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Friendship Center HVACCONTRACT THIS AGREEMENT, made and entered into this-d)ay of NOV2MLin the year Two Thousand Twelve, by and between THE OWNER: City of Salina 300 West Ash Street Salina, Kansas 67401 THE CONTRACTOR: Waddle's Heating & Cooling 346 N. 9th Salina, KS 67401 SCOPE OF WORK: THE PROJECT: Friendship Center HVAC Replacement 746 Commanche Salina, KS 67401 The Contractor shall furnish all labor and materials, equipment and related services to perform and complete the Work, as described by the proposal and Contract Documents entitled "Friendship Center HVAC Replacement" and dated, 25 September, 2012, subject to the following: It is hereby further agreed that the undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction within sixty (60) days of the Contract being signed; and the completion of the construction, ready for acceptance will be within ten (10) calendar days. CONTRACT AMOUNT: The Owner shall pay the Contractor for the faithful performance of the Work, upon satisfactory completion and acceptance of the Owner, the total not to exceed lump sum of "twenty-three thousand nine hundred twenty-seven dollars" ($_23,927.00), subject to additions and deductions by change order as provided in the conditions of the Contract Documents. CONTRACT DOCUMENTS: The Owner and the Contractor agree that any reference herein to the Contract shall include all Contract Documents listed and prescribed in the referenced General Conditions and the Contract Documents as fully as if set out at length herein. IN WITNESS WHEREOF, the parties hereto have caused execution of this instrument in three (3) original counterparts as of the day and year above written. CONTRACTOR: OWNER: Waddle's Heating & Cooling City of Salina 346 N. 9th 300West A St. Salina, KS 67401 SAI/ina, K 7401 �f// I&UfP L-il Ie &62L,Notman M Jetmines, N (printed name and title) O® CERTIFICATE OF LIABILITY INSURANCE DATE ns/2012 1 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Tim Newell (785) 823-3814 1013 Albert Ave. Salina, KS 67401-6611 (077/662) CONTA CT NAME: PHONE FAX Ear- C No: EJMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC0 INSURER A: American Family Insurance INSURED Waddles Heating & Cooling 346 N 9th St Salina, KS 67401 INSURER S: 3/9/2012 INSURER C: EACH OCCURRENCE $ 1,000,000 INSURER D: MED EXP (Any one person) $ 5,000 INSURER E: INSURER F: GENERAL AGGREGATE $ 2.000,000 COVERAGES CFRTIFICATE NUMBER' 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 LTR TYPE OF INSURANCE A OL SUERrt POLICY NUMBER EFF sharooIYYYY MMIDDPOLICY EXP YIYYYY DMITS PAULAJEAN SMITH GENERAL LIABILITY K COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-1 OCCUR 15-X45294-29-00 3/9/2012 3/9/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES lEa occuR nra $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 GENT AGGREGATE —1 POLICY LIMIT APPLIES PER: PRO LOC JECT PRODUCTS-COMP/OPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY iL ANY AUTO K ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED 1HIRED AUTOS AUTOS 15-X45294-01-00 3/9/2012 3/9/2013 COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per accident) $ 1,000,000 PROPERTY DAMAGE E 1,000,000 Peramdent 8 UMBRELLA LIAR EXCESS LIAB H OCCUR CLAIMS -MADE 15-X45294-34 03/09/2012 03/09/2013 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ OED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y❑ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below NIA 15-X45294-90-00 3/9/2012 3/9/2013 &RSTATU- OTH- E.L. EACH ACCIDENT $ 500.000 E.L. DISEASE - EA EMPLOYEE s 500,000 E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mom apace is required) HEATING AND COOLING CERTIFICATE HOLDER CANCELLATION CITY OF SALINA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 300 W ASH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SALINA, KS 67401 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE PAULAJEAN SMITH © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CL IDI Ila V)Y City of Salina Building Maint Div GENERAL CLAUSES General Clauses 1. APPLICATION These general clauses are a part of the contract documents and shall be binding upon all parties, except for the parts obviously not applicable to the particular contract; or if specifically revised, modified or supplemented by the technical specifications, proposal 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. OWNER. The First Party, the City of Salina, Kansas, a municipality, acting in his own behalf or through legally authorized officials. b. CONTRACTOR. The Second Party, whether an individual, partnership, firm, or corporation executing a contract, acting directly or through lawful agents or employees, and who is primarily liable for the acceptable performance of the work under contract and for payment of all legal debts pertaining thereto. c. BIDDER. Any individual, partnership, firm or corporation submitting a proposal for performing the work. d. OWNER OR OWNER'S REPRESENTATIVE. Project supervisor assigned by the originating Department of the City of Salina, Kansas. e. COORDINATOR. An authorized representative of the Owner assigned to inspect the work performed or materials furnished by the Contractor, or all other duties required for construction of the project as set forth in the specifications. f. CONTRACT DOCUMENTS. The term "Contract Documents" shall include the request for bids, information for bidders, technical specifications, general clauses, performance bond, statutory bond, contract, proposal, and drawings. g. SPECIFICATIONS. The directions, provisions, and requirements pertaining to the method and manner of performing the work, to the kind and type of equipment, or to the qualities of materials to be furnished. h. CONTRACT. The written agreement covering the performance of the work. i. PROPOSAL. The written offer of the Bidder to perform the contemplated work in accordance with the contract documents. j. DRAWINGS. The working drawings, supplemental drawings, or reproductions of the drawings showing the location, dimensions, and details of the work to be done. k. CHANGE ORDER. A written proposal and agreement, executed by the Contractor and Owner and accompanied by new surety bonds in the full amount of the change order, covering work not included in the original contract documents. The Owner 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 document or if the total net change increases or decreases the total contract price more than twenty-five percent (25%) the Owner shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change. If the proposal is acceptable, the Coordinator 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 Owner may order the Contractor to proceed with the work on a "Force Account' basis. (See paragraph 41, General Clauses.) I. STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods approved by the Owner of any society, association, or organization herein referred to are hereby made a part of these contract documents the same as if written in full. Reference to such "Standard Specifications" refer to the latest standard and tentative standards as are in force on the date bids are received. 3. BONDS. The contractor shall furnish such surety bonds as hereinafter identified and described. Any and all bonds shall be so written as to make these bound specification a part thereof, whether by reference or attachment, in order to give the Surety full notice of the conditions thereof. Each such bond shall be a legally issued surety drawing in an amount not less than the total contract price; meeting approval of the Owner and all other parties concerned as required by law as to form, tenor, execution and surety; and shall be delivered to the Owner within ten days from and after execution of the contract and before commencement of the work. The Contractor shall have no rights under the contract until such acceptable bonds have been furnished and delivered. The Owner may waive the conditions as to time, and the acceptance of said bonds after expiration of the specified interval shall not affect the validity of the contract or any such bonds. a. PERFORMANCE BOND. A surety bond, running to the Owner, conditioned upon the prompt, full, and complete performance by the Contractor as principal of his covenants, obligations, and agreements as contained in the contract documents; and further conditioned that for a period of one year after final acceptance of the works as a whole, the Contractor at his expense and free of charge to the Owner, shall make good all defects in materials or workmanship or 3 any improper, imperfect, or defective preparation of the ground upon which such improvements are constructed. b. STATUTORY BOND. A surety bond running to the State, conditioned that the Contractor as principal shall pay all indebtedness incurred for labor, supplies, equipment, and materials furnished in making the improvements called for by the contract documents. 4. CONTRACTOR'S INSURANCE. Prior to or at the time of execution of the contract, the Contractor shall file with the Owner a "Certificate of Insurance" or other evidence as necessary to show that he and his subcontractors, if any, carry adequate coverage fully to protect themselves against such claims which may arise from operations under this contract, whether such operations be by the Contractor or any subcontractor or anyone directly or indirectly employed by either; said coverage to be in the form and minimum amounts hereinafter specified. Each certificate shall contain a clause requiring the insurer to notify the Owner at least 30 days in advance of any cancellation or change in insurance contracts. All policies shall be subject to approval by the Owner as to insurer and adequacy of protection. Se attached insurance coverage sheet, "Attachment #1". 5. PATENTED DEVICES AND PROCESSES. All fees, royalties, and licenses for any patented invention, device, article, or process used in, upon, or in connection with the construction, erection, or operation of the work or any part thereof, shall be included in the contract price or prices; and the Contractor shall hold the Owner harmless against any claim or demand for payment of such. 6. TAXES. Unless otherwise specified, the City shall issue a Tax Exemption Certificate for this project. The certificate shall be issued at the same time as the contract. Materials may be purchased after the certificate is received and the number noted on all purchases. If a certificate is not issued, the Contractor shall bear the cost of all such taxes and shall protect the City against liability, therefore, by reason of any federal or state law, or regulation in effect at the time of signing the contract. 7. WATER, GAS, AND ELECTRICITY. Water, gas, and electricity require 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 used by him, unless specified exemption be made in the technical specifications. 8. PERMITS, LICENSES, AND REGULATIONS. Permits and licenses of a temporary nature necessary for the commencement of the work in accordance with all applicable local laws (including building and fire codes), state, and federal laws shall be secured and paid for by the Contractor. Permit, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured by the Contractor and paid for by the Owner 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. 9 9. NOTICES. The Contractor shall give written notice, not less than 24 hours before breaking ground for the project, to all persons in charge of any property that may be affected by his operations. He 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 owner's representative of his intention to begin, suspend, or resume operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 10. 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 sued 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 his expense. Waste materials shall be disposed of in a satisfactory manner at approved locations. Unless otherwise provided in the proposal and section entitled "Basis of Payment," 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 a 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 arrangements made for the prompt repair and restoration of services. See paragraph entitled "Public Utilities." b. SURFACE OBSTRUCTIONS. Sidewalks, curb and gutter, drainage structures, and similar obstructions may be tunneled under if length of tunnel sections at pipe is not more than eight feet; otherwise the obstruction shall be cut in straight lines parallel to the pipeline, or removed to the nearest construction joint if located within five feet of the centerline of the trench; provided that, in no case shall the joint or line of cut be less than one foot outside the edge of the trench. Surface obstructions removed to permit construction shall be reconstructed as specified for new construction, or if not specified, in accordance with accepted standard practice and to the dimensions, lines, and grades of original construction. Backfill of tunnel sections shall be rammed in place as directed. c. PUBLIC UTILITIES. Public utility pipelines, poles, cables, conduits, and wires which interfere with construction shall be located before work begins, and, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible bypass or work around the facility, the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. Cost of such removal or relocation work shall be borne by the Owner, provided that the facility to be removed or relocated has been installed at a specific location and specified depth under terms written in the franchise; otherwise all costs shall be borne by the utility company. The Owner shall notify the utility company in writing of the approximate date on which construction work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation work has not been accomplished prior to construction at the location, the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. d. TREES & SHRUBS. Existing trees and shrubs that must be removed to complete the project within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without restoring to hand methods of excavation, and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. e. SODDED AND LANSCAPED AREAS. Sodded and landscaped areas such as parking on or adjacent to improved property, shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location, the trenches and/or other disturbed areas shall be carefully hand raked to allow the private property owner to reseed grass or otherwise 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 his own responsibility and expense, or by separate negotiation with the respective owner. 11. SALVAGED MATERIALS. All materials not the property of other parties or required for new construction shall remain the property of the Owner. The Contractor shall handle, transport, and store such salvaged materials at designated points or locations at no additional cost to the Owner. The Contractor shall be responsible for the care and protection of such materials until delivered to the designated location and shall make good any losses occasioned by damage, theft, or misappropriation while the materials are on the work site or enroute to the place of storage. N 12. MATERIALS FURNISHED BY OWNER. All materials, supplies, or equipment furnished by the Owner for incorporation in the work shall be handled and transported by the Contractor at his expense from cars, warehouses, or yards where received or stored by the Owner. 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 Owner, and shall make good all losses and breakage due to carelessness or negligence while same are in the Contractor's possession. 13. BARRIERS, LIGHTS, AND WATCHMEN. The Contractor shall erect and maintain fences, barriers, barricades, and warning signs and shall employ flagmen and watchmen, all as required, to prevent accidents to the general public and to workmen. Contractor shall implement traffic control devices and barricades for work zone safety in accordance with Any work which extends into the public right-of-way (streets, alleys, etc.) 14. 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 by the Owner for removal or reconstruction. 15. PUBLIC CONVENIENCE. During the progress of the work, the convenience of the local public and of building occupants shall be considered and, where possible, their rights of access shall be preserved. 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. Particular attention must be made to ensure that accessible routes are available or reasonable accommodation is made for those with disabilities. 16. QUALITY OF MATERIALS AND EQUIPMENT. All materials shall meet the requirements of the technical specifications or, if not specified, shall meet the generally accepted commercial standards for such materials when used for the intended purposes. No materials shall be incorporated in the work until they have been examined and approved by the Coordinator. All rejected materials shall be removed promptly from the site. Wherever in any of the contract documents an item of material is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted, shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturer's products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 7 17. WORKMANSHIP. All improvements shall be constructed in a neat and workmanlike manner. Improper or defective work shall be corrected and if necessary removed, replaced, or reconstructed to comply with the plans and specifications. The Contractor shall be held responsible for the quality of the entire work; should the Contractor refuse or neglect to remedy defects when ordered to do so, the Owner may require the condemned portions to be replaced, restored, repaired, or reconstructed at the expense of the Contractor or the Contractor's Surety. 18. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments, benchmarks, and markers of local, state, or federal government distinction or ownership, and shall not excavate within 5 feet of any of them without specific permission. 19. TEST SAMPLES AND SPECIMENS. Properly identified test samples and specimens shall be submitted by the Contractor in ample time to permit tests to be conducted, and results determined, well in advance of the time such materials are to be incorporated in the work. Samples and specimens shall be submitted in standard or ample sizes and quantities for the determination of all specified tests, and shall be shipped charges prepaid to an approved testing laboratory. Commercial laboratories shall be instructed to distribute copies of test results to the Contractor and Owner. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. 20. SPECIAL CONSTRUCTION METHODS. The Coordinator may assent to special methods of construction or means of prosecuting the work other than as provided or stipulated in the technical specifications, but his assent or his presence on the work while such methods are in use shall not constitute a waiver of the contract, or any part thereof, by the Owner. Nor shall the fact the Coordinator may have seen work executed which later is found to be defective, nor shall any act of his assistants, constitute a waiver of any part of the contract. The Contractor shall be held responsible for the quality of the entire work. 21. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for review to the Owner three 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 Owner's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from drawings or specifications, nor shall it relive him from responsibility for errors of a sort in shop drawings or schedules. Record drawings will be required within 10 days after the project is completed if final drawings will vary from the original design. 22. REPRESENTATION. The Contractor shall be represented on the work at all times by a competent superintendent, satisfactory to the Owner and capable of reading and understanding the drawings and specifications. The superintendent shall have full authority to employ required workmen, order materials, arrange for construction equipment, and otherwise represent the Contractor in his absence; any direction given to him by the owner shall be as binding as if given to the Contractor. N 23. 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 Owner, and with other contractors or constructors concerned in the work. He shall plan and schedule his 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 owner will allocate the work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Owner 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 Owner. 24. 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 work unless otherwise specified. 25. FINAL CLEANUP. Immediately upon completion of the work or any usable unit, the Contractor shall remove all surplus and 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 as designated by the Coordinator. 26. RESPONSIBILITIES OF THE CONTRACTOR. All works shall conform to the technical specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions shown on the drawings or given by the Coordinator. The Contractor must be satisfied before commencing work as to the correctness and meaning of all stakes and marks. No claim will be entertained for, or on account of, alleged inaccuracies unless the Contractor notifies the Owner thereof in writing before commencing the work. The Contractor under the contract prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or otherwise furnished as specified; and shall perform all operations necessary to construct and complete the improvements, ready for use, including all preparatory, temporary, and incidental work. The Contractor shall be responsible for the protection of all work under his/her contract; any work or materials damaged or impaired from any cause prior to final acceptance of the completed whole shall be restored or reconstructed by him at his/her expense. All losses or damages arising from the nature of the work to be done, from the action of the elements, or from unforeseen circumstances or difficulties, shall be sustained by the Contractor. Such losses or damages shall not relieve the Contractor of his/her responsibility to fulfill the contract and to deliver a completed work in accordance with the contract documents. The Contractor shall provide the Owner and his representatives free access to any and all parts of the work, whether within the construction limits or at any place where material intended for incorporation in the project is procured, produced, or manufactured. The Contractor shall furnish all required information relating to the work or materials, including copies of invoices, bills of lading, waybills, and test reports. The P Contractor shall be present at, and assist in, the final inspection of the project and shall furnish all labor and equipment required for final tests. The Contractor shall furnish all stakes, batter board, straightedges, grade string, and shall furnish men to set them under the direction of the Coordinator. The Contractor shall notify the Coordinator at least 48 hours in advance, stating where stakes are wanted, before requiring stakes on any section of the project. After construction stakes are set, the Contractor shall preserve them. Any work done without lines and grades as given by the Coordinator, or without supervision of any authorized representative of the Owner, may be ordered removed and replaced at the expense of the Contractor. 27. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of his/her employees and shall maintain the same in a clean and sanitary condition. He shall not create or permit any nuisance to the public or to residents in the vicinity of the work. 28. APPROVAL OF SUBCONTRACTORS. The Contractor shall not assign or transfer this contract. Subcontracts shall not relieve the Contractor of liabilities under this contract; should any subcontractor fail to perform the assigned work satisfactorily, the Contractor will be held responsible. 29. RESPONSIBILITY OF THE COORDINATOR. The findings and determining of the Coordinator on all questions pertaining to materials and workmanship or as to interpretation of the drawings and specifications shall rule and govern. 30. 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, the drawings, specifications, or contractual documents provided by the Contractor, the language and provisions of this contract shall take precedence and prevail. If an interpretation of the drawings and specifications is necessary, the Owner's Representative will determine in each case whether the drawings or specifications shall rule or govern. 31. INSPECTION. The Owner's Representative shall inspect all materials to be incorporated, construction equipment to be used, and all work to be performed under this 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 Owner or his representatives. The Coordinator will conduct field tests on work and materials whose physical characteristics and general suitability may be determined under such procedures. The Coordinator 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. Coordinator shall have no authority to deviate from or to relax the specifications without written permission of the Owner or delay the work by failing to inspect or field test any of the work and materials with reasonable promptness. 10 The Coordinator will maintain a project record showing the chronological sequence of progress. He will prepare such progress reports as required during construction and at monthly intervals will prepare, and submit to the Owner, periodic payment estimates based on the amount and value of all work performed to date by the Contractor. 32. WORK AFFECTED BY WEATHER. The Owner's Representative 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. Weather days, which cause the extension of the contract time line, will be agreed upon by the Contractor and Owner's Representative. 33. CONTROL AND REGULATION OF WORK. The Owner or Coordinator shall have the authority to exercise his judgment and initiative in the control and regulation of the work. The Owner or Coordinator 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. 34. USE OF COMPLETED PORTIONS. The Owner shall have the right to take possession and use of any completed portion or usable unit of the work at any time, but such possession and use shall not be deemed an acceptance of any work not constructed or completed in accordance with the contract documents. If such prior use delays the completion or increases the cost of work, the Contractor shall be entitled to such extension of time or extra compensation, or both, as the Owner's Representative may determine. The Owner, in taking possession prior to final acceptance, shall agree to abide by the Owner's Representative's decision relative to responsibility for damages to the work during the period of such prior possession and use. 35. VARIATIONS, CHANGES, AND MODIFICATIONS. The work contemplated in the contract documents may be subject to such changes as normally occur during construction. The Owner's Representative, when acting within the authority entrusted to him/her, may order minor variations in the work; provided such variations are consistent with the intent of the drawings and specifications and improve or expedite the work. The Owner's Representative may, without written order or other formality, correct obvious errors in the drawings and specifications or make such minor adjustments as are required to adapt the work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the drawings and specifications, and do not materially affect the total contract price. The Owner reserves the right to make such changes in the drawings, the specifications, and other changes in the contract quantities as may be considered necessary or desirable; provided such changes, alterations, and modifications are affected legally and in accordance with the following procedures. No work may be performed under any change order until all documents have been approved by the Owner's Representative and executed by the contracting parties. After such approval and execution, all work included shall be subject to the terms, conditions, and provisions of the original contract 11 documents, except as otherwise specifically stipulated. In case a satisfactory adjustment in price or other basis cannot be obtained, the work may be ordered done by force account. 36. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If, through no fault of the Contractor or his employees, the work is stopped for a period of three months or more under order from any court or other public authority; or if the Owner fails to pay the Contractor within 30 days after due presentation any sum certified by the Owner's Representative; the Contractor may, upon the seventh day after written notice to the Owner, stop work or terminate his contract and recover from the Owner full payment for all work properly executed, together with invoice cost of unincorporated materials purchased by the Contractor or on irrevocable order plus the actual cost of handling and storing said materials, provided said handling and storing cost does not exceed 5 percent of the invoice cost. 37. OWNER'S RIGHT TO SUSPEND WORK. The Owner may suspend work on any or all parts of the work pending arbitration or settlement of disputes on any point of controversy. The Contractor will not be entitled to any claim for loss or damage by reason of such delay; nor shall he be entitled to any extension of time for completion of the contract, except the Owner may grant such extension of time at his option. 38. OWNER'S RIGHT TO TERMINATE CONTRACT. If the Contractor for any reason is unable to complete the work or if he be intolerably negligent and slow in his prosecution of the work or if he/she persistently disregards laws, ordinances, and regulations, or the directions of the Owner's Representative, or if he/she is otherwise be guilty of a substantial violation of any provision of the contract documents, the Owner may, without prejudice to other right or remedy, terminate the contract in the manner and under the procedure set forth below. Before the contract is annulled, the Owner shall issue written notice to the contractor and his/her surety stating the conditions which make annulment imminent. If the Contractor or his/her surety makes no satisfactory effort within 10 days to correct said conditions, the Owner may declare the contract annulled and shall so notify the Contractor and the surety. The Contractor, upon receipt of the notice of annulment, shall cease immediately all operations under the contract. The Owner may then proceed with the work the Owner desires. The rights are reserved to the Owner to take possession of any project materials, construction equipment, implements, tools, and incidentals found on the work and to use them to complete the project. When the work is completed the total cost thereof, including all expenses, losses, engineering, and legal services incident to annulment, shall be computed. If the total cost is more than the contract price, the difference shall be made up by the Contractor or the Surety. If the total cost is less than the contract price the difference will be paid to the Contractor or the Surety. 39. WAR CLAUSE. In the even it becomes necessary by reason of war or preparation for war to terminate the contract prior to its completion, settlement will be made for all work properly executed plus the value, based on receipted invoices, or unincorporated materials. 12 40. DAMAGES. If the Contractor shall fail to complete the work in accordance with the specifications called for under the Contract Documents on or before the date specified in the Contract, nothing herein shall be deemed: (a) To be a waiver of the right of the Owner to insist upon the performance of this contract within such time; (b) To prevent the Owner from looking to the sureties of the Contractor for any and all damages caused by any such delay; or (c) To be a consent or waiver of any abandonment of the work by the Contractor either before or after the date fixed by the Contract for completion. If within ten days after the receipt by the Contractor's surety of a written notice from the Owner that the work has been abandoned by the Contractor, or that the Contractor has failed to perform its contract, Contractor's surety shall fail: (a) To take over such work and enter into an agreement with the Owner to complete the work in accordance with the Contract Documents; and (b) To accept as compensation for completion of the work only such remaining part of the contract price which shall not have been previously paid by the Owner to the Contractor; then, in such event, the Owner shall have the right to take over and complete the work or to let another contract for completion of the work, and the Contractor and the Contractor's surety shall remain liable for full performance and completion of the Contract and for all loss and damage suffered by the Owner in connection with the work. 41. 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 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 observe the provisions of Chapter 13 of the Salina Code and shall not discriminate against any person in the performance of work under this Contract because of race, sex, sexual orientation, gender identity, religion, age, color, national origin, ancestry or disability; (3) 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; `63 (4) 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 Contactor 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) 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 Contactor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended, in whole or in part, by the City; (6) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, sexual orientation, gender identity, religion, age, color, national origin, ancestry or disability; and (7) 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. 14 cayor CERTIFICATE OF COMPLETION CITY OF SALINA CONTRACTED DATE OF ISSUANCE: PROJECT NAME: OWNER'S CONTRACT NO. OWNER: City of Salina P.O. Box 736 Salina, KS 67401 Phone # : 785-309-5725 DESIGNER: Phone #: PRIME CONTRACTOR: Phone # : This Certificate of Completion applies to all Work under the Contract Documents or to the following specified parts thereof: 1. Contract Documents The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, DEVELOPER, and ENGINEER, and that work is hereby declared to be complete in accordance with City of Salina Standard Specifications. DATE OF COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in. the tentative list shall be completed or corrected by CONTRACTOR prior to final execution of the "Certificate of Completion". The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, utilities, insurance and warranties, and guarantees shall be as follows: OWNER: Own, operate, and perform routine maintenance on the public improvements as previously described. However, repairs to defects will be the responsibility of the developer for a one-year period as described below. CONTRACTOR: The Contractor, at his expense and free of charge to the Owner, shall repair all defects in materials, workmanship, or any improper, imperfect, or defective preparation for such improvements for a one-year period beginning on the date indicated previously as the "Date of Completion". The following documents are attached to and made a part of this Certificate: (For items to be attached see definition of Completion as supplemented and other specifically noted conditions precedent to achieving Completion as required by Contract Documents.) This certificate does not constitute an acceptance of Work, which is not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by Construction Inspector on: Construction Inspector: Contractor accepts this Certificate of Completion on: Contractor: Owner accepts this Certificate of Completion on: ( Date ) ( Dale ) ( Date ) ( Printed Name ) ( Authorized Signature ) ( Printed Name ) ( Authorized Signature ) Owner: Dion Louthan, City of Salina ( Printed Name ) ( Authorized Signature ) City of Salina INVITATION TO BID Date: September 11, 2012 Project: City of Salina Friendship Center 746 Commanche Salina, KS 67401 HVAC Replacement Invitation to bid is hereby made by the City of Salina to Kansas Heating and Air Conditioning Contractors to bid on the Friendship Center HVAC Replacement as specified: Sealed Lump Sum Bids must be received from bidders as follows: Date: September 25, 2012 Place: City Clerk's Office Time: 10:00 AM Sealed bids must be received by mail or delivered to City Clerk's Office, located at 300 W. Ash, Salina, KS 67401 prior to 10:00 AM, September 25, 2012. Late bids will be returned unopened. Bids will be opened at 10:OOAM on September 25, 2012, in Room 206 at the City/County Building. The City intends to award this work upon review and approval of the bids received. The successful Contractor will be given 10 working days, after notification of the contract award, to return all of the signed contracts and insurance certificates as required. After approval of the signed contracts and certificates, the contractor will be given notice to proceed. The competence and responsibility of the bidders will be considered in awarding of the contract. The City of Salina reserves the right to waiver irregularities in bids and to reject any and all bids. Bidders are to carefully examine the drawings specifications, visit the work site and to inform themselves as to all conditions and matters which can effect the work and the cost. Should the bidder find any discrepancies in or omissions from the drawings or specifications, they should at once notify Byron Erickson and obtain clarification prior to submitting a bid. The Contractor will specify the amount of time required for them to complete this project and the starting date. The City will issue a tax exemption certificate for this project, upon issuance of a signed Contract. Questions and clarifications may be directed to Byron Erickson, Facilities Superintendent, City of Salina, 420 E. Ash St., Salina, KS 67401, Ph 785-309-5768 or FAX 785-309-5771 BID FORM TO: City Clerks Office, Room 206, 300 W Ash St, Salina, Kansas 67401- on or before 10:00am, 25 September 2012. Pursuant to the proposed Contract Documents relating to the "Friendship Center HVAC Replacement', SALINA,KANSAS, the undersigned, having become thoroughly familiar with the terms and conditions of the proposed Contract Documents, and having visited the site where the proposed work is to be performed, hereby proposes and agrees to fully perforin the work in the strict accordance with the proposed contract documents, including furnishing of any and all labor and materials, and to do all of the work required to install and complete said work in accordance with the Proposed Contract Documents. The undersigned hereby understands and agrees that the Owner reserves the right to reject this bid, but that this bid shall remain open and shall not be withdrawn for a period of thirty (30) days from the bid date. BASE BID: All labor and material, services and equipment necessary to complete the bid work described in the Proposed Contract Documents. __ JJ iiwent I �A/O rfttJ—i-%11"PA, �i7DUSfId fl 2iflEhUndl-CCI. Pr /4�elIW eSwe(1 Do lars ($23327-00 If awarded this Contract, the Undersigned will begin the work on Ct . 5 201 Z and will complete the work within ivU calendar days. If written notice of acceptance of this bid is mailed or delivered to the Undersigned within (30) days after the date set for the opening of this bid, the undersigned will execute the Contract Documents to the Owner in accordance with this bid as accepted, and will also furnish and deliver to the Owner the proof of insurance coverage, all within ten (10) days after personal delivery or after deposit in the mail of the notification of acceptance of this bid. BIDDER: Waddles fleakno G NoLna — Bruce. Waddle, Phone/fax - '185- 97-7-,5232- ADDRESS: z7-s23zADDRESS: Salina, ISS X7401 DATE OF PROPOSAL: t Qp tem b er 25 12_ SIGNATURE OF BIDDER--/ 0� IDDER /� Printed name & title: Bnkce Waddle, V;ce Dras.den% CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 10/15/2012 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: PARKS AND RECREATION ITEM FINAL APPROVAL: NO: Page 1 BY: Dion Louthan BY: ITEM: Award of contract for the replacement of the main HVAC unit at the Friendship Neighborhood Center, Project No. 12-2919. BACKGROUND: The Friendship Neighborhood Center was constructed in 1978 and the HVAC unit recommended for replacement was installed in 1990. The current system is not functioning at minimum requirements. The issues with the existing system include; 1. The bottom of the blower section is leaking. 2. The burn chamber has extensive rust damage. 3. The A/C coil pan is leaking. 4. The fresh air intake grill is leaking water into the building. The new unit manufacturer's warranty covers the compressor and furnace for five years and all parts for one year. Bids were solicited (with bid bonds) and three contractors responded. Listed below is the breakdown of bidders and corresponding costs. Contractor Bid Amount Bid Bond Waddle's Heating & Cooling $23,927 Yes Comfort Heating &Air $24,803 No Pestinger Heating &Air $24,697 No FISCAL NOTE: This project is part of the approved 2012 Buildings and Facilities Sub CIP and to be funded through sales tax. The total funds authorized for this project is $21,000. The difference will be made up from savings on other projects within this fund. CONFORMANCE WITH STRATEGIC PLAN: Goal 3 Action Item: Maintain a stable operating budget for the delivery of core public services, while investing as many financial resources as practically possible into maintaining and developing the public infrastructure. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 10/15/2012 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: PARKS AND RECREATION BY. ITEM FINAL APPROVAL: NO: Page 2 BY: Dion Louthan BY: RECOMMENDED ACTION: Staff submits the following options for City Commission consideration. 1. Award the bid for the replacement of the main HVAC unit at the Friendship Neighborhood Center, to Waddle's Heating and Cooling in the amount of $23,927 for Project No. 12-2919. 2. Reject all bids and rebid the project at a later date. 3. Provide another option or give further direction to staff. City staff recommends option 1.