary to protect human health and the environment, Respondents agree that they will make an application to the KDIIE-Bureau of Environmental Remediation (KDHE-BER) Environmental Use Control Program for the purpose of entering into an Environmental Use Control Agreement pursuant to K.S.A. 65-1,221 et seq, or other approved land use control agreement,to ensure the effectiveness of the remedial measures to be performed pursuant to the CAFO,as amended by this Amendment. 9. Authority.Each Party has full knowledge of and has consented to this Amendment and represents and warrants that each person who executes this Amendment on its behalf is duly authorized to execute this Amendment on behalf of the respective Party and legally bind the Party represented to this Amendment 10. Entire Agreement. Except as provided in this Amendment,all other provisions of the CAFO shall remain in full force and effect, shall be incorporated herein, and shall be made applicable to all matters contemplated by this Amendment. IT IS SO ORDERED. In the Matterof.., Former Schilling Air Fore Base Site Salina Entities REP riIrNn C:5-ORS-09013 Amendment to the CAFO CASE NO. 12-E-2I BER 5 DB04/0838358.000211385 6 1 5 8.1 4 KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT By: Lee A.Norman,M.D. Secretary 44-12-262,t Date In the Matter of... Former Schilling Air Force Base Site Saline FntitieA BER File No,C5-085-03013 Amendment to the CAFO CASE NO.12-E-21 BER 6 DB04/0838358.0002/13856158.I t , CITY OF SALINA,KANSAS By: Rif. Si a .t„ Mike Schrage Name(Typed or Printed) City Manager Title 03/26/2021 Date In the Matter of... Former Senting Air Force Base Site Salina Entitle, BER File No.C5-065-03013 Amandment to the CAFO CASE NO.12-E-21 BER 7 X S SALINA AIRPORT AUTHORITY :: mot / r • a Tis A.A.E. , Executive Director Safina Airport Authority _ Name(Typed or Printed) Title h9AR/ Date In the Matter of.., Former Schilling Air Force Banc Sits Salina Entitles BER File No,CS•085.03013 Amendment to the CAFO l CASE NO.12-E-21 DER r ASD DB04/0838338.01102/12856I58,i I s 1 � USD NO.305 OF SALINE COUNTY,KANSAS By: ature hn fri . Gk1i - e. Name(Typed or Printed) Title 3/-122.1 Date In the Matta-of... Former Schilling Air Force Base Site Sal(tut Entities HER File No.C5-085-03013 Amendment to the CAFO CASE NO.124341 BER 9 KANSAS STATE UNIVERSITY Byea# Signature Cindy Bontrager Name(Typed or Printed) Vice President for University Operations/COO Title 03/09/21 Date In the Matter of... Former Schilling Air Force Base Site Salina Entities BER File No.C5-085-03013 Amendment to the CAFO CASE NO.12-E-21 BER 10 CERTIFICATE OF MAILING I hereby certify that on the hz6 day of 041:..t. 2021, I caused a true and correct copy of the foregoing Amendment to the Consent Agreement and Final Order to be deposited in the United States Mail,First Class,postage prepaid and addressed as follows: Andrew W. Davis Stinson LLP 50 South Sixth Street, Suite 2600 Minneapolis,MN 55402 Attorney for Respondents Se0424(al KDHE Staff Me er DB04/083 83 58.0002/13856158.1 • 1 LIST OF EXHIBITS SCOPE(S) OF WORK __- RD/RA SCOPE OF WORK 9 WORK PLANS) APPROVED BY KDIIE _ RD/RA WORK PLAN' 10 PROJECT DELIVERABLE AND MILESTONE SCHEDULE(S) --- RD/RA SCHEDULE' 11 To be attached as exhibits upon KDHE approval or issuance. DB04/0838358.0002/13856158,1 • . BUREAU OF ENVIRONMENTAL REMEDIATION/REMEDIAL SECTION GUIDELINE SCOPE OF WORK FOR A REMEDIAL DESIGN (RD)/REMEDIAL ACTION (RA) HER POLICY#BER-RS-026 DATE: 1991 Revised 1996 Revised 2001 Revised 00 25 PAGES:6 �-�-- Date: ! Section Chief: .� dr, �/�FAS-- I /�1 Bureau Manager: 1 �_�_ Date: /Z/3 405 REVISIONS Reviser: Jean Underwood Date of Revision: 12/2005 Reviser: Chris Jump Date of Revision: 1212001 Reviser Rob Elder Date of Revision: 1996 ORIGINATOR Originator: Rick Bean Date:6118/91 • c r t BUREAU OF ENVIRONMENTAL REMEDIATION/REMEDIAL SECTION GUIDELINE SCOPE OF WORK FOR A REMEDIAL DESIGN (RD)/REMEDIAL ACTION (RA) BER POLICY#BER-RS-026 DATE: 1991 Revised 1996 Revised 2001 Revised 2005 PAGES: 6 All work completed under a Remedial Design/Remedial Action(RD/RA) SOW shall be consistent with § 300.435 of the National Oil and Hazardous Substances Pollution Contingency Plan(NCP),40 CFR 300(final rule promulgated 3/8/90),as provided by relevant portions of§§ 101-121 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by the Superfund Amendments and Reauthorization Act(SARA)of 1986. All work performed pursuant to an RD/RA Consent Agreement shall also follow all pertinent EPA and KDHE RD/RA guidance. The RD/RA SOW identifies the general activities that Respondent(s) are required to perform to complete a RD/RA. All work performed pursuant to a RD/RA SOW shall follow the implementation schedule and all procedures approved in the Final RD/RA Work Plan or as amended thereto. The RD/RA phase of work includes the design of the remedy selected in the final decision document(e.g., Corrective Action Decision(CAD)or Record of Decision (ROD)) for the site or operable unit and implementation of the remedy, including construction and an initial period of operation and maintenance following start-up of the remedial system, as appropriate. Pre-design data acquisition may be necessary to obtain pertinent data(aquifer pump tests,pilot tests, treatability studies, etc.) to facilitate the RD. REMEDIAL DESIGN(RD) OBJECTIVES: The primary objectives of the Remedial Design(RD)are described as follows: 1) To evaluate and interpret data generated in the planning phase, such as treatability/performance data, and geotechnical data. 2) To collect and evaluate additional data required for the design phase(pre-design data acquisition phase). The need for this additional data shall be determined by the KDHE Project Manager based on site-specific information. 3) To provide a complete engineered design of the remedial system to be implemented(i.e., plans and specifications) as described in the final decision document. 4) To provide a contingency plan that identifies an alternate corrective action to be implemented in the event the selected remedy fails or is otherwise unable to achieve the remedial action objectives(RAOs)within a reasonable timeframe as determined by 1 ? b r t KDHE. The contingency plan may also describe actions to be taken in the event of an accident or emergency. 5) To identify and obtain easements,permits and approvals that will be required to implement the selected remedy. 6) To identify critical technical requirements and activities where quality may be at risk and to design a construction quality control program and a testing program to demonstrate that the proposed methods,materials and equipment are acceptable. 7) To create a Site Monitoring and Performance Evaluation(SMPE)Plan to evaluate the effectiveness of the implemented remedy in attaining the remedial action objectives (RAOs), performance objectives and specified cleanup levels for all exposure pathways of concern. RD IMPLEMENTATION: Respondent(s) shall submit the RD Work Plan or detailed implementation schedule to KDHE within the time period specified in the RD/RA Consent Agreement. The Respondent(s)shall submit all plans, submittals and other deliverables required under the approved RD Work Plan or implementation schedule in accordance with the approved schedule. RD PHASE DELIVERABLES: The following components shall, at a minimum,be submitted during the Remedial Design Phase. These components may be submitted separately or combined into one or more reports. 1. RD Work Plan: The KDHE project manager will determine,based on site-specific criteria,whether a RD Work Plan will be required. If a pre-design data acquisition phase is necessary, a RD Work Plan will be required. The RD Work Plan shall describe in detail all tasks necessary to acquire additional data to support the development of a Final Remedial Design and to construct, implement, and monitor the performance of the selected remedy. All necessary tasks shall be documented and described in adequate detail to clearly state the manner in which they will be implemented and reported. The tasks shall include those necessary for implementing institutional controls and obtaining the appropriate easements,permits, etc. 2. Implementation Schedule: A detailed implementation schedule must be provided which defines dates for submittal or implementation of certain remedial design and pre-design milestones,including,but not limited to: (1)a pre-design data sampling and analysis work plan and report, if required(including Field Sampling Plan, Quality Assurance Project Plan,and Health and Safety Plan); (2)treatability studies plan, if required; (3)a preliminary remedial design submittal; (4)an intermediate remedial design submittal(if necessary); (5)a pre- final/final remedial design submittal; (6)a Construction Quality Assurance Plan; (7)a Contingency Plan; (8)a Site Monitoring and Performance Evaluation Work Plan; (9) Site Monitoring and Performance Evaluation report(s); and(10)the Remedial Action(RA) Work Plan. It is suggested that the detailed implementation schedule be presented graphically in the form of a milestone chart(e.g.,Gantt or Pert chart) or critical path diagram. As necessary,the detailed implementation schedule must be updated and submitted to KDHE as part of the routine reporting requirements. 2 t tI t 3. Remedial Design Plan(s): Complete design specifications and drawings/schematics, including any relevant figures and/or site system engineering layouts(e.g.,process flow diagram(PFD),piping and instrumentation diagram(P&ID), etc.), shall be provided. Dependent upon the scale and complexity of the remedial action, as appropriate,preliminary, intermediate and/or pre- final/final design plans shall be submitted to KDHE for approval. The Preliminary Remedial Design Plan should present the conceptual design of the selected remedy and describe any additional data collection necessary to complete the design. The Intermediate Remedial Design Plan should integrate any newly collected data into a refined conceptual design. The Pre-Final/Final Remedial Design Plan should provide specifications in sufficient detail so that contractors may bid(unit basis)on the construction,implementation, and operation of the remedial system(s), and should include a detailed schedule for construction and field implementation of the selected remedy. 4. Construction Quality Assurance Plan(CQAP): The purpose of the CQAP is to ensure,with a reasonable degree of certainty, that a completed remedial action meets or exceeds all design criteria,plans and specifications. The CQAP should describe the quality control program and testing plan proposed to demonstrate that the materials and equipment are acceptable for their designated use and installed to the required specifications. The CQAP should clearly designate the entity or entities responsible for implementing and overseeing the quality control program. The CQAP should provide a general description of inspection/testing activities with identification of specific sampling types, locations, size, frequency of testing, acceptance and rejection criteria, and plans for implementing corrective measures. Documentation requirements and a proposed submittal schedule should be included in the CQAP. 5. Contingency Plan: The Contingency Plan shall discuss the criteria that will be used to determine if the implemented remedy is achieving the RAOs. It will discuss the modifications, augmentations or other contingencies that will be utilized or implemented if the designed remedy fails to meet the RAOs. If appropriate, the Contingency Plan may also describe actions to be taken in the event of an accident or emergency. If the contingent remedy represents a fundamental change from the original selected remedy,then community involvement and CAD/ROD Amendment may be necessary. 6. The Site Monitoring and Performance Evaluation Work Plan(SMPE Work Plan): The SMPE Work Plan shall propose and describe the activities necessary to evaluate the effectiveness of the implemented remedy. This plan should address both short-term and long-term performance evaluation benchmarks and, at a minimum, shall include: • a description of the site-specific RAOs; • a description of the remedial system operations that will be evaluated and identification of the criteria that will be used to evaluate system performance; • frequency,methods, and rationale for site and remedial system monitoring; • a description of the environmental media to be monitored(ground water, surface water, soil,soil vapor, etc.); • a description of quality assurance/quality control(QA/QC)considerations for the laboratory and field activities; • identification of institutional controls that will be implemented and maintained; • a plan for evaluating changes in land use at the site that may affect the remedial action; and 3 r r l • a description of reporting methods, format, and frequency. 7. Site Monitoring and Performance Evaluation Reports (SMPE Reports): The SMPE Reports shall discuss the results of the monitoring as proposed in 6 above. At a minimum, the SMPE Report shall include, as appropriate: • a narrative description and graphic illustration of the effectiveness of the corrective action; • a description of system operation and performance; • a description of repairs or modifications made to the corrective action system during the reporting period, as appropriate; • laboratory analytical data including copies of laboratory reports and summary tables; • contaminant isoconcentration maps; • a tabular comparison of the current monitoring data to previous monitoring results, including quantitation limits for non-detect results and other data qualifiers; • a figure illustrating the site and associated monitoring wells or other sample point locations; • static water table elevation measurements; • a potentiometric surface map; • a description of any deviations from approved sampling procedures; • QA/QC sample results and a data validation summary; • logs of any newly constructed site wells; • an evaluation of the effectiveness of institutional controls implemented for the corrective action; • an evaluation of land use of the impacted area; • specific conclusions and recommendations (for further action or change)based on historical site monitoring and performance data trends; and, • any other relevant site data collected during the reporting period. COMMUNITY RELATIONS: Prior to initiation of the RD,KDHE shall review the Community Relations Plan (CRP)to determine whether it should be revised to describe further public involvement activities during the RD/RA. At the completion of the RD,KDHE will generate a fact sheet describing the Final Remedial Design and provide, as appropriate, a public briefing prior to initiation of the Remedial Action. REMEDIAL ACTION(RA) OBJECTIVES: The Remedial Action(RA)is the process by which the remedy selected in the final decision document and defined by the RD is implemented. The primary objectives of the Remedial Action(RA)are described as follows: 1) To construct the remedial system as approved by KDHE and presented in the Final RD, and to verify that the constructed remedy meets project requirements through submittal of a RA Report; 2) To generate a Final Operation and Maintenance(O&M)Plan in accordance with the"as-built"remedial system; 4 + i 7 1 3) To operate and maintain the remedial system as described in the approved O&M Plan; 4) To monitor and evaluate the performance of the RA and report the results as described in the approved SMPE Work Plan; 5) To determine whether RAOs have been attained or are likely to be attained by the RA; 6) To confirm attainment of RAOs by conducting post-RA monitoring as approved in the SMPE Work Plan; 7) To implement the approved Contingency Plan as necessary if the implemented RA is unable to attain RAOs within a reasonable timeframe as determined by KDHE; 8) To submit a Final Close Out Report to KDHE briefly summarizing the implemented RA, and documenting that the site-specific RAOs have been attained; and 9) To submit a request to KDHE to reclassify the site to"Resolved"status on the KDHE/BER Identified Sites List. RA WORK PLAN: After the approval of the Final RD,Respondent(s) shall submit to KDHE,a RA Work Plan in accordance with the implementation schedule and as required in the RD/RA Consent Order. The RA Work Plan shall provide for construction of the remedy, as approved by KDHE in the Final Remedial Design Plan. Concurrent with the submittal of the RA Work Plan,Respondent(s) shall submit to KDHE a revised Health and Safety Plan for field activities required by the RA Work Plan which conforms to the applicable Occupational Safety and Health Administration(OSHA) and EPA requirements. The RA Work Plan shall, at a minimum, include the following: (1)description of the selection method for the RA contractor(s); (2)the schedule for implementation of all RA tasks identified in the Final RD; (3)methodology for implementation of the CQAP; (4)procedures and plans for the decontamination of equipment and the disposal of any contaminated materials and investigation- derived wastes; and(5) a discussion of RA reporting requirements. RA IMPLEMENTATION: Upon approval of the RA Work Plan by KDHE,Respondent(s)shall initiate the tasks necessary to implement the RA activities according to the approved RA Work Plan and implementation schedule. The Respondent(s) shall submit all plans,reports,or other deliverables in accordance with the approved implementation schedule. RA DELIVERABLES: The Respondent(s)must submit an RA Report within 90 days of construction completion and initiation of remedial activities. The RA Report must certify that all items contained in the RD/RA work plans have been completed and present a system startup report and as-built drawings stamped by a professional engineer. The report should contain a narrative description 5 � e 1 ti of any modifications to the approved Final RD and the reasons the modifications were necessary. The report should also contain the SMPE sampling and reporting schedule,a summary of the site specific RAOs,the estimated time to achieve the RAOs, and a general project summary. An O&M Plan for the as-built remedial system must be submitted for KDHE approval. The O&M Plan should include a description of the method of operation of the constructed remedy and a description of all routine inspections or other maintenance necessary to insure proper operation of the remedial system. The effectiveness of the RA shall be monitored as provided through implementation of the SMPE Work Plan. The frequency of the SMPE monitoring and reporting shall be in accordance with the approved SMPE Work Plan unless otherwise approved by KDHE in writing. If the SMPE reports indicate that the remedial system is not achieving the RAOs, it may be necessary to implement the approved Contingency Plan. KDHE should be notified at least seven days in advance of implementing any significant modifications to the approved RA. ATTAINMENT OF RAOs Upon determination by the Respondent(s)that the remedial system has attained site RAOs, a Final Close Out Report should be submitted to KDHE. The Report should,at a minimum, contain the following: • A summary of site conditions; • Demonstration of cleanup activity QA/QC; • Data and evidence supporting the conclusion that RAOs have been achieved; • Post-monitoring or five-year review information. KDHE will review the evidence submitted and issue a letter confirming or refuting the claim that RAOs have been met. If KDHE concurs that the remedial action is complete, KDHE will prepare a Reclassification Report to reclassify the site to"Resolved" status on the KDHE/BER Identified Sites List. KDHE strongly recommends that any persons performing RD/RA activities with State of Kansas oversight obtain and familiarize themselves with the following documents. These documents provide guidance on the preparation, implementation,and reporting of RD/RA activities, and constitute much of the technical basis on which KDHE reviews work plans,reports, and other submittals related to the RD/RA process. Information on obtaining the EPA documents is available on-line at http://www.epa.gov/epahome/publications.htm. Information on the State Cooperative Program administered by the Remedial Section of the Bureau of Environmental Remediation can be found on-line at the KDHE web site, http://www.kdheks.gov/remedial/state_remedial_unit.html. EPA/600/R-98/018 February 1998; EPA Guidance for Quality Assurance Project Plans (EPA QA/G-5). EPA 600/R-96/055 August 2000; Guidance for the Data Quality Objectives Process (EPA QA/G- 4). EPA 540/R-95/059 June 1995; Remedial Design/Remedial Action Handbook. 6 r e EXHIBIT A - Continued Amended CAFO, Dated April 12, 2021 for Work plans(s) Approved by KDHE - Exhibit 10 Project Deliverable and Milestones Schedule(s) — Exhibit 11 Refer the Kansas Department of Health and Environment (KDHE) Schilling AFB documents page: https://keap.kdhe.state.ks.us/BER ISL/GetidentifiedSiteListing.aspx?ProjectCode=C5-085- 03013&SiteN a me=SCHILLING%20AFB%20%28PARENT%2OSITE%29 Site Name: SCHILLING AFB (PARENT SITE) Project Code: C5-085-03013 I I BID FORM TO THE BOARD OF COMMISSIONERS CITY OF SALINA,KANSAS Project Name: FORMER SCHILLING AIRFORCE BASE SITE Building 614 Utility Relocation Project:No.: FSAFB 23100 Commissioners: 1. Proposal to Enter into Contract. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with the City to perform all Work as specified or indicated in the proposed Contract Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the proposed Contract Documents. 2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request by the City. Bidder will sign and deliver the required number of counterparts of the Contract with the bonds and other required documents,within 10 days after the date of the City's notification of award. 3. Bidder's Representations. In submitting this Bid,Bidder represents that: a. Bidder has carefully reviewed the proposed Contract Documents and the following addenda,receipt of which is hereby acknowledged: 1. 2. 3. Bidder understands and agrees that in signing this Bid, Bidder waives all right to plead any misunderstanding regarding the Contract Documents or the above- referenced addenda. b. Bidder 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. Revised 1-2-15 BF-1 I ! c. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the proposed Contract Documents, and the Engineer's written explanation is acceptable to Bidder. 4. Bid Price. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum price(s): Line Lump Sum Item Description Quantity Price Total 1 Relocation of 2 inch water service line 1 �i 5�,0a__ al/500,(`(l 2 Relocation of 8 inch fire protection line 1 54,goo,00_ 5j, g!oo OC) 3 Relocation of 4 inch sewer service line 1 a 71 5oj.oo 2 71500,o0 4 Relocation of gas service line 1 /g, 500 OD , 00,Co 5 Relocation of electric service line 1 a315oc,ob 73,5oo,00 TOTAL f`15�m0,00 Final payment for the lump sum prices shall be as provided in the Contract Documents. 5. Time of Completion. Bidder agrees that the Work will be substantially completed within //O days after issuance of a Notice to Proceed, and will be completed and ready for final payment in accordance with the General Clauses within 6 D days after issuance of a Notice to Proceed. Bidder accepts the provisions of the Contract as to liquidated damages. 6. Definitions. Terms used in this Bid shall have the meanings assigned to them in the General Clauses included with the proposed Contract Documents. 7. Business Designation. Bidder represents that its business designation is as follows (check one): Individual/Sole Proprietorship E Partnership Ti Kansas Corporation Kansas Limited Liability Company Corporation* LI Limited Liability Company* ri Other: n— *Please indicate the state in which entity is organized Revised 1-2-15 BF-2 S t t NAME OF BIDDER: ADDRESS: (0`15 C , C�b6`O^1 fl1 EP �c iS ( 7(10 E-MAIL ADDRESS: 14161 Y1IWjGt� 'rl OK-9 i I BY: /VA_ TITLE: _T&lel t'l-i— DATE SUBMITTED: g-3\ —a3 { Revised 1-2-15 BF-3 p I. City of Salina,Kansas PERFORMANCE BOND "CONTRACTOR"(Name and Address): "SURETY"(Name and Principal Place of Business): Smoky Hill, LLC Hartford Fire Insurance Company 645 E. Crawford One Hartford Plaza Salina,KS 67401 Hartford,CT 06115 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 37BCSIR6948 P.O. Box 736 Bond Amount: One Hundred Forty Five Thousand Fight Hundred and xx/100($145,800.00) Salina,KS 67402-0736 Bond Date*: October 10, 2023 *not earlier than Contract date stated below 1. The Contractor has, on the 10th day of October 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: FORMER SCHILLING AIRFORCE BASE SITE Building 614 Utility Relocations 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 � � i 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 " L 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 day of ,20 CONTRACTOR AS PRINCIPAL SURETY Smoky Hill,LLC By: Hartford Fire Insurance Company Sig Surety's Suret 's Name and Corporate Seal C. Bim' Print t_Name 1 fU i014By: � �� Title tgnature(Attach Power . =ttorney) Tara B.Earley 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 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 October ,2023 . CONTRACTOR AS PRINCIPAL SURETY Smoky Hill,LLC By: GK l j�may_ Hartford Fire Insurance Company Si ature Surety's Name and Corporate Seal Km. C. Bytikrn Print Name re30t,4By: Title Signature(Attach Pow f Attorney) Tara B.Earley 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 t ' 4 f 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): Smoky Hill,LLC Hartford Fire Insurance Company 645 E. Crawford One Hartford Plaza Salina,KS 67401 Hartford,CT 06115 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: 37BCSIR6948 P.O. Box 736 Bond Amount: One Hundred Forty Five Thousand Eight Hundred and xx/100($145,800.00) Salina,KS 67402-0736 Bond Date*: October 10, 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 10th day of October , 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: FORMER SCHILLING AIRFORCE BASE SITE Building 614 Utility Relocations 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 f ' ' < 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 day of 20 CONTRACTOR AS PRINCIPAL SURETY Smoky Hill,LLC By: frift � �— Hartford Fire Insurance Company Signature Surety's Name and Corporate Seal him E . gr -s1' PrintName Reg/d-u_A By:d),, Title ,f Signature(Attach Po r of Attorney) Tara B.Earley 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 e + ' a 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 October 2023 . CONTRACTOR AS PRINCIPAL SURETY Smoky Hill, LC By: j.�----- Hartford Fire Insurance Company Sign ure Surety's Name and Corporate Seal PrintKtni rName �� I�i'6/ By:, Title Signature(Attac w r of Attorney) Tara B.Earley 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 1 ' ' T Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYBOND,T-11 One Hartford Plaza Hartford,Connecticut 06155 Bond.Claims(a)thehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: IRON INSURANCE PARTNERS LLC Agency Code: 37-270512 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of Unlimited : Erin N. Burch, Tara B. Earley, Jennifer Fessenden, Mark A. Skidmore, Brenda R. Smith, Alicia M. Weiland, James D. Wilson of SALINA, Kansas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. fry„E. 4101 - ,e, vl 7 p ir / ' t +m ix,„ ` h &W” VP, 1079• 3 10 T 9+�f 5-4ahy it)I90.1.1,6b(ot , Shelby Wiggins,Assistant Secretary Joelle L.La Pierre,Assistant Vice President STATE OF FLORIDA SS. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly swom,did depose and say:that (s)he resides in Seminole County,State of Florida; that(s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority. r 'r- �� P. �'�� �. Jessica Ciccone :'' ..jr My Commission HH 122280 Expires June 20,2025 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of . Signed and sealed in Lake Mary, Florida. ."-- - (p...... , 'j ,�.*p4y1�.�c�+ :,µ H.1 ,.. t0aI 'Z 714.=- is . rt ,,..- ,k-. ,.. II F_-' r� '' i Sfs7 Qeil /j tlt,��y+,+.� ,.+areeur C. ���INM► • 11:,,,1079 .5 p�1079 j 4 Keith D. Dozois,Assistant Vice President * + ' s Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYBOND,T-11 One Hartford Plaza Hartford,Connecticut 06155 Bond.Claims(0thehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: IRON INSURANCE PARTNERS LLC Agency Code: 37-270512 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of Unlimited : Erin N. Burch, Tara B. Earley, Jennifer Fessenden, Mark A. Skidmore, Brenda R. Smith, Alicia M. Weiland, James D. Wilson of SALINA, Kansas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. flY ,04 ,..ea.v.rr i,•c'r*..ati. z fA�oeo♦a 4, r �, r♦61.- ;-;L.1979 Bc l07C `31919 iy it)I Ca"-`64.41'° C"--:/alb bi\1(X I() j/ Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly sworn,did depose and say:that (s)he resides in Seminole County,State of Florida; that(s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority. cps_z_c_ek •• � 111 •„.• II Jam` F�= Jessica Ciccone My Commission HH 122280 Expires June 20,2025 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of October 10, 2023 Signed and sealed in Lake Mary, Florida. tr —w uw yrr ... It)I \ ♦" tr:,r' / . 4 ♦ cr nru�.I" ' 1v a r s ! 1 1 31;-'1,-`°""'''';+.-t 4°41"".a�0 • 1., $ 1 11 1 1�•. fff7 i t $$$ t�1 t :-� \*,-.`' • •a.�'*a �•'�, 1979 1,0 -,197%•° " 1919 til jj h October 10, 2023 Keith D. Dozois,Assistant Vice President � ' I l ® DATE(MWDD/YYYY) ACOREA CERTIFICATE OF LIABILITY INSURANCE 9/29/2023 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). CONTPRODUCER NAME: Jen Pellegrino RSC Insurance Brokerage, Inc. PHONE g16-842 4800 FAX Nor 816 472-5018 P.O. Box 419013 _(A/C.No.Ext) Kansas City MO 64105 ADDRESS: jpellegrino(gthomasmcgee.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of America 25666 INSURED SMOKY-2 INSURER B:Travelers Indemnity Company of Connecticut 25682 Smoky Hill, LLC 645 E. Crawford, Suite E8 INSURER C:Travelers Indemnity Company 25658 Salina KS 67401 INSURER D:Travelers Property Casualty Company of America 25674 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:73878118 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. INSADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER ,(MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y DT-CO-0K651045-TIA-22 11/1/2022 11/1/2023 EACH OCCURRENCE _$1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO• JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: B AUTOMOBILE LIABILITY Y Y 810-8L613080-22-26-G 11/1/2022 11/1/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS -' X HIRED x NON-OWNED (Perr accid nDAMAGE $ AUTOS ONLY AUTOS ONLY t) $ D X UMBRELLA LIAB X OCCUR Y Y CUP-8L83210A-22-26 11/1/2022 11/1/2023 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1 n nnn $ C WORKERS COMPENSATION Y UB-0K730349-22-26-G 11/1/2022 11/1/2023 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVEN N!A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 1 I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Salina is included as additional insured when required by written contract.Waiver of subrogation applies when required by written contract and as allowed by law. 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 PO Box 736 AUTHORIZED REPRESENTATIVE Salina KS 67402 ;'°//277 ' n I (// 'y� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD C11- i,-)) s 1 o( 1„D3 w X g .`