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Midwest Siding Contract - Installation of standing seam metal roofs on various park sheleters and restrooms CONTRACT BETWEEN THE CITY OF SALINA,KANSAS and MIDWEST SIDING for Install Standing Seam Metal Roofs on Various Park Shelters and Restroonts This Contract is entered into January 6, 2020 by and between the City of Salina, Kansas, (the "City") and Midwest Siding,a Kansas For Profit Corporation(the"Contractor"). Recitals A. The City desires to contract for the construction of public improvements described as Installation of standing seam metal roofs on various park shelters and restrooms (the "Project") in compliance with federal, state,and Iocal 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 ap Ip •cable: Request for Bids Instructions to Bidders Bid Form Performance Bond Statutory Payment Bond Specifications Drawings General Clauses Notice to Proceed(to be issued) Certificate of Completion(to be issued) ❑ 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 of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Revised 112115 C-1 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 ISmes. The Work will be substantisily completed, and completed and ready for final payment in accordance with the General Clauses, on or before the dates) or within the time(s) specified in the Contractor's Bid. 4.3. Liouitlated Damases. The parties recognize that the City will suffer financial loss if the Work is not completer)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 is the certificate of Substantial Completion, and fDr 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$1,000,00, ip accordance with the General Clauses. Provided,however,that Contractor shall not be obligated to pay liquidated damages to the City for any day prior to Aprti 6,2020. 5. Payment. The City shall pay the sum or sums due the Contractor,at stated intervals and in the amounts certified by the City Manager, or his designated representative, in accordance with the provisions of the General Clauses and the Contractor's Bid. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in the General Clauses, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in the General Clauses. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2_ Rating.All insurance policies shall be issued by ins imce 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 is 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 Conttact, including any and all endorsements affecting the coverage required hereunder. 7. Ininry to Persons or Damgge 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. & 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 firom and against all claims,damages, losses and expenses(including but not limited to attorney fees and court casts)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,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. Revised 1/2/15 C-2 i 10. Default Sec General Clauses. 11. Remedies. See General Clauses. 12. NE=Asst= Due to fire unique qualifications and capabilities of the Contractor,neither the rights nor responsibilities provided for under this Contract shall be assignable by either patty,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:Chris Cotten 300 W.Ash St.,P.O.Box 736 Salina,KS 674020736 CONTRACTOR:Midwest Siding 1.550 South Broadway Salina,KS 67401 14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Contract. The records shall be maintained during the term of this Contract,and for a period of three(3)years from the date of final payment under Ws 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 narmal 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 casts 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 perforans 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. Subcontracthm See General Clauses. 18. Compliance with Apatieable Law. Contractor shall comply with all applicable federal, state, and local law in the performance of this Contract. Revised 112/15 C-3 19. Equal Oortuni . (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the COntracW 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) 1f 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 sinal, 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 atkmey fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Rig,ht 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., Venae. 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. Revised 1/2/15 C4 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. X Persons Bound. This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors and audionzed assigns of the parties hereto. 29. Counterparts. This Contract may be executed in any number of counterparts,each of which shall be deemed art original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement_ 3D. Amendments.Neither this Canhact 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 of remedy consequent to a breach thereof:,shall constitute a waiver of any breach or any subsequent breach of such temp No waiver of any breach hereunder shall affect or atter 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 Benefieianea. Solely the parties to this Contract shall have rights and may make claims under this Contram There are no intended third party beneficiaries under this Contract,and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions_ 35. Feminine-Masculine,Sirmular-Plural. Wherever used,singular shall inchrde the plural,phrral the singular,and use of any gender shall include all genders. 36. Headines. 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. Mercer 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. IN WITNESS WHEREOF, the parties hereto have caused this Contract to he executed by their authorized representatives. CITY OF SALINA,KANSAS CONTRACTOR 'Trent W.Davis,M.D.,Mayortnf-5, (tide) yy ShandWi ,CMC,City Clerk Form: Le ounsel Revised 112115 C-5 i ,'E I I I I I REQUEST FOR PROPOSALS The City of Salina, Kansas is currently accepting proposals for the installation of Standing Seam Metal Roofs on various park shelters and restrooms located in Salina KS, (Park office is located at 730 Oakdale Dr. Salina, Kansas 67401). Sealed proposals will be accepted, at the office of the City Clerk, City-County Building, 300 West Ash, Room 206 Salina, Kansas, until 10:00 a.m. (CST). Tuesday, October 15,2019. RFP—Install Standing Seam Metal Roofs on Various Park Shelters and Restrooms The specifications and other contract documents are available for public inspection at the office of the Parks and Recreation Department, City-County Building 300 West Ash, Room 100, Salina, Kansas. The documents may be obtained from the office of the Parks and Recreation Department. The City of Salina, Kansas, reserves the right to reject any or all proposals and to waive any irregularities therein. THE CITY OF SALINA, KANSAS Is/ Shandi Wicks CITY CLERK �r CITY OF SALINr4 REQUEST FOR CITY COMMISSION ACTION DATE TIME 11/25/2019 4:00 P Ili. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL NO: ------------------------------ PARKS AND RECREATION BY.- I I VFnn — NCS: 4 FINAL APPROVAL Page I _--— BY: Jeff Hammond BY: �() I ITEM: Accept the bid from Midwest Siding to Install Standing Seam Metal Roofs on Various Park Shelters and Restroorns BACKGROUND: On July 23, 2018 the City Commission adopted Resolution Number 18-7581, which accepted the City of Salina Parks and Recreation Master Plan. On August 19, 2019 the City Commission adopted Resolution Number 19-7730 "showing support for and providing guidance for addressing identified needed improvements in the Parks and Recreation Master Plan". The top priority in the attached priority fist includes replacement of wood support structures and roofing material of park structures. This project partially addresses this item by replacing 15 park structure roofs. The wood support structures in the shelters will be addressed in the future and will be coordinated with concrete repairs. The current condition of the shingle and sheathed roofs is poor caused vandalism. Please see attached pictures of the current conditions of roofs. age' wind damage and The scope of work that the department is asking for approval include removal of old shingles and E all associated roofing materials and replacing with new synthetic underlayment, trim and ridge caps and new 24 gauge kynar finished, standing seam metal roofs in the color of chocolate brown. Tlis work will include a 50 year warranty of all materials and two (2) years f'or labor. There was a change of the specifications for Jerry Ivey Park to remove the restroom roof from the RFPs and instead, include the park shop building. This change was given equally to each bidder and they quoted the project accordingly. This is recognized by both bidders in their prospective submitted project documentation. The fol7tr,Roof-ing ave been received: No. # r.. .. - ®_ Bid -- — - _ ._ . 1. st Siding ---- - _ 81fi 00 2. $114,341.00 Specifications Met for Install Standing Seam Metal Roof o ��- n Various Park Shelters and Restrooms: No. # EC tions — — __ Meet Specifications Midwest Geisler Siding Roofing 1, 15 park shelters and restrooms that yes Yes tified to receive metal roofs including: l Park (spray pad building), Country ( shelter , Hawthorne Park s ra ad CITY OF SALIVA REQUEST FOR CITY COMMISSION ACTION PATE TIME 1 V251201 9 4:00 P-101i ORIGINATING DEPARTMENT: FISCAL APPROVAL: S; YN PARKS AND RECREATION BY: FINAL APPROVAL: BY: Jeff Harnmond By building and. shelt r), Indinook arkaRnorth restroom/sheiter), Jerry Ivey Park (shop) Kenwood Park (2 shelters & stone restroorn), - Kennedy Park (shelter), I_akewood Park (south i restroom,, Meadowlark Park (gazebo), Oakdale Park (sthelter#1). Oybow Park (shelter) and Thomas Park (restroom & shelter). All standing seam metal roofs shall be new 24 Yes Yes 2. late brown in color au e'.kynar finished, Choc© late Yes 1 Yes i 3. All roofs shall have new synthetic under installed Prior to roof panels being installed warranty All materials shali have a manufacture Yes I Yes 4. for a minimurn of fifty (50) years from the completion date of the project7--, Yes m two (2) years Yes 5. 11 labor shall have a minimu warrant , HSC�L phis proj�c _ t for TMidwest Siding to Install Standing Seam Metal Roofs on Various Park Shelters and Restrooms for $93,816 is planned to be paid using Special Sales Tax Funds (Account Number: 210 -w) - F.ZOMMENDED Cold M,ISSION ACTION: d replace with all work to remove old roof an �Jpti�%i #1- Accept bid from Midwest Siding to complete low. #2: Deny request; City Commission provide direction to Director of Parks and Rocroation on. proceed. q [,e commends option #1 -,a-. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME _ 19125!2079 4,00 P Nj AGENDA SECTION T _.�_.IVU: ()RIGINAI-INr DEPARTP1='F2f3Vr1f.. ITEM PARKS AND RECRFANO: PROVALPaye:� 8Y: Jetf Hammond .New -Doofs Upgrading.shf4s roofs to metal , ' r, F4 �, CITY OF SAUNA REQUEST FOR CITY COMMISSION ACTIC�[� �A i E LIME 1 t'L50120. 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTIMENT: FISCAL APPROVAL: NOBY: PARKS AND RECREATION ---------------" FINAL.APPR� OVAL: ITEM NO: By. Jeff H.8mmorid I ply- PIP 'Y- � P'4 P 4 fkwk ..,. p�s rlf V wot�# Art�trare�an: etii 2 All Per+bs alt 9rarata 3 s r Varaatda tit e9r:#. _ ca ws parkl�alr4f is n gra ffi i _... ? mril�0 Ftotl C Blrli Im418kr! tAN4 ?��0 owale Palk iastrtarahs rapi merd,Gurr®tit 1 30'is W P' e a a m�ptROAi; a deterkara#irsg. 357.D 0$; Pack F rrtutm em tra�mr areas t Ensure safety zones and surfachagattaaarmd all r� �Rr�rrmta3Rs marry gD 4 ,Berry Ivey Park rmaund. "`�__'_ tarry PCrsi t 9e8 2nd saes wHave s water #�. 1I twogtw 9 . tr .Ierrf rvev Park Lisa t ats;it[rMm aitd ftyed'tt�t t� t#rirJraptace fetirrg 8rtd sideaaa9ks 7# rm 7s 4 [a3 Il1mk termCa arntk 1 ti 9 rtmila tat iritAfiic& 940.0 —10 rsmsama£ft*s mrmuc3s tat�n to are Iri i t icn 1 LeSemig Patl6 eRk 34. 3 12. :T`IlrB581 pwk �19785�E I��Ik r h4�{4sS�e1618ri� irk � "�r1�8� r t Aii#'a" . 135 Iffi 81i rIt staalters 3.44.7 t 4 tx41a Paxil i3 iaE3e`u®od BSS Aim#aerhes. 342.8 t 5 $chi*no Pamk Ataaradlon to agreemenlWhIlle W3100 t "'i Mites park F&time lsf adpow 344 2 tg tBra + ` k ewacP Bite trrm h t s st�ta rar res.lr a matt m 340-2 17 Sunset Park starmdzmrtt. -- irrr a Water chemist a cucutulat>tln W the pawrtmne Qve st m:a errs algae.7t1�a rme�s i 3 ,,eq Ivey Park ics tae�rpa®�uX F �y� Fk�~j. ..Ail+r �I YM. 'GI SI W19..f181 dk9 Cal IIS.MYV A�. 111-- W erdrawe clear tat PWWV t ar'fWO ram a 'slog to irr�aravm$rr�}r mss. 338.8 20 Jerry Ivry pat, Kelopmaasterrm park �,..4 21 Aid F8ik4 Cmm t w tirokerrdrir> g m aal �?if RSA r lmlidra0 ,i "rix -new f 334.8 s r a Pa* ;MM i -0 a Gdti 8r!rt tleteriaM cram w ' is tis. 23 8un�#1 '� nt c4areera%a Mugs and a3cscma gras Twoiatetet!10 Stmt;panrR 9rhey tBe'ti trrta$ro�� Yirtm rilladerYi Com. s:42K _ Me 8 I eiStl�l Park ACa ttaur►tatrm that used tq be LAY p rmi aA 4tie as +rm txam -�� GIrStXit -amYi�tlod:StrmKZtUC�&SUi BSr 9rli# 5 rh8UC�rA1i1 ' and rrrt:dx�sts. _ 1 Via, et9-PRep .eiGr$rt+a .._ 8 .. emrtcr�t Pent � acula rracmrrr5 at.t.al ,r :3 -- wafer ltmC.fn atrestrCrmrrf feel5,t �� Park � tsice►aract�per,rertmramie tt•�ent#��ra�,�.taerite5.ira+l' ._ "s� S t timet 'gait tames. 324,0. j 31 COCO*Pat s��rllm�mst�snmm p�9 . Sarrmsrmt f'arl< late sieCerlltm st'teltsrwiftt +rmaerfiurrm.�a mrmdiart t Palk SBak sseistart trcatr Ad3r3 F'3tk{trc3 to ki144 a5 t4aa.e L5 rmaa#snatagti pant 923.1 33 eaE&lakf#ta aka tt.loru a t>R ^.2'.6 lrmtiian P crk ParmaIt'mdi8tt t3oCk stmeiter Nt�tm raat>dern atreltar.t trrrnrxms ��y.� ,r�}� r,=,� I�iM IOasRr�et��.."�` 3k•••l Ali r rr{e*a. �strflLtmarx'}t etsrxr lam+ �� 32#.5 35 Jerry'�'mi3�ark relrame.ra eI er�razsh, �� , � Galtews�tt Bryk P�mrmciat#mrt ei&#sat fhb r�aturmee�er -37 —M pa k-Park L cwt minor re to Lebo. 3 ; LL s rk rr alti Is .trtlera a di far rltet 'I'm rrm face! G.9.5 rk I3e�YmrkFm tt wmIr screi r► €tai --= _� _ — nmermt Iox 39 2-4. S'7_4 ._. . .�,�z��c�dl✓ssir yrerrrovmrrrerry-�-rau,Mrd,rapiitsafaly�'. fs'orrfatam�m .ei�P Salina KANSAS DEPARTMENT OF PARKS AND RECREATION R E Q U E S T F O R P R ® P 0 S A L S Install Standing Seam Metal Root`on Various Park Shelters and Restrooms September 2019 FABLE GY CONTENTS REQLiESI' FOR PROPOSALS -------.------------ ---. ------ _-__-.---------------------- l INI ORMATION FOk PROPOSERS-------..------------------------------------------------_----.------ �E: til"' WOR -------------------------------- RFP ATTAC1-MENT 1 •- SCOT �: ,w -------------------------- RF-P ATTACI-IMENT 42 SPECIFICATIONS ------------------- RFP ll"I'AC'HN11..NT C!" - ?PROPOSAL. COVER FAOI ANIS SUBMITTAL, LO OF CONT-RA CT'20C 'U-005 FORM OF CONTRACT CONSTRUCTION GENERAL CLAUSES INN.StYRANICI-7 REQUIREMENTS }=OIt,M OF PERFORMANCE 130 D FORM OF PAYMENT BOND REQUEST FOR PROPOSALS The City ot'Salina. Kansas is currently accepting proposals for the installation of;uindirtg scan, metal rnnl:s tin various park shelters and restrooms I icatod in Saline, Kansas (,'1�4i)I. ticcrlecl Proposals will be accepted, at the office of'the City Clerk. City-County Building, 300 West Ash, Room 206 Salina. Kansas. until it . a.m. 'C:ST Taesrlav [)ctolrer t.5 20]<9, RFP—Salina Parks and Forestr;v park Shelters and Restrooms The specifications and other contract documents are available for public inspection at the Office of the Par s and Recreation Department, City-County Building 300 West A h. Boom 1(;C1, Salina, Kansas. The documents may be obtained Irorn the office t�I'the Parks and Recreation10. Department. I"hr City of Salina_ Kansas, reserves the right to reject any or all pr•ol)osals and to Ival e ally irregularities therein. ,rHE CITY OF SALINA. KANSAS /s/ Shandi Wicks CITY CLERK 1 INFORMATION FOR PROPOSERS i. 11NV1TV171ON TO SUBM-11T PROPOSALS -n metal roof-,on Pcoposalk '-W jiltallilli0ii of standing seai zind Res-ii-oms, w,odefim:d 1,elowiin 3. Description of Project. .V!ir'101- 1dvadlinc pror,)�..I is is % -cr -019, it 1000 a.m. (CST), All Proposals Ile 11k. rvc:i+vd "IL the Building. 300 kV AF.Ii. Room 206. P.O. Box '736. Salina, Kansas 67402. 1.2 Propoi ;.;ls must be 11-111d-defivered- orscrit vin return reccipt delivery el,*fccted bY c1t;1-led - -jri-r , -. over"i0if delivery service. or other reliable pt�rsvllal '-1r'i0-`iV1 Mail- co, , L . , I Ll iVe -crice -ddre7s 'ax proposals will not be aceui, r;•CtJvcd �.:hvr specified time and date will be returried unopened. 2. DEFINITIONS 21 TerillS Used it, _farrnaflk)n for Pr mposers shall hove the meanings assign0d to 11"i in the t, Cho- following additional terms shall_ Dave ','1e General Clauses enclosed herewithi provide4 that foitc,xving rnaallinss: --d and properly signed and submitted offer to provide the services llpeu:fjed in the RrP Documents, which includes a price therein as -ed hil'orniation and other submittais. .he Pfopo-,ter. togcl.lhet pith all r�qui, t I b\ zr I- to petiorm the resultant Linj \6iL111 it' the Ckv will "'inc, illy' Proposer ji liav�; the (;ainc nicaning ha , wd Onall be deer, constitute. a -Bid" for purposes Vic k omraizl Dotivienks 21roaoser: A person or entity who submits a Ilr--po-,al in accordance iviJ, tjj,-�, RFP Documents. RFP, C2ocutnetfta. This Request for Proposals and all attachments livreto. and the Proposal. 3. DESCRIPTION OF PROJECT installing standing iewi-i 1:, to soiiciz proposals fol The purpose of this Request r Propo��als illetal roofs on the ibilowing,park- Nlietters and resiroovis in Salina.CentenniKS- a) Park(splash pad pump house). 753 Birch 1.3. Country Club Park, 5 Crestview 3.4. Hawthorne Park(shelter), 715 North Tenth Street Hawthorne Park (spray pad pump house), 730 North Tenth Street 3A Indian Rock Park(notch restroorn/shelter).. 1500 East Gypsum Ave. 3.7, Jerry Ivey Park'north restroorn),2465 Edward Street 3 d .1,8. Kcnwoo Park(I shelters), 821 Kenwood Park Drive 3.9. Kenwood Park, (stone restroom), 821 Kenwood Park Drive 0. Kennedy Park (shelter), 100 Jupiter 3.11- l,akewood park, (South restroom), 1323 East !roil Ave. 12. lv4eadowlark Park{gazebo),443 Beechwood 3.13. Oakdale Park (shelter 9 1). 730 Oakdale Drive -b Drive 1.-!. Oxbow Park-. (shelter'). 901 Fait 3.115. Thomas Park (restroom),. 1525 North Ninth Street 3.16. Thornas Park (shelter). 1525 1`0rth Ninth Street 2 4. PROPOSAL SUBMISSIONS 4.1 Written Proposals shall be typewritten or written in ink, in such form and containing such information as requested herein. Officials of corporations shall designate their official title: partners or sole owners shall so state, giving the names of all interested parties. The per•wn signing the Proposal shall initial all corrections or erasures. 4.2 Sufficiency of Documents. Interpretations.Addenda. 4.2.1 The submission of a Proposal will constitute an incontrovertible representation time the Proposer will comply with every term and condition of the Contract Documents and that such documents and specifications therein are sut7icierit in scope; and detail tc, indicate and convey understanding of all requirements for furnishing the services and all associated parts and equipment. 4.12 Any questions about the meaning or intent of the Contract Documents or requireniew', are to he submitted in wriiing to the Project Manager not less than live (5) calendar days prior to the date of Proposal opening. Questions submitted will be ans'Acred by written addenda issued to all prospective: Proposers who have obtained a cope olf thi-11 Request for Proposals from the Cite. Oral or Cather interpretations or clarifications will be void. without any legal effect and do not bind the City. 4 2.3 Addenda to the Contract Documents shall be properly acknowledged in the Proposer's Proposal. Proposals with all required submittals shall be submitted at the time and place indicated in this Request for Proposals. in writing within a sealed envelope addressed to the City of Salina. in care of Slrandl Hlieks, City Clerk, Cite-Couftfy Building,300 H;Ash, Roam 206,P,0. Box 736,SallE:a, Kansirs 674112 and identified oil the outside with Proposer's name and address and the title:RFP—Salina Parks and Forestry Standing Sean Metal Roof fpr Park Shelters and Restrooms 4.3 The City is exempt from Kansas sales tax on materials and cquipment to be incorporated into the work. Consequently. sales tax shall not be included in the proposed contract price. 4-4 All Proposals received will become tlae property of the Cita and will not be returned to the Proposers. 4.5 All costs incurred by a Proposer in preparation ora Proposal will be borne solely by the Proposer. 4.6 All questions concerning this prc jest shrill be forwarded to the Project Manager listed below: Rick Martin j Parks Superintendent Salina Parks and Recreation 1730 Oakdale Drive,Salina KS 67402-0736 Office: 785-826-7275 j Fax: 785-826-6586 rick.martin*1s41ina.org i mjm&alina-ks. orf 5. PROPOSAL SECURITY 5,1 The City's Proposal security requirements are as follows: ("X" indicates'applicability): 3 + _ r :.A �[r'i ��. :rC11,11E�1 , Il —ach Proposer shall submit F+ : � t� r _, acceptable bidding band (written on a penal �Stllll form. trl the alnotlr►t of five percent(5uja) of the total ,mount shown on the Proposal. The Proposal security shall be made payable to the I City and will serve as a goad faith guarantee that the proposer will :.rater into any Coiitr.l*Ct ' awarded to the Proposer ill accordance with the terms of the Proposal. lt' the Succe�5tul i'roposer fails or refuses to ether intoa Contract, or to hold the Proposal price, terms, or conditions firm. thele, in addition to exercising any other available remedy at law or in equity* j + the City 1-la9, eorts'der the proposer to be In default and the Proposal security of that Proposer l shall be forfeited and the honey derived therefrom v4ri11 be turned to the ase oi'tile City. The City may retain the security of any Proposer until sixty-one (61) days after the Proposal r opening;, at which tirne the Proposal security shall be returned to all ttnsuccessfal proposers. Proposal security isnot regUired f_'or this pro eet. 6. MULTIPLE PROPOSALS +i.l. Proposers inav uhn[it w.-Ire than one Proposal for the Cit%'s consideration, in order to prurosc diiler::nt deiitjn k'1Valts. tecb1`J.C,i! speC:ticatinns. or general solu.ic�ns jr, the City's needs. lk` Milltiple Propo,;ak sire s!itimitt4d by a single Proposer, each Proposal Should be prepared on a �Cf7iti':ll P['l11''.��;11 t ovvl llaue. 11F)d sv[ rrittekl to the GIL1` in a Serarate erivelope -,vith th {if�tSiikCilj{ a�1tt illtt)rdlitt[[i+il rt:allt get,, ir+ Section 14 belo%t% I1' alternate Proposals are Ck),LVPICI 1, t+ili� l?IlC �'1't+i�:"tel ''el'llrltt ,jubmi,"ion 15 required. prnx ided tel"cit such security is sti1i;11C`l on til.: anlovill ol"ille loullcst lllk~li' 1'+'opo"al, l;'It()Pt}ti��1�L'1'l l'I{I)12AL'l'l�l.. ?.l Proposals may be v.Stlltlr'a1b'11 I'!' illi+tttl' :'.1 ��Yitl11 t)lll4 if r"ei.etl h\ the Citi prior to Pr[�I r;-,ll opening. After onellillg,. Pri posak !na) not be withdrawn and shall remain open for sixty (60) days. 8, SITE VISITS 1++ visit the all are not mandatory, but intl~restiycl t'rt)l�t+i�.l'� ll't �trt+n��l� til��+eerie 'til of Stktlneell (1=1) Park Ai a,; belorc Submitting a Ano' Interested T'I-t){ktSQU Wisil:111 'Lo � pit the fourteen (1 1 Par". :11'eRs liar tile t�tu•10sc c+1'r:alherinti :1j{(litij)Il8l i.,iforinatioh -J10Llltl contact the Protect Xlanzluer to schedule an appointment- 9. PRO.IECT TIMELINE solicitation, 9.1 The Cit;'s anticipated schesolicitation, tf)r17III r11c(n1Cnt. and ct�rrrpletit>n of the proiect is as follows: \tl� k'tl all(] ksu R%cquc;(for Proposals--------------------------- September 23,201,9 p�ls:�i�; 1)uc �ri1t1 t)17�11:wd1 -----�------------------------------------.._,.Y- October 1S,201`� A%k.ard^ ------^--------------- --- --(1e ul'bcr.,i.2f 1 ;Ind 1:�ectl X111 tat Contract . ------ ------------_ October,1.2019 Ltil.ltii' +.)i f�l'�aEi{ 2,2019 lrocecd --------------------------------------- f l�: .�� tiiQtl�!' is OF CONT.R<-kCT; SELECTION CRITERIA i 0.;i The City reserves the right to reject any and all proposals; to waive any and all infot'inalities or defects; to disregard all norlconforlltin q non-responsive or conditional Proposai:s; or to accept such Proposals as shall he deemed to be in the best interest ofthe Citi so tc+ do. Disci-cpancies between words and figures will be resolved ijl favor of words. Discrepancies between the 4 indicated aorta of aliv . the correct sum. olunln of'figure:s and the correct sum thereofwill be resolved in iMor e}f 10.2 In evaluating Proposals. the City will consider the Proposers' qualifications. understanding of the project and proposed solution. experience. references. cost proposal. ability to meet, till prc ject deadlines. and overall ability to satisfy the City°s needs. The C'ity ntay.also c�icider Operating. maintenance and supply costs. service respeynse time. performance: data. o coa tce�:z of materials and equipment and any other such data at the City's discretion. 103 The. City may award a contract on the basis of initial Proposals received. I-lowever. the C'itx reserves the right to request additional information from tiny or all Proposers. Therefore. cads Proposal submitted should contain the Proposer's best terms. 10.4 Within tell (10) days of receiving a notice of award. the successful Proposer shall execute a Contract with the City. in a firm substantially similar to that attached hereto. Proposers should include with their Proposal submissions any proposed changes or alternative contract language f6r the City's collsicle ration and potential negotiation. Submission of a Propositi shall be deemed on offer to contract on the terms set forth in the Citv's proposed Contract. unless exceptions or alterative contract terns are otherwise expressly indicated in the submitted Proposal. 11. PERMITS ANIS AUTHORIZATIONS 11.1 The Contractor shall. at its owaa cost and expense. secure frons the City's Development services Department all permits.authorizations. and licenses necessary for the prosecution of tine kkbrk• 12. INSURANCE AND SURETY BONDS 12.1 The Contractor shall obtain and maintain insurance coverage as specified in the proposed Contract and General Clauses. 12.2 Before any Work "nay commence on this project, and as a condition to the: effectiveness cal' any Contract with the Contractor. the Contractor shall be required to submit a Performance Bond and Payment Bond. in the amount of 100% of the total contract price. and in the forms attached hereto. Such bonds shall be delivered to the City within ten (10) days after the written notice of award. 13. GENERAL SCOPE OF WORK; SPECIFICATIONS 13.1 Tile Contractor shall provide a complete. turnkey installation of standing scam metal roof' as described herein. and Proposers are expected to provide all equipment. material. design and initial installation supervision, tools. trransrwrtation. and any other resources necessary to complete work In addition, the Contractor will perform and be responsible for all items listed in RFP Attach e t 1 —Seo c of Work. 13.2 The standing seam metal roofs work shall conform io the Specifications listed in RFP Attac"m nt#2--5 ccifications. 5 int. PRO PCO-SM-, i ORNI .A.14D REQUIREMENT 14.1 'ro saabinit a Proposal,the Proposer must complete and sAliatnit the l'taopt:sal Cover Page, in the Fort; attached hereto aslM t , The Proposal ever Pale shall, among ether things, provide a cost proposal for all of the proposed Work, including design, accessories and equipment, delivety and Installation.i he ertnpleted Proposal ever Page fortr. will serve as the cover pagye for the remaining documents and information requested to thesubmittal Checklist tha= fellows the proposal Coverage l'etgi,- 6 RFP ATTACHMENT#1 SCOPE OF WORK 1. General Scope ()rwork- The Contractor shall be responsible for the turnkey removal and disposal of 4,11 shingles. roofing paper, nails. screws. etc. associated with preparing the shelte°i•s and bathrooms for neve standing seam metal roofs. 1 ' 7'lie Contractor shall provide all Iabor, materials. equipment. accessories. etc, €,s required to complete the installation of standing seam metal roofs per the C"oittract Documents. .3 The: Contractor shall install new synthetic underlayment, any associated trim and ridge caps and installation of new 24 gauge kynar finished standing seam metal roofs, chocolate brown in color. 1.4 The contractor will prime coat bare wood areas as needed before applying trill, and roof panels. 7 RFP ATTACHMENT#2 SPECIFICATIONS Install Standing wc'pym Metal oo f on Various dark Shelters and Restrooms General: .5 � wart, metal (l 5) ,,1Jj�%Ln park shelters and res'trooms to receiver ,dtr�r�d tj� roofs ar,: j ('entc.m,,.rl Park (splash Pad), 753 Birch 2) �'culnt1'�' (' ��rh 1'�rr•k, �� rcxstviet� a) i lait,tljorne Park (shelter)` 71 5, North l'enth Street 4) I4aw°thome Park ;spin E ad pullip ljouse), 730 Not Tenth Street 5) Indian Rook Park (north restroomi/shelter), 1500 East Q, lx;rrn; Ave.6} Jerry Ivey Park (north restroom), 2465 Edward Street Kenwood Park (� shelters),, 821 Kenwood Park.Drive g} Kenkv o d Park {,tone restroo,1 , h'l Kenwood Park l]rive 9_) !"kniv.e�i.. Palk (Stleltel-), 700 Jupiter l.ctke``vood Pai f: (Soutlj restroonj), ]; East Iron Ave. 1 l ) Meadowlark Park (gazebo), 443 Beechwood 12) Oakdale P;irk (sljejtc,• 1f t 1, 7.',o Oakdale l)ri\ c Oxbow Virl:, tslleltc# !, t?t71 i aitlr l.)t tti c l 4) Thomas Park (restroom), 1525 North Ninth Street 15) Thomas Par=k (shelter), t ti'S North Ninth A l standing seam txjet.al roofs shall be new 24 hie e kynar finished. chocolate brown in color. 3. All roofs shall have 1jew sti-11tiletic: underlayment installed prior to roof t7.ijel5 l�eisi installed. 4. All rnateri::ls shall have it rjl:lnufacture warraniv for a minirrtu!}� of fifty {5()) years from the co�rwiclik)" Oftlje rrt�ject. All labor shall lj�r: e 4. ri3iliiu:ull, two (2,) years warranty. S.Access c Safety. l"t 1'it�rltj�.'c7 during the approved x ork h(?llry as elct..E'i'rrrtjlet w';' t17 try kit S�,,Ir?1�1 �ittu Contractor, 2. Contractor will access the shelters using ladders, scaffolding and/or man- lifts. The contractor shall take necessary precautions to protect concrete frog scaffolding or man-lifts. I The work area will be sectioned off with visible construction signs posted on the job site during the renovation project. 4. The 0011tractor sliall take all necessary precautions during tine period of service to protect existing City of Salina water park: facilities from damage by workmen and shall repair or replace, at the contractor's expense, any damaged property caused by the contractor's employees or subcontractors. 5. The contractor shall be responsible to install all materials and hardware associated with the standing seam metal roof's and signage to meet all manufacturers' recommendations. 6. The contractor shall at all times, keep the premises free from accumulation of waste materials or rubbish caused by the work performed by the employees or subcontractor. 7. Upon completion of the work, waste materials, rubbish and tools, equipment, machinery and surplus materials shall be removed from the job site. All building surfaces and work areas will be left clean. 9 t'l erOS sL COVER PAGE F011 i (JAItD Op CC�yIMISSION SRS CITY OF SALINA,KANSAS Corn m iss inners; 1. Pro raas l to nter law Contract he undersigned Proposer proposes and f this Proposal is accepted,to enter into a Contract with the City to perform all Work as :ixcri icd or indicated in the proposed Contract Documents and this Proposal, for the prices and Nii'r. t7 tett ii*l+PS indicated in this Proposal, and in accordance with the ether terms and conditions of the proposed contract Documents, f'r+n�no ctanow Proposer accepts till of the terms and conditions of the Contract Documents. This proposal will Tom, sin subieet to acceptance for sixty (60; days after the Proposal opening, or for such longer period of time that Proposer may agree to in writlr�gpor request uy the City. Proposer wl!t sign artt cleli�er the rettttired nnu+ ber of counterparts of the 'U"'ontract with the bonds and otber - 'c;tir;',t? cin.++ stns.# 15, Day,after the date of the City's notiftcatl" of award, € a ,s jons, lr _uhrnitting dais 1'rr't'=,gal, Proposer represenis that: 2. a. Proposer has caref011Y reviewed the Contract Documents, and the follow419 addenda, receipt of which it hereby acknowledged 010te to Proposers— In INS the? Ertl !fid date q h ads end+ r .•F:�ei3 _ c.g., dr4acf : . jje.'<, �ur�t I t? Proposer understands and agrees that in signing this Proposal, proposer waives all right to plead any misunderstanding regarding the Contract Mcuments or the above-referenced addenda, b. Proposer has visited the Sites 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. c. Proposer has givers the Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the proposed Contract Documents, and the Project Manager's written explanation is acceptable to Proposer, 3. PLc�Prol. Proposer will complete the Work as specified in this Proposal and in accordance with the Contract Documents for the following ont hundred fourteen thousand three hundred farcy one dollars Ita1171) sum grace: 9111Y additional pricing options). " - _ r (S 1.1 �l41.11p } (include attacltmernt lar 4. Time f m letiu . a. Proposer agrees that the Work will be completed and ready for final payment in accordance with the General Clauses within y0 days after the City receives approval and issues a notice to proceed. 5• llefiaitions. Terms used in this Proposal shall have the meanings assigned to them in the ("Veral Clauses included with the proposed Contract Documents. 6. Enrl..e s. Proposer has completed and attached hereto a submittal Checklist and a;l documents and information requested therein. NAME OF PROPOSER: Geisler Roofing and Horne Ianpr9v�;i7acnt ADDRESS: 1001 R.Crawford Salina, KS 67401 MLBAWr..441tcoXd14,KS E-MAIL ADDRESS! mikeffigoslerrao61WC.-Om— BY: M1k0e er on TITLE: Salina Manager for t;eisler Rooft"n; tat Home Imp. DATE SUBMITTED: 10-15-2019 RFP ATTACHMENT#3 PROPOSAL COVER PAGE FOR To , tlo;ut?c_FCOMMISSIONERS CITY OF SALINA, KANSAS c,or missioners: 1. ro E .43 t �! C�i ga t• The undersigned Propciser proposes and agrees, it this rraposal is accepted, to enter hito• a Contract with the City to Perform a 1 Work as speciflsd or ttdiyattcf in the proposed Contract Documents arta t1,Is PaOposals for the prides and within the times indicated it thin Pt4pnsal, and !^ aceordat,co with the alter terms acrd t,, friars of the prcp:�sed �.4r: r G•�t�(rE i(ria::t i. Prrl ase. Acd� r Ied nt . Propose° accepts all of ih:s terms and conditions of the Contract Documents. T1112 ropcsal wiiE remain subject to acceptance for sixty (fie) days aft- the Proposal riper+ n. . cF for such 'longer pea od o` time that PTOPO r- maY agMc— t i,l rritin pity: Prcpcser will si and deliver tfce required n:►mber of upon request by the c�u,nterpart €f the C;ccttract =,Yith the bonds and other required documents, within ten (rtil) days fte the date of ihe.Clty'�rrz�:tz"at 6rrr�I�a�%Pard € 2. In submitting this Proposal, Propmer repro serfs that: r3, : ,d 111c Contrari Dico�t(n`Icn.^ tI�?, a+fn.;d)lt+tqw !ClCCr t $i Rr!1"' ili!' C1lf41 addenda, p'Ei.Cipt L# which S 11Ereby ;1ck-. o'+v : ged ,a•.;iL��:!)!L!Y111111t�-;S section, P116039 !4 �St? E 1t:.. �3i:'e' .:+rid aai= �i ..c4r�f: .t,:,:�t:,I.ar, mceive s:.g.; 1(j Proposer understands and agrees that in signing this Proposal,Proposer waives all right to plead any misunderstanding regarding the Contract Documents or the above-referenced addenda. b. Proposer has visited the Sites 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. c. Proposer has given the Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the proposer] Contract Documents, and the Prrrjeet M.rsnat cr's written explanation is ar-ceptable to Proposer. 3. Efte_Prog . Proposer will complete the Work as specified in this Proposal and in accord7nce, with the Contract DocumelAts for the following lump sum price: ` (include attachment for any additional pricing optio ). 4. Time of Completion. a. Proposer agrees that the Work will be completed and ready for final payment in accordance with the General Clauses within days after the City receives approval and issues a notice to proceed. 5. Defy itions. Terms used in this Proposal shall have the meanings assigned to them in the General Clauses included with the proposed Contract Documents, 6. Enclosures. Proposer has completed and attached hereto a submittal checklist and all documents and information requested therein. NAME OF PROPOSER: ,1 Inc- ADDRESS: nGADDRESS: 1 E o 5014 F,MML ADDRESS: l ot�z✓ 5`a�:, r c°, @ ct.67 hC> BY: TITLE: f l7ATE SUI#11+11`]"'l'Fl). ll stir,, ts. Print Pa°eView httpS,/1rny,a �eulyn?�,eo Iljobs144ed5l65-6a39-46/4-bots J-TD ICLU... c�ois`erRoeing&i ome City of Salina Parks Project improvementr�r� 903 Eaat 6 ^ 0 - 19 'I Concordia KS o"6901 " Phona:(7651.246 7296 � i4C� F :,ThSi 24 207 Claim Intorrnation company WrVoetctativo Mike Peterson Phone!(785)819-5046 miketp�letarre�lit�:�m ;;ty nr Salina par' s PFo;w--t:,1,C.'suge stZilding "aam r etal X00% c aloTz., ;gown city of Salina CIO Rick Martin City of Salina Depaartmartt Qf parka et?sf.Reareation Parks throughout Salina Kansas Salina,Kansas,KS 67401 (785)3266-7275 Metal Roofs Centennial Bark 24 gauge Standing Seem metal roof Colors:brown !?e,nc vp, 1 jayer of assuriait EIur,,gzvs install Residential Rake metal install Residential Ease metal Furnizh&141*0 ridge cap irstail synthetic Celt tk La.equivalent Fumish&Install natal roof pastels WE ARE LICENSED,INSURED,&BONDED FOR YOUR PROTECTION Provide limited lifetime material warranty&2 year workmanship warranty Metal Roofs Country Club Park t:+,litirl V-:1.r'sr1n i' Remove: layer of asphalt shingles install Residential Eave metal Furnish&install ridge cap install syntheticfelt 15 LE.egtilvalent �urnl;h&L;-Stall rylwa-n.'u'V. -wE b WE ARE LICENSEDl iNSUREO,&BONDED FOR YOUR PROTECTION Provide limited lifetime mate..at warranty ii 2 year workmanship warrvinty Metal Roofs HavwthorriG Park Shelter 2,4 gauge Stan!d'inq 5e8a11�MOW iaot CO'W5,hm6wo. Remove 4 layer r.Al asphalt Shingles install Residential Ea've metal Ftimish&Install ridge cap install synthetic fell 15 t_B.equivalent Furnish&install metal:taaf panels W-=ARE LICENSED,INSURED,&BONDED FOR YOUR PPOTEC T ICT s�rr r u:, r^;twv lifetime material warranty&2 year workrr=cslsloa��warrsriy Pint Prt,,view https.,//myacculynx.com/jobs/44ed5]65-6a39-4974-9(1(,3.tii�:, r Metal Roofs Hawthorne Park Pump house 24 gauge Standing Seam metal roof Colors:brown Remove 1 layer Of asphalt shingles Install Residential Rake metal Install Residential Eave metal Furnish&Install ridge cap install synthetic frit 15 LB.equivalent Furnish&Install metal roof panels WE ARE LICENSED,INSURED,&BONDED FOR YOUR PROTECTION Provide limited lifetime material warranty&2 year workmanship warranty Metal Roofs Indian Rock Park Shelter/Restroom 24 gauge Standing Seam metal roof Colors:brown Remove 1 layer of asphalt shingles Install Residential Rake metal Install Residential Eave inetal Furnish&Install ridge rap install synthetic felt 15 LH.equivalent Furnish&install metal roof panels WE ARE LICENSED.INSURED,&BONDED FOR YOUR PROTECTION Provide limited lifetime material warranty&2 year workmanship warranty Metal Roofs Jerry Ivey shop/maintenance building 24 gauge Standing Seam metal roof Colons;brown Remove 1 layer of asphalt shingles Install Residential Eave metal Furnish&Install ridge cap install synthetic felt 15 LB.equivalent Furnish&Install metal roof panels WE ARE LICENSED,INSURED,&BONDED FOR YOUR PROTECTION Provldo limited lifetime materiel warranty&2 year workmanship warranty Metal Roos Kenwood Park Stone Restroom 24 gauge Standing Seam metal roof Colors,brown Remove 1 layer of wood shingles Install Residential Rake metal Install Residential Eave metal Furnish&install ridge cap install synthetic felt 15 LB.equivalent Furnish&Install metal roof panels WE ARE LICENSED,INSURED,&BONDED FOR YOUR PROTECTION Provide limited lifetlme material warranty&2 year workmanship warranty Metal Roofs Kenwood Park West Shelter 24 gauge Standing Seam metal roof Colors.,brown Print Preview httpS.I/My,aCCU lynx coM,"0t)S;44eCI:s 10.3-0dJy-'+0 1-i-OW-1j"lu I W��— Remove I layer of wand shales Install kesidentlal EM rfletdl Fumilsh&Install ridge C-SP instal.synihatic;fell, i5 La.equivaiarit Furnish&Install metal roof paneis VVP-ARE LICENSED,INSURED,&.SON06D FOR YOUR PROTECTION &�v Provide limited lifetime m8teliRWO Irl-antv, 4 earwarkmarishil)warranty ly;etal Root's Arletal 1kaottj jjV,.nVv0ad Park Epist Sbelt9r 24 gauge Standing Seam metal roof Colors-.brown Remove 1 IaYer Of wood shingles Install Residential Rake metal install Residential Have metal Furnish&Install ridge C8P i,j:tj 1!zVolthetin 1`0 15"L5.equivalent Furnish&IMMOII MP-t&'rOnt P!Rrlels WE:ARE LICENS1201!NSURr-D,&BONDED FOR YOUR PROTECT ION Prouide limited li,,etirria m9teflal warranty&2 year worknnanship waffarltY Metal Roofs Lakewood Park South Restroom 24 gauge Standing Seam metal roof Colarc brown Remove I layer of p6phait shingles Install Residential Eave rnetal Furnish&Install ridge caP install synthetic fell 15 1-13.equivalent &l-ISLA rfquta' WE ARE t jCE,%,SE01 ,r4SU,,qE0,&BONDED FOR YOUR PROTECTION Provide limited le major,81 -anty,&2 yetur workimarishO Warranty war, Skylight flashing ReDiace Ripe flashing Metal Roofs meadowlark Park Gazebo 24 puge Standing Seem metal roof Colors,brown Remove I layer of wood shingles install Residential Eave metal Fur" .ish&Install ridge bats install synthetic fell 15 LB.equivalent Furnish&Install metal roof panels WE ARE LICEt,,ISED,INSURED,&eONDED FOR YOUR PROTEI-MON Provide limited lifetime material warranty&2 Year w0*msnship warranty Metal Roofs Oakdale Park Shelter 4". 24 gauge Standing Seem Metal roof Colors:brown Estimate Print Preview https://my-acculynx.com/iobs!44ed5l65-6a39-4874-$d63-,:h7C,,', Remove 1 layer of asphalt nhinglas install Residential Eave metal F+Rrnish R Install titins rap install synthetic felt 15 LB.equivalent Furnish&Install metal roof panels WE ARE LICENSED. INSURED,&BONDED FOR YOUR PROTECTION Provide limited lifetime material warranty&2 year workmanship warranty Metal Roofs Oxbow Park Shelter 24 gauge Standing Seam metal roof Calors:brown Remove 1 layer of asphalt shingles Install Residential Eave metal Furnish&Install ridge cap install synthetic felt 15 L8.equivalent Fumish&Install metal roof panels WE ARE LICENSED, INSURED,&BONDED FOR YOUR PROTECTION Provide limited lifetime material warranty&2 year workmanship warranty Metal Roofs Phomas Park RestrooM 24 gauge Standing Seam metal roof Colors:brown Remove 1 layer of asphalt shingles Install Residential Rake metal Install Residential Eave metal Furnish&Install ridge cap install synthetic felt 15 LB.equivalent Furnish&Install metal roof panels WE ARE LICENSED,INSURED.&BONDED FOR YOUR PROTECTION Provide limited lifetime material warranty&2 year workmanship warranty Metal Roofs Thomas Park Shelter House 24 gauge Standing Seam metal roof Colors:brown Remove 1 layer of asphalt shingles Install Residential Bake metal Install Residential Eave metal Furnish&Install ridge carp install synthetic felt 15 I.B.equivalent Furnish&Install metal roof panels WE ARE LICENSED, INSURED,&BONDED FOR YOUR PROTECTION Provide limited lifetime material warranty&2 year workmanship warranty Metal Roof Commercial Section Upgrade to the Central Snap 24 gtlage standing,seam roofing TOTAL $114,341.00 3ti11tate Pri'nt1'reviemv All work to be comkfeted acCnrdlnp to standard prec11008•Any 81teraftn or deviallvn from above Specifications involving extra tests will be VNDRK RATES:S executed upon vertrsl and!or written spttrOval.EXTRAA SHINGLES, if more layers are found t5en listed above:$ts per square per iayer for asphalt anO$40 for wood.RO- i ED v=13;(up to W decklnq;rrsplamcl Pt 38.76 a square fb ,.RAFTERS 4R SILLS:v !l be rapISCed at$59 a Man hpur;plus.materials,CONTR.AGTMR;To ca"Y 52 44,gp dalton°General Llalalitty"Insurance and ourwo"rs are€`slay covered by"vvartrrari s CornpQnsation Irsurarza. Ali ere pli5perty of coni tclor ContreCtor not ile'ble tindor terns 4f warronly unless paid in fall,QVIAE R:9. To e110vv 0Q1!�r to p1gco a sign+and use of addiass tot prorpo9icsn advgAtelng.2.t P-4y at job cnmRletion and may not wIlhhp!d;bare:ha,`t 10%t?th"re are atw"punt IL*Itertss'•to be reselvad..remoindet gge uran complO0ra Of"P1,11101 OW 130101il eS `8} claysWill lrosur 1.75%int;sregt per€Hord°,tr,,evian€afdefttilt by bu'fgr;buyer War!"10 Day a1s��45 of wlleeVott trac7utfing Of4moys lea 4n addition to Ther slS+tr atleks per. a'srlu>fcr d by caller.V�a &pt American ?tpr �s,d1 ver, issterGa and erESa;e.sato of .Il!s charged an all purchases, r�OyAuft W 61116. V • �sw$lo?omor Signature GU5tonler Signature q. ? 50 A N �r 1550 S. Broadway Salina, Ks. 67401 785.825.5576...Fax 785.825.6662 midwestsidin8,inc@Oatt.net Ks. Lic. #13-116408 Park Structure Reroof Provide all labor material and equipment to complete the tear off disposal of old material and reroof of the structures specified in the bid documents. Included in this price Midwest Siding agrees to prime paint and replace rotted fascia and decking. New roofing material will be 24 gauge steel. The color will be Mansard brown provided by Firestone building products. The ends of the panels at the eaves will not be folded. 'I'lyP ends will be Milled with polyurethane to avoid any sharp edges. The maintenance building on the south end of Jerry Ivey park was included instead of the nortl restroom, for it has been recently roofed. Total project amount. $93,816.00 'l�'h You Grant Warhurst President DATE(MMIDDM-M AC " CERTIFICATE OF LIABILITY INSURANCE 92/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(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 Assurance Partners (A/C, (800)583.1871 A Ne: (785)825-5098 201 EIron Avenue E-MAIL abell@yourassurance.com ADDRESS: P.O.Box 1213 INSURER(11)AFFORDING COVERAGE NAIC S Salina KS 67402-1213 INSURERA: Addison Insurance Company 10324 INSUREO INSURER B: Kansas Builders'Insurance Group 0010 Midwest Siding,Inc. INSURER C: 4240 W State St INSURER D: INSURER E: Salina KS 67401.9557 INSURER 1: 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 MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !LTR TYPE OF INSURANCE POLICY NUMBER MMI PoUCYYYYY ilimmoFXP LIMNS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A A 100,000 CWMS4MDE X OCCUR P E 1 Ea a rrence $ MED EXP oneperson) S 5,000 A Y Y 60211955 02/01/2019 02101/2020 PERSONAL&ADV INJURY S 1,000,000 GEN'LAGGREGATE UMITAPPLIES PER: GENERALAGGREGATE $ 2.000,000 POLICY N JPECT 0 LOC PRODUCTS-COMPIOPAGG S 2.000,000 OTHER: $ AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ee accident ANYAUTO BODILY INJURY(Per person) S A OWNED SCHEDULED Y Y 90211955 02/01/2019 02/01/2020 BODILY INJURY(Per accident) S AUTOSONLY AUTOS HIRED x NON-OWNED PROPERTY DAMAGE S AUTOSONLY AUTOS ONLYaccident) S UMBRELLA UAB OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ 1 �/ S WORKERS COMPENSATION PrP TE ERS X AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $ 100,000 B OFFICERIMEMBEREXCLUDED7 NIA 20190011 01!01/2019 01/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 100,004 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,AddWonsl Remarks Schedule,maybe attached M more space Is required) This is a revised certificate and supersedes any previously issued certificate. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Salina ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk's Office AUTHORIZED REPRESENTATIVE PO Box 738 Salina KS 67402-0738 ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD (F.Irghblaar'f. SaIlneJouma � Seplember 28,W19) ' Publisher's t iE01fEB'1'pQAPJt�SALS Affidavit 1 n;e chy,ot,sam+a;:Orm feta mrfiy amp ho prapoaela, fdr.Mulft allptran�al..,,lan" puke; I._ Christy Fink being duly sworn zelielte'rs era`balhrao+ne Toch m ,Seine t(s;.(Paac.ofioe fs loeetea declare that I am a Legal Coordinator +et 1E0081idaW""Praposgs' a g 5701}:":Sealed;prapasals•wIN 6 Was At. of the Of THE SALIVA JOURNAL, a daily newspaper ciy Perky t Coumir NUN, �80o west Aah,a�gam.M sake, published at Salina, Saline County, Ifansas, and of ural�o oa,.m:resn. general circulation in said county, which newspaper �`SeaeafAeteNiootsan _ has been admitted to the mails as second class matter in Y ti4uglAu ligllerrima `-�1�1r09aN "7 said county, and continuously and uninterruptedly The speclNratrarm end other published for five consecutive years prior to first publication of attached notice, and that the r�~ ` `' Beaembn �ikpartme�,CrtK-CouraySuidkp s04Wesl�fi Rootp�100,°;Selena, Notice has been lrerreas: Thasdoctimente may bq Mud fmm.#m aft of the correctly published in the entire issues of said ipikod eieatknfnepadment I Zha City,or 8a�ns,Kansas; newspaper three times, the first publication being given , tM in the issue of September 23, r aral*Aro p'ala etia:a r any 2019 ��9daAgesthereln..; ,.:, 4 `.THE`Ch1(OFSAUNA, 'KANSAS Subscribed and sworn to before me,this fh ''' ►8hsnY�fq !> ; 'CFYt' MKi, c, day of S e a A.D.20 Printer's Fee$265.50 Notary public NOTARY PUBLIC.State of Kansas WENDY CHROBAK Val' p4y Appt,Exp.Z�� M D1A ST SIDINGii 3 1550 S. Broadway Salina,Ks. 67401 785.825.5576...Fax 785.825.6662 midwestsidingiinc(a7,att.net Ks.Lic.#13-116408 Park Structure Reroof Provide all labor material and equipment to complete the tear off disposal of old material and reroof of the structuress specified in the bid documents. Included in this price Midwest Siding agrees to prime paint and replace rotted fascia and decking. New roofing material will be 24 gauge steel.. The color will be Mansard brown provided by Firestone building products. The ends of the panels at the eaves will not be folded. The enols will be filled with polyurethane to avoid any sharp edges. The maintenance building on the south end of Jerry Ivey park was included instead of the north restroom, for it has been recently roofed. Total project amount: $93,816.00 Grant Warhurst President 11 R" *'h RFP ATTACHMENT#3 PROPOSAL COVER PAGE FOR TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS Commissioners. 1. Provosal to Enter into Contract. The undersigned Proposer proposes and agrees,if this Proposal is accepted,to enter into a Contract with the City to perforin all Work as specified.or indicated in the proposed Contract Documents and this Proposal, for the prices and within the times indicated in this Proposal, and in accordance with the other terms and conditions of the proposed Contract Documents. Ptgnoser Acknowledgm9UN, Proposer accepts all of the terms and conditions of the Contract Documents. This Proposal will remain subject to acceptance for sixty (60) days after the Proposal opening, or for such longer period of time that Proposer may agree to in writing upon request by the City. Proposer will sign and deliver the required number of counterparts of the Contract with the bonds and other required documents, within ten (10) days after the date of the City's notification of award. 2. Pronoser's Revresentafions. in submitting this Proposal,Proposer represents that: a. Proposer has carefully reviewed the Contract Documents, and the following addenda, receipt of which is hereby acknowledged (Note to Proposers--In this section, please indicate the title and date of each addendum received e.g., "Addendunn 01, dated 10 Proposer understands and agrees that in signing this Proposal,Proposer waives all right to plead any misunderstanding regarding the Contract Documents or the above-referenced addenda. b. Proposer has visitedthe Sites 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. c. Proposer has given the Project Manager written notice of all ci)nflaccts, errors, ambiguities, or discrepancies that Proposer has discovered in the proposed. Contract Documents,and the Project Manager's written explanation is acceptable to Proposer. 3. Price Proposal. Proposer will complete the Work as specified in this Proposal and in accord ce with the Contract Doe umeiRts for the following lump sura price: (include attachment for any ad itional pricing opti . ). 4. Time of Cowipletion. a. Proposer agrees.that the Work will be completed and ready for finala p yment in accordance with the General Clauses within . days after the City receives approval and issues a notice to proceed: 5. Definitions, Terms used in this Proposal shall have the meanings assigned to them in the General Clauses included with.the proposed Contract Documents, G. Enclosures. Proposer has completed and attached hereto a submittal checklist and all documents and information requested therein. Sf !. NAME OF PROPOSER: r f e •� �1` d*#C' ADDRESS. ✓ ALT a E-MAIL ADDR.RS& in w rest , e- BY: (S k/ W- TITLE: 10k oA DATE SUBMITTED: `X�, [�/ 11 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------------------------------------------------------------------------------------------- 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 1-11-18 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 EQUIPME-IT-----------------------------------------------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 Revised 1-I1-18 GC-B 31. INTERPRETATION OF CONTRACT DOCUMENTS ---------------------------------------GC-I 1 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 Revised I-11-18 GC-C Revised 1-11-18 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. Revised 1-11-18 GC-1 (d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or 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. (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 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. Revised 1-11-18 GC-2 (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 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. Revised 1-11-18 GC-3 (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 services, materials. or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. 4. COMMENCEMENT OF CONTRACT TE-VIES: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, Revised 1-11-18 GC-4 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 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 Revised 1-11-18 GC-5 Work in connection with removal, relocation, or restoration of obstructions and existing facilities. (a) SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and services, gas trains 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. (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. Revised 1-11-18 GC-6 (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. (f) PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on public property, such as fences, small buildings, or similar obstructions, will be removed by their respective owners upon notification from the City. Should progress of the Work be unduly delayed through such procedure, the Contractor may remove, relocate, or reconstruct portions of fences at 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 Revised 1-11-18 GC-7 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. 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 fire feet of any fire hydrant; fire hydrants shall remain ready for immediate use by the fire department. 17. QUALITY OF MATERIALS,ANiD 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. 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 (5) 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 Revised 1-11-18 GC-8 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. 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 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. Revised 1-11-18 GC-9 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. 26. FINAL CLEANNUP. 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 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 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 Revised 1-11-18 GC-10 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. 29. 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. 34. 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 Revised 1-11-18 GC-11 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. 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 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 snake 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 Revised 1-11-18 GC-12 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 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 (51/6) of the invoice cost. 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: 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); Revised 1-11-18 GC-13 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. 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 Vl'ork whether straight or curved. No extras of any kind will be allowed unless covered by written order or agreement specifically describing such extras. Revised 1-11-18 GC-14 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. 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 CAUSED BY WEATHER. L 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. Revised 1-11-18 GC-15 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 NNTEK* Jan Feb Mar Apr 'May Jun i Jul Aug Sep ' Oct i�ov Dec (10) (6) (4 5�. (5) (6) 5} 4) (5) (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 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: (t) 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 Rork 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). Revised 1-11-18 GC-1 6 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: Adjusted 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. 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 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. 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 Revised 1-11-18 GC-17 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 COMPLETIOti. 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 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 Cite 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 Revised 1-11-18 GC-18 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-19 Revised 1-11-18 GC-20 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 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 $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 Revised 1-11-18 GC-21 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 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 ensationffi to er'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 $100,000 each accident a $500,000 disease—police limit a $100,000 disease—each employee Revised 1-11-18 GC-22