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Excel Dirt and Excavating Contract - Demo of Dangerous Residential Structure 540 W Iron atYof I i Salina KANSAS DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES BUILDING SERVICES DIVISION REQUEST FOR BIDS PROJECT NO. DS 19-0002 DEMOLITION OF DANGEROUS RESIDENTIAL STRUCTURE September 2019 City0F !ci Salina KANSAS PROJECT NO. DS 19-0002 DEMOLITION OF DANGEROUS RESIDENTIAL STRUCTURE Trent W. Davis, M.D., Mayor COMMISSIONERS Karl Ryan Joe Hay Melissa Hodges Mike Hoppock Mike Schrage, City Manager Shand! Wicks, City Clerk Sean Pilcher, Building Official September 2019 TABLE OF CONTENTS REQUEST FOR BIDS --------------------------------------------------------------------------------------- 1 INSTRUCTIONS TO BIDDERS--------------------------------------------------------------------------- 2 BIDFORM----------------------------------------------------------------------------------------------------- 5 CONTRACT--------------------------------------------------------------------------------------------------- 7 PERFORMANCE BOND------------------------------------------------------------------------------------15 PAYMENT BOND ------------------------------------------------------------------------------------------19 SECTION 1 -GENERAL SPECIFICATIONS ---------------------------------------------------------21 GENERAL CLAUSES (TABLE OF CONTENTS)----------------------------------------------- GC-A GENERAL CLAUSES--------------------------------------------------------------------- --GC-1 GENERAL CLAUSES TABLE OF CONTENTS --------------------------------------------------------------------- GC-A GENERAL CLAUSES-------------------------------------------------------------------------GC-1 INSURANCE REQUIREMENTS-----------------------------------------------------------GC-19 APPENDIX I-PHOTOS OF PROPERTY------------------------------------------------------------A-1 REQUEST FOR BIDS PROJECT NO.DS 19-0002—DEMOLITION OF RESIDENTIAL STRUCTURES Sealed proposals for the demolition of structures on the following-described properties will be received by the City of Salina, at the office of the City Clerk, City-County Building, 300 West Ash, Room 206, Salina, Kansas, until 10:00 on October 15, 2019, at which time the proposals will be opened publicly and read aloud. Tract Address Legal Description 1 540 W Iron The South One Hundred (100) feet of Lot Fifteen (15), Surveyor's Plat B, City of Salina, Saline County, Kansas The drawings, specifications and other contract documents are the property of the City of Salina, Kansas, and are available for public inspection at the office of the Development Services Department, City-County Building 300 West Ash, Room 205, Salina, Kansas. A complete set of such documents may be obtained from the office of the Development Services Department upon payment of$20.00, which is non-refundable. 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 1 INSTRUCTIONS TO BIDDERS 1. The City intends to award one contract for the demolition, clearing of demolition debris, fill and grading of site (of structures/buildings), of one residential property (including all accessory structures) located in Salina, Kansas, described as follows: Tract Address Legal Description 1 540 W Iron The South One Hundred(104) feet of Lot Fifteen House (15), Surveyor's Plat B, City of Salina, Saline 1 detached County, Kansas accessory structure In addition, photographs of the property subject to demolition are attached hereto, as Appendix 1. 2. Terms used in these Instructions to Bidders shall have the meanings assigned to them in the General Clauses. 3. The Work to be done under this Contract is shown on the Drawings and described in the technical Specifications. 4. Each Bidder shall be acquainted with all conditions pertaining to the proposed Work, and shall personally examine the Sites. Any prospective Bidder in doubt as to the meaning of any part of the Contract Documents may submit to the Project Manager a written request for an interpretation. The person submitting such request shall be responsible for its prompt delivery. Official interpretation, modification, or revision of the Contract Documents will be made only by addendum duly issued and mailed or delivered to each parry having a set of Contract Documents. The Project Manager assumes no liability for any other explanations or interpretations of the documents. 5. Bids shall be based on materials and equipment fully complying with the Specifications. The Contractor shall be responsible, under the Contract Price, for furnishing and installing materials and equipment conforming to the stipulated requirements, even though the Contractor's Bid identifies other kinds or types of materials and equipment. 6. No Bidder shall be interested in more than one Bid. Submission of more than one Bid by any firm or individual under different names, or collusion among Bidders, shall be cause for rejection of all such Bids without consideration. 7. The attached Bid form shall be fulled out in full. Bids for less than all the Work will not be considered,unless the Work is expressly divided into two or more parts,in which case each part covered by the Bid shall be filled out in full. Extensions and totals submitted in the Bid will 2 be subject to audit and verification. Each Bid shall include the Bidder's name, exact post office address, and the names and addresses of all persons and parties participating in the Bid. Any person signing as an agent shall submit evidence of his or her authority determined acceptable by the City. 8. The unit price for each of the items in the Bid of each Bidder shall include its prorated share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total Bid. Any Bid not conforming to this requirement will be rejected. 9. The City reserves the right to reject any or all Bicts, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate Contract terms with the responsive Bidder to whom the City makes an award. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 10. The City is exempt from Kansas sales tax on materials and equipment to be incorporated into the Work. Consequently, sales tax shall not be included in the Contract Price. 11. The City may make changes in the scope of the Work required to be performed by the Contractor under the Contract by making additions thereto,or by omitting work therefrom,without invalidating the Contract, and without relieving or releasing the Contractor from any of the obligations wider the Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of the guaranty bonds. No limit will be fixed and no Change Order will be required for such increased or decreased quantities nor shall any adjustment in unit prices be allowed,provided the net monetary value of all such additive and subtractive change in quantities of such items of Work shall not increase or decrease the original total Contract Price by more than twenty-five percent (25%). 12. Each Bidder shall submit with its Bid a certified check, cashier's check on a solvent bank, or an acceptable bidding bond, in the amount of five percent (5%) of the total bid amount shown on the Bid. This security shall be made payable to the City and will serve as a guarantee that the Bidder will file all bonds and securities required and enter into any Contract awarded to Bidder in accordance with the terms of the Bid within ten (10) days after notice of award. If the successful Bidder fails to execute and deliver the Contract and furnish the required bonds within ten(10) days after the notice of award, the City may consider the Bidder to be in default, annul the notice of award, and the bid security of that Bidder shall be forfeited as liquidated damages and the money derived therefrom will be turned to the use of the City. 3 13. Bids shall be sealed, the outside of the envelope marked with the title of the project, and addressed to the City. The City's name and address, and the time and place for submission of Bids, are shown in the "Request for Bids." Bids received after the specified time will be returned, unopened, to the Bidder. Bids submitted by facsimile will not be accepted. 14. All Bids will remain subject to acceptance for sixty(60) days after the day of the Bid opening,but the City may, in its sole discretion, release any Bid security prior to that date. 15. Bidders are requested to be present at the opening of Bids. All Bids shall be made and received with the express understanding that the Bidder accepts the terms and conditions set forth in these instructions and the other Contract Documents. 16. Before award of the Contract,the successful Bidder will be required to satisfy the City as to the Bidder's experience and competence to construct the Work, the Bidder's integrity and reliability in carrying out the provisions of its performance bond, and the Bidder's resources for the vigorous prosecution of the Work 17. At the time of Bid submission, each Bidder must either: a. Be licensed with the City as a Class A, B, or C—General Contractor, or a Specialty Demolition Contractor; or b. Demonstrate its ability within ten (10) days of the City's issuance of a Notice of Award, and in accordance with Salina Code Section 8-173, to obtain a Class A, B, or C—General Contractor license, or a Specialty Demolition Contractor license,by designating an individual who is associated with the Bidder as an owner, officer, director, or employee and active in the building decisions of the Bidder and who, at the time of Bid submission, has either: L Obtained the appropriate certificate of competence for the Class A, B, or C —General Contractor license, or a Specialty Demolition Contractor, with a minimum score of 75% from a nationally-recognized testing institution as contemplated by K.S.A. 12-1556, or the equivalent tests as administered by the International Code Council; or ii. Obtained a bachelor's degree in engineering, architecture, construction management or construction science from an accredited college or university. 18. All Bids must be regular in every respect and no interlineations, excisions, additions, deletions, alterations or special conditions shall be made on or included with the Bid form. If the Work is divided into two or more parts, the Bidder shall not tie the bids for the various parts of the Work together in any manner. Any Bid not conforming to these requirements will be rejected. 19. No Bid will be accepted from any person or firm who is in arrears to the City of Salina, Kansas upon debt of contract, who is in default as surety or otherwise upon any obligation to the 4 City, or who has failed in previous contracts to comply with the requirements of the specifications and to fulfill its contracts. 20. Questions regarding these Instructions to Bidders or the other Contract Documents shall be submitted in writing to the Project Manager no later than seven (7) days prior to the opening of Bids. The Project Manager shall respond in writing, via email or facsimile, to all plan holders in an expeditious manner, and no later than three (3)days prior to the opening of Bids. All questions concerning this project during the bidding process shall be forwarded to the Project Managers listed below. Sean Pilcher, Building Official 300 W, Ash, Room 205 P.O. Box 736 Salina, KS 67402-0736 Telephone Number: 785-309-5715 E-mail : sean.pilcher@salina.org Lauren Driscoll, Director, Community & Development Services 300 W Ash, Room 205 P.O. Box 736 Salina, KS 67402-0736 Telephone Number : 785-309-5715 E-mail: lauren.driscoll@salina.org 5 BI©FORM TO nM BOARD OF CaMMISSIONBRS CITY OF SAUNA,KANSAS Project No.: DS 19400'Z Project.Name: Demolition of Residential Strucdue Cm missioners:Dr.Trent Darts Mayan,Karl F.Ryna,dee Hey,Me=Hodges,Mhe 1. HnPP The undersigned Bidder proposes and agrees, U this Bid is accepted, to e81W into a Contract with the City to perform all Work as speafied or in the propomd Contract Daus for the parkas and within ft times indicated in dais Bid and in accordance with the otherterms and dons Of the ps+oposod CantractDorxaaents. 2 BUderni Adbmmbdmmb. Bidder accepts all of the terms and oossditkm of the hrsinsctions to Bidders, including widsout limitation drone dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening.our for such lopser Period of time that Bider may agree to in writing upon request by the City. Bidder will sign and deliver the required number of counWPMU of the Contract with the bonds and other required dacumeots,within ten(10)days after the date of the[Sty's notifieadon of award. 3. Nddg2 In submk tri dds Bid,Bidder represents dmC a. Bidder cerdfm that(1)it holds a Class A.B.at C—General C license-or a Specialty Dermolftiars Contractor Hearse,wlth the City of Salina, or(2)Pursuant to SaHm Code Section 9-173,the Bidder has the ability,within teen(10)dales of the City's notification of award, and without any prospective testing or mon,to qualify for a Class A. B. or C — Gonad Co®tractor license or a Specialty Demolition Contractor license. b. Bidder has corefiilly reviewed the proposed CaasEract Documents,and the fallowing addends,receipt of which is hereby admowledgod: 1. 2 3. Bidder ids and apm that is signing this Bid, Bidder waives all right to plead any misund�to"d�ng regardlog the Contract Domuumb or the above- rafermced addenda. 6 c. Bidder has visited the Site and has become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. d. Bidder has given Project Manager Written Notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the proposed Contmct Documents,and the Project Manager's written explanation is acceptable to Bidder. 4. .Bid Price. Bidder will complete the Work one property as specified in this Bid and in agcordpce with the ontract Documents for the lump-sum amount of itemized as follows: Tract Address Legal Description Itemized Amount 1 540 W Iron The South One Hundred (100)feet of Lot House & Fifteen (15), Surveyor's Plat B,City of detached Salina, Saline County,Kansas accessory building(s) TOTAL BID AMOUNT s—A 0 e-) S. Rights to Saivsage Materials, If awarded a Contract,Bidder will become the owner of all materials salvaged from the structures at the time of demolition. Accordingly, Bidder represents that, in calculating its Bid amount, Bidder has accounted for the estimated value of salvage materials, if any,from the structures. 6. Time of Com letion. Bidder agrees that the Work on the property will be completed and ready for final payment in accordance with the Contract Documents within ninety (90) calendar days after issuance of the Notice to Procced. Bidder accepts the provisions of the Contract as to liquidated damages. 7. Defers. Terms used in this Bid shall have the meanings assigned to them in the General Clauses included with the proposed Contract Documents. 7 S. Endesgres. BIDDER HAS INCLUDED WITH THIS BID SUBMITTAL THE REQUIRED BID SECURITY,AS SPECIFIED IN THE INSTRUCTIONS TO BIDDERS. NAME OF BIDDER: ADDRESS: r �' E-MAIL ADDRESS: s B TITLE: DATE SUBMITTED: I CONTRACT BETWEEN THE CITY OF SALINA, KANSAS and Excel Dirt and Excavating for DEMOLITION OF DANGEROUS RESIDENTIAL STRUCTURE This Contract is entered into December 13, 2019 by and between the City of Salina, Kansas, (the"City") and Excel Dirt and Excavating(the"Contractor). Recitals A. The City desires to contract for the demolition and site clearance of a certain dangerous residential structure located in Salina,Kansas(the"Project")in compliance with federal,state, and local regulations. B. The Contractor has the requisite qualifications and experience to construct the Project for the City and desires to perform those services pursuant to the terms of this Contract. The parties, in consideration of the mutual promises set forth in this Contract,agree and covenant: 1. Definitions. Except as otherwise provided herein,capitalized words used in this Contract shall have the meanings indicted in the General Clauses. 2. Contract Documents. This Contract, together with the following documents and any Change Orders issued after execution of this Contract, slfll comprise the "Contract Documents" for the Project: Mark with"X"if applicable: Request for Bids Instructions to Bidders Bid Form Performance Bond Statutory Payment Bond Specifications Drawings 7 General Clauses Notice to Proceed(to be issued) Certificate of Completion(to be issued) Other: F] 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 I z aapunwoq paatnbaa a2t,aaA03 aqj�Iut1oa33e s;uawasaopua Ile put,Xuu 2utpnl3ut `jouAuoD stgj of juunsand aojoealuoD agl.iq paanootd satotlod a3usansut Ile 3o satdo3 paUtlaao ajoldwoo aalnbat of lo!.t aqj sanmosw AuD oiU •loealuo:) snp ut sluawattnbw aouEmsut otp tlpt.m aauetldwo3 5utauaptn3 pure aaploH alt,agtj100 ag1 se S110 aqj 'Rutjstl o3uemsut 3o ojeagtj-tao 12 g}1m 40 aqj pap!Aotd seg .tolot,nuoD agl lt,gl a2polmotgoE satjaed agj •a3u12msul30aleagtlta3 •E•g •paAIO.%ut a3ut,answjo ad,(j agj 103 prepuels paaaptsu03.(IlsaauoS on se suotstAwd Bons utejuoo pue tuao3 dans ut aq Ilsgs sato1lod Bons Ile `sosnelo lt,aauag aqj ut pagtaads ost.u gjo se jdaoxg •susuE}l 3o Dims agl ut palutwpu pue `optna aau12ansut ;sisag, luaoa.z lsow aqj ut IIA -a uegj ssal ou polEa satuedwoo oout,msut Aq ponsst aq pegs sasotlod oomunsut Ildu�1rd •7•9 •e(1tltqu!Ijo aojasaluoo ag1 a.,tw1w lou llugs pure suoisiAwd so swawaatnbaa osagl3o aD,ttem 12 su ponAsuoa aq lou[lugs sw3tawtnbaa asagl g1s:M :{Idutoo of saojn4mogns sjt ao aoj3eguoZ) ag13o amlte3 •sasnulo leiaua() ay1 ut pogtoods ss o2womo aoueansut utelQo of aol3t,.4uo3gns gins goea aatnbaa Ileus aoj3t,aluo2) Dill `1oEaluoZ) still aapun suotjt,9tlgo sp 3o Xue slorguoagns iolm.quoo ag131 ''(jtD ayj 3o IeAoiddE ioud ag1 jnogu.%t suotluogtaads asagj wo.g aguetlo .to uotleogtpow 112taajsut Are arw jou I[utls puE `sosnt,lD lt,aauao aqj ut pogtoods sE a$Eaa:OO oout,ansut tnelgo of saoAv mprijuoo agl, -a EaanoD 3o junowd put, so,-- .l-g •s;uatua.tln ail aautunsui •g •amlan.us Bons goea ao3 juawaaa2V stgl.(q paatnbw laom otp 3o oouewao3aad In3y11123 pue .{lawn `alaldwoo 1Ilt>3 s,.torm4uoj agj 104e s.�vp (00 ftl.tttp unplAt amjonals govo ao3 lunoun pug paztutalt otp soP=uoD Dill.(12d IlEgs•(u0 aLp sluotunooct 13eaju00 ag1 ut paut121u00 ue.tluo3 aqj 01 Wutgj;WL, Su1puejstlu:►40X pug s;.tojot,-i.1uoz) 011 gu.A a3ttepa033e ut `OAT ejuasaadaa palett�tsop sttl ao `aa�Ettelr�'uta aqj.(q pog11ta3 slunowE agl ut puE slt,.iaalut palels le `aolorguoo atll anp sums ao wns aqj.(sd IIEys.{1lD aqj_ •jua� •S -sosnelD leaauaD aqj tpjm amupmot,in `-00'05 -3o junowu ag1 ut;t1j,D agl of saat,wep polePlnbtl :(ed o1 saaa a aoj3e11uo:)agj`uogaldwoo Inug3o olvogtj.ta3 agj ut poxg se luaLu(t,d lt,ug ao3 Apaaa pue polaldwo3 st Ito;,k1 aqj plan luawSt,d Ieug ao3 ssoutpuoi puE uotpoldwoo ao3 pug agl ut pagtaads aw11 alp.ta}le saatdxo Imp .(up goua ao3 puE `uogotdwoo letluejsgnS 3o meogtjm agl ut poxg st, alaldwoo nlletluelsgns s[ 7lao;}j 2qj ttjun uotlaldwoo lelluelsgnS .10i pug s,aolou-nuoD aqj ut pogtoods atug Dip aagu saatdxo 1Eg1:(ep gasa ao3 `0 ao3a.tatLL •owp uo pajolclum jou st 3lao,4A agj 3t :uto oql Aq pangns ssot 1en13e mp gutpaaaoad 112Bal t,ut 2utnoad ut pa=t.lonut saltlnoJ3tp puE `asuadxo `s.{Flap agj azlusooaa osis satjaed Dila sasnelo 112aauag ayl 41P+n aaUEpa033e ut pa.vtolle 3oaaagl suotsualxa .(ue snld `pug s,aoimmuoD Dill ut pagtaads(s)owq aqj uttlipm a0 (s)ojep oql aaojaq ao uo palaldwoo lou st 3I.to)kA ag131 ssol tetoueuU aa33ns lllm .{ltd agl lt,gl ortu;3ooaa satj.red atll, •sa ewe(jpajvptn tZ •E•t, •softwep paleptnbll of se 1oe4uoo agj3o suotsznoad otp slda33e aojauquo:) •paaooad of ootpoK oql 3o aouensst aa13e s.(vp mPualt,o(06)Alautu WPM swoutnoo(I ImiluoD agl gjIm anuepao3oe ul;uaut,(t,d leug ao3 Apeaa pue popldwo3 aq 111m ,(jaadwd aqj uo 3Iaork1 Dip 112gj saaaffiE aojouluoD •z•f •lot,aluo0 stg13o 03uassa ag13o Dae slu3wn3o(I 1o12ajuo7 ayj ut pajt,js se juouiXud leug ao3 ssoutpiew puE uotjatdwoo puE `uoualdwoD 1e1lue1sgnS `Xue 3t `souolsoM ao3 sltwtl awtl aqj 3o Ili' •aauassg aqj 3o st awi,i -I.-P •satuts uoljat woZ) pue ainpag3S. •l, •sjuawnaoCl 1ouguoo 3g1 ut PIEatput se NaoAl Dill 01 SM101 jegl 01tS aqj 112 saatgo puE ntmo nq pauuo3aad oq of 3Iao jo amjsu;Eaauag ot43o ansm awo3aq(a)pus'-taoX Dill 3o oouetuao3.tad puE ssaa wd `jsoo loogla :(t,w ;sill su0111pu03 ails Puv `112301 `It,aaua2 ayj 01 se pogstlt,s st pup qj!m aetlrwe3 awoaaq puE alts DIP paltstA(q)'sluatunoo(l 1o12aluoD aqj ut pagpuopt Ejt,p I InImw to Persons or Damaae to Properly. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall immediately notify the City's Risk Management Department at(785)309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City,its agents,representatives,officers,officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment,or destruction of property,including loss of use resulting therefrom,to the extent that such claims,damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, errors, mistakes, omissions, or defective work or services of the Contractor,its employees,agents,or any tier of subcontractors in the performance of this Contract. 9. Voluntary Termination. See General Clauses. 10. Default. See General Clauses. 11. Remedies. See General Clauses. 12. Non-Astable. Due to the unique qualifications and capabilities of the Contractor,neither the rights nor responsibilities provided for under this Contract shall be assignable by either party, either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail,return receipt requested,or by generally recognized,prepaid,commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but if the receipt is not returned within five(5)days,then three(3)days after mailed,if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City of Salina Attn: Sean Pilcher,Building Official 300 W.Ash St.,P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR: Excel Dirt and Excavating 2100 E Schilling 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 this Contract (the "Retention Period"); provided,however,that if any litigation,claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved,without right of further appeal. During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Contract. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and 3 verifying the nature and amount of all costs and expenses incurred under this Contract. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes,subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Contract, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Contract are performed and rendered m 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. Subcontractine. See General Clauses. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state,and local law in the performance of this Contract. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors,if any,agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Contract because of race,sex,religion,age,color,national origin,ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the city's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended,in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Contract and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: 4 (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 attomey fees and expenses from the non prevailing party, in addition to any other amounts to which it may be entitled 22. Richt to Independent Legal Advice. The Contractor understands and aclasowledges the right to have this Contract reviewed by legal counsel ofthe Contractor's choice. 23. Applicable Law; Venue. This Contract and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Contract,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Contract shall be interpreted according to its fair meaning,and not in favor of or against any party. 25. Time. Time is of the essence of this Cont act No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Contract shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Contract has full and legal authority to bind such party to the terms of this Contract, and that the execution and delivery of this Contract have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Contract shall extend to and bind the heirs,executors,administrators, trustees,successors and authorized assigns of the parties hereto. 29. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived,or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought. 31. Waiver. No failure or delay by a parry hereto to insist on the strict performance of any term of this Contact,or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract, but each and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding arbitration. 5 33. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this Contract. There are no intended third party beneficiaries under this Contract, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete,conclusive and final expression of all the conditions of their Contract. No other promises, statements, warranties, agreements or understandings,oral or written,made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. 6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF SALINA,KANSAS CONTRACTOR By. J< V� By. Trent W.Davis,M.6--,Mayor \A r i {name) (title) Attest. Shandi Wicks,CMC,City Clerk Form: Lfe, Le ounsel s 7 City of Salina,Kansas PERFORMANCE BOND "CONTRACTOR" (Name and Address): "SURETY"(Name and Principal Place of Business): Excel Dirt and Excavating Lexon Insurance Company 2100 E Schilling 12890 Lebanon Road Salina,KS 67401 Mt. Juliet,TN 37112 "CITY": "PERFORMANCE BOND": City of Salina Bond Number: LICX1175086 P.O. Box 736 Bond Amount: $19,000 Salina,KS 67402-0736 Bond Date*: December 13, 2019 *not earlier than Contract date stated below 1. The Contractor has, on the 13th day of December, 2019, entered into contract with the City ("Contract"), for the furnishing of all materials and labor and doing all the work of whatever kind necessary to construct certain improvements for the City, which are generally described as follows: Demolition of a dangerous structure and accesgo buildings located at 540 W Iron Salina, KS all in accordance with the detailed plans and specifications for such w rkGkoon file in the office of the City, and in accordance with the Contract. ,i 2. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigt> to the City for the performance of the Contract,which is incorporated herein by reference. 3. If the Contractor perfdrms and fulfill°sr,all of the undertakings, covenants, terms, conditions, and agreementsf the Contract, the Surety and the Contractor shall have no further obligation under this Performance Bond. 4. The Surety's obligation under this Performance Bond shall arise after the City has declared a Contractor Default as defined below, formally terminated the Contract or the Contractor's right to complete the Contract, and notified the Surety of the City's claim under this Performance Bond. 5. When the City has satistiect the conditions of Paragraph 4 above, the Surety shall, at the Surety's sole cost and expense, undertake one or more of the following actions: 5.1. Arrange for the Contractor to perform and complete the Contract,provided, however, that the Surety may not proceed with this option, except upon the express written consent of the City, which consent may be withheld by the City for any reason; 8 ` Bond#LICX1175086 nN Document 0312 - 2010 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Excel Dirt&Excavating,LLC Lexon Insurance Company 2100 E.Schilling Road 12890 Lebanon Road Salina, KS 67401 Mt.Juliet, TN 37122 This document has important legal consequences. Consultation with and attorney is encouraged with OWNER: respect to Its completion or (Nears,legal status and address) modification. City of Salina Any Singular reference to P.O.Box 736 Contractor,surety,Owner or Salina, KS 67402 other party shall be consldered plural where appllcable. CONSTRUCTION CONTRACT AIADocumeotA312--2010 Date: *' combines two separab hands,a Performance Bond and a Payment Amount: Nineteen Thousand Dollars 001100($19,000.00) Bond,Into one form.This is nota single combined Performance and Description: Demolition of 540 W.Iron Avenue, Salina,KS 67401 Payment Bond. Project No.19-0002 BOND Date: December 13,2019 (Not earlier then Construction Contract Date) Amount:Nineteen Thousand Dollars 001100($19,000.00) Modifications to this Bond: ® None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Compan (Corporate Seal) Excel Dirt&Ext. ating,LLC Lexon suran mpany Signature: Sign ure: Name a Cr 'g S erman-Attorney-in-Fact and Title: and TI (anyadditronal signatures appear on the last page of this Perlamrance Bond.) (FOR INFORMATION ONLY-Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Bond Brokers,Inc. (ARCHITECT,Engineer or other party.) 6160 N.Cicero Ave.,Suite 610 Chicago,IL 60646 773.736.2320 773.736.0835 FAX TM [nit. Document A312 - 2010. The American Institute of Architects. 061110 1 P §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors.administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by referenoc- !2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bondi,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss alae Contractor's performance.If the Owner does not request a confer and e,the Surety may,within five(5)busiriess days after receipt of the owner's notice, request such a con rerence.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (1 d)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety ugrec.the Contractor shall be allowed a reasonable time to perforin the Construction Contract, but such an agreement shall not waive the Owner's right,irany,subsequently to declare a Conit-ector Default; .2 the Owner declares a Contractor Default,tenninates the Construction Contract and notifies the Suety, .and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with tate teras of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the hart or the Owner to comply with the notice requirement in Section 3.1 shall not constitute a faih2re to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety slrsdl promptly and at the Surety's expense calor one of the following actions: §5.1 Arrange for the Contractor,with the consent orthe Owner,to perform and complete the Construction Contract; §5.2 Undertalte to perform and complete the Comstruction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perforrnance and completion of the Construction Contract,arrange for a contract to be prcpnred for execution by the Owner and a contractor selected with the Owner's concurrence,to be sectored with performance and payment bonds executed by a qualified)surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circurnstances: .1 Atter Investigation,determine the amount for which it may be liable to Etre Owner and,as soon as practicable after the amount is determined,make payment to the Owner,or 2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §G If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Ownersholl be entitled to enlbrde any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and The Owner refuses the payment or the Surety has denied)liability,in whole or in part,without further notice die Owner shall be entitled to enforce any remedy available to the owner. tntt AM traeunrent A312-—207a.TtM Am don MdAWe atAml tads. 2 1 I §7 IFthe Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract;and the responsibilities ofthe Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for connect ion nl'defective work and completion of the CanSlruction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting front the action;or failure to act of the Surety tender Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-perforniance ofthe Contractor. §8 If the Surety elects to act under Section 3.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are unminted to the Construction Contract,and the Balance of the Contract Trice shalt not be reduced or set off on account of any such unrelated obligations.No right of action shall act-nip on this Bond to any person or entity other than the Owner or its heirs,executors,administrators.successors and assigns. §11)The Surety hereby waives notice ofany change,including changes of tune!to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,tinder this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the wort`is located and shall be instituted within two years after a declaration of Contractor Default or within two years aper the Contractor ceased working or within two years atter the Surety, refuses or fails to pet'form its obligations under this Band,whichever occurs first,If the provisions of this Paragraph are void or prohibited by lave,the mWinum period of'limitation available to sureties as a defense in the,jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Conauctor shall be trailed or delivered to the address shown on the page on which their signature appears. §13 Men this pond has been furnish to comply with a statutory or other leapt requirement in the location where the construction was to be perrornied,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond_ §14 Definitions §141 Balance of the Contract Frlce.The total amount payable by the Owner to the Contractor under Ole Construction Contract atter all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims fbr damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract,The:agreement between the Owner and Contractor identified on the cover pate, including all Contract Documents and changes made to the agreement and the Contract'Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or wnived_to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Debult.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perfbrm and complete or comply with the other material terms of the Construction Contact, §1.4.5 Contract Documents_All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Band shall be deemed to be S«bcontracturand die term(honer shall be deemed to be Contractor. IntL, AIA oxument A31210-2010.Tim American Inghwe of Afdihacte. 3 §16 Modifications to this band ase ass folla•►vs: (spam is pi-ovickd belmvf©a•crMtional s4mtzri•�s of addedpanies,anter chart ilrose op elm iarg an tlr�cbverPug�.J CONTRACTOR AS PR1NC AL SURETY Company: fCa€porale Seal) Company: (Corpomle Seal) Signature: Signature: Nance and Titlen v !`lame and Title. Address qr Addrmss CAUTION:You should sign on original AIA Contract Document,on which this text appears In RED.An original assures that chimes wM not be obscured. AIA Dommont A31270—2010.The Amatiaan lnd of AmNlecle. in1t. ,q, Bond# LICX1175086 rnt Document A312 - 2010 fr Trt Payment Bond 7�!Slz CONTRACTOR: SURETY: (Nine,legal status and address) (Name,legal status and principal place of badness) Excel Dirt 8r Excavating,LLC Lexon Insurance Company 2100 E.Schilling Road 12890 Lebanon Road Salina, KS 67401 Mt.Juliet, TN 37122 This document has important legal consequences. Consubtlon with and attorney is enraged with OWNER: respect to its oompleBon or (Name,legal status and address) modification. City of Salina Any Singular relerence to P.O.Box 736 contractor, surety, Owner or Salina, KS 67402 other party shall beoomsidered Mural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date: combines two separate bonds,a Performance Bard and a Payment Amount:Nineteen Thousand Dollars 001100 ($19,000.00) Bond,into one form,This is rota single combined Performance and Description: Demolition of 540 W.Iron Avenue, Salina,KS 67401 Payment Bond. Project No.19-0002cap 14- , BOND _ ' Date: December 13,2019 0% (Not earlier then Constnrctlon contract Date) r O Amount:Nineteen Thousand Dollars 001100 ($19,000.00) ui Modifications to this Bond: ® None ® See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: qig (Cotpomte Seal) Excel Dirt 8 Ex ng,LLC InsuSignature: QNg..,�Lexon lure: Name NamermanlAttomey-in-Fact ana d 110: ano I we: (any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY-Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Bond Brokers,Inc. (ARCHITECT,Engineer or other party.) 6160 N.Cicero Ave.,Suite 610 Chicago,IL 60646 M-736-2320 773-736-0835 FAX TM Init. Document A312 2010. The American Institute of Architects. 061110 5 §I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to file Owner to pay for labors materials and equipment;Furnished for use in the performance of the Construction Contract,which is hwaTorated herein by reference,subject to the following terms. §2 if the Contractor promptly makes payment of of I sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished far use in the performance of the Construction Contract,then the Surety and the Contractor shell have no obligation under this Band. §3 JIM=is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at tite address described in Section 13) ofelaims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished fair use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety_ §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Band shall arise after the Following: 6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last rurnished materials or equipment included in the Claire;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claire to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to famish a written notice of non-payment under Section 5.1.1. §7 When a Claimant bas.satisfied the ccmditions of Sections 5.1 or 5.2,whiebt ver is applicable,the Surety shall promptly and at the Surety's expense tape the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days After receipt of die Claim, stating the amounts that are undisputed and the basis fur challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.7 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety wid Claimant have reached agreement.ll',however,the Surety rails to discharge its obligations under Section 7.1 or Section 73,the Surely shal I indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thercafier to recover any sums round to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Hand,plus the amount of reasonable attorrtny's fees provided under Section 7.3,and the amount oFtlris Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under tine Construction Contract Shall be used for the perfor=mance of the Construction Contract and to satisfy claims,iFany,under any construction perfornance bond.By the Contractor furnishing and tic Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Ownees priority to use the funds for the campletion of the work. tttlt. AIA Document A3121a'-2010.The Amadcon IP911M or ArcMads. §10 The Surely shall not be liable to the Owner,Claimants or others for obligations orthe Contractor that are unrelated to the Construction Contract.The Owner shell not be liable for the payment ofony costs or expenses of any Claimant tinder this Bond,and shall have:under this Bond no obligation to snake payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants tinder this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 Pio suit or action shall be commented by a Claimant under this Bond other than in it court of competent jurisdiction in the state in which the project tical is the subject of the Construction Contract is located or after the expiration orone year fxom the date(1)on which:[lie Claimant sent a Clams to the Surety pursuant to Section 5.1.2 or 5 2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.if the provisions of this Paragraph are void or prohibited by law,the minimum period orliMilatiOn available to sureties as a defense a in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page an which their signature appears.Actual receipt of notice or Claims,however accomplished,shrill be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Band conflicting with said statutory or legal requirm=t shall be tdeenred deleted herefrorn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be constmed as a statutory bond and not as a common law bond. 115 tlpott request by any person or entity appearing to be a pote=ntial beneficiary or this Bored,the Contractor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name or the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use In the performance of the Construction Contract: A a brief description orrhe labor,materials or equipment rurnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance or the Construction Contract; .6 the total amount earned by the Claimant for labor,materials orequipment furnished as or[lie:date of the Claim; .7 the total amount.of previous payments received by the Claimant;and .8 the total amount slue and unpaid to the Claimant for labor,materials or equipment furnished as or the date or the Claim. §18.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subconcructor or the Coatrsctor to furnish labor,materials or equipment for use in the performance or ft Construction Contract.The terra Cla'sment also includes any individual or entity that has rdghlfully asserted a claim under an applicable meehanic's lien or similar statute against the read property upon which the Project is located.71m.intent orthis Bond shall be to include without lirnitadon in the terms"labor,materials or equipment"that part orwater,gas,power..light,treat,oil, gawline,telephone service or rental equipment used in the Construction Contract.architectural and engineering services required far performance of the work of the Contractor and the Contractor's subcontractors.and all other isms for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment lucre furnished. §16.3 Construction Contra&The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to site agreement and the Contract Documents. (nit. A(A Ebcum ant A31 x m—2010.1is Amer€cm scissure or Arcdtteft 7 §16A Omer l3efaWL Failure oftbe Owner,which has not been rernedied or waived,to Pay the Contractor as required carder the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §18.5 Contract Documents.All the docunierlts that comprise the agreement between the Owner and Contractor. §171i'tliis Bond is issued for an agreernernt between s Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18?Modifications to this bond are as follows: (Spare is provided helm for adtliiional signrrturw of'a&fed prarties, Other jha)r those appearing An the cover page) CoNTRACTORAS PRINC L SURETY Company: Orpo erre Sent) C©tnpttny: (Corporate Seal} Signature: Marne and Title 'Marne and Title: Address Address CAIMON:You should sign ars original AIA Contract Document;on which this twN appear=in REO.An original assures lust changes will not be obscured. (nit.. AIA v=ument A3121'«-71!10.The Amw[c In tnslkM or AtchheMs. $ I STATE OF ILLINOIS ( SS COUNTY OF COOK 1,Karen N.Genoff A Notary of Public of Cook County, State of Illinois do Hereby Certify that Craig Sherman Attorney in Fact of Lexon Insurance Company Who is Personally Known to me to be the Same Person Whose Name is Subscribed to the Foregoing Instrument, Appeared Before Me This Day in person and Acknowledged That he Signed, Sealed, and Delivered Said Instrument,For and on Behalf of Lexon Insurance Company Incorporated in the State of Texas for the Uses and Purposes Therein Set Forth. Given Under My Hand and Notarial Seal at My Office in Chicago,Illinois in Said County This 13th Day of December 2019 My Commission Expires NOTARY Genoff OFFICIAL SEAL KAREN N:GENOFF NOTARY PUBLIC-STATEOF.ILLIIIOIS My Commission Expires 05-41-2022 POWER OF ATTORNEY LX- 1247 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS,that LEXON INSURANCE COMPANY,a Texas Corporation,with its statutory home office in Austin, Texas, does hereby constitute and appoint Ted Sherman, Craig Sherman, Karen Genoff its true and lawful Attomey(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July,2003 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds,undertakings, policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,0()0,000.00, Five Million Dollars,which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In- Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attomey granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President,and its Corporate Seal to be affixed this 22nd day of June,2018. LEXON INSURANCE COMPANY SEABYIr .K Brian Beggs President ACKNOWLEDGEMENT On this 22nd day of June,2018,before me,personally came Brian Beggs to me known,who be duly sworn,did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. rlr4' AMY TAYLOR Notary Puhlio-State of Tennessee BY —all - , - Davidson county Amy ylor my commission Expires 07-08-19 Nota Public 4lern ut CERTIFICATE 1, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet,Tennessee this Day of ,20—. y BY S F A i Andrew Smith Assistant Secretary "WARNING:Any person who knowingly and with Intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false Information, or conceals for the purpose of misleading, Information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." DDN �'►� CERTIFICATE OF LIABILITY INSURANCE FDATE{MN12!16!120192019YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND,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 ENSURED,the policy(ies)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 on endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER NAME: Lindsey Stam Assurance Partners PHON u (800)563-1871 A (785)825-5098 201 E Iron Avenue ADDRESS:MAIL IstumCyourassurance.cam P.O.Box 1213 INSURERS)AFFORDING COVERAGE NAIC r/ Salina KS 67402-1213 INSURERA Allied Insurance Company ofAmerica 10127 INSURED INSURER B: Westchester Surplus Lines Insurance Company 10172 Excel Dirt&Excavating LLC INSURER C: 2100 E Schilling INSURER D: INSURER E: Salina KS 67401 INSURER F COVERAGES CERTIFICATE NUMBER, 18.20 All Lines Pollution REVISION NUMBER: THIS IS TO CERTIFY TWAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !LTR TYPE OF INSURANCE p yyyp POLICY NUMBER MMID MMIDDIY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000 CLAIMS MADE 19 OCCUR PREMISES ccu (Ea orrence $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y ACP3028541477 1210912019 12/09/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [g PRO- LOC PRODUCTS-COMP/OPAGG S 2,000,000 JECTS OTHER: AUTOMOBILE LIABILITY Fa M.clidentSINGLELIM $ 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ A OWNEDSCHEDULED Y Y ACP3028541477 12109/2019 17109/2020 800IIYINJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Par accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB HCLAIMS-MADE ACP3028541477 12/08/2019 12/09!2020 AGGREGATE $ 3,000,000 DEO I I RETENTION$ _ $ WORKERS COMPENSATION X1 STATUTE ETH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE E.L,EACH ACCIDENT $ 500 000 A OFFICERIMEMBER EXCLUDED? L NIA ACP3028541477 12/09/2019 12/09/2020 (Mandakwy in NH) E.L.DISEASE-EA EMPLOYEE S 504,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Oocurence $1,000,000 B Pollution Liability Y G71780017 001 11/14/2018 11/14/2020 Deductible $5,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Addidonal Remarks Schedule,may be sttachad R more apace Is required) City of Saline is named as additional insured with regard to the General Liability,Auto Liability and Pollution Liability.Waiver of Subrogation Is added to the General and Auto Liability for City of Salina as allowed by state statute,to the extent provided in the attached forms. AC7005,CG7323 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. 300 W.Ash AUTHORIZED REPRESENTATIVE Salina KS 67401 �GlUu� ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO AC 70 05 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as insureds—Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments—Bail Bonds F. Supplementary Payments—Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage 1. Fellow Employee—Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos—Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts— Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense—Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV— Business Auto Conditions— Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 with its permission a COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy is modified agreement referenced in the paragraph above, by the provisions of this endorsement. If there any coverage provided by this endorsement to is any conflict between the provisions of this an additional insured shall be primary and endorsement and the provision(s) of any state- any other valid and collectible insurance avail- specific endorsement also attached to this poli- able to the additional insured shall be non- cy, then the provision(s) of the state-specific contributory with this insurance. If the written endorsement shall apply instead of the provi- contract does not require this coverage to be sions of this endorsement that are in conflict, primary and the additional insureds coverage to but only to the extent of the conflict, and only to be non-contributory, then this insurance will be the extent necessary to bring such provisions excess over any other valid and collectible insur- into conformance with the state requirement(s) ance available to the additional insured. contained in the provision(s)of the state-specific endorsement. E. SUPPLEMENTARY PAYMENTS - BAIL B. NEWLY ACQUIRED OR FORMED ENTITIES BONDS The Named Insured shown in the Declarations is Supplementary Payments of SECTION II amended to include any organization you newly COVERED AUTOS LIABILITY COVERAGE is acquire or form, other than a partnership, joint revised as follows: venture, or limited liability company, and over (2) Up to$2,500 for cost of bail bonds(including which you maintain ownership or majority (more bonds for related traffic law violations) than 50%) interest; if there is no other similar in- required because of an "accident" we cover. surance available to that organization. Coverage We do not have to furnish these bonds. under this provision is afforded until the 180th F. SUPPLEMENTARY PAYMENTS - LOSS OF day after you acquire or form the organization or EARNINGS the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS -- NONOWNED Supplementary Payments of the SECTION Il AUTOS COVERED AUTOS LIABILITY COVERAGE is revised as follows: The following is added to paragraph A.1. Who Is (4) All reasonable expenses incurred by the "in- An Insured of SECTION II -COVERED AUTOS sured" at our request, including actual loss LIABILITY COVERAGE: of earnings up to $500 a day because of d. Any "employee" of yours is an "insured" time off from work. while using a covered "auto" you don't own, G. PERSONAL EFFECTS AND PROPERTY OF hire or borrow in your business or your per- OTHERS EXTENSION sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, 1• The. Care, Custody or Control Exclusion of PERMIT OR AGREEMENT SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, does not apply to The following is added to A.1. Who Is An In- "property damage" to property, other than sured of SECTION Il - COVERED AUTOS your property, up to an amount not exceed- LIABILITY COVERAGE: ing $250 in any one "accident". Coverage Any person or organization that you are re- is excess over any other valid and collectible quired to name as an additional insured in a insurance. written contract or agreement that is executed 2. The following paragraph is added to A.4. or signed by you prior to a "bodily injury" or Coverage Extensions of SECTION III - "property damage" occurrence is an "insured" PHYSICAL DAMAGE COVERAGE: for Covered Auto Liability coverage. How- c. We will pay up to $500 for your property ever, with respect to covered autos", such that is lost or damaged as a result of a person or organization is an insured only to covered "loss", without applying a de- the extent that person or organization qualifies ductible. Coverage is excess over any as an "insured" under A.1. Who is an Insured of other valid and collectible insurance. SECTION 11 - COVERED AUTOS LIABILITY COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 03 16 with its permission COMMERCIAL AUTO AC 70 05 0316 H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that The following paragraph is added to SECTION II is out of service because of its: - COVERED AUTOS LIABILITY COVERAGE, a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair; Payments: c. Servicing; (7) Prejudgment interest awarded against the d. "Loss'; or "insured" on that part of the judgment we pay. If we make an offer to pay the appli- e. Destruction cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being period of time after the offer. replaced. I. FELLOW EMPLOYEE - OFFICERS, MANAGERS, AND SUPERVISORS L. EXPANDED TOWING COVERAGE The Fellow Employee Exclusion in SECTION II 1. We will pay up to: - COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own of replaced as follows; the private passenger type, or A. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own that the "insured" arising out of and in the course of the fellow "employee's" employment or is not of the private passenger type, while performing duties related to the con- for towing and labor costs incurred each duct of your business. This exclusion does time the covered "auto" is disabled. Howev- not apply to an "insured" who occupies a er, the labor must be performed at the place position as an officer, manager, or supervi- of disablement. sor, 2. This coverage applies only for an "auto" J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or If covered "auto" designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and ply to Liability Coverage and if at least one au- Collision Coverages. to" you own is covered by this policy for Com- 3. Payment applies in addition to the otherwise prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you sion coverages, then the Physical Damage have on a covered"auto". coverages provided are extended to "autos" you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max- up to a limit of $100,000. The deductible will be imum of $500 for early termination fees or equal to the largest deductible applicable to any penalties, for your covered "auto" less: owned "auto" for that coverage. Any Compre- ve deductible does not apply to fire or a. The amount paid under SECTION 111 - hensi ensiPHYSICAL DAMAGE COVERAGE of ing, this policy; and K. TEMPORARY SUBSTITUTE AUTOS - PHYSICAL DAMAGE COVERAGE b. Any: The following is added to paragraph C. Certain 1) Overdue leaselloan payments at the Trailers, Mobile Equipment And Temporary time of the"loss"; Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a AUTOS: lease for excessive use, abnormal It Physical Damage Coverage is provided by wear and tear or high mileage; this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered "autos" for Physi- lessor; cal Damage Coverage: 4) Costs of extended warranties, Credit Any "auto" you do not own while used with Life insurance, Health, Accident, or the permission of its owner as a temporary Disability insurance purchased with the lease; and AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 5) Carry-over balances from previous No deductible applies to glass if the glass is re- leases. paired, in a manner acceptable to us, rather than 2. This coverage only applies to a "loss" which replaced. is also covered under this policy for Com- P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered "au- Collision coverage. to" for which Physical Damage Coverage is 3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement ex- "auto" is not the sole collateral. penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto" because of"loss" to a covered "auto". PARTS — LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you Under Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles SECTION III — PHYSICAL DAMAGE apply to this coverage. COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred 4. We will use new original equipment vehicle during the policy period beginning 24 hours manufacturer parts for any private passen- after the "loss" and ending, regardless of the ger type covered "auto" where required by policy's expiration, with the lesser of the the lease agreement which has a term of at following number of days: least six months. if a new original equip- a. The number of days reasonably ment vehicle manufacturer part is not in pro- required to repair or replace the covered duction or distribution we may use a like, "auto". If "loss" is caused by theft, this kind and quality replacement part. number of days is added to the number O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered The following are added to the Deductible provi- "auto" and return it to you. sion of SECTION III — PHYSICAL DAMAGE b. The number of days shown in the COVERAGE: Schedule. If another policy or coverage form that is not an 4. Our payment is limited to the lesser of the automobile policy or coverage form issued by following amounts: this company applies to the same "accident', the a. Necessary and actual expenses following applies: incurred. 1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there 2. If the deductible under this coverage is not are spare or reserve "autos" available to you the smaller(or smallest) deductible, it will be for your operations. reduced by the amount of the smaller (or 6. if"loss" results from the total theft of a cov- smallest)deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage "loss" from one "accident" involves amount of your rental reimbursement ex- two or more covered "autos", only the highest penses which is not already provided for un- deductible applicable to those coverages will be der SECTION III — PHYSICAL DAMAGE applied to the "accident," if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision only Q. EXPANDED TRANSPORTATION EXPENSE applies if you carry Comprehensive or Specified Paragraph AA.a. of SECTION III — PHYSICAL Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow- and does not extend coverage to any covered "autos" for which you do not carry such ing: coverage We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. COMMERCIAL AUTO AC 70 05 03 16 covered "auto" of the private passenger type. ment manufacturer or other sources in- We will only pay for those covered "autos" for cluding non-original equipment manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment. when the covered "auto" is returned to use or we 5. If we offer to pay the actual cash value of pay for its"loss". the damaged or stolen property, we will R. EXTRA EXPENSE-STOLEN AUTOS value auto advertising wraps, paint customi- The following paragraph is added to Coverage zation, and similar business related advertis- Extensions of SECTION III - PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to $5,000 for the expense wraps, paint customization, and similar of returning a stolen covered "auto" to you. business related advertising modifications We will 'pay only for those covered "autos" will be valued at the cost to replace them for which you carry Comprehensive or Spec- with an adjustment made for depreciation ifed Causes of Loss Coverage and physical condition. S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST Under SECTION III - PHYSICAL DAMAGE The following is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III - PHYSICAL is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident" is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which is a"new vehicle." or stolen property as of the time of the In the event of a total "loss" to your new ve- "loss", or hicle to which this coverage applies, we will b. The cost of repairing or replacing the pay at your option: damaged or stolen property. a. The verifiable "new vehicle" purchase 2. $1500 is the most we will pay for "loss" in price you paid for your damaged vehi- any one "accident" to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits ranties purchased; audio, visual or data signals which, at the b. If it is available, the purchase price, as time of"loss", is: negotiated by us, of a "new vehicle" of a. Permanently installed in or upon the the same make, model, and equipment covered "auto" in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the "auto" manufacturer for the in- equipment not installed by the manufac- staliation of such equipment. turer or manufacturers' dealership; or. b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment; or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total"loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original owner that has not been previ- parts furnished by the original equip- AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the"loss". of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements U. PHYSICAL DAMAGE COVERAGE applies only when the "accident" or EXTENSIONS "loss" is known to: Under SECTION III — PHYSICAL DAMAGE (1) You, if you are an individual; COVERAGE, A. Coverage, Coverage Exten- (2) A partner, if you are a partnership; sions, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability the following: company; or b. Loss of Use Expenses (4) An executive officer or insurance For Hired Auto Physical Damage, we will manager, if you are a corporation. pay expenses for which an "insured" be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or "suit° will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or"suit" is known (1) Other than collision if the Declarations to: indicate that Comprehensive Coverage (1) You, if you are an individual; is provided for any covered"auto"; (2) A partner, if you are a partnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations indicate that Specified liability company; or Causes of Loss Coverage is provided for any covered "auto"; or (4) An executive officer or insurance manager, if you are a corporation. (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." X. HIRED CAR—COVERAGE TERRITORY However, the most we will pay for any Item (5) of the Policy Period, Coverage Territory expenses for loss of use is $50 per day, to a General Conditions is replaced by the following: maximum of$1,500. The insurance provided (5) Anywhere in the world if a covered "auto" is by this provision is excess over any other leased, hired, rented or borrowed without a collectible insurance. driver for a period of 30 days or less;and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCYLOCKOUT AGAINST OTHERS TO US We will reimburse you up to $100 for reasonable The following is added to the Transfer Of Rights expense incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry into your covered "auto" subject to We waive any right of recovery we may these provisions: have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any "accident" be- covered "auto" and you are unable to enter cause of payments we make for damages such "auto" , or under this coverage form. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto" as a re- OCCURRENCE sult, SECTION IV—BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. COMMERCIAL AUTO AC 70 05 03 16 4. Original copies of receipts for services of a If we cancel for any reason other than non- locksmith must be provided before reim- payment of premium, we will mail or deliver bursement is payable. to the First Named Insured written notice of Z. CANCELLATION CONDITION cancellation at least 60 days before the ef- fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply in those states that require CONDITION — CANCELLATION applies more than 60 days prior notice of cancella- except as follows: tion. AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage D. Expanded Property Damage Coverage 1. Under Section I — Coverages, Coverage A 1. For the purposes of this endorsement only: Bodily Injury And Property Damage Section I — Coverages, Coverage A Liability, coverage is extended to include Bodily Injury And Property Damage the following: Liability, 2. Exclusions, Exclusion J. If a customer's master or grand key, Damage To Property is amended as follows: excluding electronic key card, is lost, a. Paragraphs(3), (5), and (6)are deleted damaged or stolen while in your care, in their entirety. custody or control we will pay the cost of b. Paragraph (4) is deleted in its entirety replacing the keys, including the master lock and replaced with: and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or (4) Personal property in the care, the cost to replace the locks, whichever is custody, or control of the insured: less. (a) for storage or sale at premises 2. Limit of Insurance--For the purpose of this you own, rent or occupy; or coverage the most we will pay is $ 10,000 (b) while being transported by any per"occurrence". aircraft, "auto" or watercraft B. Voluntary Property Damage owned or operated by or rented to or loaned to any insured. 1. Section l — Coverages, Coverage A Bodily C. The coverage provided by this Injury And Property Damage Liability, endorsement does not apply to coverage is extended to include the following: "property damage': At your request, we will pay for "property (1) Arising out of the disappearance or damage" to property of others caused by you loss of use of personal property; or and while in your possession, arising out of your business operations and occurring during the (2) Included in the "products-completed policy period. operations hazard". 2. Limit of Insurance—For the purpose of this 2. Limit of Insurance - The most we will pay coverage the most we will pay is$1,500 per for loss arising out of any one "occurrence" "occurrence". is$5,000. C. Non-Owned Watercraft 3. Deductible - Our obligation to pay for a Under Section I — Coverages, Coverage A covered loss applies only to the amount of Bodily Injury And Property Damage Liability, loss in excess of$250. 2. Exclusions, Exclusion g. Aircraft, Auto Or We will pay the deductible amount to effect Watercraft Paragraph (2) (a) is replaced with: settlement of any claire or "suit" and, upon (a) Less than 51 feet long; and notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. v CG 73 23 12 16 This insurance is primary to any expanded d. All reasonable expenses incurred by the property damage coverage provided by a insured at our request to assist us in the separate endorsement attached to this investigation or defense of the claim or policy, and it will supplant any deductible in "suit", including actual loss of earnings up to said endorsement $500 a day because of time off from work. E. Damage To Premises Rented To You G. Newly Formed And Acquired Organizations 1. Under Section I -- Coverages, Coverage A Under SECTION II — WHO IS AN INSURED Bodily Injury And Property Damage Paragraph 3.a. is replaced with: Liability, the last paragraph of 2. a. Coverage under this provision is afforded Exclusions is replaced with: only until the 1801" day after you acquire or If Damage To Premises Rented To You is form the organization or the end of the policy not otherwise excluded, Exclusions c. period, whichever is earlier; through n. do not apply to damage by fire, H. Additional Insured — Automatic Status When lightning, explosion, smoke, or sprinkler Required In An Agreement Or Contract With leakage to premises while rented to you or You temporarily occupied by you with permission Section II — Who Is An Insured is amended to of the owner. include: 2. Under Section III — Limits Of Insurance, 1. Any person(s) or organization(s)described Paragraph 6 is replaced with: in Paragraph a.—d. below with whom you 6. Subject to S. above, the Damage To have agreed in writing in a contract or Premises Rented To You Limit is the written agreement that such person or most we will pay under Coverage A for organization be added as an additional damages because of"property damage" insured on your policy during the policy to any one premises, while rented to period shown in the Declarations. you, or in the case of damage by fire, 2. Any other person or organization you are lightning, explosion, smoke or sprinkler required to add as an additional insured leakage, while rented to you or under the contract or agreement described temporarily occupied by you with in Paragraph 1. above. permission of the owner. The limit is The person or organization added as an increased to $1,000,000. insured by this endorsement is an insured 3. Under Section IV — Commercial General only for liability due to: Liability Conditions, 4. Other Insurance, b. a. Lessors of Leased Equipment — with Excess Insurance (1) (a) (ii) is replaced respect to their liability for"bodily injury", with: "property damage", or "personal and (iii) That is Fire, Lightning, Explosion, Smoke advertising injury", caused in whole or in or Sprinkler leakage insurance for part by your maintenance, operation, or premises rented to you or temporarily use of equipment leased to you by such occupied by you with permission of the person(s) or organization(s). This owner. insurance does not apply to any F. Supplementary Payments "occurrence" which takes place after the Under Section I — Coverages, Supplementary equipment lease expires. Payments — Coverages A and B Paragraphs However, their status as additional 1.b and 1.d. are replaced with: insured under this policy ends when b. Up to $2,500 for cost of bail bonds required their lease, contract, or agreement with because of accidents or traffic law violations you for such leased equipment expires. arising out of the use of any vehicle to which b. Managers or Lessors of Premises — the Bodily Injury Liability Coverage applies. with respect to liability arising out of the We do not have to furnish these bonds. ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 9216 with its permission. CG 73 23 12 16 This insurance does not apply to: (1) Your acts or omissions; or (1) Any "occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; in the that premises. performance of your ongoing (2) Structural alterations, new con- operations performed for that struction, or demolition operations additional insured, whether the work performed by or on behalf of the is performed by you or on your person or organization. behalf. However, their status as additional The insurance does not apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or personal and advertising injury c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises — with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent, failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies. reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications; or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural or engineering activities. holes, driveways, manholes, This exclusion applies even if marquees, hoist away openings, the claims against any insured sidewalk vaults, street banners, or allege negligence or other decorations and similar exposures; wrongdoing in the supervision, or hiring, employment, training or (2) The construction, erection, or monitoring of others by that removal of elevators; or insured, if the "occurrence" (3) The ownership maintenance or use which caused the "bodily injury" of any elevators covered by this or "property damage", or the offense which caused the insurance. "personal and advertising This insurance does not apply to: injury", involved the rendering (1) "Bodily injury" or "property damage" of, or failure to render, any or "personal or advertising injury" professional, architectural, arising out of operations performed engineering, or surveying for the state or municipality; or services. (2) "Bodily injury" or "property damage" (2) "Bodily injury" or "property damage" included within the "products- occurring after: completed operations hazard". (a) All work, including materials, However, such state or political parts, or equipment furnished in subdivision's status as additional connection with such work, on insured under this policy ends when the the project (other than service, permit ends. maintenance, or repairs) to be d. Owners, Lessees, or Contractors — performed by or on behalf of the with respect to liability for"bodily injury", additional Ensured(s) at the location of the covered "property damage", or "personal and operations has been completed; advertising injury" caused in whole or in or part, by: CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. CG 73 23 12 16 (b) That portion of "your work" out b. You have agreed in writing in a contract of which the injury or damage or agreement that this insurance would arises has been put to its be primary and would not seek intended use by any person or contribution from any other insurance organization other than another available to the additional insured. contractor or subcontractor I. Employee Bodily Injury To Another Employee engaged in performing Under Section Il — Who Is An Insured The operations for a principal as a following is added to Paragraph 2.a.(1): part of the same project. However, a person or organization's Paragraphs 2.a.(1) (a), (b) and (c) do not apply status as additional insured under to "bodily injury" to a co-"employee" in the this policy ends when your course of the co-"employee's" employment by operations for that additional insured you, or to "bodily injury" to a co-"volunteer are completed. worker" while performing duties related to the With respect to the insurance afforded to conduct of your business. such additional insureds a. — d. described J. Broad Form Named Insured above, the following is added to Section III Under Section ll — Who Is An Insured The —Limits Of Insurance: following is added to Paragraph 2.: If coverage provided to the additional e. Any business entity incorporated or insured is required by a contract or organized under the laws of the United State agreement, the most we will pay on behalf of of America (including any State thereof), its the additional insured is the amount of territories or possessions, or Canada insurance: (including any Province thereof) in which the 1. Required by the contract or agreement; Named Insured shown in the Declarations or owns, during the policy period, an interest of 2. Available under the applicable Limits of more than fifty percent. If other valid Insurance shown in the Declarations: collectible insurance is available to any whichever is less. business entity covered by this solely by This endorsement shall not increase the reason of ownership by the Named Insured applicable Limits of Insurance shown in the shown in the Declarations in excess of fifty Declarations. percent, this insurance is excess over the However, the insurance afforded to such other insurance, whether primary, excess, additional insureds a.—d. described above: contingent, or on any other basis. 1. Only applies to the extent permitted by K. Aggregate Limit Per Location law; and Under Section III — Limits Of Insurance the 2. Will not be broader than that which you following is added to Paragraph 2: are required by the contract or The General Aggregate Limit under Section III agreement to provide for such additional Limits Of Insurance applies separately to each insured. of your locations owned by or rented to you or 3. Primary and Noncontributory Other temporarily occupied by you with the permission Insurance Conditions of the owner. For the purposes of this provision, The following is added to the Other location means premises involving the same or Insurance Condition and supersedes any connecting lots, or premises whose connection provisions to the contrary: is interrupted only by a public street, roadway, Primary and Noncontributory Insurance waterway or railroad right-of-way. This insurance is primary to and will not L. Aggregate Limit Per Project seek contribution from any other insurance Under Section III — Limits Of Insurance The available to an additional insured under your following paragraph is added to Paragraph 2: policy provided that: The General Aggregate Limit under Section Ill a. The additional insured is a Named Limits Of Insurance applies separately to each Insured under such other insurance; and of your construction projects away from premises owned by or rented to you. Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16 with its permission. CG 73 23 12 16 M. Medical Payments inception date of the policy shall not Under Section III - Limits Of Insurance, prejudice the coverage afforded by this Paragraph 7. is replaced with: policy provided such failure to disclose all 7. Subject to 5. above, the higher of hazards or prior"occurrences" or offenses is not intentional. This provision does not a. $10,000; or affect our right to collect additional premium b. The amount shown in the Declarations or exercise our right of cancellation or non- for Medical Expense Limit is the most renewal. we will pay under Coverage C for all P. Waiver Of Subrogation medical expenses because of "bodily Under Section IV - Commercial General injury" sustained by one person. Liability Conditions, 8. Transfer Of Rights Of This coverage does not apply if Coverage C Recovery Against Others To Us the following - Medical Payments is excluded either by paragraph is added: the provisions of any coverage forms If required by a written contract executed prior to attached to the policy or by endorsement. loss, we waive any right of subrogation we may N. Knowledge Of An Occurrence have against the contracting person or Under Section IV - Commercial General organization because of payments we make for Liability Conditions, the following is added to injury or damage arising out of your ongoing 2. Duties In The Event Of Occurrence, operations or "your work" done under a contract Offense,Claim Or Suit: with that person or organization and included in e. Knowledge of an occurrence, offense, claire the"products-completed operations hazard". or suit by an agent or employee of any Q. Liberalization insured shall not in itself constitute Under Section IV - Commercial General knowledge of the insured unless you, a Liability Conditions, the following paragraph is partner, if you are a partnership; or an added: executive officer or insurance manager, if 10. Liberalization you are a corporation receives such notice of an occurrence, offense, claim or suit from if we revise this coverage form to provide more coverage without additional premium charge, the agent or employee. your policy will automatically provide the f. The requirements in Paragraph b. will not additional coverage as of the day the revision is be considered breached unless there is effective in your state. knowledge of occurrence as outlined in R. Broadened Bodily Injury Definition (Mental Paragraph e. above. Anguish) O. Unintentional Failure To Disclose Hazard Under Section IV - Commercial General Under Section V - Definitions Definition 3. Bodily Injuryis replaced with: Liability Conditions, Condition 6. Representations the following paragraph is 3. "Bodily injury" means physical injury, sickness, or disease to a person and if added: arising out of the foregoing, mental anguish, d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the mental injury, shock, or humiliation, Including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. .T PROVIDED FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Contract, or to the work, or to the specifications. PROVIDED FURTHER, the said Surety agrees that any person to whom there is due any sum for labor or materials furnished, as hereinbefore stated, or said person's assigns,may bring an action on this bond for the recovery of the indebtedness; PROVIDED, that no action shall be brought on the bond after six (b)months from the completion of said public improvements. IN TESTIMONY WHEREOF, the Contractor has hereunto set its hand, and the Surety has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized to do so, as of this day of , 20 CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal Print Name y� Title Signature (Attach Power of Attorney) Print Name Title (A certified copy of the agent's Power of Attorney must be attached hereto.) 20 SECTION 1 - GENERAL SPECIFICATIONS 1. SCOPE: The work provided for in these Specifications shall consist of furnishing all technical personnel, labor, materials, equipment, and services required to perform and complete all work required for the demolition and clearance of the structures listed in the Contractor's Bid, including all appurtenant structures, steps, sidewalks, structure slabs and foundations, fencing, and debris, and all accessory structures located on the property,including garages and storage sheds, and other incidental and related work as set forth in these Specifications and as directed by the Project Manager to complete the proposed demolition. 2. UTILITIES: Before starting demolition, it shall be the responsibility of the Contractor to check that all utility service connections such as water,gas,electric power and telephone have been disconnected in accordance with the regulations of the applicable utility. The Contractor shall notify the utility company before proceeding with the Work. The Contractor shall be responsible for including the cost of any abandonment of utilities in the Bid. The contractor shall also be responsible for verifying if a shared sewer exists. No additional funding will be available for the abandonment of utilities in the event any of the utilities are still in service. The Contractor shall seal with concrete all storm and sanitary sewers leading from the structures to be demolished within five (S) feet of the property line unless the sewer is a shared sewer with another property, in which case an alternative termination must be approved, prior to proceeding, by the Utilities Department. The Contractor shall preserve in operating condition all active utilities traversing the project site, and shall protect manholes, catch basins, valve boxes, etc. Any damage to any such utility by the Contractor shall be repaired by the Contractor, at his own expense, to the satisfaction of the utility company concerned and the City Building Inspector. 3. DEMOLITION: All foundations,footings,basement floors,exterior and interior walls, slabs,cisterns,septic tanks and systems, etc., along with all appurtenances and accessory structures on the premises, including garages and storage sheds, shall be completely removed. All appurtenances such as steps, porches, and similar structures shall also be completely removed. All concrete floors and slabs shall be removed whether supported by walls, columns, other supports, or resting on the ground. The Contractor shall also remove all private sidewalks and driveways within the property. Note: Public sidewalks shall not be damaged and are to remain in serviceable conditions. 4. BARRICADES: The Contractor shall provide substantial barricades around the demolition site, including all excavations. These barricades shall be adequate to block access and to protect the public and workmen Warning signs and warning signal lights shall be placed wherever the public is exposed to danger. 21 If portions of streets, alleys, or the adjacent public parking lots are to be closed to allow certain demolition work to occur, the Contractor shall notify the City Engineer three (3) days in advance of his desire to close or barricade a portion of a street, alley, or public parking lot. The City Engineer shall coordinate the closing operation with other affected City departments. 5. PROTECTION OF PROPERTY AND PERSONS: Adequate protection of persons and property shall be provided at all times. The Work shall be executed in such a way as to avoid hazard to persons and property, interference with the use of adjacent buildings, and interruption of free passage to and from adjacent buildings. Streets, curbs and all street sidewalks parallel to the curb shall be protected to prevent damage from occurring due to demolition activities. The Contractor shall also provide continuous protection for pedestrians using street sidewalks adjacent to demolition sites. 6. DISPOSAL OF DEBRIS: The Contractor shall remove all debris found on the Site which is the result of demolition operations, from the project site to any location the Contractor may select, provided the disposal method and area are in compliance with all laws and regulations. The Contractor shall be permitted to use the City's landfill facility for debris disposal. Normal disposal fees will apply. 7. FILLING EXCAVATION AREA: Before filling the excavation area, the Contractor shall thoroughly clean out the same, removing all debris. All excavations shall be inspected by the Building Inspector prior to filling operations. Only materials approved by the Building Inspector shall be used for filling the excavation area, to finished grade. The approved backfill material shall be compacted by rolling, tamping, or other methods approved by the Building Inspector, until the entire fill to finished grade has attained a density equal to the specified compaction limits. Embankments shall be placed in layers, not to exceed eight (8) inches prior to compaction; and shall have a moisture content not less than five percent (5%) below optimum moisture for the material used, and not more than five percent (5%) above the optimum. Compaction shall be equal or greater than ninety-five percent (95%) of maximum compaction at optimum moisture content. 8. TESTING: The Contractor shall, at his own expense, employ a firm qualified to make soil compaction tests and furnish the Building Inspector a certified copy of all soil tests. Soil compaction tests shall be taken at the pool area and all other excavations requiring filling and compaction. The Building Inspector shall determine the location and number of compaction tests that shall be required on this project. 9. INSPECTION: 22 The City Building inspector may inspect the demolition activities at any time. The Contractor shall provide free access to any and all parts of the Work within the construction limits of the project. All utility terminations must be inspected by a representative of the applicable utility company prior to burial or covering. Cap the sanitary sewer within (5) five feet of the property line unless the sewer is a shared sewer with another property,in which case an alternative termination must be approved, prior to proceeding, by the Utilities Department. Sewer cap location must be inspected by the Building Inspector. 10. FINAL CLEAN UP: Immediately upon completion of the Work,the Contractor shall remove all surplus material of any nature from the Site. The Site is to be rough graded to allow complete surface drainage of the Site. 11. SALVAGED MATERIALS: All salvaged materials from the structure shall become the property of the Contractor. Storage of such items on the site will not be permitted. This material shall be removed from the Site. Property belonging to public bodies or public service companies,unless abandoned by such companies, shall not become the property of the Contractor. In the event of any doubt concerning ownership of any particular property, the Contractor shall request from the City a written statement, regarding its ownership. 12. DEMOLITION PERM17FS: The Contractor shall, at his own expense, obtain a demolition permit from the Building Services Division, Room 205, 300 West Ash Street, Salina, Kansas, for all structures to be 5demolished. 13. ACCEPTANCE: The Contractor shall request a final inspection at least two (2) days before completion of the Work. Within two (2) days after all Work has been completed, the Building Inspector shall make a final inspection and if all Work is satisfactory, the City of Salina will accept the Work. If portions of the Work are determined to be unsatisfactory by the Building Inspector, the Contractor shall correct the deficiencies, whereupon, another inspection of the revised Work will be made by the Building Inspector before final acceptance. 14. SUBSIDIARY WORK: Miscellaneous clean-up, filling of the excavation area, site grading, and all other work required by these Specifications to complete the Work shall not be paid for directly but shall be considered subsidiary to the bid item for demolition and shall be included in the lump sum demolition for each individual tract. Payment for the demolition item shall include all labor, materials, tools, equipment, and required fill material to complete the Work as specified. 15. SALES TAX EXEMPTION: 23 On applicable bid items, materials, services, and equipment incorporated into this project will be exempt from the payment of sales tax under the laws of the State of Kansas, and such sales tax shall not be included in Bids. The City, when requested, will provide the Contractor with a proper exemption certification number. Upon issuance of a proper exemption certification number to the Contractor, the Contractor shall assume full responsibility for his own proper use of the number and shall pay all costs of any legally assessed penalties relating to the Contractor's improper use of the exemption certification number. 24 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. Cit --------------------------------------------------------------------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--------------------------------------------------------------------------------------- q. Standard Specifications and Test Methods-----------------------------------------------------GC-3 r. Substantial Completion ---------------------------------------------------------------------------GC-3 s. Work-------------------------------------------------------------------------------------------------GC-3 3. TERMINOLOGY -----------------------------------------------_--------------------------_-_---------GC-3 a. Day --------------------------------------------------------------------------------------------------GC-3 b. Defective--------------------------------------------------------------------------------------------GC-3 c. Furnish----------------------------------------------------------------------------------------------GC-3 d. Install------------------------------------------------------------------------------------------------GC-4 e. Perform; Provide-----------------------------------------------------------------------------------GC-4 4. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED-------------------GC-4 5. BONDS --------------------------------------------------------------------------------------------------GC-4 a. Performance Bond---------------------------------------------------------------------------------GC-4 b. Statutory Bond--------------------------------------------------------------------------------------GC-4 6. INSURANCE REQUIREMENTS-------------------------------------------------------------------GC-4 7. PATENTED DEVICES AND PROCESSES-------------------------------------------------------GC-5 8. WATER, GAS AND ELECTRICITY---------------------------------------------------------------GC-5 9.23.19 GC-A 9. PERMITS, LICENSES AND REGULATIONS-------------------------------------------------GC-5 10. NOTICES------------------------------------------------------------------------------------------------GC-5 11. OBSTACLES AND OBSTRUCTIONS ------------------------------------------------------------GC-5 a. Subsurface Obstructions--------------------------------------------------------------------------GC-6 b. Surface Obstructions ------------------------------------------------------------------------------GC-6 c. Public Utilities--------------------------------------------------------------------------------------GC-6 d. Trees and Shrubs-----------------------------------------------------------------------------------GC-7 e. Sodded and Landscaped Areas-------------------------------------------------------------------GC-7 f. Privately Owned Obstructions -------------------------------------------------------------------GC-7 12. SALVAGED MATERIALS--------------------------------------------------------------------------GC-7 13. MATERIALS FURNISHED BY CITY-------------------------------------------------------------GC-7 14. BARRIERS AND LIGHTS---------------------------------------------------------------------------GC-7 15. RESPONSIBILITY FOR PROPERTY DAMAGE-----------------------------------------------GC-7 16. PUBLIC CONVENIENCE ---------------------------------------------------------------------------GC-8 17. QUALITY OF MATERIALS AND EQUIPMENT-----------------------------------------------GC-8 18. WORKMANSHIP--------------------------------------------------------------------------------------GC-8 19. PRESERVATION OF MONUMENTS AND MARKERS--------------------------------------GC-8 20. TEST SAMPLES AND SPECIMENS --------------------------------------------------------------GC-8 21. SPECIAL CONSTRUCTION METHODS--------------------------------------------------------GC-9 22. SHOP AND ERECTION DRAWINGS-------------------------------------------------------------GC-9 23. REPRESENTATION----------------------------------------------------------------------------------GC-9 24. COOPERATION---------------------------------------------------------------------------------------GC-9 25. INCIDENTAL WORK------------------------------------------------------------------------------GC-10 26. FINAL CLEAN UP----------------------------------------------------------------------------------GC-10 27. RESPONSIBILITIES OF THE CONTRACTOR -----------------------------------------------GC-10 28. SANITARY CONVENIENCES -------------------------------------------------------------------GC-11 29, APPROVAL OF SUBCONTRACTORS---------------------------------------------------------GC-11 30. RESPONSIBILITY OF THE ENGINEER-------------------------------------------------------GC-11 9.23.19 GC-B 31. INTERPRETATION OF CONTRACT DOCUMENTS ---------------------------------------GC-11 32. INSPECTION-----------------------------------------------------------------------------------------GC-11 33. WORK AFFECTED BY WEATHER-------------------------------------------------------------GC-12 34. CONTROL AND REGULATION OF WORK--------------------------------------------------GC-12 35. USE OF COMPLETED PORTIONS--------------------------------------------------------------GC-12 36. VARIATIONS, CHANGES AND MODIFICATIONS ----------------------------------------GC-12 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT----------GC-13 38. CITY'S RIGHT TO SUSPEND WORK----------------------------------------------------------GC-13 39. CITY'S RIGHT TO TERMINATE CONTRACT-----------------------------------------------GC-13 40. PAYMENTS TO CONTRACTOR----------------------------------------------------------------.GC-14 41. FORCE ACCOUNT ---------------------------------------------------------------------------------GC-15 42. EXTENSION OF CONTRACT TIMES----------------------------------------------------------GC-15 43. LIQUIDATED DAMAGES ------------------------------------------------------------------------GC-17 44. ALTERNATES---------------------------------------------------------------------------------------GC-17 45. CERTIFICATES OF COMPLETION-------------------------------------------------------------GC-17 a. Substantial Completion-------------------------------------------------------------------------GC-17 b. Final Completion--------------------------------------------------------------------------------GC-18 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD ------------------------------------GC-18 47. MAINTENANCE OF PROJECT SITE-----------------------------------------------------------GC-19 48. SCHEDULE A - INSURANCE REQUIREMENTS -------------------------------------------GC-21 9.23.19 GC-C 9.23.19 GC-D CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS I. 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 acictrtrons or deletions are not contained in the original Contract Documents or if the total net change increases or decreases the total Contract Price more than twenty-five percent (25%) the City shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from the Contractor covering the Work involved in the change. If the proposal is acceptable,the Engineer shall then prepare a Change Order which includes a detailed description of the change in the Work, a definite statement as to the resulting change in the Contract Price and/or time,and a statement that all Work involved in the change shall be performed in accordance with Contract requirements except as modified by the Change Order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the City may order the Contractor to proceed with the Work on a"Force Account"basis pursuant to Section 41 below. (d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or through legally authorized officials. (e) CONTRACT. The written agreement covering the performance of the Work. GC-1 (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 TDAES. The number of days or the dates stated in the Contract Documents to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and(iii) complete the Work so that it is ready for final payment. (i) CONTRACTOR. The individual, partnership, firm, or corporation executing a Contract, acting directly or through lawful agents or employees, and who is primarily liable for the acceptable performance of the Work under Contract and for payment of all legal debts pertaining thereto. (j) DRAWINGS. The working drawings, supplemental drawings, or reproductions of the drawings showing the location, dimensions, and details of the Work to be done. (k) ENGINEER. The City Engineer of the City of Salina, Kansas, or the City Engineer's designated consultant. (1) INSPECTOR. An authorized representative of the Engineer or an authorized representative of the City assigned to inspect the Work performed or materials furnished by the Contractor, or all other duties required for construction of the project as set forth in the Specifications. (m)MILESTONE. A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. (n) NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work on the Contract Documents. (o) SITE. Land or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of the Contractor. (p) SPECIFICATIONS. The directions,provisions,and requirements pertaining to the method and manner of performing the Work,to the kind and type of equipment, or to the qualities of materials to be furnished. (q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are 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 GC-2 to the latest standard and tentative standards as are in force on the date Bids are received. (r) SUBSTANTIAL COMPLETION. The time at which the Work(or a specified part thereof)has progressed to the point where,in the opinion of the Engineer,the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that it can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to the "Substantial Completion"thereof. (s) WORK. The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the construction project required to be provided under the Contract Documents, and the carrying out of all the duties and obligations imposed by the Contract. 3. TERMINOLOGY. The words and terms discussed below are not defined but, when used in the Contract Documents, have the following indicated meaning: (a) DAY. The word"day" means a calendar day of 24 hours measured from midnight to the next midnight. (b) DEFECTIVE. The word"defective,"when modifying the word "Work,"refers to Work that is unsatisfactory, faulty, or deficient in that it: i. Does not conform to the Contract Documents; ii. Does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or iii. Has been damaged prior to the Engineer's recommendation of final payment(unless responsibility for the protection thereof has been assumed by the City in accordance with Section 35). (c) FURNISH. The word"furnish,"when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site(or some other specified location)ready for use or installation and in usable or operable condition. (d) INSTALL. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. (e) PERFORM; PROVIDE. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. GC-3 4. COMMENCEMENT OF CONTRACT TIMES:NOTICE TO PROCEED. The Contract Times will commence to run on the thirtieth day after the effective date of the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the effective date of the Contract. S. 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 REOUIRFMFNTS. The Contractor shall purchase and maintain, and shall require each of its authorized subcontractors to obtain and maintain, for the duration of the Contract, policies of insurance, providing such coverages and meeting such requirements as specified in Schedule A attached hereto. 7. PATENTED DEVICES AND PROCESSES. All fees, royalties, and licenses for any patented invention, device, article, or process used in, upon, or in connection with the construction, erection, or operation of the Work or any part thereof, shall be included in the Contract Price or prices; and the Contractor shall hold the City harmless against any claim or demand for payment of such. 8. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the Work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required 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. GC-4 Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. 10. NOTICES. The Contractor shall give written notice, not less than twenty-four (24) hours before breaking ground for the project, to all persons in charge of any property that may be affected by the Work or related operations. The Contractor shall not hinder or interfere with any persons performing Work as required to care for and protect property from possible damage during construction of the proposed improvements. The Contractor shall notify the Engineer or Inspector prior to beginning, suspending, or resuming operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 11. OBSTACLES AND OBSTRUCTIONS. Natural obstructions and publicly owned existing facilities and improvements encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the Drawings. Care shall be used while excavating, trenching, or performing other Work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at the Contractor's expense. All Work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the City and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. Unless otherwise provided in the Bid, no separate or additional payment will be made for any Work in connection with removal,relocation, or restoration of obstructions and existing facilities. (a) SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and services, gas mains and ser-,rices, 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 GC-5 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 UTIIIITIES. Public utility pipelines, poles, cables, conduits, and wires which interfere with construction shall, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible to bypass or work around the facility,the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. The cost of such removal or relocation work shall be borne by the City,provided that the facility to be removed or relocated has been installed at a specific location and specified depth under terms written in the franchise; otherwise all costs shall be borne by the utility company. The City shall notify the utility company in writing of the approximate date on which construction Work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation Work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation Work has not been accomplished prior to construction at the location, the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. (d) TREES AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without resorting to hand methods of excavation, and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. (e) SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas such as parking on or adjacent to improved property shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location,the trenches and 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. 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, GC-6 warehouses, or yards where received or stored by the City. 'rhe Contractor shall include in the Contract Price or prices all costs in connection with handling, sorting,protecting,and installing all such materials, supplies, or equipment furnished by the City, and shall make good all losses and breakage due to carelessness or negligence while same are in the Contractor's possession. 13. BARRIERS AND LIGHTS. As required to prevent accidents to the general public and to workers, the Contractor shall provide all materials and labor to erect and maintain fences, barriers, barricades, and warning signs; provide and maintain flares, lanterns, and lights. 14. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to buildings, structures, trees, shrubbery, or other property located outside the construction limits, or located within those limits but not designated for removal or reconstruction, providing such damage shall result from the wrongful acts, errors, mistakes, omissions, or defective Work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of the Work. 15. PUBLIC CONVENIENCE. During the progress of the Work,the convenience of the local public and of residents along the Work shall be considered and, where possible, their rights of access shall be preserved. Temporary driveways, approaches, and crossings shall be provided where practicable and maintained in good condition. Construction materials shall be so stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; fire hydrants shall remain ready for immediate use by the fire department. 16. QUALITY OF MATERIALS AND EQUIPMENT. All materials shall meet the requirements of the technical Specifications or,if not specified, shall meet the generally accepted commercial standards for such materials when used for the intended purposes. No materials shall be incorporated in the Work until they have been examined and approved by the Inspector, nor shall construction equipment be used which has not received the Inspector's approval. All rejected materials and equipment shall be removed promptly from the site. Wherever in any of the Contract Documents an item of material or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted, shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturers' products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 17. WORKMANSHIP. All improvements shall be constructed in a neat and workmanlike manner. Improper or defective Work shall be corrected and if necessary removed,replaced, or reconstructed to comply with the plans and Specifications. The Contractor shall be held responsible for the quality of the entire Work; should the Contractor refuse or neglect to remedy defects when ordered to do so, the City may require the condemned portions to be replaced,restored,repaired,or reconstructed at the expense of the Contractor or the Contractor's surety. GC-7 18. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments,benchmarks, and markers of the local, state, or federal government, and shall not excavate within five (5) feet of any of them without specific permission of the Engineer or Inspector. 19. TEST SAMPLES AND SPECIMENS. Properly identified test samples and specimens shall be submitted by the Contractor in ample time to permit tests to be conducted, and results determined, well in advance of the time such materials are to be incorporated in the Work. Samples and specimens shall be submitted in standard or ample sizes and quantities for the determination of all specified tests, and shall be shipped charges prepaid to an approved testing laboratory. Commercial laboratories shall be instructed to distribute copies of test results to the Contractor, City, Inspector, and Engineer. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. No charges will be made for tests performed by the Engineer or his inspectors. 20. SPECIAL CONSTRUCTION METHODS. The Engineer or Inspector may assent to special methods of construction or means of prosecuting the Work other than as provided or stipulated in the technical Specifications, but his assent or his presence on the Work while such special methods are in use shall not constitute a waiver of the Contract, or any part thereof, by the City. Nor shall the fact the Engineer may have seen Work executed which later is found to be defective, nor shall any act of his assistants or inspectors,constitute a waiver of any part of the Contract. The Contractor shall be held responsible for the quality of the entire Work. 21. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for review to the Engineer six copies of all shop and erection drawings for structural and reinforcing steel, special drawings, and layouts for equipment or machinery to be furnished under the Contract, and any similar or supplemental drawings required for prosecution of the Work. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from Drawings or Specifications, nor shall it relieve the Contractor from responsibility for errors of any sort in shop drawings or schedules. 22. REPRESENTATION. The Contractor shall be represented on the Work at all times by a competent superintendent, satisfactory to the Engineer or Inspector and capable of reading and understanding the Drawings and Specifications. The superintendent shall have full authority to employ required workers, order materials, arrange for construction equipment, and otherwise represent or act on behalf of the Contractor; any direction given to the superintendent by the Engineer or Inspector shall be as binding as if given to the Contractor. 23. COOPERATION. The Contractor shall give to the Work the constant attention necessary to facilitate the progress and shall cooperate in every possible way with the Engineer or his Inspectors, with the City, and with other contractors or constructors concerned in the Work. The Contractor shall plan and schedule the Work to the mutual benefit of all interested parties and shall perform the Work in accordance with the agreed schedule. In case of controversy, the Engineer will allocate the Work and designate the sequence in which it shall be performed. The Contractor shall accept and GC-8 fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the Contract by the City. 24. INCIDENTAL WORK. All Work to be done by the Contractor as shown on the Drawings and described in the Specifications, including any and all minor details not specifically shown or described but obviously essential to the proper completion of the Work, shall be considered as subsidiary to, and included with, the Work for which prices are named in the Contract Documents. The Contractor shall not be entitled to any extra or additional compensation for such incidental Work unless otherwise specified. 25. FINAL CLEANUP. Immediately upon completion of the Work or any usable unit,the Contractor shall remove all surplus or unused materials from the vicinity of the Work, leaving the entire site in a clean, sightly, and pleasing condition, conforming to the grades and contours shown on the Drawings or designated by the Inspector. 26. RESPONSIBILITIES OF THE CONTRACTOR. All Work shall conform to the technical Specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions shown on the Drawings or given by the Inspector. Before commencing Work, the Contractor shall be responsible for ensuring the correctness and meaning of all stakes and marks. No claim will be entertained for, or on account of, alleged inaccuracies unless the Contractor notifies the Engineer or Inspector thereof in writing before commencing the Work. The Contractor under the Contract Prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or otherwise furnished as specified, and shall perform all operations necessary to construct and complete the improvements, ready for use, including all preparatory, temporary, and incidental Work. The Contractor shall be responsible for the protection of all Work under the Contract; any Work or materials damaged or impaired from any cause prior to final acceptance of the completed whole shall be restored or reconstructed by the Contractor at the Contractor's sole expense. All losses or damages arising from the nature of the Work to be done, from the action of the elements, or from unforeseen circumstances or difficulties, shall be sustained by the Contractor; such losses or damages shall not relieve the Contractor of responsibility to fulfill the Contract and to deliver a completed Work in accordance with the Contract Documents. The Contractor shall provide the Building Official and his representatives free access to any and all parts of the Work,whether within the construction limits or at any place where material intended for incorporation in the project is procured, produced, or manufactured. The Contractor shall furnish all required information relating to the Work or materials, including copies of invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist in, the final inspection of the project and shall furnish all labor and equipment required for final tests. The Contractor shall furnish all stakes, batter board, straight-edges, and grade string and shall furnish workers to set them under the direction of the Inspector. The Contractor shall notify the Inspector at least 48 hours in advance, stating where stakes are wanted,before requiring stakes on any section of the project. After construction stakes are set,the Contractor shall preserve them. Any Work done without lines and grades as given by the Inspector, or without supervision of any GC-9 authorized representative of the Engineer, may be ordered removed and replaced at the expense of the Contractor. 27. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of the Contractor's employees and shall maintain the same in a clean and sanitary condition. The Contractor shall not create or permit any nuisance to the public or to residents in the vicinity of the Work. 28. APPROVAL OF SUBCONTRACTORS. The Contractor shall file with the City and the Engineer the names of all subcontractors to whom the Contractor expects to sublet any portion of the Work, and shall not change subcontractors without written approval of the City and the Engineer. The approval of subcontracts shall not relieve the Contractor of any liabilities under the Contract. Should any subcontractor fail to satisfactorily perform its portion of the Work, the City may annul and terminate the contract of such subcontractor. 29. RESPONSIBILITY OF THE ENGINEER. The findings and determinations of the Engineer on all questions pertaining to materials and workmanship or as to interpretation of the Drawings and Specifications shall be final and binding on all parties to the Contract. 30. INTERPRETATION OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as though called for by all. In case of actual or alleged disagreement or discrepancy between the Contract and the Drawings or Specifications, the language and provisions of the Contract shall take precedence and prevail; if between the Drawings and Specifications, the Engineer will determine in each case whether the Drawings or Specifications shall rule and govern. 31. INSPECTION. The Inspector shall inspect all materials to be incorporated, construction equipment to be used, and all Work to be performed under the Contract. Such inspection shall extend to any and all parts of the Work and to the preparation or production of all materials to be incorporated. All sampling of Work shall be done by, or in the presence of,the Engineer or his representatives. The Inspector will conduct field tests on Work and materials whose physical characteristics and general suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate from or to relax the Specifications without written permission of the Engineer or to delay the Work by failing to inspect or field test any of the Work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress, and will prepare such progress reports as required during construction and at monthly intervals will prepare, and submit to the City,periodic payment estimates based on the amount and value of all Work performed to date by the Contractor. 32. WORK AFFECTED BY WEATHER. GC-10 The Inspector may order such parts of the Work suspended should the weather or season be such that any part of the Work cannot be done properly and with due regard to durability,finish, or appearance. The Contractor may be required to protect the several parts of exposed Work from damage by the elements or other causes. 33. CONTROL AND REGULATION OF WORK. The Engineer or Inspector shall have the authority to exercise their judgment and initiative in the control and regulation of the Work. The Engineer or Inspector may regulate the amount of Work open or under construction in advance of completed portions and require the Contractor to place materials and perform Work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. 34. USE OF COMPLETED PORTIONS. The City shall have the right to take possession of and use any completed portion or usable unit of the Work at any time, but such possession and use shall not be deemed an acceptance of any Work not constructed or completed in accordance with the Contract Documents. If such prior use delays the completion or increases the cost of the Work,the Contractor shall be entitled to such extension of time or extra compensation, or both, as the Engineer may determine. The City, in taking possession prior to final acceptance, shall agree to abide by the Engineer's decision relative to responsibility for damages to the Work during the period of such prior possession and use. 35. VARIATIONS CHANGES AND MODIFICATIONS. The Work contemplated in the Contract Documents may be subject to such changes as normally occur during construction. The Engineer, as authorized by the City, may order minor variations in the Work,provided such variations are consistent with the intent of the Drawings and Specifications, and improve or expedite the Work. The Engineer may, without written order or other formality, correct obvious errors in the Drawings and Specifications or make such minor adjustments as are required to adapt the Work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the Drawings and Specifications, and do not materially affect the total Contract Price. The City reserves the right to make such changes in the Drawings, the Specifications, and other changes in the Contract quantities as may be considered necessary or desirable; provided such changes, alterations, and modifications are affected legally and in accordance with the following procedures. No Work may be performed under any Change Order until all documents have been approved by the Engineer and executed by the contracting parties. After such approval and execution, all Work included shall be subject to the terms, conditions, and provisions of the original Contract Documents, except as otherwise specifically stipulated. In case a satisfactory adjustment in price or other basis cannot be obtained, the Work may be ordered done by force account. 36. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If, through no fault of the Contractor, the Work be stopped for a period of three months or more under order from any court or other public authority; or if the Engineer fails to issue any estimate for payment within fourteen (14) days after the due date; or if the City fails to pay to the Contractor within ten (10) days after due presentation any sum certified by the Engineer or awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the City and to the Engineer, stop Work or terminate the Contract and recover from the City full payment GC-11 for all Work properly executed,together with invoice cost of unincorporated materials purchased by the Contractor or on irrevocable order plus the actual cost of handling and storing said materials, provided said handling and storing cost does not exceed five percent(5%) of the invoice cost. 37. CITY'S RIGHT TO SUSPEND WORK. The City may suspend Work on any or all parts of the Work pending settlement of disputes on any point of controversy. The Contractor will not be entitled to any claim for loss or damage by reason of such delay;nor shall the Contractor be entitled to any extension of time for completion of the Contract, except at the City's option. 38. CITY'S RIGHT TO TERMINATE CONTRACT. (a) The occurrence of any one or more of the following events will justify termination for cause: i. The Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment); ii. The Contractors persistent disregard of laws, ordinances, or regulations, or the directions of the Engineer; or iii. The Contractor's violation in any substantial way of any provisions of the Contract Documents. (b) If one or more of the events identified in Section 39(a) above occur, the City may, after giving the Contractor and its surety ten(10)days written notice of its intent to terminate the services of the Contractor,terminate the Contract or the Contractor's right to complete the Contract, and: i. Exclude the Contractor from the Site, and take possession of the Work and of all the Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); 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 GC-12 section, the City shall not be required to obtain the lowest price for the Work performed. (d) Notwithstanding the foregoing, the Contractor's services will not be terminated if the Contractor begins within ten(10)days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty (30) days of receipt of said notice. (e) If the Contractor's services have been terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 39. PAYMENTS TO CONTRACTOR. Five days prior to the City's first regularly scheduled meeting of each month a periodic estimate,based on Work completed or on receipted invoices for approved materials and equipment stored at the project site, shall be prepared by the Engineer. Periodic estimates for a lump sum Contract will be based on an itemized breakdown of all Work included in the Contract, prepared by the Contractor, and submitted to the Engineer for approval prior to preparation of the initial periodic estimate. The breakdown shall include all costs in connection with each major classification of construction items and shall show quantities, unit prices and extensions, the sum of which shall be the total amount of the Contract. In making partial payments, ten percent(10%) will be retained from each payment. Upon the Engineer's certification of the Project's final completion and readiness for final payment pursuant to Section 45(b)below, the Owner shall make payment of retainage. In measuring Work for payment the actual length, width, depth, area, contents, or number shall be considered, and the length shall be measured along the centerline of the Work whether straight or curved. No extras of any kind will be allowed unless covered by written order or agreement specifically describing such extras. 40. FORCE ACCOUNT. Where it is specified, or agreed during the course of the Work, that any portion of the construction shall be done by "force account," the Contractor shall keep an accurate record of all materials, labor, and equipment used and shall furnish the Inspector a copy of each day's record within twenty-four (24) hours to permit an accurate check thereof. The City shall pay for such construction at the actual cost to the Contractor of materials and labor, including the costs of insurance, social security, taxes and bonds, chargeable to this portion of the Work; plus fifteen percent (15%) for superintendence, overhead, and the use of tools and appliances. The use of equipment on such construction shall be paid for at rental rates recommended by the Association of General Contractors, modified for Kansas by the Kansas Department of Transportation; such price and payment being full compensation for all costs in connection with operation,repair, maintenance, overhead, depreciation, and profit. 41. EXTENSION OF CONTRACT TIMES. (a) DELAYS CAUSED OTHER THAN BY WEATHER. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the City, or of a separate contractor employed by the City; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's GC-13 reasonable control that the Engineer determines may justify delay, excluding the occurrence of unusually severe weather at the Site, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer may determine, if such adjustment is essential to the Contractor's ability to complete the Work within the Contract Times. Notwithstanding the foregoing, the Contractor acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay: (1) is not cased, could not have been reasonably anticipated and mitigated, by the Contractor; and (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay. If the delay is due to causes beyond the reasonable control of the City, an extension of the Contract Times shall be the Contractor's sole and exclusive remedy for the delay. (b) DELAYS CAUSED BY WEATHER. i. The Contract Times may be extended by Change Order due to the occurrence of unusually severe weather if the Engineer determines that the following conditions have been satisfied: 1. The weather experienced at the project Site during the Contract period must be found to be unusually severe, as evidenced by weather that is more severe than the adverse weather anticipated at the Site during any given month; and 2. The unusually severe weather must actually cause a delay to the completion of the Work. The delay must be beyond the control and without the fault or negligence of the Contractor. ii. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project Site and will constitute the baseline for the Engineer's monthly evaluations of the Contractor's entitlement to an extension of the Contract Times under this Section. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities for the duration of the Work. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON FIVE-DAY WORK WEEK` Jan I Feb I Mar A r I May Jun I Jul I AugSSp Oct Nov I Dec 0 6 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: (1) list the number of actual adverse weather delay days and include days impacted by actual adverse weather(even if such adverse weather occurred in previous month); GC-14 (2) be calculated chronologically from the first to the last day of each month, and be recorded as full days; and (3) include documentation and all details reasonably available to demonstrate the nature and duration of the delays and their effect on the critical path activities. If the number of actual adverse weather delay days exceeds the number of days anticipated in subsection (b) above, the Engineer will convert any qualifying delays to calendar days and the Contract Time shall be extended by Change Order. After the original Contract Times have expired, adverse weather that causes delay to the completion of the Work will be granted day-for-day without deducting anticipated adverse weather delay days and will be converted from work days to calendar days. iv. Monthly anticipated weather delay days shall be adjusted proportionally if Work is scheduled to be performed greater than or less than five (5) days during any work week. The following formula shall be used to adjust the monthly anticipated weather delays: Adjusted monthly anticipated weather delays =A multiplied by(B divided by C); where A = The monthly anticipated adverse weather delay for a particular month based on a five-day work week. B =The actual average number of days work is scheduled to be performed in a work week during that particular month. C =The number five (5). Example-If the monthly anticipated adverse weather delay for January based on a five day work week is 10 days, but the Contractor actually scheduled an average of a 6-day work week for that month,the monthly anticipated weather delay would be adjusted by applying the above formula as follows: 10 x (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 (20/30) =6 days. 42. LIQUIDATED DAMAGES. In the event the Contractor shall fail to complete any portion of the Work within the applicable Contract Times, then the City shall be entitled to deduct liquidated damages, in the amount set forth in the Contract, from any sum or sums due the Contractor in final settlement between the parties. In addition, the Contractor shall be held liable for and shall pay the wages of GC-15 the Inspectors on the Work after said time limit has expired, which wages shall be deducted from any amount found to be due the Contractor on such final settlement. Nothing herein contained shall be deemed to be a waiver of the right of the City to insist upon the timely performance of the Contract, or to prevent the City from looking to the sureties of the Contractor for any and all damages caused by any such delay, or as a consent to or waiver of any abandonment of the said Work by the Contractor, either before or after the date fixed by completion. 43. ALTERNATES. To receive consideration for any proposed alternate for material, equipment, or item specified in the Contract Documents,the Contractor shall submit a full description of the proposed alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the purpose of evaluation and approval. 44. CERTIFICATES OF COMPLETION. (a) SUBSTANTIAL COMPLETION. When the Contractor considers the entire Work ready for its intended use, the Contractor shall notify the City and Engineer in writing that the entire Work is substantially complete and request that the Engineer issue a certificate of Substantial Completion. If the Engineer considers the Work substantially complete, the Engineer will execute and deliver a certificate of Substantial Completion, which shall fix the date of Substantial Completion and shall be accompanied by an attached "punch list" of items to be completed or corrected before the Work is deemed completed and ready for final payment. The certificate of Substantial Completion shall also provide for the division of responsibilities, pending final payment to the Contractor, with respect to security, operation,safety,and protection of the Work,maintenance,utilities,insurance,and warranties and guarantees. (b) FINAL COMPLETION. After the issuance of a certificate of Substantial Completion, and upon written notice from the Contractor that the entire Work is completed and ready for final payment, the Engineer will promptly make a final inspection. If the Contractor has, in the opinion of the Engineer, satisfactorily completed the Work, including all punch list items, the Engineer will execute and deliver a certificate of final completion,which shall fix the date of final completion and readiness for final payment. The final completion date will also serve as the commencement date for the two-year warranty period pursuant to Section 46 below. 45. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD. If within two years after final acceptance (as indicated on the Certificate of Completion provided pursuant to Section 45 above)of the Work as a whole,any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions: (a) Correct such defective Work; or (b) Repair such defective land or areas; or GC-16 (c) If the defective Work has been rejected by the City, remove it from the Site and replace it with Work that is not defective; and satisfactorily correct or repair, or remove and replace, any damage to other Work,to the work of others, or other land or areas resulting therefrom. If the Contractor does not promptly comply with the terms of the City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others) will be paid by the Contractor. Where defective Work(and damage to other Work resulting therefrom)has been corrected or removed and replaced under this section, the warranty period hereunder with respect to such Work will be extended for an additional period of two years after such correction or removal and replacement has been satisfactorily completed. The Contractor's obligations under this section are in addition to any other obligation or warranty, and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations or repose. 46. MAINTENANCE OF PROJECT SrM. The Contractor shall be responsible for keeping a neat and orderly job site. Locations for storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover crops necessary for erosion control shall be kept under 12" in height and trimmed away from pavements, curbs, and sidewalks. The Contractor shall perform corrective maintenance promptly upon notification from the Inspector. GC-17 GENERAL CLAUSES -SCHEDULE A INSURANCE REQUIREMENTS (DemolMon Services) Pursuant to Section 6 of the Contract and Section 6 of the General Clauses, the Contractor shall obtain,pay for, and maintain—and shall require each of its authorized subcontractors to obtain and maintain — for the duration of the Contract, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of any workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and,with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self- insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City,its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Contract, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Contract. D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage R uirements. 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 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Contract. B. Business Automobile Liability "BAL:'). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable GC-18 to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 C. Workers' Com ensation/Em 10 er's Liabilit . 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 o $500,000 disease—policy limit o $100,000 disease—each employee D. Contractor's Pollution Liabiht . The Contractor shall maintain Pollution Liability insurance covering liability arising from Bodily Injury, Property Damage, Environmental Damage/Clean-up Cost, and Emergency Response Expense. The policy may be written on an occurrence or claims-made form, with limits of insurance not less than: • Each occurrence $1,000,000 • General aggregate $2,000,000 The policy shall include coverage for contractual liability, and shall apply to claims arising out of the liability of subcontractors, transit exposure, and non-owned disposal sites. E. Commercial Excess/Umbrella Liability ("CEL"). The Contractor shall maintain CEL coverage, written on a follow form basis, covering liability in excess of the Contractor's underlying Commercial General Liability, Business Automobile Liability, and Employer's Liability policies. The CEL coverage shall be no less broad than the underlying coverage forms, and the maximum self-insured retention under the policy shall be $25,000 for each occurrence. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $1,000,000 GC-19 • 1 ! 1 � + 1 . r err