Midwest Siding, Inc. Contract - Repairs to General Services Building CONTRACT BETWEEN THE CITY OF SALINA,KANSAS
and
Midwest Siding,Incorporated
for
Repairs to General Services Building
This Contract is entered into October2019 by and between the City of Salina,Kansas(the"City"),and Midwest
Siding,Incorporated,a Kansas corporation( e"Contractor").
Recitals
A. The City desires to contract for certain repairs at the City's General Services Building, located at 412 E. Ash St.,
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:
Scope of Work and Specifications
General Clauses
Performance Bond FI
Payment Bond
Notice to Proceed(to be issued)
Certificate of Completion(to be issued)
VIJ
Other El
There are no Contract Documents other than those above listed.
3. Res nsibilities and Representations of the Parties.
3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Scope of Work and
Specifications,attached as Exhibit A hereto,in accordance with the General Clauses,attached as Exhibit B hereto.
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 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. Contract Times. The Contractor shall commence performance of the Work upon receipt of written
direction to proceed from the City. ,,V Work will be completed and ready for final payment,in accordance with the General
Clauses,on or beforee�sr1 . � , -OW,Zo G.V.
5. Payment. The City agrees to compensate the Contractor on a lump sum basis, for a not-to-exceed Contract Price
amount of$19,689.00,with a single lump sum payment upon the satisfactory completion of all Work in accordance with the
Contract Documents, including the Contractor's responsibilities set forth in Exhibit A. All of the Contractor's costs and
expenses,including employee salaries,overhead,other direct costs, subcontract expenses,and profit are included in the lump
sum amount, and the City shall not be obligated to reimburse the Contractor for costs or expenses in excess of the total lump
sum amount. The parties acknowledge and agree that the Contract Price was established on the basis of the parties' mutual
understanding that the Project will be entitled to an exemption from Kansas retailers' sales tax on tangible personal property
or services to be incorporated in to the Work, and that the City will provide the Contractor with a project exemption
certificate to be used by the Contractor for the sales of tangible personal property to or services purchased by the Contractor
for the Work. Consequently,sales tax shall not be included in the Contract Price.
6. Insurance RequirementL
6.1. T es and Amount of Cover e. 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. Imo.All insurance policies shall be issued by insurance companies rated no less than A-VII in the most
recent"Bests'insurance guide,and admitted in the State of Kansas. Except as otherwise specified in the General Clauses,all
such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance
involved.
6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a
certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements
in this Contract. The City reserves the right to require complete certified copies of all insurance policies procured by the
Contractor pursuant to this Contract,including any and all endorsements affecting the coverage required hereunder.
7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)
or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall
immediately notify the City's Risk Management Department at(785) 309-5705 in the event of such injury to person(s) or
damage to property.
8. Indemnification. To the fullest extent permitted by law,the Contractor shall defend, indemnify and hold harmless
the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and
expenses(including but not limited to attorney fees and court costs)attributable to bodily injury, sickness, 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, negligent acts,
errors, 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.
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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 Clerk
Attn:Troy Reinert,Facilities Operations Manager
P.O.Box 736
Salina,KS 67402-0736
CONTRACTOR: Midwest Siding,Incorporated
Attn:Grant Warhurst
4240 W.State St.
Salina,KS 67401
14. Retention and Insipection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable
records with respect to all costs and expenses incurred under this Contract. The records shall be maintained during the term
of this Contract, and for a period of three (3) years from the date of final payment under this Contract (the "Retention
Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention
Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely
terminated or resolved, without right of further appeal. During the Retention Period, the Contractor shall allow a
representative of the City during normal business hours to examine,audit,and make transcripts or copies of such records and
any other documents created pursuant to, or arising under, this Contract. The City agrees to responsibly utilize all
information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and
amount of all costs and expenses incurred under this Contract. The City agrees to take reasonable precautions not to disclose
such information outside the scope of those stated purposes,subject to the Kansas open records act or other applicable law.
15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal
year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City,it is subject to
annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate
the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City shall so notify the other
parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s)affected by the decision of
the governing body not to appropriate.
16. Relationship. It is expressly understood that Contractor in performing services under this Contract, does so as an
independent contractor. The City shall neither have nor exercise any control or direction over the methods by which
Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the 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 pians,
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 A licable Law.
Contractor shall comply with all applicable federal,state,and local law in the performance of this Contract.
19. EnualOpportunft.
(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:
3
(1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina
Code and in doing so shall not discriminate against any person in the performance of work under this Contract
because of race,sex,religion,age,color,national origin,ancestry or disability;
(2) The Contractor shall include in all solicitations, or advertisements for employees,the phrase "equal opportunity
employer,"or a similar phrase to be approved by the city's human relations director;
(3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights
commission in accordance with the provisions of K S.A.44-1031 and amendments thereto,the Contractor shall be
deemed to have breached this Contract and it may be canceled,terminated or suspended, in whole or in part,by
the City;
(4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina human relations commission or the Kansas human rights
commission which has become final,the Contractor shall be deemed to have breached this Contract and it may be
canceled,terminated or suspended,in whole or in part,by the City;
(5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of
this Contract because of race,sex,religion,age,color,national origin,ancestry or disability;and
(6) The Contractor shall include similar provisions in any subcontract under this Contract.
(b) The provisions of this section shall not apply to this Contract if the Contractor:
(1) Employs fewer than four employees during the term of this Contract;or
(2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year.
20. Administration of Contract. All references in this Contract requiring the City's participation or approval shall mean
the participation or approval of the City Manager or his designee,unless otherwise provided herein.
21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in
such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to
any other amounts to which it may be entitled.
22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Contract
reviewed by legal counsel of the Contractor's choice.
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
per`
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 pm.of the next full business day.
26. Severabili The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other
provisions unenforceable,invalid,or illegal.
27. An
hRr&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.
4
2& 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 petty hereto to insist on the strict performance of any term of this Contract, or to
exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of
such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract,but each and every term
of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding
arbitration.
33. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this
Contract. There are no intended third party beneficiaries under this Contract,and no third parties shall have any rights or make
any claims hereunder.
34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached shall supersede
all conflicting printed.provisions.
35. Feminine-Masculine,Singular-Plural.
Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders.
36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall
not affect the interpretation of any provision hereof.
37. Memrger 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 alt parties and attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized
representatives.
CITY OWSALS,
By:
ty Manager
Attest:
Shand!Wicks,CMC,City Clerk
MIDWEST SIDING,INCORPORA D
By:
t dt/ (name)
r e (title)
5
EXHIBIT A
SCOPE OF WORK AND SPECIFICATIONS
In accordance with the provisions of the Contract Documents, the Contractor shall furnish all
labor, equipment, accessories and material and shall perform all work necessary to complete the repairs
at the General Services Building, located at 412 E. Ash St., Salina, Kansas, as more fully set forth in
the Contractor's attached proposal.
EXHIBIT B
GENERAL CLAUSES
SIDING
_ rG � ssillel�. �.
1550 S. Broadway
= Salina,Ks.67401
25.5576—Fax 785.825.6662
Nil
midwestsidinwatt„net
Ks.Lic. #13-116408
cover exposed wood fascia and soft with 24 gauge steel fascia$2,032.00
Remove and replace existing gutter and downs with 24 gauge seamless 7” gutter and
4x5" box downspouts $2,377.00
Cut back roof and install new 7" gutter and downs on south side of building included in
this price is the installation of closures under gutter to prevent the harboring of birds or insects
created by the void in the wall panels $3,250.00
Siding above door on east end of building$695,00
Garage door wraps on south side of building including new drip header and vertical trim
where damaged. $4,970.00
New corner on south west corner$315.00
Custom wall panel repair$5600.00
New PBU panels under windows on west side $450,00
The above prices do not include applicable sales tax.
Thank you.
Grant Warhurst.
GENERAL CLAUSES
TABLE OF CONTENTS
1. APPLICATION--------------------------------—------—--------------.-----------------------------GC-1
2. DEFINITIONS-----------------------------------------------------------------------------------GC-1
a. Bid----------------------------------------------------------------------------------------------GC-1
b. Bidder---------------------------------------------------------------------------------------GC-1
c. Change Order----------------._._---------------------------------------------------------------GC-1
d. City-----------------------------------------------------------------------------------------GC-2
e. Contract---------------------------------------------—------—--------------—------—------------GC-2
f. Contract Documents------------------------------------------------------------------------GC-2
g. Contract Price--------------------------------------------------------------------------------GC-2
h. Contract Times ---------------------—--------------—----------------------—-------------------GC-2
i. Contractor-------------------------------------------------------------------------------------GC-2
j. Drawings—-------------------------------------------------_---___---------------------------GC-2
k. Engineer--------------------------------------------------------------------------------------GC-2
1. Inspector—------------------------------_------------------------------------------__—___--_—_--GC-2
m. Milestone----------------------------------------------------------------------------------GC-2
n. Notice to Proceed --_—_..______, ______ _______—____------------—------------------_-------GC-2
o. Site-------------------------------------------------------------------------------------------GC-2
p. Specifications---------------------------------------------------------------------------------GC-3
q. Standard Specifications and Test Methods--------------------------------------------------GC-3
r. Substantial Completion ---------------------------------------------------------------------GC-3
s. Work-----------------------------------------------------------------------------------------GC-3
3. TERMINOLOGY —------—--------------—-------------—------_------ --------------_------—----GC-3
a. Day -----------------------------------------------------------------------------------------GC-3
b. Defective--------—-----------------—_--------------------------—------—------—-------..----------GC-3
c. Furnish --------------—--------------—----—--------—------—----------------------------------GC-3
d. Install------------------------------—------—------------—------—------—------—-------------GC-4
e. Perform; Provide------------------------------------------------------------------------GC-4
4. COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED-----------------GC-4
5. BONDS ----------------_-------------------------------------------------------------------------------GC-4
a. Performance Bond------------------------------------------------------------------------GC-4
b. Statutory Bond------------------------------------------------------------------------------GC-4
6. INSURANCE REQUIREMENTS---------------------------------------------------------------GC-4
7. PATENTED DEVICES AND PROCESSES------------------------------------------------GC-5
8. WATER, GAS AND ELECTRICITY-------------------------------------------------------GC-5
Revised 1-2-15 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-ll
29. APPROVAL OF SUBCONTRACTORS-----------------------------------------------------GC-11
30. RESPONSIBILITY OF THE ENGINEER--------------------------------------------------GC-1 I
Revised 1-2-15 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 PROTECT SITE--------------------------------------------------------GC-19
48. SCHEDULE A -INSURANCE REQUIREMENTS --------—------—------------------------GC-21
Revised 1-2-15 GC-C
Revised 1-2-15 GC-D
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
1. APPLICATION.
These General Clauses are a part of the Contract Documents and shall be binding upon all
parties, except for the parts obviously not applicable to the particular Contract, or if specifically
revised,modified or supplemented by the technical Specifications, 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
Revised 1-11-18 GC-1
through legally authorized officials.
(e) CONTRACT. The written agreement covering the performance of the Work.
(f) 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.
�) 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 consulting engineer.
(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
Revised 1-11-18 GC-2
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
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,
Revised 1-11-18 GC-3
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
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 famished 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.
Revised 1.11-18 GC4
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
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
Revised 1-11-18 GC-5
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.
(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
Revised 1-11-18 GC-6
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.
M PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on
public property, such as fences, small buildings, or similar obstructions, will be
removed by their respective owners upon notification from the City. Should
progress of the Work be unduly delayed through such procedure, the Contractor
may remove, relocate, or reconstruct portions of fences at the Contractor's own
responsibility and expense, or by separate negotiation with the respective owner.
12. SALVAGED MATERIALS.
All salvaged materials not the property of other parties or required for new construction
shall remain the property of the City. The Contractor shall handle, transport, and store such
salvaged materials at designated points or locations at no additional cost to the City. The
Contractor shall be responsible for the care and protection of such materials until delivered to the
designated location; and the Contractor shall make good any losses occasioned by damage, theft,
or misappropriation while the materials are on the work site or in route to the place of storage.
13. MATERIALS FURNISHED BY CITY.
All materials, supplies, or equipment furnished by the City for incorporation in the Work
shall be handled and transported by the Contractor at the Contractor's expense from cars,
warehouses, or yards where received or stored by the City. The Contractor shall include in the
Contract Price or prices all costs in connection with handling, sorting,protecting,and installing all
such materials, supplies, or equipment furnished by the City, and shall make good all losses and
breakage due to carelessness or negligence while same are in the Contractor's possession.
14. BARRIERS AND LIGHTS.
As required to prevent accidents to the general public and to workers,the Contractor shall
provide all materials and labor to erect and maintain fences, barriers, barricades, and warning
signs;provide and maintain flares, lanterns, and lights.
15. RESPONSIBILITY FOR PROPERTY DAMAGE.
The Contractor shall make payment for all damage to buildings, structures, trees,
shrubbery, or other property located outside the construction limits, or located within those limits
but not designated for removal or reconstruction, providing such damage shall result from the
wrongful acts, errors, mistakes, omissions, or defective Work or services of the Contractor, its
employees,agents,or any tier of subcontractors in the performance of the Work.
16. PUBLIC CONVENIENCE.
During the progress of the Work,the convenience of the local public and of residents along
the Work shall be considered and, where possible, their rights of access shall be preserved.
Revised 1-11-18 GC-7
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.
17. QUALITY OF MATERIALS AND EQUIPMENT.
Al l 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.
18. 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.
19. 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 (S) feet of
any of them without specific permission of the Engineer or Inspector.
20. 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.
21. SPECIAL CONSTRUCTION METHODS.
Revised 1-11-18 GC-8
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.
22. SHOP AND ERECTION DRAWINGS.
The Contractor shall furnish and submit for review to the Engineer six copies of all shop
and erection drawings for structural and reinforcing steel, special drawings, and layouts for
equipment or machinery to be furnished under the Contract, and any similar or supplemental
drawings required for prosecution of the Work. The Engineer's approval of such drawings or
schedules shall not relieve the Contractor from responsibility for deviation from Drawings or
Specifications,nor shall it relieve the Contractor from responsibility for errors of any sort in shop
drawings or schedules.
23. REPRESENTATION.
The Contractor shall be represented on the Work at all times by a competent
superintendent, satisfactory to the Engineer or Inspector and capable of reading and understanding
the Drawings and Specifications. The superintendent shall have full authority to employ required
workers, order materials, arrange for construction equipment, and otherwise represent or act on
behalf of the Contractor; any direction given to the superintendent by the Engineer or Inspector
shall be as binding as if given to the Contractor.
24. COOPERATION.
The Contractor shall give to the Work the constant attention necessary to facilitate the
progress and shall cooperate in every possible way with the Engineer or his Inspectors,with the
City,and with other contractors or constructors concerned in the Work. The Contractor shall pian
and schedule the Work to the mutual benefit of all interested parties and shall perform the Work
in accordance with the agreed schedule. In case of controversy, the Engineer will allocate the
Work and designate the sequence in which it shall be performed. The Contractor shall accept and
fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to
comply with such instructions shall be considered as sufficient cause for termination of the
Contract by the City.
25. INCIDENTAL WORK.
All Work to be done by the Contractor as shown on the Drawings and described in the
Specifications, including any and all minor details not specifically shown or described but
obviously essential to the proper completion of the Work,shall be considered as subsidiary to,and
included with,the Work for which prices are named in the Contract Documents. The Contractor
shall not be entitled to any extra or additional compensation for such incidental Work unless
otherwise specified.
Revised 1-11-18 GC-9
26. FINAL CLEANUP.
Immediately upon completion of the Work or any usable unit,the Contractor shall remove
all surplus or unused materials from the vicinity of the Work, leaving the entire site in a clean,
sightly,and pleasing condition,conforming to the grades and contours shown on the Drawings or
designated by the Inspector.
27. RESPONSIBILITIES OF THE CONTRACTOR.
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 sale 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
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.
28. 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.
Revised 1-11-18 GC-10
29. APPROVAL OF SUBCONTRACTORS.
The Contractor shall file with the City and the Engineer the names of all subcontractors to
whore 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.
30. RESPONSIBILITY OF THE ENGINEER.
The findings and determinations of the Engineer on all questions pertaining to materials
and workmanship or as to interpretation of the Drawings and Specifications shall be final and
binding on all parties to the Contract.
31. INTERPRETATION OF CONTRACT DOCUMENTS.
The Contract Documents are complementary, and what is called for by one shall be as
binding as though called for by all. In case of actual or alleged disagreement or discrepancy
between the Contract and the Drawings or Specifications, the language and provisions of the
Contract shall take precedence and prevail; if between the Drawings and Specifications, the
Engineer will determine in each case whether the Drawings or Specifications shall rule and govern.
32. INSPECTION.
The Inspector shall inspect all materials to be incorporated, construction equipment to be
used, and all Work to be performed under the Contract. Such inspection shall extend to any and
all parts of the Work and to the preparation or production of all materials to be incorporated. All
sampling of Work shall be done by,or in the presence of,the Engineer or his representatives. The
Inspector will conduct field tests on Work and materials whose physical characteristics and general
suitability may be determined under such procedures. Inspectors shall have the authority to reject
defective materials,to delay the respective construction while the suitability of materials is being
determined or while equipment is being adjusted or calibrated, and to suspend operations on any
part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate
from or to relax the Specifications without written permission of the Engineer or to delay the Work
by failing to inspect or field test any of the Work and materials with reasonable promptness.
The Inspector will maintain a project record showing the chronological sequence of
progress, and will prepare such progress reports as required during construction and at monthly
intervals will prepare,and submit to the City,periodic payment estimates based on the amount and
value of all Work performed to date by the Contractor.
33. WORK AFFECTED BY WEATHER.
The Inspector may order such parts of the Work suspended should the weather or season
be such that any part of the Work cannot be done properly and with due regard to durability,finish,
or appearance. The Contractor may be required to protect the several parts of exposed Work from
damage by the elements or other causes.
34. CONTROL AND REGULATION OF WORK.
Revised 1-11-18 GC-11
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.
35. 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.
36. 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 ofthe 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 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.
37. 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 udder order from any court or other public authority; or if the Engineer faits 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.
Revised 1-11-18 GC-12
38. 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.
39. CITY'S RIGHT TO TERMINATE CONTRACT.
(a) The occurrence of any one or more of the following events will justify termination
for cause:
L The Contractor's persistent failure to perform the Work in accordance with
the Contract Documents (including, but not limited to, failure to supply
sufficient skilled workers or suitable materials or equipment);
ii. The Contractors persistent disregard of laws, ordinances, or regulations, or
the directions of the Engineer; or
iii. The Contractor's violation in any substantial way of any provisions of the
Contract Documents.
(b) If one or more of the events identified in Section 39(a)above occur,the City may,
after giving the Contractor and its surety ten(10)days written notice of its intent to
terminate the services of the Contractor,terminate the Contract or the Contractor's
right to complete the Contract, and:
i. Exclude the Contractor from the Site, and take possession of the Work and
of all the Contractor's tools, appliances, construction equipment, and
machinery at the Site,and use the same to the full extent they could be used
by the Contractor (without liability to the Contractor for trespass or
conversion);
ii. Incorporate in the Work all materials and equipment stored at the Site or for
which the City has paid the Contractor but which are stored elsewhere; and
iii. Complete the Work as the City may deem expedient.
(c) If the City proceeds as provided in subsection (b) above, the Contractor shall not
be entitled to receive any further payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims,costs,losses,and damages
(including but not limited to all fees and charges of engineers,architects, attorneys,
and other professionals and all court costs) sustained by the City arising out of or
relating to completing the Work,such excess will be paid to the Contractor. If such
claims,costs,losses,and damages exceed such unpaid balance,the Contractor shall
pay the difference to the City. When exercising any rights or remedies under this
Revised 1-11-18 GC-13
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.
40. 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.
41. FORCE ACCOUNT.
Where it is specified, or agreed during the course of the Work, that any portion of the
construction shall be done by "force account," the Contractor shall keep an accurate record of all
materials, labor, and equipment used and shall furnish the Inspector a copy of each day's record
within 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
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.
Revised 1-11-18 GC-14
42. 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 AUSED BY WEATHER.
i. The Contract Times may be extended by Change Order due to the occurrence of
unusually severe weather if the Engineer determines that the following conditions
have been satisfied:
1. The weather experienced at the project Site during the Contract period must
be found to be unusually severe,as evidenced by weather that is more severe
than the adverse weather anticipated at the Site during any given month;
and
2. The unusually severe weather must actually cause a delay to the completion
of the Work. The delay must be beyond the control and without the fault or
negligence of the Contractor.
ii. The following schedule of monthly anticipated adverse weather delays is based on
National Oceanic and Atmospheric Administration(NOAA)or similar data for the
project Site and will constitute the baseline for the Engineer's monthly evaluations
of the Contractor's entitlement to an extension of the Contract Times under this
Section. The Contractor's progress schedule must reflect these anticipated adverse
weather delays in all weather dependent activities for the duration of the Work.
MONTHLY ANTICIPATED ADVERSE WEATHER DELAY
WORK DAYS BASED ON FIVE-DAY WORK WEEK*
Jan Feb Mar r May Jun Jul Au S Oct Nov Dec
10 6 4 5 5 6 5 4 5 4 3
iii. Upon acknowledgment of the Notice to Proceed and continuing throughout the
Revised 1-11-18 GC-15
duration of the Contract,the Contractor shall record daily the occurrence of adverse
weather and resultant impact to normally scheduled work. Actual adverse weather
delay days must prevent work on critical path activities for fifty percent (50%) or
more of the Contractor's scheduled work day. On or before the 10th day of each
month,the Contractor shall provide the Engineer with written report of its proposed
dates of actual adverse weather delay days for prior month. The report shall: (1)
list the number of actual adverse weather delay days and include days impacted by
actual adverse weather(even if such adverse weather occurred in previous month);
(2) be calculated chronologically from the first to the last clay 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(615)
= 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: Adjuster] monthly
anticipated weather delays=D multiplied by(E divided by F);where
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.
Revised 1-11-18 GC-16
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(20130)=6 days.
43. 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 Iooking to the sureties of the Contractor for any and all
damages caused by any such delay, or as a consent to or waiver of any abandonment of the said
Work by the Contractor, either before or after the date fixed by completion.
44. ALTERNATES.
To receive consideration for any proposed alternate for material, equipment, or item
specified in the Contract Documents,the Contractor shall submit a full description of the proposed
alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the
purpose of evaluation and approval.
45. CERTIFICATES OF COMPLETION.
(a) SUBSTANTIAL COMPLETION. When the Contractor considers the Work, or a
portion thereof which the City agrees to accept separately, substantially complete,
the Contractor shall notify the City and Engineer in writing that the Work or
designated portion thereof is substantially complete and request that the Engineer
issue a certificate of Substantial Completion. If the Engineer considers the Work
or designated portion thereof substantially complete,the Engineer will execute and
deliver a certificate of Substantial Completion, which shall fix the date of
Substantial Completion and shall be accompanied by an attached "punch list" of
items to be completed or corrected before the Work or designated portion thereof
is deemed completed and ready for final payment. The certificate of Substantial
Completion shall also provide for the division of responsibilities, pending final
payment to the Contractor,with respect to security,operation,safety,and protection
of the Work,maintenance, utilities,insurance, and warranties and guarantees.
(b) FINAL COMPLETION. After the issuance of a certificate of Substantial
Completion, and upon written notice from the Contractor that the entire Work is
completed and ready for final payment, the Engineer will promptly make a final
inspection. If the Contractor has, in the opinion of the Engineer, satisfactorily
completed the Work, including all punch list items,the Engineer will execute and
deliver a certificate of final completion,which shall fix the date of final completion
and readiness for final payment. The final completion date will also serve as the
Revised 1-11-18 GC-17
commencement date for the two-year warranty period pursuant to Section 46
below.
46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD.
If within two years after final acceptance (as indicated on the Certificate of Completion
provided pursuant to Section 45 above)of the Work as a whole,any Work is found to be defective,
or if the repair of any damages to the land or areas made available for Contractor's use is found to
be defective, the Contractor shall promptly, without cost to the City and in accordance with the
City's written instructions:
(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.
47. MAINTENANCE OF PROJECT SITE.
The Contractor shall be responsible for keeping a neat and orderly job site. Locations for
storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover
crops necessary for erosion control shall be kept under 12" in height and trimmed away from
pavements,curbs, and sidewalks. The Contractor shall perform corrective maintenance promptly
upon notification from the Inspector.
Revised 1-11-18 GC-18
Revised 1-11-18 GC-19
GENERAL CLAUSES-SCHEDULE A
INSURANCE REQUIREMENTS
(Construction Services)
Pursuant to Section 6 of the Contract and Section 6 of the General Clauses, the Contractor
shall obtain,pay for,and maintain—and shall require each of its authorized subcontractors to obtain
and maintain — for the duration of the Agreement, policies of insurance meeting the following
requirements:
1. General Requirements.
A. Additional Insured. With the exception of any workers' compensation and
professional liability policies to be obtained by the Contractor hereunder, all policies shall name
the City of Salina ("City"), its agents, representatives, officers, officials, and employees as
additional insured(s). Insurance for the additional insured shall extend to Products/Completed
Operations and be as broad as the insurance for the named insured, including defense expense
coverage, and,with respect to the commercial general liability policy required hereunder, shall be
endorsed to apply as primary and non-contributory insurance before any other insurance or self-
insurance, including any deductible,maintained by, or provided to,the additional insured(s).
B. Waiver of Subro ation. 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. SVecific Coverage Requirements.
A. Commercial General Liabili ("CGL"). The Contractor shall maintain CGL
coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shalt cover
liability arising from Personal Injury,Bodily Injury, Property Damage, Premises and Operations,
Products and Completed Operations, Contractual Liability, Independent Contractors and
Advertising Injury. The policy limits shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate $2,000,000
• Personal and Advertising Liability $1,000,000
Revised 1-11-18 GC-20
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 V BAL"). The Contractor shall maintain BAL
coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable
to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired,
rented or used by the Contractor and include automobiles not owned by but used on behalf of the
Contractor. The BAL policy limits shall not be less than the following:
• Combined single limit $1,000,000
C. Workers' Com ensatian/Em to er's Liabili . 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 $100,000 each accident
a $500,000 disease—policy limit
o $100,000 disease—each employee
Revised 1-11-18 GC-21
ACO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
1210&2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 Amber Bell
NAME:
Assurance Partners PHONE
(800)583-1871 A!C NII: (785)825-5098
201 E Iron Avenue rMAIL abell@yourassurance.com
ADDRESS:
P.O.Box 1213 INSURER(S)AFFORDING COVERAGE NAIC Y
Salina KS 67402-1213 INSURERA: Addison Insurance Company 10324
INSURED INSURER B: Kansas Builders'Insurance Group 0010
Midwest Siding,Ino. INSURER c:
4240 W Stale St INSURER D:
INSURER E;
Salina KS 67401-9557 INSURERF:
COVERAGES CERTIFICATE NUMBER: 19.20 All Lines REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 ALID4 5UUK POLICY EFF POLICYE
LTR TYPE OF INSURANCE POLICYNUMBER MMIDDNYYY) (MMIDUMQM LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
CLAIMS-MADE " OCCUR ISES Ea occurrence $ 100,000
-'
MED EXP(Any one arson $ 5,000
A Y Y 60211855 02/01/2019 02101!2020 PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000
POLICY OC JECTT El LOG PRODUCTS-COMPIOPAGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea sodden
ANYAUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED Y Y 60211655 02/01/2099 02/01/2020 BODILY INJURY(Per accideni) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
S
UMBRELLA LU4B OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEQ I I RETENTION$ $
WORKERS COMPENSATION ^ PER OTH-
Y -
AND EMPLOYERS'LIABILITY STATUTE E
B ANY PROPRIETORIPARTNER/EXECUT[VE 41 NIA 20190011 01/01/2019 01/01/2020 E.L.EACH ACCIDENT $ 100,000
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E,L.DISEASE-EA EMPLOYEE $ 100,000
If yes,describe under 500,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD I D1,Additional Remarks Sahadu[s,may be attached If more apace Is required)
This is a revised certificate and supersedes any previously issued oerUflcate.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City at Salina ACCORDANCE WITH THE POLICY PROVISIONS.
City Clerk's Office
PO BOX 738 AUTHORIZED REPRESENTATIVE
Salida KS 67402-0736
®1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
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