Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
DS 18-0001 2018 Dangerous Structures Demolition
• CONTRACT BETWEEN THE CITY OF SALINA, KANSAS and T & R Dirt Construction for DEMOLITION OF DANGEROUS RESIDENTIAL STRUCTURES ebruani This Contract is entered into , 2019 by and between the City of Salina Kansas. (the "Citi) and T& R Dirt Construction.(the"Contractor"). Recitals A. The City desires to contract for the demolition and site clearance of certain dangerous residential structures located in Salina.Kansas(the"Project")in compliance with federal, state,and local regulations. B. The Contractor has the requisite qualifications and experience to construct the Project for the City and desires to perform those services pursuant to the terms of this Contract. The parties, in consideration of the mutual promises set forth in this Contract,agree and covenant: 1. Definitions. Except as otherwise provided herein, capitalized words used in this Contract shall have the meanings indicted in the General Clauses. 2. Contract Documents. This Contract, together with the following documents and any Change Orders issued after execution of this Contract,shall comprise the"Contract Documents" for the Project: Mark with"X" if applicable: Request for Bids Instructions to Bidders Bid Form Performance Bond/Statutory Payment ❑ Bond Certificate of Insurance Specifications Drawings General Clauses Notice to Proceed (to be issued at later date) Certificate of Completion (to be issued at later date) Other: There are no Contract Documents other than those above listed. 3. Responsibilities and Representations of the Parties. 3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents. 3.2. Representations. In order to induce the City to enter into this Contract, the Contractor represents that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the Contract Documents; (b) visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress and performance of the Work; and (c) become aware of the general nature 1 • of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 4. Schedule and Completion Times. 4.1. Time is of the Essence. All of the time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract. 4.2. Completion Times. The Work will be substantially completed, and completed and ready for final payment in accordance with the General Clauses, on or before the date(s) or within the time(s) specified in the Contractor's Bid. 4.3. Liquidated Damages. The parties recognize that the City will suffer financial loss if the Work is not completed on or before the date(s) or within the time(s) specified in the Contractor's Bid, plus any extensions thereof allowed in accordance with the General Clauses. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Therefore, for each day that expires after the time specified in the Contractor's Bid for Substantial Completion until the Work is substantially complete as fixed in the certificate of Substantial Completion, and for each day that expires after the time specified in the Bid for completion and readiness for final payment until the Work is completed and ready for final payment as fixed in the certificate of final completion, the Contractor agrees to pay liquidated damages to the City in the amount of$50.00, in accordance with the General Clauses. 5. Payment. The City shall pay the sum or sums due the Contractor, at stated intervals and in the amounts certified by the City Manager, or his designated representative, in accordance with the Contractor's Bid. Notwithstanding anything to the contrary contained in the Contract Documents, the City shall pay the Contractor the itemized Bid amount for each structure within thirty(30)days after the Contractor's full, complete, timely and faithful performance of the work required by this Agreement for each such structure. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in the General Clauses, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in the General Clauses. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent `Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in the General Clauses, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Contract. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Contract, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents,representatives,officers, officials and employees from and against all claims,damages, losses and expenses(Including but not limited to attomey fees and court costs)attributable to bodily injury,sickness, 2 disease. death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims,damages, losses,and expenses relate to,arise out of,or are alleged to have resulted from the wrongful acts, errors, mistakes, omissions. or defective work or services of the Contractor, its employees, agents,or any tier of subcontractors in the performance of this Contract. 9. Voluntary Termination. See General Clauses. 10. Default. See General Clauses. 11. Remedies. See General Clauses. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Contract shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City of Salina Attn: Sean Pilcher,Building Official 300 W.Ash St.,Room 205,P.O.Box 736 Salina, KS 67402-0736 CONTRACTOR:T&R Dirt Construction Attn: Tod Roberg P.O.Box 542(I 334A N Ohio) Salina,KS 67402-0542 14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Contract. The records shall be maintained during the term of this Contract, and for a period of three (3) years from the date of final payment under this Contract (the "Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Contract. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Contract. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes,subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 3 16. Relationship. It is expressly understood that Contractor in performing services under this Contract, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Contract are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents, forms,or returns pertinent to the foregoing. 17. Subcontracting. See General Clauses. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state, and local law in the performance of this Contract. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any,agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Contract because of race,sex,religion,age,color,national origin,ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase -equal opportunity employer,"or a similar phrase to be approved by the city's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended,in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (1) Employs fewer than four employees during the term of this Contract;or (2) Contracts with the City for cumulatively S5,000 or less during the City's calendar fiscal year. 20. Administration of Contract. All references in this Contract requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Richt to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Contract reviewed by legal counsel of the Contractor's choice. 4 23. Applicable Law; Venue. This Contract and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Contract shall be interpreted according to its fair meaning.and not in favor of or against any party. 25. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 26. Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Contract has full and legal authority to bind such party to the terms of this Contract, and that the execution and delivery of this Contract have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract,or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract, but each and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this Contract. There are no intended third party beneficiaries under this Contract, and no third parties shall have any rights or make any claims hereunder. 34. Tvpewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-i\lasculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Contract. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF SALENA,KANSAS CONTRACTOR Alif BY BY: ,AS Micha .Sc ity Manager Tel Roberg 1 G ,, ,, � � 1 ?'rest dant (tide) Attest: O240U/0 L w(pa[ Shandi Wicks,CMC.City Clerk r / Form: 4 . TjaICo . .i 6 City of Salina, Kansas PERFORMANCE BOND "CONTRACTOR" (Name and Address): "SURETY" (Name and Principal Place of Business): CITY": "PERFORMANCE BOND": City of Salina Bond Number: P.O. Box 736 Bond Amount: Salina, KS 67402-0736 Bond Date*: *not earlier than Contract date stated below 1. The Contractor has, on the day of , , entered into a contract with the City ("Contract"), for the furnishing of all materials and labor and doing all the work of whatever kind necessary to construct certain improvements for the City, which are generally described as follows: (briefly describe project) all in accordance with the detailed plans and specifications for such work on file in the office of the City, and in accordance with the Contract. 2. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the City for the performance of the Contract, which is incorporated herein by reference. 3. If the Contractor performs and fulfills all of the undertakings, covenants, terms, conditions, and agreements of the Contract, the Surety and the Contractor shall have no further obligation under this Performance Bond. 4. The Surety's obligation under this Performance Bond shall arise after the City has declared a Contractor Default as defined below, formally terminated the Contract or the Contractor's right to complete the Contract, and notified the Surety of the City's claim under this Performance Bond. 5. When the City has satisfied the conditions of Paragraph 4 above, the Surety shall, at the Surety's sole cost and expense, undertake one or more of the following actions: 5.1. Arrange for the Contractor to perform and complete the Contract, provided, however, that the Surety may not proceed with this option, except upon the express written consent of the City, which consent may be withheld by the City for any reason; 7 5.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the City for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the City and contractor selected with the City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the City the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the City resulting from the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: i. After investigation, determine the amount for which it may be liable to the City and, as soon as practicable after the amount is determined, tender payment therefore to the City; or ii. Deny liability in whole or in part and notify the City citing reasons therefore. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Performance Bond three (3) business days after receipt of written notice from the City to the Surety demanding that the Surety perform its obligations under this Performance Bond, and the City shall be entitled to enforce any legal or equitable remedies available to the City. If the Surety proceeds as provided in subparagraph 5.4, and the City refuses the payment tendered or the Surety has denied liability, in whole or in part, the City shall be entitled without further notice to Surety to enforce any legal or equitable remedies available to the City. 7. After the City has terminated the Contract or the Contractor's right to complete the Contract, and if the Surety is proceeding under subparagraph 5.1, 5.2, or 5.3 above, then the responsibilities of the Surety to the City shall not be greater than those of the Contractor under the Contract, and the responsibilities of the City to the Surety shall not be greater than those of the City under the Contract. To the limit of the amount of this Performance Bond, but subject to commitment by the City of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 7.1. The responsibilities of the Contractor for correction of defective or unsuitable work and performance and completion of the Contract; 7.2. Additional legal, design professional, and delay costs incurred by the City as a result of the Contractor's Default, and as a result of the Surety's actions or failures to act under Paragraph 5 above; 7.3. Liquidated damages as specified in the Contract, or, if no liquidated damages are specified in the Contract, actual damages incurred by the City as a result of delayed performance or non-performance of the Contract by the Contractor or the Surety; and 7.4. Payment of all unpaid and due and owing fees or payments owed to the City under the Contract at the time of the Contractor Default. 8 8. To the extent of payment to the Surety of the Balance of the Contract Price. the Surety shall defend, indemnify, and hold harmless the City from all claims, suits, causes of actions, and demands (including all costs of litigation and reasonable attorneys' fees), which are brought against the City by the Contractor or any other party and which arise from or by reason of payment to the Surety the Balance of the Contract Price. 9. The Surety hereby waives notice of any change or modification to the Contract, including changes of time, or changes to related subcontracts, purchase orders, and other obligations. 10. Any proceeding, suit, or claim, legal or equitable, under this Performance Bond shall be instituted in the Saline County, Kansas District Court and shall be instituted within two years of the date on which the Surety refuses or fails to perform its obligations under this Performance Bond, in accordance with Paragraph 5 above. II. All notices to the Surety or the Contractor shall be mailed or delivered to the respective addresses shown on the first page. In the event of a change in the address of the Surety or the Contractor, such party shall promptly provide notice to the City and the other party, with such notice to include a reference to the Contract and this Performance Bond. 12. This Performance Bond and its validity, construction, and performance shall be governed by the laws of Kansas. 13. Definitions. As used herein, the following terms shall have the following definitions: 13.1. 'Balance of the Contract Price" shall mean the total amount payable by the City to the Contractor under the Contract after all proper adjustments have been made, including change orders and credits due the City, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract and reduced further by all direct costs and expenses incurred by the City as a result of the Contractor Default, including costs of additional supervision or inspection by the City of the Contractor's work under the Contract and fees and expenses paid to consultants or others hired by the City for purposes of monitoring or investigating the Contractor's work under the Contract. 13.2. "Contract" shall mean the agreement between the City and the Contractor identified in Paragraph 1 above, including all related contract documents and changes thereto. 13.3. "Contractor Default" shall mean the failure of the Contractor to perform or otherwise comply with the terms of the Contract. {Signature Page Follows} 9 IN TESTIMONY WHEREOF, the Contractor has hereunto set its hand, and the Surety has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized to do so, as of this day of . 20 CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal Print Name By: Title Signature (Attach Power of Attorney) Print Name Title (A certified copy of the agent's Power of Attorney must be attached hereto.) 10 City of Salina, Kansas STATUTORY PAYMENT BOND (Pursuant to K.S.A. § 60-1111) "CONTRACTOR" (Name and Address): "SURETY" (Name and Principal Place of Business): CITY "PERFORMANCE BOND": City of Salina Bond Number: P.O. Box 736 Bond Amount: Salina, KS 67402-0736 Bond Date*: *not earlier than Contract date stated below KNOW ALL BY THESE PRESENTS: THAT the Contractor and the Surety are held and firmly bound unto the State of Kansas in the amount of this Payment Bond, for the payment of which sum, well and truly to be made, said Contractor and Surety bind themselves, their heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has, on the day of , entered into a contract with the City ("Contract"), for the furnishing of all materials and labor and doing all the work of whatever kind necessary to construct certain improvements for the City, which are generally described as: (briefly describe project) all in accordance with the detailed plans and specifications for such work on file in the office of the City, and in accordance with the Contract, a copy of which is by reference made a part hereof. NOW, THEREFORE, if the Contractor, or the subcontractor or subcontractors of the Contractor, shall pay all indebtedness incurred for labor famished, materials, equipment or supplies, used or consumed in connection with, or in or about the construction or making of, the above described improvements, including gasoline, lubricating oils, fuel oils, greases, and similar items used or consumed directly in furtherance of such improvement, this obligation shall be void; otherwise, it shall remain in full force and effect. 11 PROVIDED FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the specifications. PROVIDED FURTHER, the said Surety agrees that any person to whom there is due any sum for labor or materials furnished, as hereinbefore stated, or said person's assigns, may bring an action on this bond for the recovery of the indebtedness; PROVIDED, that no action shall be brought on the bond after six (6) months from the completion of said public improvements. IN TESTIMONY WHEREOF, the Contractor has hereunto set its hand, and the Surety has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized to do so, as of this day of , 20 CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal Print Name By: Title Signature (Attach Power of Attorney) Print Name Title (A certified copy of the agent's Power of Attorney must be attached hereto.) 12 SECTION 1 - GENERAL SPECIFICATIONS 1. SCOPE: The work provided for in these Specifications shall consist of furnishing all technical personnel, labor, materials, equipment, and services required to perform and complete all work required for the demolition and clearance of the structures listed in the Contractor's Bid, including all appurtenant structures, steps, sidewalks, structure slabs and foundations, fencing, and debris, and all accessory structures located on the property, including garages and storage sheds, and other incidental and related work as set forth in these Specifications and as directed by the Project Manager to complete the proposed demolition. 2. UTILITIES: Before starting demolition, it shall be the responsibility of the Contractor to check that all utility service connections such as water, gas, electric power and telephone have been disconnected in accordance with the regulations of the applicable utility. The Contractor shall notify the utility company before proceeding with the Work. The Contractor shall be responsible for including the cost of any abandonment of utilities in the Bid. The contractor shall also be responsible for verifying if a shared sewer exists. No additional funding will be available for the abandonment of utilities in the event any of the utilities are still in service. The Contractor shall seal with concrete all storm and sanitary sewers leading from the structures to be demolished within five (5) feet of the property line unless the sewer is a shared sewer with another property, in which case an alternative termination must be approved, prior to proceeding, by the Utilities Department. The Contractor shall preserve in operating condition all active utilities traversing the project site, and shall protect manholes, catch basins, valve boxes, etc. Any damage to any such utility by the Contractor shall be repaired by the Contractor, at his own expense, to the satisfaction of the utility company concerned and the City Building Inspector. 3. DEMOLITION: All foundations, footings, basement floors, exterior and interior walls, slabs, cisterns, septic tanks and systems, etc., along with all appurtenances and accessory structures on the premises, including garages and storage sheds, shall be completely removed. All appurtenances such as steps, porches, and similar structures shall also be completely removed. All concrete floors and slabs shall be removed whether supported by walls, columns, other supports, or resting on the ground. The Contractor shall also remove all private sidewalks and driveways within the property. Note: Public sidewalks shall not be damaged and are to remain in serviceable conditions. 4. BARRICADES: The Contractor shall provide substantial barricades around the demolition site, including all excavations. These barricades shall be adequate to block access and to protect the public and workmen. Warning signs and warning signal lights shall be placed wherever the public is exposed to danger. 13 If portions of streets, alleys, or the adjacent public parking lots are to be closed to allow certain demolition work to occur, the Contractor shall notify the City Engineer three (3) days in advance of his desire to close or barricade a portion of a street, alley, or public parking lot. The City Engineer shall coordinate the closing operation with other affected City departments. 5. PROTECTION OF PROPERTY AND PERSONS: Adequate protection of persons and property shall be provided at all times. The Work shall be executed in such a way as to avoid hazard to persons and property, interference with the use of adjacent buildings, and interruption of free passage to and from adjacent buildings. Streets, curbs and all street sidewalks parallel to the curb shall be protected to prevent damage from occurring due to demolition activities. The Contractor shall also provide continuous protection for pedestrians using street sidewalks adjacent to demolition sites. 6. DISPOSAL OF DEBRIS: The Contractor shall remove all debris found on the Site which is the result of demolition operations, from the project site to any location the Contractor may select, provided the disposal method and area are in compliance with all laws and regulations. The Contractor shall be permitted to use the City's landfill facility for debris disposal. Normal disposal fees will apply. 7. FILLING EXCAVATION AREA: Before filling the excavation area, the Contractor shall thoroughly clean out the same, removing all debris. All excavations shall be inspected by the Building Inspector prior to filling operations. Only materials approved by the Building Inspector shall be used for filling the excavation area, to finished grade. The approved backfill material shall be compacted by rolling, tamping, or other methods approved by the Building Inspector, until the entire fill to finished grade has attained a density equal to the specified compaction limits. Embankments shall be placed in layers, not to exceed eight (8) inches prior to compaction; and shall have a moisture content not less than five percent (5%) below optimum moisture for the material used, and not more than five percent (5%) above the optimum. Compaction shall be equal or greater than ninety-five percent (95%) of maximum compaction at optimum moisture content. 8. TESTING: The Contractor shall, at his own expense, employ a firm qualified to make soil compaction tests and furnish the Building Inspector a certified copy of all soil tests. Soil compaction tests shall be taken at the pool area and all other excavations requiring filling and compaction. The Building Inspector shall determine the location and number of compaction tests that shall be required on this project. 14 9. INSPECTION: The City Building Inspector may inspect the demolition activities at any time. The Contractor shall provide free access to any and all parts of the Work within the construction limits of the project. All utility terminations must be inspected by a representative of the applicable utility company prior to burial or covering. Cap the sanitary sewer within (5) five feet of the property line unless the sewer is a shared sewer with another property, in which case an alternative termination must be approved, prior to proceeding, by the Utilities Department. Sewer cap location must be inspected by the Building Inspector. 10. FINAL CLEAN UP: Immediately upon completion of the Work, the Contractor shall remove all surplus material of any nature from the Site. The Site is to be rough graded to allow complete surface drainage of the Site. 11. SALVAGED MATERIALS: All salvaged materials from the structure shall become the property of the Contractor. Storage of such items on the site will not be permitted. This material shall be removed from the Site. Property belonging to public bodies or public service companies, unless abandoned by such companies, shall not become the property of the Contractor. In the event of any doubt concerning ownership of any particular property, the Contractor shall request from the City a written statement, regarding its ownership. 12. DEMOLITION PERMITS: The Contractor shall, at his own expense, obtain a demolition permit from the Building Services Division, Room 201, 300 West Ash Street, Salina, Kansas, for all structures to be demolished. 13. ACCEPTANCE: The Contractor shall request a final inspection at least two (2) days before completion of the Work. Within two (2) days after all Work has been completed, the Building Inspector shall make a final inspection and if all Work is satisfactory, the City of Salina will accept the Work. If portions of the Work are determined to be unsatisfactory by the Building Inspector, the Contractor shall correct the deficiencies, whereupon, another inspection of the revised Work will be made by the Building Inspector before final acceptance. 14. SUBSIDIARY WORK: Miscellaneous clean-up, filling of the excavation area, site grading, and all other work required by these Specifications to complete the Work shall not be paid for directly but shall be considered subsidiary to the bid item for demolition and shall be included in the lump sum demolition for each individual tract. Payment for the demolition item shall include all labor, materials, tools, equipment, and required fill material to complete the Work as specified. 15 15. SALES TAX EXEMPTION: On applicable bid items, materials, services, and equipment 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 Bids. The City, when requested, will provide the Contractor with a proper exemption certification number. Upon issuance of a proper exemption certification number 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 certification number. 16. ASBESTOS REMOVAL: The Contractor shall be responsible for the proper removal, handling, and disposal of all friable and non-friable asbestos containing materials (ACM) associated with the structures included in this demolition project. The ACM shall be removed in a proper manner by a licensed abatement contractor in compliance with all EPA and NESHAP regulations. All demolition and asbestos removal shall comply with Kansas Department of Health and Environment (KDHE) Asbestos Control Regulations 28-50-8, 28-50-9, 28-50-10, 28-50-12, 28-50-13 and 28-50-14. All friable asbestos material shall be removed prior to any demolition. Structures that contain non-friable asbestos materials shall be demolished in a manner that will prevent any airborne asbestos fibers. The demolition project must stop at the point of recognition of any ACM and a licensed asbestos abatement contractor shall be notified for proper removal prior to resuming demolition. The disposal of ACM shall be in accordance with KDHE and EPA regulations in a licensed landfill facility. The Contractor shall provide the Building Services Division, Attn: Building Inspector with a copy of the landfill facility license prior to any disposal. The Contractor shall also provide copies of landfill scale tickets for the material disposed of from this project. The Contractor shall provide the necessary notice to KDHE and the City before any demolition may begin on structures with ACM. The Contractor shall be responsible for all necessary documentation related to asbestos abatement required by KDHE and the EPA. The Contractor shall provide copies of all such documentation to the City. 16 SECTION B - KDHE ASBESTOS REMOVAL INFORMATION Please review the attached Asbestos Inspection reports as completed by North Central Regional Planning Commission. Each parcel has an "Asbestos Demolition Notification Form" which needs to be completed by the contractor and then submitted to KDHE at least ten (10) days prior to the start of demolition. 17 Postmark Date For Office Use only Form ET-A5B10(09/12) Page 1 ••r e 'i }cirisas KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT Department of Health ASBESTOS DEMOLITION NOTIFICATION FORM and Environment GENERAL INSTRUCTIONS: This Asbestos Demolition Notification Form is to be completed and submitted before a building or structure is to be demolished. NOTE: IF THE BUILDING OR STRUCTURE CONTAINS FRIABLE ASBESTOS- CONTAINING MATERIALS, THE ASBESTOS NOTIFICATION FORM (ET-ASB8) MUST BE COMPLETED AND SUBMITTED TO THE DEPARTMENT. THIS ASBESTOS DEMOLITION FORM WILL NOT BE ACCEPTED FOR REPORTING THE REMOVAL OF FRIABLE ASBESTOS-CONTAINING MATERIALS FROM BUILDINGS SCHEDULED FOR DEMOLITION. This form is to be received by the Department not less than 10 working days before the demolition project is scheduled to start. Any notification that is incomplete or any notification indicating site activities to be in violation of applicable regulations will be considered an invalid notification. Separate notifications must be provided for each building or other individual facility where demolition of said building or facility is to be demolished. Additional copies of this form should be reproduced as needed. Under most circumstances, the removal of Category I nonfriable asbestos-containing materials will not be required prior to demolition unless the building is to be burned or the materials are considered to be friable. Category II nonfriable asbestos- containing materials must be removed prior to demolition if the materials would be subject to crushing,crumbling or pulverizing during the process of demolition of the building or structure. Mail the original, signed and completed form to: KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT BUREAU OF ENVIRONMENTAL HEALTH ASBESTOS CONTROL SECTION 1000 SW JACKSON, SUITE 330 TOPEKA, KANSAS 66612-1365 (785) 296-1560 PART A AUTHENTICATION I hereby certify that,to the best of my knowledge and understanding,the information provided is complete,true and correct. Please type or P NA GIBLE Title Signature Dote Name of Firm Telephone No._( PART B PROJECT DESCRIPTION Building/Structure Owner Owner Address: Street City State Zip Owner Contact: Name City of Salina Telephone No._( 785 )309-5760 Building Address: Street 245 Baker City. Salina County Saline Present Use: Vacant Past Use: House Age of Building: 50+years Building Floor Space: (sq ft) 936 No.of Floors: I Scheduled Demolition Start / / Completion / / Describe how building will be demolished: Form ET-A5810(09/12) Page 2 PART C INSPECTION INFORMATION Was an inspection for asbestos conducted for this project? X Yes No If yes,provide the following information: Inspector Name Dell Gier Date Inspected 10/30/2018 Address 109 N.Mill St. City Beloit State KS Telephone No._(785 ) 738-8344 Accreditation by iSi Precision Environmental Exp. Date 11/07/2018 Provide method used to detect the presence of asbestos material,including analytical methods: Samples taken and submitted to an accredited lab, Schneider Laboratories Global,Inc., Richmond,VA PART D DEMOLITION CONTRACTOR INFORMATION Contractor: Address: City: State Zip Contact: Telephone No. ( ) PART E IDENTIFIED ASBESTOS CONTAINING MATERIALS Nonfriable Category I: -0- s.f. I.f. c.yd. Nonfriable Category II: -0- s.f. I.f. c.yd. Friable Asbestos -0- s.f. I.f. c.yd. If friable asbestos-containing materials are present state who will be removing the material and when it will be removed: If nonfriable Category II asbestos-containing materials are present, briefly state the work practices intended to be used to insure these materials do not become friable (crushed,crumbled,or pulverized): Is building or structure to be burned? Yes No If yes,attach a copy of the required approval letter from KDHE. NOTE: All asbestos-containing materials and any additional materials, as required by the Department, must be removed prior to burning. Was demolition ordered by a Local Government because the structure is structurally unsafe and in danger if imminent collapse? Yes No If yes, attach copy of the order PART F WASTE DISPOSAL Disposal Site: KDHE Licensed Municipal Solid Waste(Sanitary)or Construction/Demolition(C&D)Landfill Permit Number Location: City County State Waste Transporter: Postmark bate For Office use Only Form ET-ASB10(09/12) ,ate Page 1 ci.�° Kj • ••e s. 11 ansas KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT Department of Hach ASBESTOS DEMOLITION NOTIFICATION FORM and Environment GENERAL INSTRUCTIONS: This Asbestos Demolition Notification Form is to be completed and submitted before a building or structure is to be demolished. NOTE: IF THE BUILDING OR STRUCTURE CONTAINS FRIABLE ASBESTOS- CONTAINING MATERIALS, THE ASBESTOS NOTIFICATION FORM (ET-ASB8) MUST BE COMPLETED AND SUBMITTED TO THE DEPARTMENT. THIS ASBESTOS DEMOLITION FORM WILL NOT BE ACCEPTED FOR REPORTING THE REMOVAL OF FRIABLE ASBESTOS-CONTAINING MATERIALS FROM BUILDINGS SCHEDULED FOR DEMOLITION. This form is to be received by the Department not less than 10 working days before the demolition project is scheduled to start. Any notification that is incomplete or any notification indicating site activities to be in violation of applicable regulations will be considered an invalid notification. Separate notifications must be provided for each building or other individual facility where demolition of said building or facility is to be demolished. Additional copies of this form should be reproduced as needed. Under most circumstances, the removal of Category I nonfriable asbestos-containing materials will not be required prior to demolition unless the building is to be burned or the materials are considered to be friable. Category II nonfriable asbestos- containing materials must be removed prior to demolition if the materials would be subject to crushing,crumbling or pulverizing during the process of demolition of the building or structure. Mail the original, signed and completed form to: KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT BUREAU OF ENVIRONMENTAL HEALTH ASBESTOS CONTROL SECTION 1000 SW JACKSON, SUITE 330 TOPEKA, KANSAS 66612-1365 (785) 296-1560 PART A AUTHENTICATION I hereby certify that,to the best of my knowledge and understanding,the information provided is complete,true and correct. Please type or PRINT NAME LEGIBLE Title Signature Date Name of Firm Telephone No._( PART B PROJECT DESCRIPTION Building/Structure Owner Owner Address: Street City State Zip Owner Contact: Name City of Salina Telephone No. ( 785 )309-5760 Building Address: Street 1819 N. 5th St. City_ Salina County Saline Present Use: Vacant Past Use: House Age of Building: 50+years Building Floor Space: (sq ft) 1,412 No.of Floors: 1 Scheduled Demolition Start / / Completion / / Describe how building will be demolished: Form ET-A5810(09/12) Page 2 PART C INSPECTION INFORMATION Was an inspection for asbestos conducted for this project? X Yes No If yes,provide the following information: Inspector Name Dell Gier Date Inspected 10/30/2018 Address 109 N.Mill St. City Beloit State KS Telephone No._( 785 ) 738-8344 Accreditation by iSi Precision Environmental Sip. Date 11/07/2018 Provide method used to detect the presence of asbestos material,including analytical methods: Samples taken and submitted to an accredited lab,Schneider Laboratories Global, Inc., Richmond,VA PART D DEMOLITION CONTRACTOR INFORMATION Contractor: Address: City: State Zip _ Contact: Telephone No.( PART E IDENTIFIED ASBESTOS CONTAINING MATERIALS Nonfriable Category I: 8 s.f. I.f. c.yd. Nonfriable Category II: -0- s.f. I.f. c.yd. Friable Asbestos -0- s.f. I.f. c.yd. If friable asbestos-containing materials are present state who will be removing the material and when it will be removed: If nonfriable Category II asbestos-containing materials are present, briefly state the work practices intended to be used to insure these materials do not become friable (crushed,crumbled,or pulverized): Is building or structure to be burned? Yes No If yes,attach a copy of the required approval letter from KDHE. NOTE: All asbestos-containing materials and any additional materials, as required by the Department, must be removed prior to burning. Was demolition ordered by a Local Government because the structure is structurally unsafe and in danger if imminent collapse? Yes No If yes, attach copy of the order PART F WASTE DISPOSAL Disposal Site: KDHE Licensed Municipal Solid Waste(Sanitary)or Construction/Demolition(C4D)Landfill Permit Number Location: City • County State Waste Transporter: GENERAL CLAUSES TABLE OF CONTENTS APPLICATION GC-1 2. DEFINITIONS GC-1 a. Bid GC-1 b. Bidder GC-1 c. Change Order GC-1 d. City GC-2 e. Contract GC-2 £ Contract Documents GC-2 g. Contract Price GC-2 h. Contract Times GC-2 i. Contractor GC-2 j. Drawings GC-2 k. Engineer GC-2 1. Inspector GC-2 m. Milestone GC-2 n. Notice to Proceed GC-2 o. Site GC-2 p. Specifications GC-3 q. Standard Specifications and Test Methods GC-3 r. Substantial Completion GC-3 s. Work GC-3 3. TERMINOLOGY GC-3 a. Day GC-3 b. Defective GC-3 c. Furnish GC-3 d. Install GC-4 e. Perform; Provide GC-4 4. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED GC-4 5. BONDS GC-4 a. Performance Bond GC-4 b. Statutory Bond GC-4 6. INSURANCE REQUIREMENTS GC-4 7. PATENTED DEVICES AND PROCESSES GC-5 8. WATER, GAS AND ELECTRICITY GC-5 11.9.18 GC-A 9. PERMITS, LICENSES AND REGULATIONS GC-5 10. NOTICES GC-5 11. OBSTACLES AND OBSTRUCTIONS GC-5 a. Subsurface Obstructions GC-6 b. Surface Obstructions GC-6 c. Public Utilities GC-6 d. Trees and Shrubs GC-7 e. Sodded and Landscaped Areas GC-7 f. Privately Owned Obstructions GC-7 12. SALVAGED MATERIALS GC-7 13. MATERIALS FURNISHED BY CITY GC-7 14. BARRIERS AND LIGHTS GC-7 15. RESPONSIBILITY FOR PROPERTY DAMAGE GC-7 16. PUBLIC CONVENIENCE GC-8 17. QUALITY OF MATERIALS AND EQUIPMENT GC-8 18. WORKMANSHIP GC-8 19. PRESERVATION OF MONUMENTS AND MARKERS GC-8 20. TEST SAMPLES AND SPECIMENS GC-8 21. SPECIAL CONSTRUCTION METHODS GC-9 22. SHOP AND ERECTION DRAWINGS GC-9 23. REPRESENTATION GC-9 24. COOPERATION GC-9 25. INCIDENTAL WORK GC-10 26. FINAL CLEAN UP GC-10 27. RESPONSIBILITIES OF THE CONTRACTOR GC-10 28. SANITARY CONVENIENCES GC-11 29. APPROVAL OF SUBCONTRACTORS GC-11 30. RESPONSIBILITY OF THE ENGINEER GC-11 11.9.18 GC-B 31. INTERPRETATION OF CONTRACT DOCUMENTS GC-11 32. INSPECTION GC-11 33. WORK AFFECTED BY WEATHER GC-12 34. CONTROL AND REGULATION OF WORK GC-12 35. USE OF COMPLETED PORTIONS GC-12 36. VARIATIONS, CHANGES AND MODIFICATIONS GC-12 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT GC-13 38. CITY'S RIGHT TO SUSPEND WORK GC-13 39. CITY'S RIGHT TO TERMINATE CONTRACT GC-13 40. PAYMENTS TO CONTRACTOR GC-14 41. FORCE ACCOUNT GC-15 42. EXTENSION OF CONTRACT TIMES GC-15 43. LIQUIDATED DAMAGES GC-17 44. ALTERNATES GC-17 45. CERTIFICATES OF COMPLETION GC-17 a. Substantial Completion GC-17 b. Final Completion GC-18 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD GC-18 47. MAINTENANCE OF PROJECT SITE GC-19 48. SCHEDULE A - INSURANCE REQUIREMENTS GC-21 11.9.18 GC-C 11.9.18 GC-D CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS . APPLICATION. These General Clauses are a part of the Contract Documents and shall be binding upon all parties; except for the parts obviously not applicable to the particular Contract, or if specifically revised, modified or supplemented by the technical Specifications, Bid, or Change Order. 2. DEFINITIONS. When the following terms are used in the Specifications or other Contract Documents, the intent and meaning shall be interpreted as follows: (a) BID. The written offer of the Bidder to perform the contemplated Work in accordance with the Contract Documents and setting forth the prices for the Work to be performed. (b) BIDDER. Any individual, partnership, firm or corporation submitting a proposal for performing the Work. (c) CHANGE ORDER. A written proposal and agreement, executed by the Contractor and City and accompanied by new surety bonds in the full amount of the change order, covering Work not included in the original Contract Documents. The City reserves the right to waive the requirements of new surety bonds. Change orders shall include such supplemental drawings and technical specifications as may be required to show the location, character, details, and extent of the additions, deletions, or modifications. If applicable unit prices for these additions or deletions are not contained in the original Contract Documents or if the total net change increases or decreases the total Contract Price more than twenty-five percent (25%) the City shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from the Contractor covering the Work involved in the change. If the proposal is acceptable, the Engineer shall then prepare a Change Order which includes a detailed description of the change in the Work, a definite statement as to the resulting change in the Contract Price and/or time, and a statement that all Work involved in the change shall be performed in accordance with Contract requirements except as modified by the Change Order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the City may order the Contractor to proceed with the Work on a "Force Account" basis pursuant to Section 41 below. (d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or through legally authorized officials. GC-1 (e) CONTRACT. The written agreement covering the performance of the Work. (0 CONTRACT DOCUMENTS. Those items so designated as the "Contract Documents" in the Contract. (g) CONTRACT PRICE. The moneys payable by the City to the Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Contract. (h) CONTRACT TIMES. The number of days or the dates stated in the Contract Documents to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment. (i) CONTRACTOR. The 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. (j) DRAWINGS. The working drawings, supplemental drawings, or reproductions of the drawings showing the location, dimensions, and details of the Work to be done. (k) ENGINEER. The City Engineer of the City of Salina, Kansas, or the City Engineer's designated consultant. (1) INSPECTOR. An authorized representative of the Engineer or an authorized representative of the City 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. (m)MILESTONE. A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. (n) NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work on the Contract Documents. (o) SITE. Land or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of the Contractor. (p) 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. • (q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are GC-2 hereby made a part of the Contract Documents to the same extent as if fully set forth herein. Reference to such "Standard Specifications" shall be deemed to refer to the latest standard and tentative standards as are in force on the date Bids are received. (r) SUBSTANTIAL COMPLETION. The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of the Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that it can be utilized for the purposes for which it is intended. The terms "substantially complete` and "substantially completed" as applied to all or part of the Work refer to the "Substantial Completion" thereof. (s) WORK. The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the construction project required to be provided under the Contract Documents, and the carrying out of all the duties and obligations imposed by the Contract. 3. TERMINOLOGY. The words and terms discussed below are not defined but, when used in the Contract Documents, have the following indicated meaning: (a) DAY. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. (b) DEFECTIVE. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: i. Does not conform to the Contract Documents; ii. Does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or iii. Has been damaged prior to the Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City in accordance with Section 35). (c) FURNISH. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. (d) INSTALL. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. (e) PERFORM; PROVIDE. The words "perform" or "provide." when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. When "furnish." "install," "perform," or "provide" is not used in connection with GC-3 services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. 4. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED. The Contract Times will commence to run on the thirtieth day after the effective date of the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the effective date of the Contract. 5. BONDS. The Contractor shall furnish such surety bonds as hereinafter identified and described. Any and all bonds shall be so written as to make the Contract Documents a part thereof, whether by reference or attachment, in order to give the surety full notice of the conditions thereof. Each bond shall be a legally issued surety drawing in an amount not less than the total Contract Price, meeting the approval of the City and all other parties concerned as required by law as to form, tenor, execution and surety, and shall be delivered to the City, along with the executed Contract, within ten (10) days after the City's notice of award. The Contractor shall have no rights under the Contract until such acceptable bonds have been furnished and delivered. The City 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. The Contractor shall furnish the following: (a) PERFORMANCE BOND. A performance bond, in the form provided by the City, running to the City, conditioned upon the prompt, full, and complete performance by the Contractor as principal of all covenants, obligations, and agreements contained in the Contract Documents. The performance bond shall remain in effect until completion of the two (2) year warranty period specified in Section 46 below. (b) STATUTORY BOND. A payment bond, in the form provided by the City, 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. 6. INSURANCE REQUIREMENTS. The Contractor shall purchase and maintain, and shall require each of its authorized subcontractors to obtain and maintain, for the duration of the Contract, policies of insurance, providing such coverages and meeting such requirements as specified in Schedule A attached hereto. 7. 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 City harmless against any claim or demand for payment of such. 8. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the Work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required GC-4 arrangements, ascertain the applicable rates, and pay for all such water, gas, and electricity so used, unless a specified exemption is made in the technical Specifications. 9. PERMITS, LICENSES AND REGULATIONS. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. 10. NOTICES. The Contractor shall give written notice, not less than twenty-four (24) hours before breaking ground for the project, to all persons in charge of any property that may be affected by the Work or related operations. The Contractor shall not hinder or interfere with any persons performing Work as required to care for and protect property from possible damage during construction of the proposed improvements. The Contractor shall notify the Engineer or Inspector prior to beginning, suspending, or resuming operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 11. OBSTACLES AND OBSTRUCTIONS. Natural obstructions and publicly owned existing facilities and improvements encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the Drawings. Care shall be used while excavating, trenching, or performing other Work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at the Contractor's expense. All Work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the City and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. Unless otherwise provided in the Bid, no separate or additional payment will be made for any Work in connection with removal, relocation, or restoration of obstructions and existing facilities. (a) SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and services, gas mains and services, storm drains and pipe culverts, underground conduits, cables, and similar buried obstructions. The drawings indicate the general location of certain utilities and facilities; the Contractor shall make a reasonable effort to ascertain the existence of obstructions by inquiry and examination of public and private utility maps, and shall locate obstructions by digging in advance of machine excavation where definite information is not available as to their exact location. Where such facilities are unexpectedly encountered and damaged, responsible officials and other affected parties shall be notified and proper arrangements made for the prompt repair and restoration of service, subject to the requirements of Section 11(c) below. GC-5 (b) SURFACE OBSTRUCTIONS. Sidewalks, curb and gutter, drainage structures, and similar obstructions may be tunneled under if the 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 or work around the facility, the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. The cost of such removal or relocation work shall be borne by the City, 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 City shall notify the utility company in writing of the approximate date on which construction Work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation Work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation Work has not been accomplished prior to construction at the location, the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. (d) TREES 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 resorting 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 other disturbed areas shall be carefully hand raked to allow the private property owner to re-seed grass or otherwise maintain the area. (0 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 GC-6 may remove, relocate, or reconstruct portions of fences at the Contractor's own responsibility and expense, or by separate negotiation with the respective owner. 12. MATERIALS FURNISHED BY CITY. All materials, supplies, or equipment furnished by the City for incorporation in the Work shall be handled and transported by the Contractor at the Contractor's expense from cars, warehouses, or yards where received or stored by the City. The Contractor shall include in the Contract Price or prices all costs in connection with handling, sorting, protecting, and installing all such materials, supplies, or equipment furnished by the City, and shall make good all losses and breakage due to carelessness or negligence while same are in the Contractor's possession. 13. BARRIERS AND LIGHTS. As required to prevent accidents to the general public and to workers, the Contractor shall provide all materials and labor to erect and maintain fences, barriers, barricades, and warning signs; provide and maintain flares, lanterns, and lights. 14. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to buildings, structures, trees, shrubbery, or other property located outside the construction limits, or located within those limits but not designated for removal or reconstruction, providing such damage shall result from the wrongful acts, errors, mistakes, omissions, or defective Work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of the Work. 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. GC-7 17. WORKMANSHIP. All improvements shall be constructed in a neat and workmanlike manner. Improper or defective Work shall be corrected and if necessary removed, replaced, or reconstructed to comply with the plans and Specifications. The Contractor shall be held responsible for the quality of the entire Work; should the Contractor refuse or neglect to remedy defects when ordered to do so, the City may require the condemned portions to be replaced, restored, repaired, or reconstructed at the expense of the Contractor or the Contractor's surety. 18. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments, benchmarks, and markers of the local, state, or federal government, and shall not excavate within five (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, City, 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 City. 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 the Contractor 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 workers, order materials; arrange for construction equipment, and otherwise represent or act on behalf of the Contractor; any direction given to the superintendent by the Engineer or Inspector shall be as binding as if given to the Contractor. GC-8 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 City, and with other contractors or constructors concerned in the Work. The Contractor shall plan and schedule the Work to the mutual benefit of all interested parties and shall perform the Work in accordance with the agreed schedule. In case of controversy, the Engineer will allocate the Work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the Contract by the City. 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 incidental Work 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. Before commencing Work, the Contractor shall be responsible for ensuring 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 the Contract Prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or otherwise furnished as specified, and shall perform all operations necessary to construct and complete the improvements, ready for use, including all preparatory, temporary, and incidental Work. The Contractor shall be responsible for the protection of all Work under the 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 the Contractor at the Contractor's sole expense. All losses or damages arising from the nature of the Work to be done, from the action of the elements, or from unforeseen circumstances or difficulties, shall be sustained by the Contractor; such losses or damages shall not relieve the Contractor of responsibility to fulfill the 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. The Contractor shall furnish all required information relating to the Work or materials, including copies of invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist GC-9 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 workers 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. 27. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of the Contractor's employees and shall maintain the same in a clean and sanitary condition. The Contractor 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 file with the City and the Engineer the names of all subcontractors to whom the Contractor expects to sublet any portion of the Work, and shall not change subcontractors without written approval of the City and the Engineer. The approval of subcontracts shall not relieve the Contractor of any liabilities under the Contract. Should any subcontractor fail to satisfactorily perform its portion of the Work, the City may annul and terminate the contract of such subcontractor. 29. RESPONSIBILITY OF THE ENGINEER. The findings and determinations of the Engineer on all questions pertaining to materials and workmanship or as to interpretation of the Drawings and Specifications shall be final and binding on all parties to the Contract. 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 the Contract. Such inspection shall extend to any and all parts of the Work and to the preparation or production of all materials to be incorporated. All sampling of Work shall be done by, or in the presence of, the Engineer or his representatives. The Inspector will conduct field tests on Work and materials whose physical characteristics and general suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate from or to relax the Specifications without written permission of the GC-10 Engineer or to delay the Work by failing to inspect or field test any of the Work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress, and will prepare such progress reports as required during construction and at monthly intervals will prepare, and submit to the City, periodic payment estimates based on the amount and value of all Work performed to date by the Contractor. 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 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 their judgment and initiative in the control and regulation of the Work. The Engineer or Inspector may regulate the amount of Work open or under construction in advance of completed portions and require the Contractor to place materials and perform Work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. 34. USE OF COMPLETED PORTIONS. The City shall have the right to take possession of and use 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 City, 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, as authorized by the City, 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 City 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 GC-11 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, 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 fourteen (14) days after the due date; or if the City fails•to pay to the Contractor within ten (10) days after due presentation any sum certified by the Engineer or awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the City and to the Engineer, stop Work or terminate the Contract and recover from the City full payment for all Work properly executed, together with invoice cost of unincorporated materials purchased by the Contractor or on irrevocable order plus the actual cost of handling and storing said materials, provided said handling and storing cost does not exceed five percent (5%) of the invoice cost. 37. CITY'S RIGHT TO SUSPEND WORK. The City may suspend Work on any or all parts of the Work pending 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 the Contractor be entitled to any extension of time for completion of the Contract, except at the City's option. 38. CITY'S RIGHT TO TERMINATE CONTRACT. (a) The occurrence of any one or more of the following events will justify termination for cause: i. The Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment); ii. The Contractors persistent disregard of laws, ordinances, or regulations, or the directions of the Engineer; or iii. The Contractor's violation in any substantial way of any provisions of the Contract Documents. (b) If one or more of the events identified in Section 39(a) above occur, the City may, after giving the Contractor and its surety ten (10) days written notice of its intent to terminate the services of the Contractor, terminate the Contract or the Contractor's right to complete the Contract, and: i. Exclude the Contractor from the Site, and take possession of the Work and of all the Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); GC-12 ii. Incorporate in the Work all materials and equipment stored at the Site or for which the City has paid the Contractor but which are stored elsewhere; and iii. Complete the Work as the City may deem expedient. (c) If the City proceeds as provided in subsection (b) above, the Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court costs) sustained by the City arising out of or relating to completing the Work, such excess will be paid to the Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, the Contractor shall pay the difference to the City. When exercising any rights or remedies under this section, the City shall not be required to obtain the lowest price for the Work performed. (d) Notwithstanding the foregoing, the Contractor's services will not be terminated if the Contractor begins within ten (10) days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty(30) days of receipt of said notice. (e) If the Contractor's services have been terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 39. PAYMENTS TO CONTRACTOR. Five days prior to the City'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, ten percent (10%) will be retained from each payment. Upon the Engineer's certification of the Project's final completion and readiness for final payment pursuant to Section 45(b) below, the Owner shall make payment of retainage. 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. 40. 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 twenty-four (24) hours to permit an accurate check thereof The City shall pay for such construction at the actual cost to the Contractor of materials and labor, including the costs of GC-13 insurance, social security, taxes and bonds, chargeable to this portion of the Work; plus fifteen percent (15%) 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 all costs in connection with operation, repair, maintenance, overhead, depreciation, and profit. 41. EXTENSION OF CONTRACT TIMES. (a) DELAYS CAUSED OTHER THAN BY WEATHER. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the City, or of a separate contractor employed by the City; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's reasonable control that the Engineer determines may justify delay, excluding the occurrence of unusually severe weather at the Site, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer may determine, if such adjustment is essential to the Contractor's ability to complete the Work within the Contract Times. Notwithstanding the foregoing, the Contractor acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay: (1) is not cased, could not have been reasonably anticipated and mitigated, by the Contractor; and (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay. If the delay is due to causes beyond the reasonable control of the City, an extension of the Contract Times shall be the Contractor's sole and exclusive remedy for the delay. (b) DELAYS CAUSED BY WEATHER. i. The Contract Times may be extended by Change Order due to the occurrence of unusually severe weather if the Engineer determines that the following conditions have been satisfied: 1. The weather experienced at the project Site during the Contract period must be found to be unusually severe, as evidenced by weather that is more severe than the adverse weather anticipated at the Site during any given month; and 2. The unusually severe weather must actually cause a delay to the completion of the Work. The delay must be beyond the control and without the fault or negligence of the Contractor. ii. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project Site and will constitute the baseline for the Engineer's monthly evaluations of the Contractor's entitlement to an extension of the Contract Times under this Section. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities for the duration of the Work. GC-14 MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON FIVE-DAY WORK WEEK* Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec (10) (6) (4) (5) (5) (6) (5) (4) (5) (4) (3) (7) iii. Upon acknowledgment of the Notice to Proceed and continuing throughout the duration of the Contract, the Contractor shall record daily the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical path activities for fifty percent (50%) or more of the Contractor's scheduled work day. On or before the 10`s day of each month, the Contractor shall provide the Engineer with written report of its proposed dates of actual adverse weather delay days for prior month. The report shall: (1) list the number of actual adverse weather delay days and include days impacted by actual adverse weather (even if such adverse weather occurred in previous month); (2) be calculated chronologically from the first to the last day of each month, and be recorded as full days; and (3) include documentation and all details reasonably available to demonstrate the nature and duration of the delays and their effect on the critical path activities. If the number of actual adverse weather delay days exceeds the number of days anticipated in subsection (b) above, the Engineer will convert any qualifying delays to calendar days and the Contract Time shall be extended by Change Order. After the original Contract Times have expired, adverse weather that causes delay to the completion of the Work will be granted day-for-day without deducting anticipated adverse weather delay days and will be converted from work days to calendar days. iv. Monthly anticipated weather delay days shall be adjusted proportionally if Work is scheduled to be performed greater than or less than five (5) days during any work week. The following formula shall be used to adjust the monthly anticipated weather delays: Adjusted monthly anticipated weather delays = A multiplied by (B divided by C); where A = The monthly anticipated adverse weather delay for a particular month based on a five-day work week. B = The actual average number of days work is scheduled to be performed in a work week during that particular month. C = The number five (5). Example - If the monthly anticipated adverse weather delay for January based on a five day work week is 10 days, but the Contractor actually scheduled an average of a 6-day work week for that month, the monthly anticipated weather delay would be adjusted by applying the above formula as follows: 10 x (6/5) = 12 days. Monthly anticipated weather delay days shall also be adjusted proportionally for those situations involving a fractional part of a month. The following formula shall be used to adjust the monthly anticipated weather delays: Adjusted monthly anticipated weather delays = D multiplied by(E divided by F); where GC-15 D =The monthly anticipated adverse weather delay for a particular month. E = The number of calendar days during that fractional part of a particular month. F= The number of calendar days in that particular month. Example - The monthly anticipated adverse weather delay for the particular month is 9 days. The original contract completion date is on the 20th day of a 30-day month. The monthly anticipated adverse weather delay would be adjusted by applying the above formula as follows: 9 x (20/30) = 6 days. 42. LIQUIDATED DAMAGES. In the event the Contractor shall fail to complete any portion of the Work within the applicable Contract Times, then the City shall be entitled to deduct liquidated damages, in the amount set forth in the Contract, from any sum or sums due the Contractor in final settlement between the parties. In addition, the Contractor shall be held liable for and shall pay the wages of the Inspectors on the Work after said time limit has expired, which wages shall be deducted from any amount found to be due the Contractor on such final settlement. Nothing herein contained shall be deemed to be a waiver of the right of the City to insist upon the timely performance of the Contract, or to prevent the City from looking to the sureties of the Contractor for any and all damages caused by any such delay, or as a consent to or waiver of any abandonment of the said Work by the Contractor, either before or after the date fixed by completion. 43. ALTERNATES. To receive consideration for any proposed alternate for material, equipment, or item specified in the Contract Documents, the Contractor shall submit a full description of the proposed alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the purpose of evaluation and approval. 44. CERTIFICATES OF COMPLETION. (a) SUBSTANTIAL COMPLETION. When the Contractor considers the entire Work ready for its intended use, the Contractor shall notify the City and Engineer in writing that the entire Work is substantially complete and request that the Engineer issue a certificate of Substantial Completion. If the Engineer considers the Work substantially complete, the Engineer will execute and deliver a certificate of Substantial Completion, which shall fix the date of Substantial Completion and shall be accompanied by an attached "punch list" of items to be completed or corrected before the Work is deemed completed and ready for final payment. The certificate of Substantial Completion shall also provide for the division of responsibilities, pending final payment to the Contractor, with respect to security, operation, safety, and protection of the Work, maintenance, utilities, insurance, and warranties and guarantees. (b) FINAL COMPLETION. After the issuance of a certificate of Substantial Completion, and upon written notice from the Contractor that the entire Work is completed and ready for final payment, the Engineer will promptly make a final inspection. If the Contractor has, in the opinion of the Engineer, satisfactorily completed the Work, including all punch list items, the Engineer will execute and GC-16 deliver a certificate of final completion, which shall fix the date of final completion and readiness for final payment. The final completion date will also serve as the commencement date for the two-year warranty period pursuant to Section 46 below. 45. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD. If within two years after final acceptance (as indicated on the Certificate of Completion provided pursuant to Section 45 above) of the Work as a whole, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions: (a) Correct such defective Work; or (b) Repair such defective land or areas; or (c) If the defective Work has been rejected by the City, remove it from the Site and replace it with Work that is not defective; and satisfactorily correct or repair, or remove and replace, any damage to other Work, to the work of others, or other land or areas resulting therefrom. If the Contractor does not promptly comply with the terms of the City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by the Contractor. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this section, the warranty period hereunder with respect to such Work will be extended for an additional period of two years after such correction or removal and replacement has been satisfactorily completed. The Contractor's obligations under this section are in addition to any other obligation or warranty, and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations or repose. 46. 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. GC-17 GENERAL CLAUSES - SCHEDULE A INSURANCE REQUIREMENTS (Demolition Services) Pursuant to Section 6 of the Contract and Section 6 of the General Clauses, the Contractor shall obtain, pay for, and maintain—and shall require each of its authorized subcontractors to obtain and maintain — for the duration of the Contract, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of any workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and, with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Contract, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Contract. D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage Requirements. A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form 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 51,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability 51,000,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Contract. B. 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 GC-18 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 C. 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) o Statutory • Employer's Liability (Coverage Part B) o SI00,000 each accident o S500,000 disease—policy limit o $100,000 disease—each employee D. Contractor's Pollution Liability. The Contractor shall maintain Pollution Liability insurance covering liability arising from Bodily Injury, Property Damage, Environmental Damage/Clean-up Cost, and Emergency Response Expense. The policy may be written on an occurrence or claims-made form, with limits of insurance not less than: • Each occurrence S 1,000,000 • General aggregate 52,000,000 The policy shall include coverage for contractual liability, and shall apply to claims arising out of the liability of subcontractors, transit exposure, and non-owned disposal sites. E. Commercial Excess/Umbrella Liability (`'CEL"). The Contractor shall maintain CEL coverage, written on a follow form basis, covering liability in excess of the Contractor's underlying Commercial General Liability, Business Automobile Liability, and Employer's Liability policies. The CEL coverage shall be no less broad than the underlying coverage forms, and the maximum self-insured retention under the policy shall be S25,000 for each occurrence. The policy limits shall not be less than the following: • Each occurrence S1,000,000 • General aggregate S1,000,000 GC-19 IMWEONYM ACORD CERTIFICATE OF LIABILITY INSURANCE 012 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 POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: 11 the certificate holder is an ADDITIONAL INSURED, the policyfes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY PANE: CLIENT CONTACT CENTER HOME OFFICE: P.O.BOX 328 vA C,No,Eat):888-333-4949 HONE FAX No):507-A4c Y'64 CWATONN0.MN 55060 ADDRESS:CLI ENTCONTACTCENTER(o1FEDINS.COM INSURERISI AFFORDING COVERAGE NAIC INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 235-481-9 INSURER B: TRR INC,T&R DIRT CONSTRUCTION,AMERICAN ROLL-OFF SERVICES INSURER C: 1334A N OHIO ST SALINA,KS 67401-2405 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:56 REVISION NUMBER:2 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 TYPE OF INSURANCE ADDL SUBR POUCY EFF POLICY EXP LTR INSR NIT POUCY NUMBER (MMIPPIYYYY) IMMIDDIYYYY) UNITS X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE 51,000,000 CLAIMS-MADE n OCCUR DAMAGE TO RENTED $700000 PREMISES ifsENTEDal MED EXP(My one Merton) EXCLUDED A Y Y 6062489 01/07/2019 01/07/2020 PERSONAL 6 ADV INJURY $1,000,000 GEN1 AGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE PRO- �j $2,000,000$2,000,000� X POUCY JECT I I LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: AUTOMOBILE UABILITY COMBINED SINGLE UNIT $1,000,000 (Fa accident) X MY AUTO person) SCHEDULED INJURY(Per pton) A OWNED AUTOS ONLY I ' Y Y 6062489 01/072019 01/07/2020 BODILY INJURY(Per.want) HIRED AUTOS ONLY H NON-OWNED PROPERTY DAMAGE AUTOS ONLY IPtr acddm5 X UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $2,000,000 A EXCESS LIAB I CLAIMS-MADE Y Y 6062490 01/072019 01/07/2020 AGGREGATE 52,000000 DED I RETENTION WORKERS COMPENSATION X PER STATUTE ER AND EMPLOYERS'LIABILITY Y I N MY PROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT 5500,000 A OFFICER/MEMBER EXCLUDED? NSA N 6062491 01/07/2019 01/07/2020 (Mandatory In NH) E.L DISEASE EA EMPLOYEE $500000 II yes,desalt*Wer DESCRIPTION OF OPERATIONS below E.L DISEASEPOLICY UNIT SSpp 000 POLLUTION LIABILITY N N 6089737 01/07/2019 01/07/2020 EA POLL INCIDENT $1,000,000 A AGOREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Mditonal Remarks Schedule,may be attached II more apaa IS required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 235-481-9 56 2 CITY OF SAUNA DEPARTMENT OF COMMUNITY SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE &DEVELOPMENT SRVC BUILDING SRVC DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN 300 W ASH ST RM 205 ACCORDANCE WITH THE POUCY PROVISIONS. SAUNA, KS 67401-2335 AUTHORIZED REPRESENTATIVE�AA1G O 1988-2015 ACORD CORPORATION.AD rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD IIIICI AGENCY CUSTOMER ID: 235-481-9 LOC#: ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY TRR INC,T&R DIRT CONSTRUCTION,AMERICAN ROLL-OFF SERVICES POLICY NUMBER 13344 N OHIO ST SEE CERTIFICATE#562 SALINA,KS 67401-2405 CARRIER NAIC CODE SEE CERTIFICATE#562 EFFECTIVE DATE:SEE CERTIFICATE#56.2 ADDITIONAL REMARKS iTHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CFRTIFICATE OF LIABILITY INSURANCE PROJECT NO. DS 18-0001 DEMOLITION OF DANGEROUS RESIDENTIAL STRUCTURES ADDITIONAL INSURED INCLUDES CITY OF SALINA, ITS AGENTS, REPRESENTATIVES, OFFICERS, OFFICIALS, AND EMPLOYEES THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. COMMERCIAL UMBRELLA FOLLOWS FORM ACCORDING TO THE TERMS, CONDITIONS, AND ENDORSEMENTS FOUND IN THE COMMERCIAL UMBRELLA POLICY. GENERAL LIABILITY COVERAGE CONTAINS CG 25 03 DESIGNATED CONSTRUCTION GENERAL AGGREGATE LIMIT ENDORSEMENT APPLICABLE TO EACH CONSTRUCTION PROJECT AS REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT. ACORD 101 (2008/01) 0 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto"with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto"you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos' unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "loss" which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number. 6062489 Transaction Effective Date:01-07-2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-128 (03-03) Policy Number: 6062489 Transaction Effective Date:01-07-2019 FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. It is agreed that the insurance provided by any additional insured endorsement is primary when primary coverage is required in a written contract. We will not seek contribution from any insurer when insurance on a non- contributing basis is required in a written contract. For coverage to apply, the written contract must have been executed prior to the occurrence of "loss". Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-129 (10-13) Policy Number: 6062489 Transaction Effective Date:01-07-2019 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract Condition and supersedes any provision to the or agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 04 13 Policy Number. 6062489 Transaction Effective Date: 01-07-2019 • COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract 1. "Bodily or agreement that such person or organization be injury", "property damage" or added as an additional insured on your policy. Personal and advertising injury" arising out Such person or organization is an additional of the rendering of, or the failure to render, insured only with respect to liability for "bodily any professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, the additional insured. inspection, architectural or engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence" which caused the required by the contract or agreement to "bodily injury" or "property damage", or the provide for such additional insured. offense which caused the "personal and A person's or organization's status as an advertising injury", involved the rendering of or additional insured under this endorsement ends the failure to render any professional when your operations for that additional insured architectural, engineering or surveying services. are completed. © Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 33 04 13 Policy Number. 6062489 Transaction Effective Date: 01-07-2019 2. "Bodily injury" or "property damage" C. With respect to the insurance afforded to these occurring after: additional insureds, the following is added to a. All work, including materials, parts or Section III - Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or 2. Available under the applicable Limits of b. That portion of "your work" out of which Insurance shown in the Declarations; the injury or damage arises has been put to its intended use by any person or whichever is less. organization other than another contractor This endorsement shall not increase the or subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 04 13 Policy Number. 6062489 Transaction Effective Date:01-07-2019 FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard", except when the payments result from the sole negligence of that person or organization. We waive this right only when you are required to do so by written contract or agreement with that person or organization, executed by you prior to the occurrence of any loss. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG-F-81 (04-13) Policy Number. 6062489 Transaction Effective Date: 01-07-2019 APPENDIX I PHOTOS OF PROPERTIES 1819 N 5th • r..r.4 V i . , . -lb.'-..,,',,, . f .u_1' i -~ •�i - - 4 - pi t � r tR. IC-Ali :-.1.--'1—!"\S',- 1---- i,7 .„,....... . .,. ,......_..,.. _ ...... ,...,_„,. . . . , , ._ ,a,....„, .., . ..„... ,, „, 4,. ......, _. .... • • ' .'::::.._.-41 . ' it ...111114- IIII 1 �r. 4 • LI% ilia-i'\\\,. a,..; '' g mg r, 1 t J 1 , ._ _ ir it,- • ,-..i.w....- - „,:x-._. r a V 1 . 4_,' . .w I11 A-1 . • rill • . • \ +14e: ' ':V , •°4, , '1" ii. 1 1 lik 4 • $ 'i' . • .. ":.'•.-7 "\ . 1 .- 4r. 1 1 ' .A Ilksv!° .pr• ,\ V.'v .: .111111 'I , :.1.1gik..,....• .. .. , . . A ..r...'. f ,. Al I l!,, ._ 1.. . •, . _ -ril. .......... Olik _,— -• ...., •, ie• ' - l'11'' , 1 )4,. /10" • ....... 4 r , ....4 .0 • - • ..--•• t , ..' WI ., I ,--- * '-‘aillt. 't. I 1 , .. . . ._ ,.: , r r 1 r /1 4. . . • 11 ...,..1. • , •i 1 { . . I. 1 .. , . 40 _ .". 31IN4' r ,, , ' 1 M ..Cii'.• .:1944.......illiii", t..) ...- e'l it. /1 ,S1,64,...'-'r• :;`-- , Illr . r low ammo 0., , 'is. -1•-• ..t 0. 16. . •I., • 1 -I ' 11‘ I i • ! "PP • ..... ..- . . , . .— , 6 — :.7.2'14 '•%, 0 1.1 ', . i • .. I 1. i I ' ‘_. ' 4 . ' ...L'..'.1i... vll 4 ! 1 li 4 . . ....... . • .. . 44; -,. " - 7 1 41,111Allir I 1 . -I. . r 4 0,40 , 7P,' , '44.! A I i �.,,,j1.44 4., ....._...t a„, ,.1 - 6.040.0, Aisle r. Of ;& , i42 OPl 111 iliri '"VIP, k 4-11, It . i ( , , .. p".... .,..istibili, ,,i I t 11 1 ..-..- ...WWI Li gii rC, . . Pi _ Jr 4111111177 0 ' •,, !- _ %' t-1:1:a.k - _, ,. c , . � I ri i , ' trr'; ,,,-' ,-I . _ l { err.,lib 111-11, ..,,,,...." ...." !1) _ I+• ; 1 • r .4 • , / Ir. ' : 245 Baker .4•, r - .' .__ -. ,� yy to - 4. 'f7 y!"� 4 fa y • .A1 -. - - _ - - — _ = __ AA -db. r - 4101.... - - Jun • f 1 i 1T' o. 7 1 17 (r r 3. ' �' f .."1.11-111• 9, 20117. 1:1$ PM A-4