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ContractPROJECT NO. 13 -2957 SALINA MUNICIPAL GOLF COURSE SANITARY SERVICE LINE * * ** Norman M. Jennings, Mayor * * ** COMMISSIONERS Samantha P. Angell Kaye Crawford Aaron Householter Barbara Shirley * * ** Jason A. Gage, City Manager Lieu Ann Elsey, City Clerk Daniel R. Stack, P.E., City Engineer ,,•'`ry��```:« p w� Hi toll \p~ OP ? February 2013 A l p V S� TABLE OF CONTENTS PAGE REQUESTFOR BIDS -------------------------------------------------------- ----------- ------------- - - - - -1 INFORMATION FOR BIDDERS------------------------------------------------------------ - - - - -- IB -1 PROPOSAL--------------------------------------------------------------------- --------------------- - - - - -- P -1 CONTRACT-------------------------------------------------------------------------------------------- - --C -1 PERFORMANCE BOND ------ - - - - -- CERTIFICATE OF COMPLETION SECTION 1 -GENERAL ----- - - - - -- PB -1 CC -1 -- 1 -1 SECTION 51 - BASIS OF PAYMENT----------------------------------------------------------- - -51 -1 PLANSHEET ------------------------------------------------------------------------------------------------- SECTION 101 -TRENCH AND BACKFILL -------------------------------------------- - - - - -- 101 -1 SECTION 402 - FINISH GRADING & SEEDING ------------------------------------- - - - - -- -402 -1 SECTION 601 - SANITARY SEWER PIPELINES------------------------------------ - - - - -- -601 -1 GENERAL CLAUSES - (TABLE OF CONTENTS) ------------------------------------ - - - - -- GC -A TOC -1 REQUEST FOR BIDS Sealed proposals for the construction of the following improvements will be received by the City of Salina, at the office of the City Clerk, City- County Building 300 West Ash, Salina, Kansas, until 10:00 a.m., TUESDAY, March 12, 2013, at which time the proposals will be opened publicly and read aloud. PROJECT NO. 13 -2957 SALINA MUNICIPAL GOLF COURSE SANITARY SERVICE LINE The drawings, specifications, and other contract documents are the property of the City of Salina, Kansas, and are available for public inspection at the office of the Department of Public Works, Room 205, 300 W. Ash, Salina, Kansas 67401. The documents may be purchased from the office of the City Engineer upon payment of $30.00 for each set of plans and specifications, which are non - refundable. The character and amounts of security to be furnished by each bidder are stated in the above mentioned contract documents. No proposal may be withdrawn within 30 days from the scheduled closing time for receiving proposals. The City of Salina, Kansas, reserves the right to reject any or all proposals and to waive any irregularities therein. THE CITY OF SALINA, KANSAS /s/ Lieu Ann Elsev CITY CLERK 1 INFORMATION FOR BIDDERS 1. The work to be done under this contract is shown on the drawings and described in the technical specifications. 2. The contract documents include the drawings and specifications on file with the official representative of the Owner, the advertisement for bids, this information for bidders, the proposal and contract forms, and the bonds and securities to be furnished by the Contractor. 3. Each bidder shall be acquainted with all conditions pertaining to the proposed work, and shall personally examine the site. Any prospective bidder in doubt as to the meaning of any part of the contract documents may submit to the Engineer a written request for an interpretation thereof. The person submitting such request shall be responsible for its prompt delivery. Official interpretation, modification, or revision of the contract documents will be made only by addendum duly issued and mailed or delivered to each party having a set of contract documents. The Engineer assumes no liability for any other explanations or interpretations of the documents. 4. Bids shall be based on materials and equipment fully complying with the drawings and specifications. The Contractor shall be responsible, under this contract price or prices, for furnishing and installing materials and equipment conforming to the stipulated requirements, even though he names in his proposal other kinds or types of materials and equipment. 5. No bidder shall be interested in more than one bid. Submission of more than one bid by any firm or individual under different names, or collusion among bidders, shall be cause for rejection of all such bids without consideration. 6. The attached proposal form shall be filled out in full. Proposals for less than all the work will not be considered, except if the work were divided into two or more parts, in which case each part covered by the bid shall be filled out in full. Extensions and totals submitted in the bid will be subject to audit and verification; unit prices shall govern in event of discrepancies between unit prices and extensions or totals. Each proposal shall bear the bidder's name, exact post office address, and the names and addresses of all persons and parties interested with him therein. Any person signing as an agent shall submit acceptable evidence of his authority. 7. The unit price for each of the items in the proposal of each bidder shall include its prorate share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement will be rejected. Revised Dec14 2012 - WEN IB -1 The Owner may make changes in the scope of the work required to be performed by the Contractor under the contract by making additions thereto, or by omitting work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the contract or any guarantee given by him pursuant to the contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. No limit will be fixed and no change order will be required for such increased or decreased quantities nor shall any adjustment in unit prices be allowed, provided the net monetary value of all such additive and subtractive change in quantities of such items of work shall not increase` or decrease the original total contract amount by more than twenty -five percent (25 %). 8. Each bidder shall submit with his proposal a certified check, cashier's check on a solvent bank, or an acceptable bidding bond, in the amount of five per cent of the total bid shown on the proposal. This security shall be made payable to the Owner and will serve as a guarantee that the bidder will file all bonds and securities required and enter into any contract awarded him in accordance with the terms of his bid within ten (10) days after certification of award. Should the successful bidder fail to enter into contract with the Owner; said bid security shall be forfeited as liquidated damages; and the money derived therefrom will be turned to the use of the Owner. 9. Bids shall be sealed, the outside of the envelope marked with the title of the improvements,, and addressed to the Owner. The Owner's name and address, and the time and place for submission of bids, are shown in the "Request for Bids." Bids received after the specified time will be returned, unopened, to the bidder. Bids submitted by "FAX" will not be accepted. 10. All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid Security prior to that date. 11. Bidders are requested to be present at the opening of bids. All proposals shall be made and received with the express understanding that the bidder accepts the terms and conditions set forth in these instructions and the attached specifications, contract, and bond forms. 12. Asper Salina Code Article XII Public Improvement Procedures Sec. 2 -234 (8) (c) "the governing body lets the work for the project to the responsible bidder submitting the lowest and best bid, taking into consideration any factors relevant to furtherance of the public interest and reserving the right to reject any and all bids for any lawful reason." Before award of the contract, the successful bidder will be required to satisfy the Owner as to his experience and competence to construct the work, his integrity and reliability in carrying out the provisions of his performance bond, and his resources for the vigorous prosecution of the work. 13. All bids must be regular in every respect and no interlinations, excisions, additions, deletions, alterations or special conditions shall be made on or included with the proposal form. If the work is divided into two or more parts, the bidder shall not tie the bids for the Revised Dec14 2012 - WEN IB -2 various parts of the work together in any manner. Any bid not conforming to these requirements will be rejected. 14. 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, 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; (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, 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. Revised Dec14 2012 - WEN I B -3 15. No proposal will be accepted from any person or firm who is in arrears to the City of Salina, Kansas upon debt of contract, who is in default as surety or otherwise upon any obligation to the City, or who has failed in previous contracts to comply with the requirements of the specifications and to fulfill his contracts. 16. Questions regarding the CONTRACT DOCUMENTS shall be submitted in writing to the ENGINEER no later than seven (7) days prior to the opening of bids. The ENGINEER shall respond in writing, via fax, to all plan holders in an expeditious manner, and no later than three (3) days prior to the opening of bids. All questions concerning this project during the bidding process shall be forwarded to the project contact listed below. Wayne Nelson, P.E., Project Contact 300 W Ash, P.O. Box 736 Salina, KS 67402 -0736 Telephone Number: 785 - 309 -5725 e -mail: wayne.nelson @salina.org Revised Dec14 2012 - WEN IB -4 PROPOSAL TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS Commissioners: The undersigned hereby certifies that he has carefully examined the specifications and other contract documents; has fully investigated the location, character, and extent of the work to be done and the materials to be furnished in connection with the construction of the SALINA MUNICIPAL GOLF COURSE SANITARY SERVICE LINE PROJECT 13 -2957 in the City of Salina, Kansas. He further certifies that he is familiar with the type of construction work involved throughout the scope of the project and understands that, in signing this proposal, he waives all right to plead any misunderstanding regarding same. Item Unit # DESCRIPTION QUANTITY Unit Price 1 Sewer service pipeline, 4" 868 LF S Z6.uo 174 30,o6 2 Waterline relocation, 2" PVC 1 LS Sop jo 3 Plumbing permit I Set Price 32.80 32.80 4 Permanent seeding 0.35 Acre lriooDvo Total 1. The undersigned proposes to furnish all tools, appliances, equipment, materials, and labor required to complete the construction in a thorough, workmanlike and satisfactory manner in accordance with the specifications and contract documents for the following prices: 2. The undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction on March 25.2013 and the project will be substantially complete and ready for use by April 15, 2013. Substantial completion includes excavation, compaction, finished grading, seeding, and removal of all construction equipment, devices, and appurtenances. 3. The undersigned acknowledges receipt of the following addenda: 1. 2. 0 Signed this I tA, day of Am/' C A 2013 BIDDER: l �! �^, LL t7rS�e� � �i.�e L ADDRESS: 15 0 L- ��g Vll : c J ; � � �S 72 J Z BY: /�'� z TITLE: 1� �X- 31- 6 -2 230 r�X 3)6- CHZ - 333) CONTRACT aak THIS AGREEMENT, made and entered into this 0 day of 2013, by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and L C, Second Party, hereinafter referred to as the "Contractor." W ITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in accordance with the provisions of the "General Clauses," the said Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to construct and complete the improvements in a good, substantial and workmanlike manner; ready for use and in strict accordance with the contract drawings and specifications, as approved and filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the sum or sums due him, by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Engineer; in accordance with the provisions of the "General Clauses," and as set forth in the proposal as accepted by the Owner. ARTICLE 3. It is hereby further agreed that at the completion of the work and its acceptance by the Owner, all sums due the Contractor by reason of his faithful completion of the work; taking into consideration additions to or deductions from the contract price by reason of alterations or modifications of the original contract, or by reason of "Force Account' work authorized under the contract in accordance with provisions of the "General Clauses;" will be paid the Contractor by the Owner within 30 days after said completion and acceptance. ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shall be deemed to refer to said Contractor whether a corporation, partnership, or individual; and this contract and all covenants and agreements thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract' shall include all contract documents as specifically set out in the "General Clauses," and thereby made a part of this agreement to the same extent as if set out at length herein. C -1 ARTICLE 6. 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 work on kTa RS �l.3 and the completion of the work will be ready for acceptance on A� I 54 �b r 3 IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and yearfirst herein written, all copies of which to all intents and purposes shall be considered the original. CONTRACTOR, SECOND PARTY BY %oa u I bLjt e>e-- (Office or position of signer) Seal - if Contractor be a corporation OWNER, FIRST PARTY THE C F SALIN , KANSAS Y MAYOR Attest: I�CITY CLERK C -2 #AIA Document A310'N - 2010 [' , : ra CONTRACTOR: (Name, legal states and address) Forshee Plumbing SURETY: (Name, legal staters and principal place of business) West Bend Mutual Insurance Company 507 N Glide St 8401 Greenway Blvd, Ste 1100 Wichita, KS 67212 -2851 OWNER: Middleton, WI 53562 (Name, legal staters and address) City of Salina 300 W Ash St Salina, KS 67401-2335 BOND AMOUNT: $ Five Percent of the Amount Bid PROJECT: (Name, location or address, and Project number, ifanv) Salina Municipal Golf Course Sanitary Service Line The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between die Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tent Owner shall be deemed to be Contractor, When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Init. AIA Document A310- - 2010. Copyright ®1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This Al e1 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 09:35:07 on 03/23/2012 under Order No.8304745206 1 which expires on 02/16/2013, and is not for resale. User Notes: - (1227839541) Signed and sealed this 12 day of March 2013 Forshee Plumbing (Contractor as Principal) (Seal) (pi Justin R. Dutton President West Bend Mutual Insurance Comoanv (Surety) / \ n / / Attorney -in -Fact AIA Document A310y' —2010. Copyright ® 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Intl' Document is protected by U.S. Copyright Law and Internalionai Treaties. Unauthorized mpmduction or distribution of this AIA® Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document t was produced by AIA software at 09:35:07 on 03/23/2012 under Order No.8304745206_1 which expires on 02/1612013, and is not for resale. User Notes: (1227839541) WEST BEND A MUTUAL INSURANCE COMPANY' 0873045 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: JOHN HARRISON lawful Attorney(s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Four Hundred Thousand Dollars ($400,000) This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attomey -In -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause; or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate a//I to be hereto duly attested by its secreta7�th ' 1st day f�March, 2009. Attest � '. Ja a J. Pa cARPo Kevin A. Steiner Se tary �?, SEAL o Chief Executive Officer I President State of Wisconsin •••. County of Washington On the 1 st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. * NOTARY t * ? John well CO I,. PUBIJC -, , Executive Vice President - Chief Legal Officer Notary Public, Washington Co. WI ................. `��•.,•OpyytgG•' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 12 day of March 2013 J //J )RPORA7F`:. 0. SEAT. Dale J. Kent Executive Vice President - ' Chief Financial Officer NOTICE: Any questions concerning this Power of Attorney maybe directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company 8401 Greenway Blvd. Suite 1100 1 P.O. Box 620976 1 Middleton, Wl 53562 1 ph (608) 410 -3410 1 www.thesilverlining.com PERFORMANCE BOND KNOW ALL MEN By THESE PRESENTS, THAT Forshee..Plumging LLC OF Wichita, xS as principal, andwest .send Mutual Ins r ocorporation, organized under the laws of the State of Wisconsin with general offices in Middleton, w1 and authorized to transact business in the State of Kansas as surety, are held and firmly bound unto the Owner, CITY OF SALINA, KANSAS, in the penal sum oiEighteen Thousand dollars 18, 242.80�jprful money ofthe United States Two Hun re or y wo 0/100 for the payment of which sum, well and truly to be made, said principal and surety bind themselves,. their heirs, administrators, executors, successor and assigns, jointly and severally firmly by these presents. Signed, sealed, and delivered this — day of 20 1-3 THE CONDITION OF THE'FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said principal has entered into a written contract with the Owner, CITY OF SALINA, KANSAS, dated `— g , 20_L3 , for the furnishing of all materials and labor and doing of all the work of whatever, kind necessary. to construct certain improvements for the said Owner, all in accordance with the specifications for such work on file in the office of the Owner; and in accordance wiftsaid contract a copy of which is, or may be, attached hereto and which is by reference made a part hereof. NOW THEREFORE, if said principal shall well and truly perform all of the covenants, conditions, and obligations of said contract on the part of said principal to be performed; and shall hold the Owner harmless against all claims, loss, or damage which it may sustain or suffer by reason of.any breach of said contract by said principal, or by reason of an injury to persons or property occasioned by the action of said principal or his employees; and if said principal shall.maintain the improvements to be constructed by him as provided for in said contract above referred to; then this obligation shall be void; otherwise to remain in full force and effect. 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 anyway 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 the work, or the specifications. IN TESTIMONY WHEREOF, said principal has duly executed these. presents, and said surety has caused these presents to be executed in its name and its corporate seal to be, hereunto affixed by its duly authorized agent. or. agents, all as of the day and year first above written. This document is executed in riplicate. (thee Plumh!44ftipal LC West Bend Mutual Insurance Co. Surety oQ o WEST BEND A MUTUAL INSURANCE COMPANY' 0873045 Power of Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: JOHN HARRISON lawful Attorney(s) -in -fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Four Hundred Thousand Dollars ($400,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attomey -In -Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attomeys -in -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersign4Setary its corporate alto be hereto duly attested by its secretary th, 1st da��vlarch, 2009. Attest �!- .......... Q , J. Pa �RppRA °: ;; 3F.AT• Kevin A. Steiner Chief Executive Officer/ President State of Wisconsin County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. NOTARY `;. 1 JohnCP.well PUBUC .�? Executive Vice President'- Chief Legal Officer p'r'' Notary Public, Washington Co. WI QF yytS!•'` - My Commission.is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 3 day of April 2013 Dale J. Kent Executive Vice President - Chief Financial Officer NOTICE: Any questions _concerning this Power of Attorney maybe directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company 8401 Greenway Blvd. Suite 1100 1 P.O. Box 620976 1 Middleton, WI 53562 1 ph (608) 410 -3410 1 www.thesilverlining.com Listing of Certified Companies: Surety Bonds: Programs and Systems: Financial Manage... Page 1 of 1 WEST BEND MUTUAL INSURANCE COMPANY (NAIC *15350) BUSINESS ADDRESS: 1900 South 16th Avenue, West Bend, WI 53095. PHONE: (262) 334 -5571. UNDERWRITING LIMITATION b/: $54,763,000. SURETY LICENSES c,f /: IL, IN, IA, KS, KY, MI, MN, MO, NE, OH, WI. INCORPORATED IN: Wisconsin. http://www.fms.treas.gov/c570/c570—a-z.html 03/29/13 `i1 °® CERTIFICATE OF LIABILITY INSURANCE 3 /28i 0 3""' 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 be endorsed. N 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 Insurance Professionals, Inc. 6606 W. Central Bldg 101 Wichita KS 67212 "ME Carolyn Stone PNONE (316)722 -8715 FAX .(316)260 -5395 ADDRESS'L INSURER(S) AFFORDING COVERAGE NAICA INSURERAAMCO Insurance Company 9100 INSURED FORSHEE PLUMBING, LLC PO BOX 12451 WICHITA KS 67277 -2451 INSUREReT'Tationwide Mutual Insurance 23787 Insurance :NWRERCIlied INSUftERDD sitors Insurance Company 2587 INSURER E : EACH OCCURRENCE INSURER F: COVERAGES CERTIFICATE NUMBER:Revised Master 12 -13 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. INSft LTR TYPE OF INSURANCE ADDL SUM POLICY NUMBER POLICY EFF M 0 POUCYEXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES En oreuemnra 1 $ 100,000 A CLAIMS-MADE OCCUR ILCPbET07262213463 /26/2012 /26/2013 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG $ 2,000,000 POLICY PRO- X LOC $ AUTOMOBILE LIABILITY OMBIN�EOn SINGLE LIMIT 11000,000 X BODILY INJURY(Perpeman) $ B ANY AUTO BODILY INJURY (Per eardeTt) $ ALL 011NE0 SCHEDULED AUTOS AUTOS PEA7262223463 /26/2012 /26/2013 NON -0WNED HIRED AUTOS AUTOS PROPERTY DAMA E Par accide $ Sc I() Mod Fw1or 1 $ X UMBRELLA LILB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ EXCESS LIAB CLAIMS-MADE DED I I RETENTION$ $ hCP7262213463 0/23/2012 /26/2013 D WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN X E.L. EACH ACCIDENT $ 500,000 ANY PROPRIETORIPARTNERIEXECUTIVE NIA OFFICERIMEMBER EXCLUDED? (Mandatory in NH) &CPWCD7262213463 /26/2012 /26/2013 E.L. DISEASE - EA EMPLOYE $ 500,000 un H eCRIPTI EL DISEASE - POLICY LIMB $ SOO 000 Nunder DESCRIPTION OPERATIONS oeba DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHSGr ACORD 101, AddMwal Remarks Schedule, H mote spats i regwmm Ref: Project No. 13 -2957 Salina Municipal Golf Course Sanitary Service Line. Certificate Holder is named as Additional Insured as respects to the general liability. CERTIFICATE HOLDER GANCFI 1 ATInN (785) 309 -5738 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. 300 W. Ash AUTHORIZED Salina, KS 67401 /REPRESENTATIVE ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD ' Lf I L-1 113 ``� °r CERTIFICATE OF LIABILITY INSURANCE 3/28/2013"' 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 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 Insurance Professionals, Inc. 6606 W. Central Bldg 101 Wichita KS 67212 CONTACT Carolyn Stone PHONE (316) 722 -8715 FAC o. (316) 260 -5365 AID. N, FAIL E -MAIL inrikggg INSURERS AFFORDING COVERAGE NAICN. INSURERA:AMCO Insurance Company 19100 INSURED FORSHEE PLUMBING, LLC PO BOX 12451 WICHITA KS 67277 -2451 INSURER B:NatlonWlde Mutual Insurance 23787 I INSURER C:De ositors Insurance Company 42587 INSURER D: INSURER E $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx7OCCUR COVERAGES CERTIFICATE NUMBER:Master 13 -14 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 ADDL SUBR POLICY NUMBER POLICY EFF M/DD POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx7OCCUR kCPMCT07272213463 /26/2013 /26/2014 DAMAGE TO RENTED PREMISES Ea occurrence $ 100, 000 MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $ 2,000,000 POLICY X PRO- IFCIT F-1 LOC $ LIABILITY COMBINED SINGLE LIMIT Ea accident) 11000,000 BODILY INJURY (Per person) $ 13 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS CPBA7272213463 /26/2013 /26/2014 POMOBLE BODILY INJURY(Per accident) $ PROPERTY DAMAGE Per accitlent $ NON -OWNED HIRED AUTOS X AUTOS Schedule Mod Factor $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ A EXCESS LIAR CLAIMS -MADE DED RETENTION$ $ CPCAA7272213463 /2fi/2013 /26/2014 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory In NIH NIA kCPWCD7272213463 /26/2013 /26/2014 X WC STATU- OTH- E.L. EACH ACCIDENT $ 500,000 P E . DISEASE - E AEMLOYE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Ref: Project #13 -2957 Salina Municipal Golf Course Sanitary Service Line. Certificate holder is named as Additional Insured. CERTIFICATE HOLDER CANCELLATION (785) 309 -5738 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. 300 W. Ash AUTHORIZED REPRESENTATIVE Salina, KS 67401 i. ALL ACORD 25 (2010 /05) INS025 (201005) 01 ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF COMPLETION DATE OF ISSUANCE OWNER: CONTRACTOR: CONTRACT: PROJECT: OWNER's Contract No. ENGINEER's Project No. This Certificate of Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To And To OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that work is hereby declared to be complete in accordance with the Contract Documents on DATE OF COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the 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: CC -1 OWNER: Own, operate, and perform routine maintenance on the public improvements as previously described, however repairs to defects will be the responsibility of the Contractor 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 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 M CONSTRUCTION INSPECTOR (Authorized Signature) CONTRACTOR accepts this Certificate of Completion on M CONTRACTOR (Authorized Signature) OWNER accepts this Certificate of Completion on M NER (Authorized Signature) CC -2 Date Date Date SECTION 1 - GENERAL 1. SCOPE The work provided for in these Specifications shall consist of furnishing all labor, materials, appliances, and equipment, and performing all work and operations in connection with the construction of items and all other incidental and related work as set forth in these Specifications and as directed by the Engineer to complete the proposed project ready for use and service. 2. PERMITS The contractor will be required to apply for and purchase the building permit for the service line. No permit is necessary for the tap onto the sanitary sewer main. 3. MATERIAL AND PROCEDURES Material and installation procedures shall be in compliance with the 2006 Uniform Plumbing Code by the International Association of Plumbing and Mechanical Officials. The contractor must have the appropriate City of Salina license to perform this work. 4. CONSTRUCTION STAKING Construction staking will be provided by the City of Salina. 5. UNDERGROUND OBSTICALES The contractor shall be responsible for locating and maintaining all buried lines including but not limited to: irrigation lines, communication lines, gas lines, power lines, valve boxes, wells and all other items that are buried in or near the construction zone. The contractor shall be responsible to repair or replace any lines damaged due to its construction activity. This work shall be subsidiary to the sewer service pipeline, 4 ", bid item and will not be paid for separately. 6. TRENCHING ON GOLF COURSE All backfill on the property of the Salina Municipal Golf Course shall conform to Section 101 Trench and Backfill, Item 7, Special Trench Compaction. The trench shall be filled and compacted up to twelve (12) inches below existing grade. The golf course superintendent will be responsible for the final twelve inches of trench fill and compaction, preparation of the seed bed, seeding, fertilizing and mulch. 7. WATER LINE The waterline shown as being rerouted on the plan is a 2" PVC line. A minimum of two (2) ft of vertical separation between the water line and the sanitary sewer line must be maintained. The water line shall cross above the sewer line. A Y4 turn ball valve shall be installed at the restroom building and set in a meter tile. Coordinate with golf course superintendent for location. 8. LOCATION All work will be done on property owned or controlled by the City of Salina, Kansas. 1 REV: 15 Feb 2013 WEN 9. SALES TAX EXEMPTION Bid items, materials, equipment and service incorporated into this project will be exempt from the payment of sales tax under the laws of the State of Kansas, and such sales tax shall not be included in the proposals of the bidders. The Owner, when requested, will provide the Contractor with proper exemption documentation. Upon issuance of proper exemption documentation to the Contractor, the Contractor shall assume full responsibility for his own proper use of the number and shall pay all costs of any legally assessed penalties relating .to the Contractor's improper use of the exemption documentation. 10. SPECIFICATIONS The work shall conform to these Specifications and to the "Standard Specifications" where reference is made. herein. Where reference is made in the Specifications and Contract Documents to "Standard Specifications," it shall mean that the reference is made to the current edition of the Standard Specifications for State Road and Bridge Construction, Kansas Department of Transportation and the City of Salina Municipal Code, with such revisions, amendments, and supplements as are contained herein. 11. BASIS OF PAYMENT Measurement and payment for the bid items are found in Section 51. 12. ENGINEER All references made to the Engineer shall mean the City Engineer for the City of Salina, Kansas or a representative designated thereof. 2 REV: 15 Feb 2013 WEN ` SECTION 51 - BASIS OF PAYMENT GENERAL: Payment for work performed by the Contractor under these specifications will be made at the approved contract unit price for each of the units listed in the proposal, and measured as hereinafter specified. Such payment shall compensate the Contractor for all costs in connection with furnishing all labor, equipment, and material required and performing the operations necessary to complete the several items in accordance with the specifications. All incidental work essential to the completion of the project in a workmanlike manner, including measurements for clean up of waste or surplus material, shall be accomplished by the Contractor without additional cost to the Owner. The quantities listed in the proposal are not guaranteed quantities and are listed only for convenience in comparing bids. Payment will be made for the actual quantities constructed or installed, be they more or less than the listed quantities; said quantities being measured as follows: 1. SEWER SERVICE PIPELINE, 4" shall be paid for by the lineal foot of sanitary sewer service pipeline installed according to Section 601, entitled "Sanitary Sewer Pipelines ", the 2006 Uniform Plumbing Code and the plans. This item shall include all costs in connection with trenching and backfill; fittings, risers, and cleanouts; discovery and protection of subsurface obstructions; standard fill; compacted fill; testing and all other incidental and appurtenant work required to complete this item. 2. WATERLINE RELOCATION, 2" PVC shall be paid as a lump sum. This item shall include all costs in connection with excavation, discovery and protection of subsurface obstructions; '% turn ball valve and valve pit; standard fill; compacted fill; testing and all other incidental and appurtenant work required to complete this item. 3. PLUMBING PERMIT shall be paid as a set price cost of $32.80 and is full compensation for the item. 4. PERMANENT SEEDING shall be paid for at the contract unit price per 0.10 acre placed in accordance with Section 402 "FINIISH GRADING & SEEDING'. This item includes fertilizer, mulch, and watering. The quantity listed on the plans may vary depending on the method of construction. This item shall include all costs for material, labor, tools and all incidental and appurtenant work to complete the item and establish a hardy growth of vegetation. This item does not include work on the golf course property. 51 -1 P b c� m N � N A Z lu E o l in m �N y ND Ir �n I mz N N f N 31Y 1 a A V \ \ 0 •O ��N ' I ♦� V q j b , f0w N I \( v`� u 00 Eno •\ \ 5 m oNU �1b =NN ♦\ N 0 O T ? » J (Nl,<(NJ, mAV tla ♦♦ Mx + 0 O ^ V 0 ^ 0 W O) j N I J, w. �Qs Q'•i N H N N c io y � I III® ♦,. 30 L CO s� e P:S 31Y 1 a A V \ \ 0 •O ��N ' I ♦� V q j b , f0w N I \( v`� u 00 Eno •\ \ 5 m oNU �1b =NN ♦\ N 0 O T ? » J (Nl,<(NJ, mAV tla ♦♦ Mx + 0 O ^ V 0 ^ 0 W O) j N I J, w. �Qs Q'•i N H N N c io y � I III® ♦,. II � 1 I � lil.11tl I-I I I� r A I j I �' I m•P II I I I. r I l I I a N VNDUG -'C�n Gw Cw ;p moan O0 a0 "3a 0. »- o FPOOg� Pn O ^5Z 3 ° u- Nm < 0 3 Q m e_ m ":mo m °o 3Nm °c3 t.wN ^u� °3s,3nO 3 °nn,n �°`• N o ma on .°. O 0 �n =o z mns3 D D- uos nn ooh °a° 'n�ON Ca Noo'nnn env =. °D o' 0 n 0 1AVO� l m0-�w° WR .:♦°[OHO? G�0 U0 > n ° ^ m ins N m'D N"^no =wN � N 0 30 CO 10 om E 0 ° o .� m n m m r• am II � 1 I � lil.11tl I-I I I� r A I j I �' I m•P II I I I. r I l I I a N VNDUG -'C�n Gw Cw ;p moan O0 a0 "3a 0. »- o FPOOg� Pn O ^5Z 3 ° u- Nm < 0 3 Q m e_ m ":mo m °o 3Nm °c3 t.wN ^u� °3s,3nO 3 °nn,n �°`• N o ma on .°. O 0 �n =o z mns3 D D- uos nn ooh °a° 'n�ON Ca Noo'nnn env =. °D o' 0 n 0 1AVO� l m0-�w° WR .:♦°[OHO? G�0 U0 > n ° ^ m ins N m'D N"^no =wN � N 0 3 3 m � ° A n ' I � R I �AII I mWm.m+ .I Pnlrocm• II�RA® zi C 0 :0 nm^m m •m m !'. D m % m << � o O J (N N m0 N N P N m n' m V 30 CO 10 .� r• W co H ID rrOm C 0 }Y j O N Q �' GJ Y w _- C � EnoN N IN n 0 0) "� °' CD o m9 oo � 0 No n PO♦C ;J r C CO ° % O n O 7 • � 0) ,b 0 Q co 0 i NOIOO^ % 0 m N N O E n• o ` O o W S 04-1 _ — l *O Q - I O E 6 o N ♦. mum SAO♦ YY � f m nn� m A :. �i m o m b li < v m Nos 3 11 N U a n S V44f n Er n'= m iF :A I$ y 2.0 to PS= zo 3 3 m � ° A n ' I � R I �AII I mWm.m+ .I Pnlrocm• II�RA® zi C 0 :0 nm^m m •m m !'. D m % m << � o O J (N N m0 N N P N m n' m V SECTION 101 -TRENCH AND BACKFILL 1. GENERAL Work under this section consists of trenching and backfilling for sanitary sewer, storm sewer and water pipelines. The work includes disposal of excess excavated materials, waste materials, and all debris necessary to permit construction of the various items in the project; and all miscellaneous and incidental work in connection with trenching and backfilling to the lines and grades shown on the drawings and in accordance with these specifications. 2. SITE PREPARATION Trees, shrubs, heavy growth of weeds or other vegetation, sod, and other debris shall be removed from the area where trenching is shown; such removal may be by stripping, or other satisfactory methods. Strippings, large roots, and other debris shall be transported off the site of construction and not incorporated in, or covered by, backfills. 3. SURFACE DRAINAGE Surface drainage shall be diverted away from open trenches prior to completion of the work therein. The Contractor shall remove surface water which accumulates in trenches and shall restore the pipe bedding to original bearing values at no additional expense to the Owner. 4. SHORING AND BRACING The Contractor shall furnish and install all shoring, bracing, and blocking required to preserve and maintain trench walls in a stable condition, to protect existing pipelines, and to provide for the safety of his workers and the general public. All items of shoring and bracing shall be progressively removed as backfilling proceeds. 5. TRENCH EXCAVATION Trench excavation shall be 'open cut," except as otherwise permitted under obstructions. Banks shall be kept as nearly vertical as possible. Trenches shall not be less than twelve (12) inches, nor more than sixteen (16) inches, wider than the outside diameter of the pipe to be laid therein; and shall be excavated true to line and grade, with bell holes to accommodate joints or couplings and insure the pipe resting for its entire length upon the pipe bed. Except where material unsuitable for pipe bedding is ordered removed, care shall be taken to avoid excavating below the designated depth. Removal and replacement of street surfacing shall be included in the trenching item, except when removal and replacement of street surfacing is designated as a bid item. 6. TRENCH BACKFILL All trenches and excavation shall be backfilled with suitable material, in a manner that will not disturb the pipe, and in such a manner as to completely fill the void below the spring line of the pipe. The material shall be carefully deposited and satisfactorily tamped in uniform layers not greater than six (6) inches thickness until the backfill reaches the top of the pipe. The remainder of the trench shall be backfilled either in uniform layers not exceeding twelve (12) inches in thickness and satisfactorily tamped, or in the case of clay Revised 27 Sept 2012 WEN 101 -1 pipe, by filling the trench and settling by satisfactory methods of jetting or flushing. Jetting or flushing shall continue until no further settlement occurs. Jetting or flushing will not be allowed with PVC pipe. Compaction after jetting or flushing shall begin at the top of the pipe. Excess material shall be rounded over the center line of trench in a neat crown. No separate payment shall be made for backfilling trenches in this manner. Trench backfill material for PVC pipe shall include select material from four inches (4 ") below the pipe, up the sides of the pipe and covering the full width of the trench to a point twelve (12) inches above the pipe. The select material shall be approved native or select material approved by Engineer. No rocks greater than 1 '/2" will be allowed in backfill material. 7. SPECIAL TRENCH COMPACTION Trench backfill which is in a street or proposed street, or as directed by the Engineer, shall be placed in layers and compacted by means of suitable equipment. Each layer shall be compacted to a density equal to or greater than 95 percent of the maximum density of the soil obtained by testing method of A.S.T.M. Designation, D- 698 -66T or latest revision. Each layer shall contain only that amount which will insure proper compaction, but in no case shall any layer be greater than eight (8) inches, (loose measurement) in depth. The moisture content of soil to be used shall be uniform and shall be such that a density of 95 percent of maximum density can_ be obtained. The Engineer may order compaction test by an authorized laboratory at any location or depth as he feels necessary. The compaction test may be conducted by the sand cone method or nuclear density gauge at the discretion of the Engineer. When the percent of compaction does not fall in the required range the material shall be removed, moisture content adjusted, and the compaction process shall be repeated until compaction requirements are obtained. All cost for testing shall be at the Contractors expense. The Contractor at his option may use the following special compaction method for all pipe materials except PVC pipelines. Trenches within the limits of streets or proposed streets shall be entirely backfilled with sand having a maximum size of 1/2 inch. Trenches shall then be thoroughly flushed or jetted until all the sand is completely inundated by the use of approved internal vibrators. Backfilling, inundating, and vibrating shall be repeated until the trench has been completely backfilled to subgrade elevation and no further settlement occurs. The top surface of inundated sand backfill shall be maintained undisturbed until covered by the pavement. The Engineer may order compaction test by an authorized laboratory at any location or depth as he feels necessary. 8. CLASSIFICATION All trenching shall be unclassified and shall include any and all materials, including ground water, encountered during construction. The Contractor shall obtain additional information to satisfy himself that his proposal includes all costs which may be incurred in the trenching of the project. Revised 27 Sept 2012 WEN 101 -2 SECTION 402 - FINISH GRADING AND SEEDING 1. GENERAL Work under this section shall meet the requirements of the latest version of Section 903 and 904 of the Kansas Department of Transportation Standard Specifications or as herein. 2. FINISH GRADING Finish grading shall consist of cutting, filling, shaping and fine grading work to be done according to the exact lines and elevations indicated on the approved landscaping plans and /or as directed by the Project Engineer /Inspection for the City. The contractor is responsible for the following A. Completing all finish grading onsite. The top of the subgrade shall be the depth below the finished grade as required for pavements, walks, seeding, plugging, sodding, landscaping, mulches and other site improvements. B. Protecting the finish grade areas and regrading to correct any irregularities caused by hauling materials or by other operations over the finished grade. C. Repairing any soil erosion or other damage resulting from weathering action before final acceptance. D. Finish and fine grade the project area to establish an even and well matched grade over the entire surface. Positive surface drainage shall be assured and there shall be no depressions, subsequent settling or irregularities in the finished grade. Excavated and filled sections and adjacent transition areas shall be smooth, properly compacted and free from irregular surface changes, all lumps of soil shall be pulverized, raked out or removed. The degree of finish grading shall be that ordinarily obtained from either blade, grader, or scraper operations. Where finishing cannot be satisfactorily completed with power equipment, hand raked methods shall be used. Unless otherwise indicated, the subgrade shall be evenly sloped to provide drainage away from site improvements or the centerline of medians. Swales shall be cut as shown on the plans, but shall not reduce the thickness of the topsoil specified. Finish grading shall conform to the grade elevations shown on an approved landscaping plan and the area shall be in a smooth, even condition, free from debris, rocks, and other materials that would be detrimental to the finished grade. Settling of any finish grade shall not be more than 0.1 feet, and if settling is greater, the contractor shall bring the grade to specified elevations. 3. PRIMARY GRASS SEED MIXTURES All grass seeds shall comply with the seed laws and noxious weed laws of the State of Kansas. Seed, which has become wet, moldy, or otherwise, damaged in storage or transit will not be acceptable. All grass seed bags must be supplied with all certified grass seed identification tags from the Kansas Department of Agriculture and 3 -24 -2011 DRS 402 -1 given to the City of Salina. Any substitutions must be done with the written consent of the City of Salina. The grass seeds listed below shall be drilled or if impracticable, broadcast the seed evenly over the entire seed area at the rate recommended by supplier and either raked or harrowed after seed is placed. The type of grass seed mixture shall be specified in the contract documents. a. WARM SEASON GRASS SEED MIXTURE Grass Seed Type Planting Depth Lbs per 1000 sqft Purit % Germination% Native Blue Grama 1/4" to 1/2" 1 70 75 Buffalo %" to 1/2" 2 95 90 b. COOL SEASON GRASS SEED MIXTURE Grass Seed Type anting Depth Lbs per 1000 sqft Purit % Germination% Tall Fescue /4" to 1/2" 6 95 85 4. RYEGRASS SEED Ryegrass is to be applied after the contractor has already seeded with the primary seed mixture. This will act as an erosion barrier while the permanent lawn develops plus giving any area an almost "instant" green coverage. Grass Seed Type Plantin Depth Lbs per 1000 sqft Purity% Germination% Annual R e rass 1/4" to 1/2" 3 95 90 5. FERTILIZERS A starter fertilizer with an analysis of 9 -13 -7 or an approved equal from the City of Salina will be allowed. Apply starter fertilizer at a ratio of 4 Ibs per 1000 sqft. Do NOT use fertilizers with warm season grass seed mixture. Nitrogen Phos horous Potassium 9 13 7 Coverage = 4 Ibs per 1000 sqft The fertilizer shall meet the material requirements for fertilizers covered in the latest version of Section 2108 of the Kansas Department of Transportation Standard Specifications and shall comply with the State of Kansas Fertilizer laws. 6. WATERING Contractor is responsible for keeping grass seed damp during the first 2 -3 weeks. Moisture is especially critical for successful grass seed which needs available moisture to germinate. Hydro mulch is an acceptable method of maintaining moisture using the recommended manufactures rates. 3 -24 -2011 DRS 402 -2 7. MULCHING Mulching should follow the latest version of Section 904 of the Kansas Department of Transportation Standard Specifications. Materials acceptable are covered in the latest version of Section 2110 of the Kansas Department of Transportation Standard Specifications. 8. COMPLETION TERMS Upon completion of the seeding operations, a final check of the total quantities of materials used in the seeding, fertilizing and mulching operations will be made against the total area seeded. If the minimum rate of applications has not been met or if inspection after the germination period indicates that areas have missed due to the failure to operate equipment properly or other causes, the Contractor will be required to re -seed and /or apply fertilizer on these areas, designated by the Engineer, at no additional cost to the City of Salina. 3 -24 -2011 DRS 402 -3 SECTION 601 - SANITARY SEWER PIPELINES 1. GENERAL Sewer pipelines, conforming to these specifications and of the respective size shown on the drawings for the particular location, shall be constructed to proper line and grade; resulting in an unobstructed conduit having a smooth and uniform invert. 2. TRENCH PREPARATION Bottom of trench shall be manually graded and shaped to provide uniform support for the pipe throughout each entire length, with recesses excavated to receive bells or couplings. Final grading and shaping shall be done only when the trench bottom is dry and pipe lying is ready to proceed. 3. CLAY SEWER PIPE AND FITTINGS Extra strength, clay sewer pipe, complying with ASTM Designation C- 700 -71T, shall be used. Each shipment shall be accompanied by a certificate from the manufacturer or an independent laboratory certifying that the material has been tested under ASTM Designation C- 700 -71 T and conforms to the above requirements. Material will be subject to physical inspection and culling at the job site for the purpose of rejecting defective and damaged pipe. 4. POLYVINYL CHLORIDE PIPE & FITTINGS Polyvinyl Chloride pipe shall be the integral wall, bell and spigot joint type which meets or exceeds all of the requirements set forth in ASTM D -3034 (latest revision) and shall be rated for SDR -26. All PVC pipe shall be installed in accordance with these specifications and manufacturer's recommendations. PVC pipe shall be installed with an improved bedding and backfill in accordance with these specifications and the standard detail. Each shipment of pipe shall be accompanied by a certificate from the manufacturer or an independent laboratory certifying that the material has been tested under ASTM D- 3034. PVC pipe fittings shall have a cell classification equal to or exceeding 12454 -B, 12454 -C or 13343 -C as defined in ASTM specification D -1784. Saddles will not be permitted. 5. JOINTING MATERIALS Joints in clay sewer lines shall be made with factory- fabricated jointing connections on clay sewer pipe conforming to ASTM Designation C425 -72 where materials used have resilient properties and when the same resilient material is used in the joint, both on the spigot end and in the bell of the pipe; except that the material of one of the controlled complementary jointing ends, either in the bell or on the spigot, may vary in hardness from the other. These preformed ends, by controlled complementary design, will form a positive mating pattern of closure. Joints in clay sewer lines may also be made with factory fabricated jointing connections on clay sewer pipe conforming to ASTM Designation C594 -72, Type B. The above stated certification from the manufacturer will be required. Revised 14 Feb 2013 WEN 601 -1 Factory- fabricated jointing connections shall be installed at the factory before shipment; precision molded and fused on the spigot and in the bell of the pipe or on both ends of plain end pipe. The connection material shall have long life, make watertight joint, be root - resistant, be flexible, and easy to install. Installation shall be made by the use of a lubricant sealer just prior to making the joint; the sealer shall provide a means of bonding the surfaces of the connections. Proper handling of the pipe to prevent damage shall be in accordance with the manufacturer's requirements. Polyvinyl Chloride (PVC) pipe shall have flexible gasket compression type joints conforming to ASTM D -3212. The gasket shall comply with ASTM F -477. 6. INSTALLATION OF CLAY SEWER PIPELINES Pipe shall not be laid when trench or weather conditions are unsuitable for such work, water shall be kept out of the trench. When work is not in progress, all pipe or fittings shall be closed securely to prevent entrance of foreign material. A. Laving pipe. Pipe laying shall proceed upgrade with spigots pointing in the direction of flow. The trench bottom shall be shaped to support the pipe barrel, with recesses at bells or couplings, and the entire run of pipe shall be straight and true to grade, in accordance with Class C bedding (ASCE- MREP -No. 37). Pipe shall be inspected for defects prior to being placed and interior of bell or couplings and exterior of spigot cleaned carefully. B. Joints. Annular space of bells or couplings shall be entirely filled and practically watertight; defect and excessive leakage shall be repaired immediately. Infiltration and /or infiltration shall not exceed 250 gallons per day per inch nominal pipe diameter per mile of pipe. Any pipe disturbed after completion of joints shall be taken up, the joints cleaned, and the pipe relayed properly. When the pipe is moved into jointing position, rest the spigot end on a small board to keep it off the ground. Wipe foreign matter from the connection in the bell or coupling and on the spigot(s). Be sure to remove any stones, sand, or small objects that may be embedded in the connection. Apply lubricant sealer with a small brush to the mating surfaces of the connection. Complete the joint immediately after application of the lubricant sealer. A proper bond absolutely depends on time. If there is any delay, simply reapply lubricant sealer just prior to jointing. Push the spigot firmly into the bell or coupling, making sure the pipe is properly seated. 7. INSTALLATION OF POLYVINYL CHLORIDE SEWER PIPELINES Pipe shall not be laid when trench or weather conditions are unsuitable for such work. Water shall be removed from the trench. When work is not in progress, all pipe or fittings shall be closed securely to prevent entrance of foreign material. A. Laving Pipe. Pipe laying shall proceed upgrade with spigots pointing in the direction of flow. The trench shall consist of a minimum of four (4) inches of compacted select pipe bedding material below the pipe, select backfill material to a minimum of 12 inches above the crown of the pipe and standard backfill material from 12 inches above the pipe to the top of the trench in accordance with Section Revised 14 Feb 2013 WEN 601 -2 A 101, entitled "Trench and Backfill." The select bedding material, when the trench is dry and stable and dewatering is not required, shall be a sand - gravel mix conforming to Kansas Department of Transportation Standard Specifications for BD -1 under drain aggregate. Select backfill material shall also conform to KDOT BD -1 under drain aggregate. Bedding and backfill material shall be compacted to a minimum of ninety (90) percent of standard Proctor density using hand or mechanical tamping. If the trenches are wet or unstable or dewatering is required, the appropriate bedding material shall be determined by the Engineer. The trench sub grade shall be prepared to provide a uniform and continuous pipe support between pipe bells or joints. Place and density select bedding material by shovel slicing, or vibrating, and prepare select bedding material so that the pipe will be true to line and grade after installation. After each pipe has been brought to grade, aligned and placed in final position, deposit and density by shovel slicing sufficient select bedding material under the pipe haunches and on each side of the pipe to hold the pipe in proper position during subsequent pipejointing, bedding and backfilling operations. Place select bedding material uniformly and simultaneously on each side of the pipe to prevent lateral displacement. B. Joints. Annular space of bells or couplings shall be entirely filled and practically watertight; defect and excessive leakage shall be repaired immediately. Infiltration and /or infiltration shall not exceed 250 gallons per day per inch nominal pipe diameter per mile of pipe. Any pipe disturbed after completion of joints shall be taken up, the joints cleaned, and the pipe relayed properly. When the pipe is moved into jointing position, rest the spigot end on a small board to keep it off the ground. Wipe foreign matter from the connection in the bell or coupling and on the spigot(s). Be sure to remove any stones, sand, or small objects that may be embedded in the connection. Apply lubricant sealer with a small brush to the mating surfaces of the connection. Complete the joint immediately after application of the lubricant sealer. A proper bond absolutely depends on time. If there is any delay, simply reapply lubricant sealerjust prior to jointing. Push the spigot firmly into the bell or coupling, making sure the pipe is properly seated. 8. SERVICE CONNECTIONS Clay or PVC tees shall be installed at locations designated by the Engineer. All tees or risers shall be plugged with discs of like material sealed into place with mortar, asphalt or manufacturer's approved materials. After the tees are laid, and before the trench is backfilled, a strip of wood extending from the tee or top of the riser pipe to within one foot of the ground shall be inserted in the trench, secured in an upright position, and nailed to the stake driven into the side of the trench toward which the tee points. Care should be taken to avoid disturbing these markers during backfilling. Revised 14 Feb 2013 WEN 601 -3 An accurate record of the location of each tee shall be kept by the Contractor. This record shall be given to the Owner at the completion of the contract. 9. RISER PIPE Where trench depths are excessive and tees are installed, the Contractor shall use clay or PVC riser pipe. The riser pipe shall be connected to the service tee with 1/8 bend so that the riser pipe can be installed in a vertical position along the site of the trench which the tee points. The tee and 1/8 bend shall be encased in concrete to assure a stable connection. Riser pipe shall be installed so that the top of the pipe shall terminate approximately 12 feet below the ground level. Cutting pipe will not be required to attain this 12 -foot depth. The cost of the installation of the 1/8 bend shall be included in the riser pipe item. 10. SERVICE LINES Service lines shall be installed at locations described by the Engineer. Service lines shall be 4" clay or PVC pipe laid true to line and grade, and shall include laying of the pipe, fittings, plugs, marking of the end of service line. Trenching and backfilling shall conform to Section 101, entitled "Trench and Backfill." Four inch service lines shall be laid at the grade as shown on the plans or as directed by the Engineer. 11. CONNECTION TO EXISTING MANHOLE At locations that require a connection to an existing manhole, and the manhole has not been stubbed out at the required depth and size the Contractor shall break a hole in the manhole at the proper location so the clay or PVC pipe can be installed and grouted into place. 12. CAST IRON PIPELINES Cast iron pipe shall conform to AWWA Specifications C -106, Class 150 working pressure. Cast iron fittings shall conform to AW WA Specifications C -110 and shall be of the class required by working pressures. All cast iron pipe and fittings shall have standard tar coating inside and outside. Cast iron pipe joints may be flanged end, mechanical joint or approved "push on" type joint. Pipe joints shall conform to AW WA Specifications C -111. Before installation, the pipe shall be inspected for defects. Any defective, damaged or unsound pipe shall be rejected. 13. TESTING Sewers will be laid with straight alignment between manholes. Alignment tests such as "lamping" will be conducted by the Engineer. At the direction of the Engineer, the Contractor shall at no cost to the Owner conduct dimension tests of PVC pipe and fittings in accordance with ASTM D2122. Any pipe section or fitting not meeting the ASTM standards shall be rejected and replaced. The Contractor shall conduct low pressure air tests of all pipelines that are eight (8) inches in diameter or larger in strict accordance with A.S.T.M. C- 828 -80 for clay pipelines and ASTM F -1417 for PVC pipelines. All costs involved in performing these low pressure air tests shall be borne by the Contractor. Should any test conducted on the clay or PVC sewer pipe disclose an air loss exceeding the limits as specified in A.S.T.M. C- 828 -80 or ASTM F -1417 respectively, the Contractor shall at his own expense locate, remove, and replace the defective pipeline. Revised 14 Feb 2013 WEN 601 -4 The Contractor shall conduct deflection testing of all PVC, flexible or semi -rigid sewer pipelines that are eight (8) inches in diameter or larger, by hand pulling a mandrel through the entire length of the pipeline after installation and final backfilling. Pipeline shall pass a mandrel with an outside diameter of 95 percent of the unelected interior diameter and a length of not less than twice the inside diameter of the pipeline. Contractor shall be required to furnish all equipment and labor necessary to complete the deflection testing. Pipelines that have deflected more than 5 percent of its unelected interior diameter must be reconstructed or replaced by the Contractor without additional cost to the owner. The reconstructed or replaced pipeline shall be tested for deflection. All sanitary sewer pipeline, eight (8) inches in diameter and larger, shall be inspected with a television camera by the owner prior to acceptance. Any pipeline found to possess defects such as cracked pipe, offset joints, or other similar defects that could cause maintenance problems for the owner must be removed and replaced by the Contractor without additional cost to the owner. The Contractor shall conduct a hydrostatic test on all manholes by using one of the following two (2) methods: Method 1: Full depth infiltration (max.25 feet) with a water loss of less than 1.14 gal. /ft.depth /day. Special instructions may be added for absorption time or for less than 24 hour test time, but the infiltration must still be less than 1.14 gal. /ft. of depth /day. If infiltration occurs, before or after the infiltration test, it shall also be less than 1.14 gal. /ft. of depth /day. Method 2: The vacuum test, as specified by the Kansas Department of Health and Environment, using vacuum testing equipment as produced by NPC Systems, Inc. or equal. A vacuum of 10 inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum to drop to 9 inches. The manhole shall pass if the time is greater than 60 seconds for 48 "diameter, 75 seconds for 60 ", and 40 seconds for 72" diameter manholes. If the manhole fails the initial test, necessary repairs shall be made with a non shrink grout while the vacuum is still being drawn. Retesting shall proceed until a satisfactory test is obtained. 14. MINIMUM COVER A minimum earth cover of 30 inches shall be provided for sewer pipe. Where this depth of cover is not available, protection shall be provided by earth fill, encasement in concrete, or installation of cast iron sewer pipelines. 15. SEPARATION OF WATER MAINS AND SEWERS A. Gravity Sanitary Sewers. 1. Parallel Placements: When potable water pipes and gravity sanitary sewers are laid parallel to each other, the horizontal distance between them shall not be Revised 14 Feb 2013 WEN 601 -5 less than 10 ft. The distance of separation shall be measured from edge toedge. The laying of water pipes and sanitary sewers shall be in separate trenches with undisturbed earth between them. Where it is not practical to maintain a 10 ft. separation, KDHE will consider proposals providing equivalent protection by other methods on a case -by -case basis, if supported by data from the design engineer. Equivalent protection may require sanitary sewer construction with one of the following additional protective features: concrete encasement, vacuum sewers, or jointless pipe such as fused HDPE or cured -in- place pipe liner. 2. Crossing Placement: When a water pipe and a sanitary sewer cross and the sewer is 2 ft. or more (clear space) below the water pipe, no special requirements or limitations are provided herein. At all other crossings, the sanitary sewer is to be constructed of the following material (or approved equal) and pressure tested to assure water tightness pursuant to the most recent revision of KDHE's Minimum Standards of Design of Water Pollution Control Facilities: a. PVC pipe conforming to ASTM D3034 with minimum wall thickness of SDR 26 with flexible gasketed compression type joints conforming to ASTM D3212. The gasket material shall comply with ASTM F -477. Joints in the sewer pipe shall be located as far as practical from the intersected water main. Where a water main is laid across or through an area where there is an existing sanitary sewer, which is not constructed of the above specified materials and is 2 ft. or less below the water pipe, the existing sewer shall be encased in concrete with a minimum thickness of 6 inches for a 10 ft. distance on each side of the crossing or the crossed section of sewer replaced to meet the above specified construction requirements. The above requirements shall also apply where a water main shall cross under an existing sanitary sewer. KDHE will consider proposals providing equivalent protection by other means on a case- by- case basis, if supported by data from the design engineer. When a water main and a sanitary sewer shall cross, it is preferred that the water main cross over the sanitary sewer, regardless of whether the sanitary sewer is new or existing. Special provisions shall be required to ensure adequate structural support for, and to maintain minimum pipe -to -pipe clearances between, a water main and a sanitary sewer at a water main and sanitary sewer crossing. b. SEWER CONNECTIONS — There are to be no physical connections between any parts of a potable water system and building sewers, sanitary sewers, or wastewater treatment facilities by means of which it would be possible for sewage, even under exceptional circumstances, to reach a well, storage reservoir, or distribution system. c. PRESSURE SEWER LINES — When pressure sewer lines (force Revised 14 Feb 2013 WEN 601' -6 mains) run parallel to water lines, the separation distance shall be as far as practical, maintaining a minimum horizontal separation distance of at least 10 ft. There shall be at least a 2 ft. vertical separation at crossings with the water main always crossing above the sewer force main. Where it is not practical to maintain the required horizontal or vertical separation distance between a water line and a sanitary sewer force main, KDHE will consider proposals providing equivalent protection by other methods on a case -by -case basis, if supported by data from the design engineer. SEWER MANHOLES — No water pipe shall pass through or come in contact with any part of a sewer manhole. Required horizontal separation distances between water mains and manholes are equivalent to those for water mains and gravity sanitary sewers. e. STORM SEWERS — The separation distance between a storm sewer (which is not a combined storm /sanitary sewer) and a water main should be based on geotechnical considerations. Required separation distances between water mains and combined storm /sanitary sewers are equivalent to those for water mains and gravity sanitary sewers. f. DRAINS — Underground drains from fire hydrants, pits, or underground structures in general (valve pits, meter pits, underground pump stations, etc.) shall not be directly connected to sanitary or storm drains. Revised 14 Feb 2013 WEN 601 -7 GENERAL CLAUSES TABLE OF CONTENTS 1. APPLICATION ---------------------------------------------------------------------------------------- - - - - -1 2. DEFINITIONS ----------------------------------------------------------------------------------------- - - - - -1 a. Owner ---------------------------------------------------------------------- ------ ------------------ - - - - - -1 b. Contractor---------------------------------------------------------------------------- -------------- - - - - -1 c. Bidder----------------------------------------------------------------- ------------------------- - - - --1 d. Engineer-------------------------------------------------------------------------------------------- - - - - -1 e. Inspector ------------------------------------------------------------------ --------- -- -------------- -- - - -1 f. Contract Documents--------------------------------------------------------------- --- --- ---- ---- - - - -1 g. Specifications--------------------------------------------------------------------------- --- -- ----- - - - - -1 h. Contract---------------------------------------------------------------------------------- ----------- - - - - -1 i. Proposal-------------------------------------------------------------------------------------------- - - - - -1 j. Drawings ---------------------------------------------------------------------- -- ------------------- - -- - -1 k. Change Order------------------------------------------------------------------ ---- ----- ---------- - - - - -2 I. Standard Specifications and Test Methods----------------------------------------------- - - - - -2 3. BONDS----------------------------------------------------------------------- -- ---- -------- ---------- - - -- -2 a. Performance Bond--------------------------------------------------------------------- --- ------- - - - - -2 b. Statutory Bond ----------------------------------------------------------------- --------- ---------- - - -- -3 4. CONTRACTOR'S INSURANCE-------------------------------------------------------- ---------- - - - --3 a. Types and Amount of Coverage------------------------------------------- ---- ---- ---------- - - - - -3 b. Rating ----------------------------------------------------------------------------- -- ------ -------- -- -- - - -3 c. Certificate of Insurance--------------------------------------------------------------- ---------- - - - - -3 d. Additional Insured-------------------------------------------------------- ----- --------- ---------- - - - - -3 e. Waiver of Subrogation---------------------------------------------------------------- ---------- - - - --3 f. Claims Made Policies----------------------------------------------------------------- -- -------- - - - - -3 g. Commercial General Liability ----------------------------------------------------------------- - - - - -4 h. Business Automobile Liability----------------------------------------------------------------- - - - - -4 i. Workers' Compensation /Employer's Liability--------------------------------------------- - - - - -4 j. Injury to Persons or Damage to Property-------------------------------------------------- - - - - -4 k. Indemnification --------------------------------------------------------- ----- -------------------- - - - - -4 5. PATENTED DEVICES AND PROCESSES RM 5 67 7. WATER, GAS AND ELECTRICITY ------------------------------------------------------------- - - - - -5 8. PERMITS, LICENSES AND REGULATIONS ------------------------------------------------ - - - - -5 9. NOTICES Revised 1/22/2012 WEN GC -A 10. OBSTACLES AND OBSTRUCTIONS=-------------------------------------------------------- - - - - -5 a. Subsurface Obstructions-------------------------------------------------- --------------------- - - - - -6 b. Surface Obstructions----------------------------------------------------------------------- ----- - - -- -6 c. Public Utilities------------------------------------------------------------------------ ------------- - - - - -6 d. Trees and Shrubs- -- --------- ----- - - - - -- ----------------------------------- --------------------- -- - - -7 e. Sodded and Landscaped Areas ------------------------------------------------------------- - - - - -7 f. Privately Owned Obstructions---------------------------------------------------------------- - - - - -7 11. SALVAGED MATERIALS--------------------------------------------------- -------------- ------ -- --- - - -7 12. MATERIALS FURNISHED BY OWNER 13. BARRIERS, LIGHTS AND WATCHMEN 14. RESPONSIBILITY FOR PROPERTY DAMAGE 7 15. PUBLIC CONVENIENCE -------------------------------------------------------------- ------------ - - - --8 16. QUALITY OF MATERIALS AND EQUIPMENT ---------------------------------------------- - - - - -8 17. WORKMANSHIP-------------------------------------------------------------------- ---------- - - - - -8 18. PRESERVATION OF MONUMENTS AND MARKERS 19. TEST SAMPLES AND SPECIMENS------------------------------------------------------------ - - - - -9 20. SPECIAL CONSTRUCTION METHODS 21. SHOP AND ERECTION DRAWINGS -=-------------------------------------------------------- - - - - -9 22. REPRESENT 23. COOPERATION 24. INCIDENTAL WORK ------------------------------------------------------------------------------ - - - - -10 25. FINAL CLEAN UP---------------------------------------------------------- ------------------------- - - - -10 26. RESPONSIBILITIES OF THE CONTRACTOR 10 27. SANITARY CONVENIENCES ------------------------------------------------------------------- - - - -11 28. APPROVAL OF SUBCONTRACTORS--------------------------------------------------- - - - -11 29. RESPONSIBILITY OF THE ENGINEER------------------------------------------------------ - - - -11 30. INTERPRETATION OF CONTRACT DOCUMENTS------------------------------------ - - - -11 31. INSPECTION ------------------------------------------------------------------------ --------------- -- - -11 Revised 1/22/2012 WEN GC-13 32. WORK AFFECTED BY WEATHER------------------------------------------------------------ - - - -11 33. CONTROL AND REGULATION OF WORK------------------------------------------------- - - - -12 34. USE OF COMPLETED PORTIONS------------------------------------------------------------ - - - -12 35. VARIATIONS, CHANGES AND MODIFICATIONS ---------------------------------------- - - - -12 36. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT------- - - - -12 37. OWNER'S RIGHT TO SUSPEND WORK---------------------------------------------------- - - - -13 38. OWNER'S RIGHT TO TERMINATE CONTRACT------------------------------------------ - - - -13 39. WAR CLAUSE --------------------------------------------------------------------------- ------------ - - - -14 40. PAYMENTS TO CONTRACTOR --------------------------------------------------------------- - - = -14 41. FORCE ACCOUNT ----------------------------------------------------------- -------- -------------- - - - -14 42. VERBAL AGREEMENTS ------------------------------------------------------ ---- --------------- - - - -15 43. EXTENSION OF TIME------------------------------------------------------------------- --------- - - - - -15 44. LIQUIDATED DAMAGES ----------------------------------------------------------- ---------- - - - -15 45. ALTERNATES---------------------------------------------------------------------------- ------------ - - - -15 46. EQUAL EMPLOYMENT--------------------------------------------------- ----------------------- - - -- -16 47. CERTIFICATE OF COMPLETION-------------------------------------------------------------- - - - -16 48. MAINTENANCE OF PROJECT SITE---------------------------------------------------------- - - - -17 Revised 1/22/2012 WEN GC -C This Page Intentionally Left Blank Revised 1/22/2012 WEN GC -D 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. G. BIDDER. Any individual, partnership, firm or corporation submitting a proposal for performing the work. d. ENGINEER. The City Engineer of the City of Salina, Kansas. e. INSPECTOR. An authorized representative of the Engineer or 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. Revised 1/22/2012 WEN GC -1 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 Engineer shall then prepare a change order which includes a detailed description of the change in the work, a definite statement as to the resulting change in the contract price and /or time, and a statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the 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 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 specifications 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 the 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 (as indicated on the "Certificate of Completion ") of the work as a whole, the Contractor, at his expense and free of charge to the Owner, shall make good all defects in Revised 1/2212012 WEN GC -2 materials or workmanship or any improper, imperfect, or defective preparation of the ground upon which such improvements be 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 REQUIREMENTS. a. TYPES AND AMOUNT OF COVERAGE. Contractor shall obtain, pay for, and maintain insurance coverage in the manner and amounts as set forth below and shall not make any material modification or change from these specifications without the prior approval of the Owner. If the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require each such subcontractor to obtain insurance in the same manner and amounts as set forth below. 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. b. RATING. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests" insurance guide, and licensed in the State of Kansas. Except as otherwise specified below, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. C. CERTIFICATE OF INSURANCE. Following the execution of this Agreement and prior to the commencement of any work hereunder, the Contractor shall provide the Owner with a certificate of insurance, listing the Owner as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The Owner reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. d. ADDITIONAL INSURED. With the exception of the workers' compensation policy to be obtained by the Contractor hereunder, all policies shall name the Owner, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products /Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non - contributory insurance before any other insurance or self- insurance, including any deductible, maintained by, or provided to, the additional insured(s). e. WAIVER OF SUBROGATION. Where allowed by law, all policies will include a waiver of subrogation in favor of the Owner, its agents, representatives, officers, officials, and employees. f. CLAIMS MADE POLICIES. If coverage is written on a claims -made basis for any of the policies required by this Agreement, the Contractor must maintain the Revised 1/22/2012 WEN GC -3 coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. g. COMMERCIAL GENERAL LIABILITY ( "CGL" ). The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: Each occurrence $1,000,000 General aggregate $2,000,000 Personal and Advertising Liability $1,000,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Agreement. h. BUSINESS AUTOMOBILE LIABILITY ( "BAL "). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: Combined single limit $1,000,000 i. WORKERS' COMPENSATION /EMPLOYER'S LIABILITY. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: Workers' Compensation (Coverage Part A) Statutory Employer's Liability (Coverage Part B) $100,000 each accident $500,000 disease — policy limit $100,000 disease — each employee j. 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 Agreement 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. k. INDEMNIFICATION. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Owner, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and Revised 1/22/2012 WEN GC -4 expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the negligent 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 Agreement. 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. The cost of applicable sales taxes, use taxes, and occupation taxes on material, equipment, supplies, and services incorporated in the work shall be included in the "Total Contract Bid" for the project. The Contractor shall bear the cost of all such taxes and shall protect the Owner against liability, therefore, by reason of any Federal law, State law, or regulation in effect at the time of signing the contract. The cost of any such taxes imposed after signing the contract, and which thus become legally chargeable against material, equipment, or supplies incorporated in the work, shall be paid by the Contractor; and the Owner will reimburse him for the actual costs thereof. 7. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required arrangements, ascertain the applicable rates, and pay for all such water, gas, and electricity 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 prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the 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. 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 Engineer or Inspector 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 Revised 1/22/2012 WEN GC -5 encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the drawings. Care shall be used while excavating, trenching, or performing other work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at his expense. All work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the Owner and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. Unless otherwise provided in the 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 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 service. 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, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible to bypass orwork 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 Revised 1/22/2012 WEN GC -6 which construction work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation work has not been accomplished prior to construction at the location, the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. d. TREES AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without 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 LANDSCAPED AREAS. Sodded and landscaped areas such as parkings on or adjacent to improved property, shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location, the trenches and /or other disturbed areas shall be carefully hand raked to allow the private property owner to re -seed 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 salvaged 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 he 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. 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 his contract price or prices all costs in connection with handling, sorting, protecting, and installing all such materials, supplies, or equipment furnished him by the Owner, and shall make good all losses and breakage due to carelessness or negligence while same are in his possession. Revised 1/22/2012 WEN GC -7 13. BARRIERS, LIGHTS AND WATCHMEN. The Contractor shall erect and maintain fences, barriers, barricades, and warning signs; shall provide and maintain flares, lanterns, and lights; and shall employ flagmen and watchmen; all as required to prevent accidents to the general public and to workmen. 14. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to building, structures, trees, shrubbery, or other property located outside the construction limits, or located within those limits but not designated for removal or reconstruction, providing such damage shall result from accident caused by negligence for which said Contractor shall be deemed legally liable. 15. PUBLIC CONVENIENCE. During the progress of the work, the convenience of the local public and of residents along the work shall be considered and, where possible, their rights of access shall be preserved. Temporary driveways, approaches, and crossings shall be provided where practicable and maintained in good condition. Construction materials shall be so stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; fire hydrants shall remain ready for immediate use by the fire department. 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 Inspector, nor shall construction equipment be used which has not received the Inspector's approval. All rejected materials and equipment shall be removed promptly from the site. Wherever in any of the contract documents an item of material or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted, shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturers' products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 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 he 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 his Surety. 18. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments, bench marks, and markers of the local, state, or federal government, and shall not excavate within Revised 1/22/2012 WEN GC -8 5 feet of any of them without specific permission of the Engineer or Inspector. 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, Owner, Inspector, and Engineer. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. No charges will be made for tests performed by the Engineer or his inspectors. 20. SPECIAL CONSTRUCTION METHODS. The Engineer or Inspector may assent to special methods of construction or means of prosecuting the work other than as provided or stipulated in the technical specifications, but his assent or his presence on the work while such special methods are in use shall not constitute a waiver of the contract, or any part thereof, by the Owner. Nor shall the fact the Engineer may have seen work executed which later is found to be defective, nor shall any act of his assistants or inspectors, constitute a waiver of any part of the contract. The Contractor shall be held responsible for the quality of the entire work. 21. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for review to the Engineer six copies of all shop and erection drawings for structural and reinforcing steel, special drawings, and layouts for equipment or machinery to be furnished under the contract, and any similar or supplemental drawings required for prosecution of the work. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from drawings or specifications, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. 22. REPRESENTATION. The Contractor shall be represented on the work at all times by a competent superintendent, satisfactory to the Engineer or Inspector and capable of reading and understanding the drawings and specifications. The superintendent shall have full authority to employ required workmen, order materials, arrange for construction equipment, and otherwise represent the Contractor in his absence; any direction given to him by the Engineer or Inspector shall be as binding as if given to the Contractor. 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 Engineer or his Inspectors, 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 Engineer will allocate the work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the contract by the Owner. Revised 1/22/2012 WEN GC -9 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 unless otherwise specified. 25. FINAL CLEANUP. Immediately upon completion of the work or any usable unit, the Contractor shall remove all surplus or unused materials from the vicinity of the work, leaving the entire site in a clean, sightly, and pleasing condition, conforming to the grades and contours shown on the drawings or designated by the Inspector. 26. RESPONSIBILITIES OF THE CONTRACTOR. All work shall conform to the technical specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions shown on the drawings or given by the Inspector. The Contractor must satisfy himself 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 Engineer or Inspector thereof in writing before commencing the work. The Contractor under his 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 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 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 him of his responsibility to fulfill his contract and to deliver a completed work in accordance with the contract documents. The Contractor shall provide the Engineer and his representatives free access to any and all parts of the work, whether within the construction limits or at any place where material intended for incorporation in the project is procured, produced, or manufactured. He shall furnish all required information relating to the work or materials, including copies of invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist in, the final inspection of the project and shall furnish all labor and equipment required for final tests. The Contractor shall furnish all stakes, batter board, straight- edges, and grade string and shall furnish men to set them under the direction of the Inspector. The Contractor shall notify the Inspector at least 48 hours in advance, stating where stakes are wanted, before requiring stakes on any section of the project. After construction stakes are set, the Contractor shall preserve them. Any work done without lines and grades as given by the Inspector, or without supervision of any authorized representative of the Engineer, may be ordered removed and replaced at the expense of the Contractor. Revised 1/22/2012 WEN GC -10 27. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of his 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. The Contractor shall file with the Owner and the Engineenthe names of all subcontractors to whom he expects to sublet any portion of the work, and shall not change subcontractors without written approval of the Owner and the Engineer. The approval of subcontracts shall not relieve the Contractor of his liabilities under this contract; should any subcontractor fail to perform satisfactorily the work undertaken by him, the Owner may annul and terminate the contract of such subcontractor. 29. RESPONSIBILITY OF THE ENGINEER. The findings and determining of the Engineer on all questions pertaining to materials and workmanship or as to interpretation of the drawings and specifications shall be final and binding on all parties to the contract. 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 and the drawings or specifications, the language and provisions of the contract shall take precedence and prevail; if between the drawings and specifications, the Engineer will determine in each case whether the drawings or specifications shall rule and govern. 31. INSPECTION. The Inspector 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 Engineer or his representatives. The Inspector will conduct field tests on work and materials whose physical characteristics and general suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the work not meeting contract requirements. Inspectors shall have no authority to deviate from or to relax the specifications without written permission of the Engineer or to delay the work by failing to inspect or field test any of the work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress. 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 Inspector may order such parts of the work suspended should the weather or season be such that any part of the work cannot be done properly and with due regard to Revised 1/22/2012 WEN GC -11 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. 33. CONTROL AND REGULATION OF WORK. The Engineer or Inspector shall have the authority to exercise his judgment and initiative in the control and regulation of the work. The Engineer or Inspector may regulate the amount of work open or under construction in advance of completed portions and require the Contractor to place materials and perform work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. 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 the work, the Contractor shall be entitled to such extension of time or extra compensation, or both, as the Engineer may determine. The Owner, in taking possession prior to final acceptance, shall agree to abide by the Engineer's decision relative to responsibility for damages to the work during the period of such prior possession and use. 35. VARIATIONS, CHANGES AND MODIFICATIONS. The work contemplated in the contract documents may be subject to such changes as normally occur during construction. The Engineer, when acting within the authority entrusted to him, may order minor variations in the work; provided such variations are consistent with the intent of the drawings and specifications, and improve or expedite the work. The Engineer may, without written order or other formality, correct obvious errors in the drawings and specifications or make such minor adjustments as are required to adapt the work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the drawings and specifications, and do not materially affect the total contract price. The 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 Engineer and executed by the contracting parties. After such approval and execution, all work included shall be subject to the terms, conditions, and provisions of the original contract documents, except as otherwise specifically stipulated. In case a satisfactory adjustment in price or other basis cannot be obtained, the work may be ordered done by force account. 36. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If, through no fault of the Contractor or his employees, the work be stopped for a period of three months or more under order from any court or other public authority; or if the Engineer fails to issue any estimate for payment within 14 days after the due date; or if the Owner fails to pay to the Contractor within 10 days after due presentation any sum certified by the Engineer or awarded by arbitrators; the Contractor may, upon the seventh Revised 1/22/2012 WEN GC -12 day after written notice to the Owner and to the Engineer, 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 Contractoror 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 be unable to complete the work; or if he be intolerably negligent and slow in his prosecution of the work; or if he persistently disregards laws, ordinances, and regulations, or the directions of the Engineer; or if he 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 surety stating the conditions which make annulment imminent. If the Contractor or his 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 then may proceed with the work in any lawful manner he may elect. The rights are reserved to the Owner to take possession of any materials, construction equipment, implements, tools, and incidentals found on the work and to use them to complete the project. OWNER May Terminate for Convenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. For all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other Revised 1/22/2012 WEN GC -13 professionals and all court or arbitration or other dispute resolution costs with Subcontractors, Supplies, and others; and 4. For reasonable expenses directly attributable to termination. 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 be more than the contract price, the difference shall be made up by the Contractor or the Surety. If the total cost be less than the contract price, the difference will be paid to the Contractor or the Surety. 39. WAR CLAUSE. In the event 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, of unincorporated materials. 40. PAYMENTS TO THE CONTRACTOR. Five calendar days prior to the Owner's first regularly scheduled meeting of each month a periodic estimate, based on work completed or on receipted invoices for approved materials and equipment stored at the project site, shall be prepared by the Engineer. Periodic estimates for a lump sum contract will be based on an itemized breakdown of all work included in the contract, prepared by the Contractor, and submitted to the Engineer for approval prior to preparation of the initial periodic estimate. The breakdown shall include all costs in connection with each major classification of construction items and shall show quantities, unit prices and extensions, the sum of which shall be the total amount of the contract. In making partial payments, 10 percent will be retained from each estimate until full completion and acceptance of all work covered by the contract. The amount so retained, less any proper deductions, will be paid to the Contractor on completion and final acceptance of all work under the contract. In measuring work for payment the actual length, width, depth, area, contents, or number shall be considered, and the length shall be measured along the centerline of the work whether straight or curved. No extras of any kind will be allowed unless covered by written order or agreement specifically describing such extras. All pay requests shall be reviewed and approved by the City Engineer. Payment will be made within thirty days of approval of the pay request. 41. FORCE ACCOUNT. Where it is specified, or agreed during the course of the work, that any portion of the construction shall be done by "force account," the Contractor shall keep an accurate record of all materials, labor, and equipment used and shall furnish the Inspector a copy of each day's record within 24 hours to permit an accurate check thereof. The Owner shall pay for such construction at the actual cost to the Contractor of materials and labor, including the costs of insurance, social security, taxes and bonds, chargeable to this portion of the work; plus 15 percent for superintendence, overhead, and the use of tools and appliances. The use of equipment on such construction shall be paid for at rental rates recommended by the Association of General Contractors, modified for Kansas by the Kansas Department of Transportation; such price and payment being full compensation for Revised 1/22/2012 WEN GC -14 all costs in connection with operation, repair, maintenance, overhead, depreciation, and profit. 42. VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent, or employee of the Owner either before or after execution of this Contract, shall effect or modify any of the terms or obligations contained in any of the documents comprising said Contract. 43. EXTENSION OF TIME. The period of time for completion set forth in the Proposal shall be extended in amount equal to time lost due to causes which could not have been foreseen or beyond the control of the Contractor, and which were not the result of his fault, negligence, or deliberate act. Extension of time for completion shall also be allowed for delays in the progress of the work caused by any act or omission on the part of the Owner or his employees, or by other Contractors employed by the Owner, or delay due to an act of the Government, or for any delay in the furnishing of the plans and necessary information by the Engineer, or for any other cause which in the opinion of the Engineer entitles the Contractor to an extension of time. Strikes and labor disputes shall be cause for an extension of time. 44. LIQUIDATED DAMAGES. In event the Contractor shall fail to complete the improvements herein provided for on or before the date herein above stipulated, then the Owner, in accordance with the specifications of the City Engineer, which are made a part of this agreement as aforesaid shall be entitled to deduct from any sum or sums due the Contractor in final settlement between the parties as liquidated damages for such delay, the sum of one hundred dollars per day for each and every day after the expiration of the time limit fixed by this agreement, until said work is completed and said Contractor shall in addition thereto, be held liable for and shall pay the wages of the Inspectors on the work after said time limit has expired, which said wages shall be deducted from any amount found to be due said Contractor on such final settlement, but nothing herein contained shall be deemed to be a waiver of the right of said Owner to insist upon the performance of this contract within such time, or to prevent the Owner from looking to the sureties of said Contractor for any and all damages caused by any such delay, or as a consent to or waiver of any abandonment of the said work by the Contractor, either before or after the date fixed by completion and if within ten days after the receipt by the surety of such Contractor of a notice given to such surety by the Owner that the contract has been abandoned by said Contractor, or that the Contractor has failed to perform his contract, said Surety shall fail to take over such work and enter into an agreement with the Owner to complete the same in accordance with this contract, and to accept as compensation for such completion only such remaining part of the contract price which shall not theretofore have been paid by the Owner to said Contractor, then in such event the Owner shall have the right to take over said work and complete the same or to let another contract for such completion, and the Contractor and his surety shall be and remain liable for the full performance and completion of such contract and for all loss and damage suffered by the Owner in connection with such work. 45. ALTERNATES. To receive consideration for any proposed alternate for material, equipment, etc., the Contractor shall submit full description of the proposed alternate not later than ten (10) Revised 1/22/2012 WEN GC -15 days prior to the date of receiving proposals by the Owner, for the purpose of evaluation and approval. 46. EQUAL EMPLOYMENT. In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any, agree that: a. 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; b. 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, religion, age, color, national origin, ancestry or disability; C. 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; d. 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; e. 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; f. 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 g. The Contractor shall include similar provisions in any subcontract under this Contract. The provisions of this section shall not apply to this Contract if the Contractor: a. Employs fewer than four employees during the term of this Contract; or b. Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year. 47. CERTIFICATE OF COMPLETION. Upon substantial project completion, a "Certificate of Completion form will be Revised 1/22/2012 WEN GC -16 prepared and submitted to the contractor with a punch list. Upon completion of all bid and punch list items, the project will be accepted and the prepared "Certificate of Completion" form will be signed and distributed to the owner and contractor. The final project acceptance date will be the date agreed upon by the owner and the Contractor as indicated on the "Certificate of Completion" The agreed upon date will initiate the "one year" warranty for all public improvements on the project consistent with Item 3a. of "General Clauses' 48. MAINTENANCE OF PROJECT SITE. The contractor shall be responsible for keeping a neat and orderly job site. Locations for storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover crops necessary for erosion control shall be kept under 12" in height and trimmed away from pavements, curbs, and sidewalks. The contractor shall perform corrective maintenance promptly upon notification from the Inspector. Revised 1122/2012 WEN GC -17