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Gleason and Sons Signs, Inc Contract - LED Lighting on various park shelters and restrooms
CONTRACT BETWEEN THE CITY OF SALINA,KANSAS and Gleason and Sons Signs,Inc. for Install LED Lighting on Various Park Shelters and Restrooms This Contract is entered into January_G_.2020 by and between the City of Salina,Kansas,(the"City")and Gleason and Sons Signs Inc.,a Kansas For Profit Contractor(the"Contractor"). Recitals A. The City desires to contract for the installation of LED Lighting on Various Park Shelters and Restrooms (the"Project")in compliance with federal,state,and local regulations. B. The Contractor has the requisite qualifications and experience to construct the Project for the City and desires to perform those services pursuant to the terms of this Contract. The parties, in consideration of the mutual promises set forth in this Contract,agree and covenant: 1. Definitions. Except as otherwise provided herein, capitalized words used in this Contract shall have the meanings indicted in the General Clauses. 2. Contract Documents. This Contract, together with the following documents and any Change Orders issued after execution of this Contract,shall comprise the"Contract Documents"for the Project: Mark with"X"if applicable: Request for Bids Instructions to Bidders Bid Form Performance Bond ❑ Statutory Payment Bond ❑ Specifications Drawings ❑ General Clauses Notice to Proceed(to be issued) Certificate of Completion(to be issued) ❑ El There are no Contract Documents other than those above listed. 3. Responsibilities and Representations of the Parties. 3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents, 3.2. Representations. In order to induce the City to enter into this Contract, the Contractor represents that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the Contract Documents; (b)visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress and performance of the Work; and(c)become aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Revised 1115119 1 9. luntar Termination, See General Clauses. See Genexal Clauses. 11. R . See General Clause. 12. V n-. ,yrs ie+ Dllu to the unique qualifications and ra►;<+ilnili1je3'-Of the!`ennlra;tia;,neither the rights nor respOasibilities lsmvidei for tinder this Coatract shall be aa%signabla by either pa y�e.itlrt.s h,'raltola or ire Pat. 13. 1V 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 avail, return receipt prepaid,commercial courier or overnight air courier service. Notice shall be considered given when received on date appearing on the return ram ipt,but if the receipt is not returned within.five(5)daysdays aper , then three (3) mailed, if seat by registered or certified mail or commercial courier seavicc; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below For each parry,provided that if any party gtm notice of a change of name or address,notices to the giver ofdW notice shall thereafter be givers as dernanded in that notice. CITY; City of Salina rutin:Chris Cotten,Director of Parr and Recreation 300 W.Ash St.,P.0,Box 73 Salina,KS 67402-0736 TR1VC TOR:61 1 Wit SWI-19 Sten.Inc. 2,140 N.yM StlCtt Salina,KS 67401-8622 K btteritioa aril lASU Ua f Rrcards. The Contractor shall maintainl coariplete, tacc;arrate, and cl�rly identifiable records with respect to all costs and expense incurred ander this Contract. The records clshall ly misintained during flys team of ibis Go ,�t,and fbe ur a period of three(,3)yew from the date Of finala this Contract(the""Retention Period"=)x provided,however,that if an litigation, p ytxient under or to d e exliirattiort of the Retention period,thea the Retention period shall be extended until all litigation, claims commenced trtr aedit findings have been completely tercraiiratcd or resolved,without right cif further appeal. 13uu7aag the Reteatiori Mod,due Contractor shall allow a representative of the City during normal business hours to exaaaine, audit,and. make irarrscripts car copies of such reeds and any other documents created puisuaaat to, or arising under, this Cootxaet, The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes Of rev1ewla9, confirming, and verifying the nature and amount of all cosh and expenses incurred under tfri:5 Contract. The C i awes to talcs reasonable precautions not to disclose such information outside the scope of those stated purposes,subject to the Kansas ripen records act or other applicable law. 1& 1on-anon �arrla�t u . 111c City is subjact to Kansas budget and h la i4 laws, d ora fes ra}a calendar fiscal year. lin a went that this Conta,Iet involves fumteial Qbligations spaMA*rinuitiple Racal yeas for the City, it is aatbjf^tc to Vaud approp6soon by the C'ity�s gnveniaag body far fu' fid yeas. if the City's r e Ling body does not appropriate floe fluacls tae isvy to ful.Bill the City,s financial obligations pursuant to this Cctr;ira�t,flee City shall so notify the other parties to this Contract and this Contract shtaEl be null and void for raurposG-s of the ftseal Year(s)aUtuted by the dec WOn of the governing beady not to appropriate. 16. j tlon 6 . it is fly tindol:stood tl 0 Contractor in performing services under this Contract, does so as an independent rontmolor. The City sli all neither have nor a cerise� control cit direction over flys inetltQds by ATbirla CQirtractar pe ctirans i seri+4La;hereunder, 1W,ole interest and resporraibilitd o£the City is a see that the services covered by this�:cintract M perr"armed and ordered in a co?np00114t;efficient,acid satisfactory Manner. Contractor shall he t-,Wnsively resprmeible for all taxes, 'withholding r>aScraeats. employment-based benefits. def reed cOMp€rnsation plans, including bin rapt limited to its workers caaa-pensatim,and social security obligations, and the filing of all nece.way�+ocume ao,forms,or returns pertinent to the forego inv 17• ,tisilmretract n See General Clauses. Wised 1/15/19 3 18. �ofall'aricei ,s, A�m�l'i��°?1uF_3s �rlail ea;ipky with all tPRliaae iscl,iaw in th rfomn .t,,e cf i�ss uitclutul 19. tip nit . (a) In conformity with tho Kansas act against discrimialnliun rig,; Chtipler 1� of the Sallr:a t'fadr, rlye C'nntMc(crr and its subcontractors,if any,agroe that. (1) The Contractor shall obsdrve the pmvisiuns of the Kansas act agaii=t dscriminaef)n and Chapter 13 of the Salina Code and in doing so 6011 not,discriminate agttiust aril•percale in the performance of work under this Contrast because of race,sex,religion,age,ccror,nationai ang`n,ancestry or disability, (2) The Cu,,iraour shalk itrclude in all srilic-iiaitions, or a ivo1r;^ments for crnplave rhe pFa'asd "equal c+ppssrru_i=ty cttnpluti+cr,' or a similar phrase tca be ilppro%W by the city's human rckalldnai dirceirpr. (3) 1f 1110 Contractor Pauls to coiripiy with the tn:tt ncr in Whikh Life Contrr7 or marts to the lsuasm humiin rights colrLmissirm irr nccc"Rncv wit11 The Mvis ans cel' K.S.A. 41-1031 and Lurlendmenv� tlicr0tc+, tlk_ Contractor A411 be dcaPiijd to hove brewhad this Contrml vnd it ni fy be canceled. temyir awd or supe: dccl, Itr whulc or in part,by tho City. (`I) if the CMIUMctor is found guilty of a vjo►Aon of Chara,.er 13 of the Salina Code or the Kansas act against discrimination under a decision oz-order of the Salina humau relations commission or the Ka.sm human rights commission wh'Ch has bewmc final, the Contactor Shall. ba- deemed to have breached rhos Contract and it may be canceled,tenMneted or suspended,in whole or len part.,oy the City, (S) The Coatraut shali nat das� ic: e Eg"1st rrt;y L:mplrlyct or appkiearat f©r cs knyrment i� tine perf'.)nnanee r,.f this Comma 4tcOUse of race, rex, rr:ligion, a , color, national erigan, rrn ,try or disabili'y,and (6) The Cuntractac SW I neNde similar przlvisions in gnv gubrahn salt Sander this contram Qom) Tlie pix wig vers sal this sta ti c:sJ:gli ;y;ul,;i;i tv this corttra~t fi:c Calitrttr lir (1) Faiploys ficwcr than flour=p!iryt cs during the tarn of alis C'ontr=t or (2) [."ontracis W'rh idle City fair eul uli i'VOY S5.411[l or less dA +r;4 tri Citi Q Calc",alar rovin.11 year. 20tissi ref Corsts ,:ar 1411 in this L'vnirttCr re iilrls5 tlic Cil a skull nieari die 8 !�' participntion ur nkrjruvM pwrtieipatiertt nr Wr al urtlw Ci y Man ger or li Is;d�fgnee,unim uZhcr'wise prcnri�lcA her, . 21. Ake If my suit or action is instituted by eitfzear party hereunder,inoluding all appeals,lite pre�ilin8 party in such suit or action shall be Ol ditled to a�e Ycr teasonable attorney fees and ex a Ws!rrrm the rao a Mvaxling party,in addition to a.-Iy of-"amounts W which it=ay be eWded. 22. Right 11"Renc:radent UNI Ad*,- The COAtWW Understands and acknowledges the right to have th6 Contract reviewed by legal counsel of the Corina or's choice. 23. ApQlicaitle[mow;Venue This Contract and its validity,rmistruction and ice sbeL be governed by the laws of Kansas. hi the event of a.`%y legal action to enfOrm or interpret this Canned,the sole and exclusive venue shall be in the Saline County,,Kansas District Court, 24. jUjtrp_1r_vi2_Lion. This ConCract shall be interp,eted ddca.drag ro irs fair ruicara any party. _ng,and not in favor of or against 25. JLmj. Time is ofthe easenee ofthis Coritmc* No extension wfa'be,,gr`*ded unless in writing and signed by the Parties. Should the end of a time period fall on a 1699 holiday that p tennisluatiott timie ahxl?extend to 5:0(1pm.of the next full business day. Revised 1/15/19 I X SevernMity. The unenfwLvability,invalidity,or illegality of auv provision of this Contract shall,not render the other provisions unetiforceable,invalid,or illeb,a1. 27. Aathnr ty and Qa to Tmxsaction Each patty 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 parry. A turd, This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 29. Coan.�. This Contrad may be executed in any number of counte pwt,.ascii of+vh Gl shxtll be do creaeFi an original,or in multiple originals,and all such connterperts or originals shall for all poypo ?r nnsti+!rte ra„e; rrcnt. 30. Ame drnents.Neither this Contract nor any of its terms may be changed or modified,waived,or terminated except by an instnrment in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought_ 31. Waive . No failure or delay by apariy hereto to insist on the strict performance of any term ofthis Contract,or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or arty subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this C ntract,but each and every term of this Contract ahall continue in full force and affect with respect to any other then existing or subsequent breach thereof. 32. Qnfliet Resolution. No interpretWon of this Contract shall be allowed to find the City has agreed to binding aFfi tration. 33, N6 Third Pa. aeetfreiaries. Solely the parties to this Contract shall have rights and may make claims under this Contract. T'her'e are no intended third party beneficiaries under this Contract,and aro third parties shall have any rights or make any claims hereunder. 31L P v o Typewritten or boad4vd t o previsions in,,cmt d c r attached,artd initWed by all parties,shall supersede all conflicting prince provislom, 3S. a ing- . i lir l?' 1. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall Include all gendem 36. 11di s. 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 am intended by the parties as a cornple W,conclusive and final expression of all the conditions of their Contract. No other promises, statements, wMMtkA agreements or understandings, oral or written,tirade before or at the suing thereof shall be binding unless in writing and signed by all parties and umched herao. {Signature page follows} Revised 1115119 5 IN WME;S WWRTLOF_ the sry:���'c 1?ave ck"Wori 110Z CQ, j! i I�}1a`�S�3ftClV�S. CITY€F SALIN& SAS CONTRACTOR R Treat W.Davis,1M.D.,Mayor �. Fon ,Ac= Rcvl,ned 1115/19 6 ex.,46 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIMI9 11/25/2019 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT. FISCAL APPROVAL: NO: 7 PARKS AND RECREATION BY: ITEM FINAL APPROVAL N0: 3 } Pale I BY: Jeff Hammond BY. ITEM: Accept the bid from 81aason and Sons Signs, Inc. to Install LED Lighting on Various Park Shelters and Restrooms BACKGROUND: On July 23, 2018 the City Commission adopted Resolution Number 18-7581, which accepted the J City of Salina Parks and Recreation Master Plan. On August 19, 2019 the City Commission jadopted Resolution Number 19-7730 "showing support for and providing guidance for addressing j identified needed improvements in the Parks and Recreation Master Plan". The V project on the attached priority list includes replacement of electrical service and upgrade to LED lighting in park shelters and bathrooms. This project partially addresses this item by upgrading electrical service and installing LED lights in 10 parks structures. The current condition of the lighting is poor. All the lighting fixtures use outdated and inefficient technology and do not provide enough illumination and use substantially more electricity than current technology. Currently, shelters are continually illuminated at night with wall switches and photo cells to ensure a minimum of safety. Please see attached pictures of the current conditions of the lighting. The scope of the work that the department is asking approval for includes removal of the old fixture and bulbs and replacing with LED fixtures and lights and removing the light switches and old i photocells for a dusk to dawn motion sensor. The use of this technology would serve three { vaivahle purposes. The first would greatly reduce the use of electricity by only turning on the 1_.F:l- fixtures when motion occurs. The second would alert neighbors and police when the shelter or i bathroom is occupied. This is especially helpful when the park is legally closed. Lastly, it would deter vandalism since the light would turn on when motion is detected. All work would Include a one (1) year warranty on materials and labor. The remaining work in the specifications also include adding more outlets, adding outlet plug covers and relocating electrical outlets to more suitable locations. Adding more outlets would assist large events such as the Smoky Hill River Festival, KKOA, North Salina Community Development and numerous small special events and rentals. i Thore was a clarification of the specifications for Thomas Park Shelter to indicate the exact quantity ty of outlets required for that shelter. The opportunity to acknowledge the clarification was given to each bidder and included in the additional information. There are 10 park shelters and restrooms that were identified to receive LED lighting improvements Including: Hawthorne Park, Indian Rock Park, Jerry Ivey Park, Kenwood Park, Kennedy Park, Lakewood Park, Oakdale Park, Oxbow Park, Sunset Park and Thomas Park. These specific shelters and restrooms were identified for LED lighting improvements due their ' popularity, heavy use and existing poor lighting conditions and would be the most effective use of sales tax funds while having the highest impact: _ _T�_ __ � CITY OF SALINA i I? C-19 4-.00 P,A! AGENDA SECTION 0 1 Gil-N kT a N F FA I.";V N' r''.SLAL APPROVAL. NO PARKS :=AD RECREATION ITEM A" : ROVAL NO. Page BY: Jeff- Han, rn-end The following bids have been received. No. Bid a;f;d Srwn-�, Sioni;, Inc- 2, PFec-Is-IoNn Elerlrical 2 6, 6 0 Sped'k a t ionel, Park No. # -S"'o ec 0 a fil k)1.!!5 Meet Specfficatir, Gleason ti to Sons Flecir,ca! She i.,- na, rL I'c LED Yes yes lights with dusk to dawn/motion sensor b. Indian Rock Park (south shelter), convert to LED lights with dusk to dawn/mOTion sensor on outside of buAding, inside convert lights to LED. c. Jerry Ivey Park Gazebo, south shelter, north shelter, and two (2) restrooms, convert to LED lights with dusk to dawn/motion sensor d. Kenwood Park two (2) shelters, convert to LED lights with dusk to dawn/motion sensor. Kennedy Park shelter, convert to LED with dusk to dawn/motion sensor f �3! A ' (2) .:A-". :w;'.-�- Z2.'", �t�)i 1'; :1,1'." restrooms, convert to LED lights with dusk dawn/motion sensor g. Oakdale Pak three i;3; shelteirs, convert to LED 'lights `fjith dlwsk "a dq--4%,Wrn,-jUon sensor, shellkeF 111 add i 5 f','Aug covi�m relocate 4 piu,qs to oiling. s�elke-r#2 convert spotlight to LED h Oxbow Park sheltel, and restroom, on; LED lights with dusk to dawni'motion sensor, i. (2) sheltem, av:�d gazebo, add plug covers. Thomas Park shelter and restroom, convert to LED lights with dusk to dawn/motion sensor, add four outlets to accommodate kor CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 11/25/2019 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: PARKS AND RECREATION BY- _ ITEM FINAL A�PROVA� NO: Pages 3 BY: Jeff Hammond BY: I rAll electrical components shall comply with all Yes I Yes local and state, codes. �- — 3 All electrical components shall be installed per Yes Yes f _ manufacture specifications f i ! 4. All materials shall have a manufacture warranty Yes Yes for a minimum of one (1) year from the I � completion of the pLoject. 5. All labor shall have a minimum one (1) year Yes I warranty_ FISCAL NOTE: This project for Gleason and Sons, Inc. to Install LED Lighting on Various Park Shelters and Restrooms for $18,223 is planned to be paid using Special Sales Tax Funds (Account Number; .210 . 9500 91'10) RECOMMENDED COMMISSION ACTION: Option #1: Accept bid from Gleason and Sons Signs, Inc. to complete all work to remove old fight fixtures and bulbs and replace with LED lights and fixtures and other materials associated with the I 9 conversion. I Option #2; Deny request, City Commission provide direction to Director of Parks and Recreation on how to proceed. Staff recommends option #1 I, CATV OF SALIVA R!.QUEST FOR CITY COMMISSUN ACTION DA19 TIME -4-1q0 P Nt AL AG E N DA SIE:C-f 10 N FISCAPPROVAL. N0 By- PARKS AND REORFAT10"'I ITEM F1 NA 1, R 0 VA L NO: r BY, Page 4 a UW.ading to LED Lights xt4hl Ing 4 a mue lei mint of#ut IhLfturl. ww I rhMI51T CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 11/25/2049 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: PARKS AND RECREATION BY. ITEM FINAL APPROVAL: NO page BY: Jeff Hammond BY: CIP Priaiity Madel-Priojeet R;auldnigs Flank by Score whom each Parts VZ%t NI E b6'47,00 fulif1rm Snit" Pa 2 Al° rks.... Re a9l InVOn3a9. 3 " A;L larkz i $tf?CV1' rrw:!,L arc,an eai 7 "st `^njt "�t! jw a)f;L"',p1 M4,; 3513 ' 4 Qahme P8* 2a as needed on frog WOW stlsrckns Ui$ Pam sweers.,etc.; 366.a 5 indian Rook l}artt Indiana ovefdc• and tC STSs rebind ar t ea sr, r..._ . -----• 365.2 6 Oakw.s Park Oakdab resiraarr reptarenreart+Current Tis W Int M110sawrr5 are natAD&°tad are ateteatarak". 39.0 T Oaidab l ff msdott in War areas ffimdauft 361 8 Jerry Ivey Park Enst mae satety fatnos and suftctV"mmtTeW#wwft ground as pky eWpraer4.Remove menyjp mond. 355.4 Am :,Sy Pa*, Jerry bogy Poral mdse Aw does trout l`we a weff mcmMon f+ a, Tre wa",a suis grew from sl ire 353.0 do Ter a r and` erisr taed tt 10 Vaticus Perks RapWrepilacefenclaganesilewaft.There Is 4.7 ere of ctm fierce w)d i o.9 Smiles v sidewaCits 349°9 Muchin ww-h are re are P to B ibm t t ts9�" 761 Ipr1t gi gels irk 3402 t2 sunset Paris- ISUMA fir '")&W&1wW E24 Weds.lrrctftn a�irar�l� c7raans 3. .3 13 AN l rm Prtrctsi W tam Tor'ail wk ftbm 14 QC3oN Park _ S.y1 t5 &ht n Patty Atha 06aawmatwth ft ahoW rWid Who pwk as those it an ad nt sd"park. W2.6 76- takmow Park sweit trairt taSut a ndw 340.2 17 ssrza Partsfthaaft fumwmp 9"Oh as bvwtmz,fto rowmaks,aw my 340.2 Er .stR} any�Zrh lmpmwgwowoyamchulmfontoftpwwArernmMMaMelgile_ pDrtd nerds 339.7 to be rebuilt &maw mgm around id ECA „�____ 3".4 .leap Way Park Ke rsresterripark +atpartr for iwtx �t sfdgtrs 33f#.ti 21 AN Parks ReP11100 Wdbroken dd hApoftwW;At7A r skew 9374 stars tt" 22 Oakdale Park Remove old and detortareft comate pimic k bias. 33.4.8 23 s2n1w Park A aoupte of cizmew Pbk ftba and Starts gffiis stave dewb aced to stye polyd fty mead to be repkow 3248 MM ss�dr.�zr ns±ei 24. La;fw .d P.wR P.M M01stair 77 5303 1 6 -,P5 F,,',T::6 ti-Oz stew 333.9 2b a Lttdw:w Wli t'ep rd syod strUMes sync tr ass l;r atxy r ..c dal ►t *oft 933.4 to1456t"4 Pair we,' VSs'=311' dtl4hiaiiri'Nit s TFise C'Qfl, 330.2 MVV- Pram "dkmts. lawrt keS. 5311.1 �=.was;d t R 3 ,iblla rsstreams at;.n�:vca1 826.4; ,two PAM t t in a3 r aowams 32 i.B st 00aw Pais Remove and replace the old many-gNwnd wdh nrf ode 324.3 me ow c►etpirrq',kr smatter i a p� meziun ria z5mrm ws 2 pZft WAR, 324.2 Seek w=Wme From an AdzpM-M group to seep rjasn as nn ts rtes e k 3 War,_fit k;'artcdepadmffit do is do I on a s clan tris A � 323.9 14 lndw E Park Replace Indian Rack shOlar sultry m u*m snorer,borovm s a rj k +en 32!.6 35 jmits)Pa* Addrwa a mmatW noods&€7ru-wal&rtr^e,•ate ts{^pa t*fts,bast.'Nses,sdtetters,aic.)swarth w gram nv et .a 321.5 T 39 Ukewr w°arls Foundafim stills ate n of ft "s'S csrd 37 Mark Falk CORA"Mi?W r aae l.MG%IStOL'pallx is OW drz81sy W,%,it r4 ,y dirp1 y 15pr Rop sW;t iAtO7 five' A � 3a� � P€Stkst�trxbi�it♦"af>& s��ert�z�,rxi ?i - 378.5 42 ,.ee mmnal Pdtk Rewire r7"se-ro'.!CL ,,ilptp.",It:7$��"'v:.'of ;i'.7.vj:p7.^'.;`C,^.17'P N}W4 64-43"xrOrI for 0.a44-;2-#- 317.; CIO salhia 'KANSAS DEPARTMENT OF PARKS AND RECREATION R E Q U E S T v 0 R P R 0 P () S A L S Install LED Lighting upt Various Park Shefters vitid Restroona s September 2019 TABLE OF CONTENTS REQUEST FOR PROPOSALS----------------------Y-------------------------------------------- ------ I INFORMn' H)NI FOR PROPOSERS--------------------------------------------------------------------- 2 Ir IT Al'TA CI IME,NT#I SCOPE OF WORK --------------------------------------------------------- 7 RFP A.'I 1"ACIIMF.NT#2 SPECIFICATIONS --------------------------------------------------------- g RFP ATTACHMENT#3 - PROPOSAL COVER PAGE AND SUBMITTAL. CIIF'CKLIST --10 FORM OF CONTRACT DOCUMENTS FORM OF CONTRACT CONSTRUCTION GENERAL CLAUSES INSURANCE REQUIREMI'N"I"S FORM OF PI-RFOR.MANt`E BOND I'r')RM O PAYMENTBOND T,.- Cii% of Salim. Kanstm is currenik ;iocplmg prol-loNal, 11,1 inStallatiOn Of 111) lighlill.g. on vormus Dark sheltem alid remi-oku-ns locaied un ��-Airia- k-kiiisas '0' JIMIN)s"31" will he a ccerled- a- [ the "'00 1'k' Ash, Room 21M Sulbla. amil lian' RFP—S41ir,:; Parks 3l14 r Shelters and k L'.t'N-T, J"M F-11c sre'.:i fications, wid oflicir i:ow rad LiOLJVWWi , 'tre aVailihh[V I'L I I JlUbl It hll ,-UCIi011 at tile 11 L:c L I i h L- Parks and Recreati o n 1.1cp anin c ii t- C i J'.�A'j PL111 I% B u i I Lt i 11 e )0 all \%iFSL Ash. Koo in 100. Salina. Kan,w, The dmiments may obtaiIICLi fil'(1111 ail; oltice of ihL' Parks and Department. The CAy of Salina, kun.,;w;. reeserve.s the rig-lit w rejccl any or all propcsals i-ijl to waive any irregulariti-'-s therein. '714d- (',! 'I "' OF SALINA,KANSAS /s/ Stigndi Wicks CITY CLERK INFORMATION FOR PROPOSERS t. INVITATION TO SUBMIT PROPOSALS 1.1 The City of Salina is soliciting sealed Proposals for installation of I,I D lighting tyre various Salina Parks Shelters and Restrooms as defined below in 3. Description of Project. Th'! deadline for receiving Proposals is Octwhor 15. 2019. at 10:00 a.m. (CST). All Proposals must be received at the City-County Building, 300 W.Ash, Room 206. P.O. Box 736, Salina. Kansas 67402. 1.2 Proposals must be hand-delivered. or sent via return receipt delivery effected by certified mail. priority mail, commercial courier service. overnight delivery service, or other reliable personal delivery service to the City's above-referenced address. Vax proposals 1-will not be accepted. Proposals received after specificd time and date:will be returned unopened. 2. DEFINITIONS 2.1. Terms used in this Information for Proposers shall have the meanings assigned to them in the General Clauses enclosed herewith. provided that the following additional terms shall have the following meanings: 0 ['to cLsal: A completed and properly signed and submitted offer to provide the services and equipment as specified in the RFP Documents, which includes a pries: thcr%Ju a-ti specified by the Proposer, together with all required information and tither submittal:,. and which, if accepted by the City. will bind the Proposer to perforin the resultant Contract. The term "Proposal" shall have the same meaning as. and shall be devmi w, constitute,a"Bid"Ibr purposes of interpreting the Contract Documents. • Proposer: A person or entity who submits a Proposal in ucc ordancv \Vith the: RiJ) Documents. * RFP Documents: This Request for Prorc,-,►£ c a!eei all attachments hereto. and the Proposal. 3. DESCRIPTION OF PROJECT 3.1. The purpose of this Request for Proposals is to solicit proposals for installing LED lighting on the following park shelters and restrooms in Salina. KS: I 1 Iiawthorne Park Shelter, 715 North Ninth Street 7) Indiau Reck Park shelter(south on top of the hill), 1500 East Gypsum Ave. ;) Jcj,ry Ivcy Park. Gazebo. South ,Shelter, and North shelter. ^.465 E&vards Stre%t 4) Kenwood Park.two (2)Shelters, 821 Kenwood Park Dr. 5) Kennedy Park Shelter. 700 Jupiter 6) Lakewood Park, South Park large; shelter and restroom. North Park restroom. 1323 East Iron Ave. 7) Oakdale Park. Shelter Al.Shelter..Y2. and Shelter fl, 7301.Oakdale Dr. 8) Oxbow Park Shelter and restroom,, 901 faith Dr. 9) Sunset Park. medium shelters, 700 West Sunset Dr. 10) 'Thomas Park. shelterand restroom. 1525 North Nhith Street. 4. PROPOSAL SUBMISSIONS 4,1 7,�Trinj�n Proptwuls 00 ro-, Do valucr, in ink, in s-och form af3d such 'Q k i,, - .17160—irnaimn 8,3 -))F SbA[ dcsignaiL� their 1�- partners or sole owners shal; so state. giving the names of a" inlenged ra&L Ile penw) signing the Proposal shall initial all corrections or erasures. 4.216 it�nci oi'Doc�;,nents. lnerpre,,aiions.Addenda. 42J 11c swinknon kd a Palau! "T; o"iaawu an WoninvW54 rcpow"Idni dmi be C,;rr ri.7; ,�il.i- -i-eni-I illcl .:ofidilioil xnid Ind spCCOWS 0711, ap V"OcAnd poas and aqvirmenz. Ar,-Av 4N! or irm of"]nontract Dorurn-,rts or are to be submilied ?n wn` :g ;o 3."'.1le PY( cc,, NIanag-,er not Ws Man fhe (5) calendar days prior to Te dav of Prornsal c�pr�:nhj Qembns zu,in-,med wiH !-,c Iv-2sweved- by %vriul-mz adldcl�da ismed to au Froposers, vy'no il'ww(� obuinted, a coipry Cf thl; Reqoesz f r Propoaals Rom the Elm, (N-al'i ar o-0-icr !r;1--,crpreta.Jors or be void. widicut any legal cifect and do rxo!, lbind lh� City. ?23 AddmWa to the Contract Dfocurnt�ms sh.ah b,, pyupfrly acknowledged in the 71ropost�[%*s PrOPOS4 proposms Whi a-111 rcqzli-,��d siJbIT"tais, b�� at tN., .v-:.(..r ind;cwed ill tSis in WAV shmund! NCO, Cy mrk, alkwunpq Boilrift;s-, 300 W Ash, floorn Z06, PrBcky 73'6,SaRna. Kon�,as 67402 and idem Ted on rI fY outs ,de Propzo-,-r,s namm!and a;ld. th.0 ozk Parks and LHt)lig-44ing 'Ifers,and, Wtv-strwhiny fiv Piwk She L 43 G.z,�, nqvk Dom Kansw IaW: t. ;� -;n -x- 01,�! into 'D proposed contract price. We;ex AW, net bc VC, -,i3O! �`�,i the 4,4 All Proposals received will become i�l,- property of 14 Ch y aN will [lot be returned ,. the Proposers. AL,5 All costs incurred by a Proposer Proposal will be borne by the Proposer. 4.6 All questions concerning this project shall be forwarded to v`.c Rnl�ct MIzn?,ger lEste6 be;onv: Pititi. Aijrlill ' Varh- srO;--� ParP,s :;nd Necrealb" 17111 =dmk J24L11'4" "tjjttj t4S 2736 67404-11 5, PROPOSAL SECURITY 5.1 The City's Proposal security requirements?.reas li'saflows: (-X- indicates applicability): 3 Each Proposer shall submit with its Proposal a certified check, cashier's check. sir an acceptable bidding bond (written on a penal sum form), in the amount of five pCivent (5"b) 00" the total arriount shown on the Proposal. The Proposal security shall he made payable to 111c ('ity and will serve as a good faith guarantee that the Proposer will enter into any Contract awarded to the Proposer in accordance with the terms of the Proposal. If the SuCcesslirl � Proposer fails or refuses to enter into a Contract. or to hold the Proposal price. terms, or conditions firm, then, in addition to exercising ani! other available remedy at law or in quit,, the City may consider the Proposer to be in default and the Proposal security of that Prolrc►wr shall be forfeited and the money derived therefrom will he turned to the ww of she: Ci(N. Thw City may retain the security of any Proposer until sixty-ane (61) (lays after the Proposol opening, at which time the Proposal security shall he returned to all unsuccessful Proposcrs. Proposal security is not required for this project. 6. mu'LTIPLE PROPOSALS 6.1., Proposers may submit more than one Proposal for the City's consideration. in order to propos different design layouts. technical specifications, or general solutions to the City's nc_eds. 11' multiple Proposals are submitted by a single Proposer, each Proposal should be prepared on a separate Proposal (.'over Page.. and submitted to the City in a separate envelope with the {iovuincrrts and ink)rmation requested in Section 14 below. If alternate Proposals are submitted, only one Proposal security submission is required, provided that such security is based on the amount of the Proposer's highest single Proposal. 1. PROPOSAL WITHDRAWAL 7.1 Proposals may he withdrawn by notice in writing only if'received by the City prior to Proposal opening. After opening. Proposals may not be withdrawn and shall rer"ain open for sixty (60) days. K. SITE VISITS 8.1 Site visits are not mandatory, but interested Proposers are strongly encouraged to visit the all of the ten (10) Park Areas before submitting a Proposal. Any interested Proposer wishing, to visi{ the ten (1 p) Part: Areas for the purpose of gathering additional information should contact the Project Manager to schedule an appointment. 9. PROJECT TIMELINE 9.1 The City's anticipated schedule for solicitation, commencement. and completion of the project is as tallows: Advertise and Issue Request for Proposals------- September 23,2019 Proposals Due and Opened-----—---------— _.--------- ------ October 15, 2019 Contract Award--- 21, 20114 Notice of Award and Execution of Contract-----«------------ --------October 21, 2019 Issue Notice to Procccd22, ?A)19 10. AWARD OF CONTRACT; SELECTION CRITERIA 10.1 The City reserves the right to reject any and all Proposals: to waive any- and all inionnalitics Ur defects. to disregard all nonconforming, non-responsive or conditional Proposals: or to accept such Proposals as shall be deemed to be in the best interest of the City so to do. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the 4 indicated sum of any o'"fluures and dre cr,rl-ect kuiZl tlu;eeot'"-ill ire r,-sofived in favor of the correct sum. 10.2 in evaluating Proposals. the City will consider the Proposers' qualiti atior�s. understanding, of the project and proposed solution. experience. references. cost proposal, ability to gleet the project deadlines. and overall ability to satisfy tl,e City's needs. The City mai' also consider operating, maintenance and supply Costs, service response time, performance date, guarantees of materials and equipment and any other such data at the City's discretion. 10.3 The City may award a contract on the basis of initial Proposals received. Hoivever, the City reserves Else right to reque t additicna', ini`oimation •om any or al' Proposers. Therefore, eac'n Proposal submitted shculd contain the Pr-uposer's best tears. 10.4 1'kithial ten 00t Llai, of rcc6k i1l�,, a rM+_Ytfcc LYi' 1��'�1rMj. 1111.• stJecessl't[l I'l-0110SC1' ,Hall k!Ne Ute a t t1mr;l4:t %L ith tilt CI1,- in .I kir?-t suhstamiallx similar to that att+7Acd herctu. Pr+.}po.-;crs It{uld jnL'Ivde %%ah [heir Prclllwicd SI,lt'}r11iSSi0n5 an%' proposed cli;mg;:s or alttmi-mivc Voanti-act 1!111a'LULIU'V ror lilt: 'it4'L; vol)ti.Mcrit lon and ps3tctitlal ttegoliation. Sul.?nils-cion of a Vrollwiul sluill Lie deemed on otltr 1:11 coflt=t On tile tertlis sel forth ill 1110 prolx)ged Contract. `u ?v: S f . b :{ ?.S ^T iii cd�l�a',e•' colli ict tlrrnis ar'e o�kerwilse eNpresslx indicated ill tb 11. PERMIT'S AND AU`1°HOR CATIONS 11.1 The Contractor shall, at ''fld >CC LWe from !jW City'S [)ek 4100", ri l Department all permits,av:li,Y ine's. a; ''ti.''t:.r1 i: it°:'Y kif ihic tiV irk. 12. INSURAN—C"F ANO SURE Y �ANDS 19 x i -1 HpI b f d r aY�?u F 6 c..kT I`d^.l''.' coverage ilk e•l..a !'I�.:'4t lil the j.pro�a css-bd 1 t � S1� w Cc)M-s'S,�"'."� --OWHI !�.v'.'�i}°v and b .S- .i15'. M.i.r 12.2 .t0t }},�, to tt � ini the Contractor shall La 111, i °i; L°•+Pl+.t_ ,�1 t]IL.' i:1 f13i'y.�PEt..11 �f,f'-`yc :)I- ik94_ ia'ft;I I74';S'f,"..k and in the ?Ll_ 4�i�1 `1-1011 (-RN't"t.A .'SCOT'?' 011 [111tH.; flI .'.i4,tt \,% l_?.I .1:.•. t i L1;" .k'. I +�iej'[Crr: "G�.-}�4-t:'t Installation seam .ill. _ .i":.: ..11 .•r +- j.+:I F.i'• i:l .a i i..!'S :.. : ..�'.. 7,.. . :� t .11;.....'•1 l �-._ .: ;ii,! �!� +�'i}", .Ili'i+1: r'. ..III Itt11'�� hcs q lw�.l.4 Vk 1 irl'. 13.2 the LED I1g111HIg .1t10 LIc�c1Giti:Ml %%kll t }II.I I L01114IM-1 io all state and 9<`.w'ill 4 ` wj;; l't ``+ lei cq (1a-$ ,ars, adhere to Ilio [fa 3E 1���'r'�3F•i;.;..,,_._...�._r_ ,�..:.1_ .. 5 14. PROPOSAL FORM AND REQUIREMENTS 14.1 TO suhinit a Proposal.the Proposer must complete and submit the Proposal Cover Page.. in the form attached hereto as RFP Attachment#3. The Proposal Cover Page shall. among other things, provide a cost proposal for all of the proposed Work. including design. accessories and equipment,delivery and installation. The completed Proposal Cover Page forin will serve:as the: cover page f'ar the remaining documents and information requested in the suhmitud c:hei*list that follows the Proposal Coverage Page. 6 R,F P A TT A C�-,42 74 E N T 41 SCOPE OF WORK I General Scope of Work: 1.1 The Contractor shall he responsible for the wrnk4�y removal 'd-0 huht WNILITC.". bulbs. wirc. nails. screx%- . etc, the I I k:I I tT' .'I I LI ['L`� t r[IL?n 1, fil r Tie%w 1.1:D I i The Contractor shall provide all labor, materials, - ' accessories, . I required to complete the installation of LED lights n,.-- 1.3 1"he (2 on.'racl ow s]ha !I t" %C L;�let i t, kl%J4 k dawn motion switches. conduit. this conversi-on to I-ED lighting. 7 RFP ATTACHMENT#2 SPECIFICATIONS Install LED lighting on Various Park Shelters and Bathrooms General: 1. The (10) ten park shelters and restrooms to receive LED lighting are: a) Hawthorne Park Shelter, convert to LED lights with dusk to dawn/motion sensor b) Indian Rock Park (south shelter.), convert to LFD lights with dusk to dawn/motion sensor on outside of building, inside convert lights to LED. C) .ferry Ivey Park Gazebo, south shelter, .north shelter, and two (2) restrooms. convert to LED lights with dusk to dawn/motion sensor d) Kenwood Park vkvo (2) shelters, convert. to LED lights with dusk to dawn/motion sensor e) Kennedy Park shelter, convert to LED lights with dusk to dawn/motion sensor f) Lakewood Park south shelter and two (2) restrooms, convert to LED lights with dusk to dawn/nrotion sensor g) Oakdale Park three (3) shelters, convert to LE.D lights with dusk to dawn/rnotion sensor, shelter ti 1 add 15 plug covers, relocate 4 plugs to ceiling, shelter #2 convert spotlight to I-ED h) Oxbow Park shelter and restroom, convert to LED lights with dusk to dawn/motion sensor, add plug covers i)Sunset Park two (2) shelters, and gazebo, add plug coverS. j)Thomas Park shelter and restroom, convert to 1,1.:, lights with dusk to dawn/motion sensor, add more outlets to accommodate large groups 2. All electrical components shall comply with all local and state codes. 3. All electrical components shall be installed per manufacture specifications. 4. All materials shall have a manufacture warranty for a minimum of one (1) year from the completion of the project. 5. All labor shall have a minimum one (1) year warranty. 8 Access & Safety. 1. The work will b—I pet-formed duiringtine approved work 11OLIFS as determined by the City ol.'mal inla Contractor. 2. aO-ilekzicus-ing Jadde"s, scaffolding anr'Vor rrman- lifts. TI II)I-I cont-.1',act3r sf,,aT. take. scaffolding o3.- man-lifts. I I fj.�tcd 21. The ar-,�i w;ll I be -m-1.iored cl' --7,v I t1l-i vis,1 i0ll signs on the jo�) site duijing d-le cer-ovation . 11. j p rqf cc!- 4. The contractor shall take all necessary precautions during the period o!" service to protect existing City of Salina park facilities from damage !:?y -,vorko-len and shall repair or replace, at the contractor's expense, any damaged Propelly caused by the contractor's employees or subcontractors. 5. The c.-i i i i i c 1 15;i I (I associated iO-, ilke and ,..°] ".0 meet all I G. The contractor shall at all times, lkeep 1'.-c free i-1.1 F. (,7 tj "!j I J ;on by the enip-loyees- or of waste materials o- t, + ,rczuse6 subcontractor. 7. Upon completion oi'lhe work, rlllbb i silt, and, tools, f, 61e. All y, zrud -,nrpb,�s mZterri'a,C --i"hiall be i "v"d buJJ�-id'In g Suit�%Ces an�d Wo rl". a rc3s -,vii I b v 16"cft Clean. 9 RFP ATTACHMENT#3 PROPOSAL COVER PAGE FOR TO THE BOARD OF COMMISSIONERS CITY OF SALINA, KANSAS Commissioners: I. Proposal to Enter into Contract. The undersigned Proposer proposes and agrees, X this Proposal is accepted, to enter into a Contract with the City to perform all Work as specified vF intlivaled in the proposed Contrast Documents and this Proposal, for the prices and within the tir ics indic:aWd in this Proposal, and iii accordance with the other terms and conditions of the propc3sed C.-Oniract. D actunents. rrovaer Acknowledgments. Proposer accepts all of the terms and conditions of the Contract Documents. This Proposal will remain subject to acceptance for sixty (50) days after the Proposal opening, or for such longer period of time that Proposer may agree to in writing upon request by fhe City. Proposer will sign and deliver the required number of counterparts of the Contract with the bonds and other required documents, within ten (M) days after the date of the City's notification of award. 2. Provoser's Representations. In submitting this Proposal, Proposer represents that: a. Proposer has carefully reviewed the Contract Documents, and the Imilowing addenda, receipt of which is hereby acknowledged (.Note to Proposers--In this section, please indicate the title and date of each addendum received e.g., "Addendum 41, dated t? - 1 2019'): 2. 3. Proposer understands and agrees that in signing this Proposal,Proposer waives all right to plead any misunderstanding regarding the Contract Documents or the above-referenced addenda. b. Proposer has visited the Sites and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost,progress,and perfonnance of the Work. c, Proposer has given the Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the proposed Contract Documents, and the Project Manager's written explanation is acceptable to Proposer. 10 3. P;+ ;PljpjAFr,-pcs�r will complete the Wfrk as specified in this PrOPONDI and irl vilti,� tFe D3cuvlent� for the f0flowirg lvrnp sum prirc: ($--.I' (include amichnient for ............ any 4. Time of ComRietion. that the Work will be &d rcadjy f 5nal payment in witlh khf, CN�as-�S -wi,"Iliz, days after the C11-Y a Vafirdt-e,?.-gs. Ta--,-,-n�- us: in this FTopc;sal shaI' have 'he zneanjirws ass,*&�ned to ihLm the General Clauses inclu,'--cd with the Centrac, Documents. 6. Eqct . V gs y C vi al W. Pr.�.ikier Aad Vinebr-4 h.ciV submin checklist-and all docurn,m,is wid information vcq-�—tw-d NkME OF PROPCOSER: ADXPRESS: 2-yvo h, E-MAIL ADDRESS: Drz—, ff—e il-2eat -=4, fir I" �,- F. Q P TITLE: DATE SUBMIITF I Jfl 2440 ISI 9th Street Date Estimate,# Salina, KS 67401-8622 10/13/2019 671 Name/Address City of Salina 300 W Ash St Salina,KS 67401 There will be a 3.75%convenience fee for all over the phone _ or online debit/credit card transactions. Description Qty Cost Total Salina Parks& Recreation Lights and Install 8,993.00 3,991001, Electrical 9,230.00 9,210,OT i Th;s prim.does not include permit fees(billed at cost)if needed which will be added to your final invoice. We do require%z payment down upon bid acceptance,and require a Subtotal 518 223,00 signature o have any questions,you can contact a at 785-823.8615. Sales Tax (0.0%) $0.00 Thank you, Josh Dawson Total $18,223.00 PROJECT: LED LIGHTING AN PARK SHELTERS AND RESTROOMS I hereby Wertify that I have read and fuller understand the foregoing.. I atknowledge the clarification of the projects said specifications under RFP Attachment#2,specification#1,item j. "Thomas Dark shelter and restroom,convert to LEIS tM h yvlt,fdus)f Sensor,Rog meets to accommodate large groups," Furthermore,I acknowledge this,clarification without changing the bid prig proposal. Company Name: ,ke::��, , It ��,,• R., enc Company Representative Signature: Printed Name: Title: I 5 S2L� l fry.ta:'_ Date: RFP ATTACHMENT W PROPOSAL CO'M'ER PACE FOR TO'1`HF, BOARD OF COMMISSIONf-.RS CITY OF SAUNA, kr.hSAS (..'11 I I I711'ti 1 111i'1'S' l. Proposal to Enter into Contract. The undersigned Proposer propose. and agrees. if this Proposal i:; acccFltc(l, to etiter into a Contract with the City to pertbn;t all )Fork a,-,- indicated sindicated in the proposed Contract Doctnrtents and this Proposal, fur the prices and ixithirl the times indicated in this Proposal, and in accordance %, ith the other terms and conditions of dw pr€.lposcci Contract Documents. Proposer Ackuowleds ments. Proposer accepts all of the terms arid con&tiuns of tllr Contract Documents. This Proposal %,.ill remain snbiect to acceptance1'0r sixty EC,C; a�tlL after the Proposal epealing.. or for such longer- period of time that fliopo�cr ena� zgrI to 1;•r W-t-ifln�> Upon request by the C'ic,}. Proposer gill s:tn alld deliv'�i the rcG'lircd outnf?t:r _,;' cotlrterparts of the Contract tiith the bonds a:ld utller required documents, within ten (10) days atter the date of the City's notification of award. Proposeils Revreseittations. In submitting this Proposal,Proposer represents that: El, Pio-oxer lolls careflrlh, rr•.l`fc:Ybvd the (�untract I.)ncLi jjej1tS', idlls1 tl3t' t: �:tgt5`ill ' ialfllS'.nda. rt`.cv;pt of which is 11crelly ackliouledgcd (9'Vejw }'t) ple'asc inch(.ute the tali and dale (:1 dpch a ddC17etwo rete l'4d -4dilerrPclum #1, elated _ 2019 1. 2. Proposer understands and agrees that in signing this Proposal, Proposer waives all right to plead any misundcrstanding regarding the Contract Documents or the above-referenced addenda. b. Proposer ?las visited the Sites and become familiar with and is satisfied as to he general, local,and Site conditions that may affect cost, ;progress, and performance of the Work. c. Proposer has given the Project Manager written notice of ald conflicts, ell )r;�, ambiguities. or discrepancies that Proposer has discovvred in the late)pose(l Contract. Documents, and the Project Managcr's kkrill en vxplal)atioll is ttc c e::l�t:lf�le to Proposer. 10 I Price Proposal. Proposer will complete the Work a-s 9pecificd in this Proposal and in accordance with the Contract Docurnmis for the following? lump sum price: Twew.y sm thousand aig;ll hundred sixteen aid mirty=.efits (S 215-016 30 1 Sinchjdc attachment for arq additional Pricing options), 4, Time of Completion. 0. Fropeszr agr--es that the Work vviH be (,empk-tf--d and ready for final paymont in Ecco:-( 3w, wirh te CJAU�,es Within 51) days afler the ci-ry ieccives app:ov4z' gi-NUd issuas a nsk�t to L Rellidtiona. Terms used in this Proposal shall hxe the meanings assigned to them in the General Clauses included wit'h the proposed Contract Documents. 6. EnclosuM Proposer has completed and attached hcrL:10 a submidal checklist and ii i i documents and information requested therein. NAME OF ELFr`1101,C!a1 CONTRACTORS LLC SaJnai Ks 67402 E-MAIL ADDRESS: fI,:IJh,*Q . "� _8 BY: Jpsh Perez T7T' ,—'E: 'Se-v�ce t DATE SUBMTED: 0--tober 15, 2-;119 11 73 .k recision Electrical Phone: 785-309-009 1 Flax: 78.3-309-00 W Lontractors P-0. Box 1153 Salijw, K, 67102 EA11611 0j)j)C)11L1ui1Y F713ploycr F T rov,C's a i. L V Date: 10114r2019 Proposal#: 3 To: City of Salina Attn: Sbandi Wicks Job: Salina Parks and F?15�staiLELI? LerL4pd,E,�sn� )MS 9!—.- 1 Base Bid Price: $26,816.30 Price Firrn For: 30 Diys i. Price is to add or rework and upgrade lighting to park shelters and bathroom as listed on RFP Attachment #2. This price Excludes- I fvwThoi rie Park- ('011CMIC cutting and patching to get power to the shelter post. Kennedy Park-Westar fees if needed. ks well as any work needed to bring the cxisting abandon service up to code. 1,akuwnod Park- North bathroom If you have any questions. please feel free to call. Josh Terex ServiceManager (785)-577-4872 -%H material is guaranteed tube as specificd-All%ork to be completed in a professional manner according ter sundki(d practices A n% jtjjerjjjon..t)j- de-tiations from above specificaticms invol%ing extra cost will be executed only upon wiittenorders.aid w oil become an extrjjcjjajccu5ur and fibmL I fa estimate.All agreements contingent upon strikes.accidents,or dcla)s beyond our control Owner iocarry fire.tornado and other necessur% insinivice Our workers are ruQY co%ered by Workman's compensation insurance. BIDDER'S ACKNOWLEDGMENT PROJECT LED LIGHTING ON PARK SHELTERS AND RESTROOMS I hereby certify that I have read and fully understand the foregoing. I acknowledge the clarification of the projects bid specifications I. RFP Attachment 42, Specification 41, I,ern j. "Thomas Park shelter and restroom, convert to LED lights with dusk to dawn/motion sensor,add 4 outlets to accommodate large groups," Furthermore,I acknowledge this 0arification WAhaat dhanc-Y4!-,z sthe bid price proposal, Company Name: Precisicrri Electrical -11"Mtractur; Company Representative Signature: Printed Name: L,. rif Title: - Date: Estimate 2440 N 9th Street Date Estimate# Salina, 67401-8622 10/1 5!20199 671 Name/Address City of Salina 300 W Ash St Salina,KS 67401 There will be a 3.75%convenience fee for all over the phone or online debit/credit card transactions. Description Qty Cost Total Salina Parks& Recreation Lights and Install Electrical 8,993.00 8,993.00T 9,230.00 9,230.00T This price does not include permit fees(billed at cost)if needed which will be added to your final invoice. We do require YS payment down upon bid acceptance,and SUbtotal $18,223.00 p require a signature a ro u have any questions,you can contact 85-823-8515. Sales Tax(0.0%) $0.00 Thank you, Josh Dawson Total $18,223.00 I 2440 N. 9th Street Salina, Kansas 67401 785-823-8615 October 15, 2019 To: Board of Commissioners, City of Salina, KS Re:Salina City Parks and Rec LED lighting I, Drew Dawson,with Gleason and Son Signs, surveyed and evaluated park shelters and restrooms at each requested location. Gleason Signs can offer services to complete the requested scope of work for$18,223. Gleason Signs joined a US lighting company out of Atlanta Georgia (NetZero-USA), providing the longest in-house warranty available in the LED market. I have enclosed spec sheets on the lightsthat I have chosen to replace the current lighting. Within those spec sheets, I highlighted the light and the warranty those lights retain. In addition to the light's warranty,Gleason Signs offers a labor warranty equal to the duration of the provided light warranty.With a less than one percent failure rate, I am confident that our LED conversion will not only provide savings but accommodate a long-lasting product. The dusk to dawn sensors come with a 1 year warranty. Further information about NetZero LED lighting can be found at http:( netzero-usa.com/.On this website,a person can find warranty information, product, and case studies of projects our team members have completed in the past. We always appreciate the opportunity to offer our services and look forward to helping improve the value and appeal of our community. Thank youl Drew Dawson Gleason and Son Signs/NetZero-USA. i = �. Estimate ,. 2440 N 9th Street Salina, KS 67401-8622 gate Estimate# 10/15/2019 67I Name/Address City of Salina 300 W Ash St Salina,KS 6740I There will be a 3.75%convenience fee for all over the phone or online debit/credit card transactions_ Description Qty Cost Total Salina Parks& Recreation Lights and Install Electrical 8,993.00 8,993.00T 9,230.00 9,230.00T This price does not include permit fees(billed at cost)if needed Which will be added to your final invoice. We do requirc%payment down upon bid acceptance,and require a SUbtotal $18,223.00 signature of approval below. If you have any questions,you can contact me at 785-823-8615. Sales Tax (0.0%) $0.00 Thank you, Josh Dawson Total $I8,223.00 w r LED WALL PACK a SERIES Project Name: Yf Series P/Ns: ` Prod ■ ' Prepared By: Date: ✓American Designed&Engineered ✓10 and 5 Year,Non-prorated Warranty Options t ✓Exclusive NetZero USAQ Performance Guarantee + ✓Dark Sky Compliant and Rotating Options ✓DLC and UL Listed ti'= Ott; LIMB s NZLED'4060 Semi C.I..„..all Packpictured above. summe Description •, ?AIM Va0 Ppps P.rtv[, ..°u F'ir•. Semi Cutoff Wall pack Full Cutoff Wall Pack Semi Cutoff wall Pack Full Cutoff Wali Pack Type Replacement Replacement Replacement Replacement Replacement Replacement Inputpower 20W saw sow 60W 100W 100W liepatVoltags AC100-277V AC'IOO-277V AC100-277V ACI00-277V AC100-277V IP Rating IP65 ��� IPG1 IP65 Lumen 11365 IP65 IP85 2147 7503 7261 7482 12490 13190 AppOeatlom Exterior Exterior Exterior Exterior Exterior Exterior Varranty 5VCG" •' 30 Yr Diodes/7 Yr Driver 10 Yr Diodes/7 Yr Driver 10YrDlodes/7Yr0river 10yrDiodes/7YrDriver L70Lifetime >100KHours >100KHours >100KHours >100KHours >100K Hours >100KHours Driver Internal Internal Internal Internal Internal IrKernai operating Temp. -4°FT01231F -VF'Io123°F -4°FT0113°F -4°FT0113°F -4°FT0113°F -4°FT0113°F Grounded YES YES YES YES YES YES 4sov x x x X x x Dimmable x x x k x 1d Darksky x x x ✓ x 60AwilableKehrim 5000K 5000K 5p00K 5000K 5000K SOOOK Housing Color Brown Brown Brown Brown Brown Brown Accamorias k 4060H1.11; x Y F 1 DUCListed X Vending ✓ +✓ DL listed V ✓ ✓ ✓ Ell Listed # x ✓ x � � EmmuStar it x X x x x X n`f eroUsa- 75651ndustrialCt,AlpharettaGA,30004 LEC)LIGHTING SOLUTIONS 678.456.5245 1 Fax_88B ,9 9293 I 4 a !�' LEVEL 111 • ■ K IT SE ■ 1 ES Project Name: ['y trK �,��( ' �� 16 Series P/Ns: Prepared By: Date: - F — - ✓American Designed&Engineered ✓7 and 5 Year,Non-prorated Warranty Options. ✓Exclusive NetZero USA®Performance Guarantee ✓Easy Installation . ✓DLC and ETL Listed 9E51GNEp 4F1 I CJA .AN FN � NZLEDe 0447 40W Level Ili Strip Kit pictured above. Description MEN", x2roq-t w. 2'Kit 4'Kit 4'Kit 4'Kit Type Retrofit Rehpfit Retrofit Retrofit Retrofit Retrofit Input Power 30W 30W 30W WIN 40W 40W Input Voltage AC100-277V ACICO-277V AC100-277V AC10D-277V IP Rating IP64 AC10Q-277V AC100-277V IPS4 IP67 IP67 IPfi4 IP67 Lumeas 3166 3462 3113 3337 4580 4397 Applications kte-der InWor Interior InterlDf lnterlor InteriorWarnaey 1L10n 7Years 7Years SYears 7Years L70 Lifetime -100KHours >300KHours >100K Hours -100KHours a1001(kours >100K Hours Driver NetZero USA NetZero USA NetZero USA/Mean Well N etZe►o USA NetZero USA/Mean Well NetZero USA/Mean Well operating Temp. 23°F To122•F 23°FT0122°F 231FTU122°F 23°FTO1221F 23'FTO1220F 23°FT0122°F Grounded YES YES YES YES YES YES 480V x it x x x x Dimmable V ✓ ✓ Dark Sky x x x x x Avall■hle Kelvins 4000K,SOOOK 4OWOK,5000K 4000K,5000K 4000K,5000K 4000K,5000K 4000K,5000K Horsing Color x 39 x x Accessories 0302,0304,0034 0302,0304,0034 0302,0304,0034 030;031114,0034 03OZ 0304,0034 03OZ 03%0034 F ` DLC Listed `/ ✓ ° UL Listed x x ✓ x x x x ETL Listed Energy Star x X ✓ x 39 x nefer ousd'� 7565 Industrial Ct,Alpharetta GA,30004 LED LIGHTING SOLUTIONS 678.456.5245 1 Fax:888.456.9193 NF 'A AT PANEL SERIES ProjLEbFL ect Name: Series P/Ns: PrOdLiCt SPeV,4'fiCatj43I`lSPrepared By: Date:--- - -- T — — ✓American Designed&Engineered ✓10 Year,Non-prorated Warranty on Diodes ✓Exclusive NetZero USA®Performance Guarantee ✓Wireless Control of Color Temperature&Dimming ✓DLC and U!_Listed A O'ESIGNFOF� \44'fGAN �i WIND •as NZLEDe 8240-MK 40w Wireless Multi-Kelvin Flat Panel w/MKR Remote pictured above, Description g';:.j` 2'X 4' 2'X 2' 2'X V Wireless Multi-Kelvin Wireless Multi-Kelvin Type Replacement Replacement Replacement Replacement Inpmt Power 4ow Saw 4ow Sow rnP■tVoltage AC100-277V AC100-27N AC100-277V AC100-277V 1P Rating IP40 IP40 IP40 IppO Lament 5216-5448 5750-6050 4082 576D Applications Interior Interior r.�� .� Interior Interior warm" ='�"ar;J���.IF<,7'-Jf510 Years Diodes/7 Years Driver 10 Years Diodes/7 Years Driver 10 Years Diodes/7 Years Driver L7OLifs4me -100KHours -100K Hours -100K Hours >100K Hours Driver Internal Internal Internal Internal Oporating7emp, -47 TO 113°F -4°FTO113°F -4°F TO 113°F -4•F TO I13"F Grounded YES YES YES YES 460V % % % gr Dimmable ✓ ✓ ✓ Dark siFy k Available Kelvins 4000K,5000K 4000K,5000K 3000"000K 3000K-8=K Hooting Color White White White White Accessories 8240PM,8240sM $450PM,84505M 8240M,82405M,MKR.MXW 8450114 84505M,MKR,MKw MEMOMML DLC Listed ✓ ✓ ✓ - m L;tted ,� � ✓ ETL Listed k ✓ k k Er"yStar % % k x net emisa- 75651ndu5trfal Ct.,Alpharetta GA4 30004 annaaaaaa LED LIGHTING SOLUTIONS 578-456.5245 1 Fax:886,456.9193 9 il CANOPY ■ SERIES Project Name-, Series P/Ns: Prepared By: AQblYe a+sL5r� - Date: 10 -f ✓American Designed&Engineered ✓10 and 5 Year,Non-prorated Warranty Options ✓Exclusive NetZero USA®Performance Guarantee ti Indoor and Outdoor Applications ✓DLC and UL Listed �o�4wHeoaE 'sc "- 19ji:- 1 �L :•��gCde LIST90 NZLEDa 40255 55W Parking Garage Light pictured above. Description Canopy Light Type Replacementf Replacement Input Power 55W 150W Input Voltage AC100-277V AC100-277v IP Rating IP66 IP65 Lumens 6M 15934 Applications Interior/Exterior Interior/Exterior Warranty 10 Years Diodes/7 Years Driver L70 Lifetime >100K Hours n1001(Hours Driver Internal Internal Operating Temp. -VFTO 113°F -4'F TO 113'F Grounded YES YES 480V % Dimmable % Dark Sky AvallaWe Kelvins SMK 5000K Housing color White White Aetesorlas X % 0 DI.0 Listed 004 UL Listed ✓ ✓ Err.Listed % 7i Energy Star %nefZ % erousa- 7565Industrial Ct.,Alpharetta GA 30004 aaaaaaaaw LED LIGHTING SOLUTIONS 678.455.5245 I Fax:888.456.9193 -� LE& _ WALL PACK Project Name: �. Series P/Ns: cationsPrepared By: Date: ✓American Designed&Engineered ✓10 and 5 Year,Non-prorated Warranty Options ✓Exchisive NetZero USA®Performance Guarantee � rt' ✓Dark Sky Compliant and Rotating Options ✓DLC and UL Listed /�otiSIGNEpfF -. 20 NZLEDe 4060 Sam!G.rgM';,,,II Pack pictured above. 4 rf E Description i r it9Ntiilll4yl P�t:EEH,¢VgrhPALV. Semi Cutoff Wall Pack Full CutofFWallPack Semi CutoffWall Pack Full Cutoff Wail Pack Type Replacement Replacement Replacement Replacement Replacement Replacement Input Power 20W 60W 60W 60W 100W 100W Input voltage AC100-277V AC10D-277V AC100-277V AClOD-277V AC100-277V AC100.277y IP Rating IRS IP61 IP65 IP65 IP65 IP65 Lumens 2147 7503 7261 74$2 12490 13190 Applications Exterior Exterior_ Exterior Exterior Exterior Exterior Warranty S 10YrDiodes/7YrDriver 10 YrDiodes/7YrDriver 1DYrDiodes/7YrDriver 10 Yr Diodes/7 Yr Driver LyOLihtime >100KHours >100KHeurs >100KHours >100X Hours >1001K Hours >100K Hours Driver Internal Internal internal Internal Internal Internal OlperatingTemp. -4°F TO 113T -4 FT0113°F -4°FT0113°F -4•FTO113"F -4°F TO 113°F -4F TO 113T Grounded YES YES YES YES YES YES 480V X X X x x X Dimmable X X X X X X Dark sky X X X ✓ x ✓ AuslabieRelvine 30ODK SOWK 5000K 5000K 5000K 5000K Housing color Brown Brown Brown Brow Brown Brown Accessories X 4060-R.1P tt X 7t � M DLC Listed X*Pending UL Listed e/ ✓ En.Listed X X X X X EoN'gySter X X X X X X X rtef e ous6 w 7565 Industrial Ct.,Alpharetta CA,30004 LED LIGHTING SOLUTIONS � 678.456.5245 Fax:888.456.9193 COB LIGHTB SERIES Project Name:LEO Series P/Ns: _ AMERICAN ENGINURED e u Lt S+ Prepared By: It?��1 _.._ Date: -'American Designed&Engineered ✓5 Year,Non-prorated Warranty on Diodes ✓Exclusive NetZera USA®Performance Guarantee Y . ; ✓Indoor and outdoor Applications ✓UL Listed -000t Mill NZLEDe 5030 30W Cobh Light pictured above. 1• Description Edison Base Type Retr°6t Retrofit Input Power 9w 3pW Input Voltage ACIGO,277V ncsaa-z77v IP Rating IP64 lP64 Lumens 2080$170 3200-3400 Applications Interior/Exterior Interlor/Exterior Warranty 5 Years L70 Lifetime -100K Hours a104K Hours D river Internal Internal Operating Temp. -VFT0113°F -4°F TO 113°F Grounded YES YES Base E26 E39 48" x x Dimmable x Dark airy X Aa llshis Kollo: SGOOK soonK Housing Color # x Accassorles x x SOL AlChEA-1116 DLC Listed 39 It*pending + UL Listed ✓ ETL Listed x Enorgystar x x ne1 eroUS3- 7565 Industrial Ctv Alpharetta GA,30004 LE��TING SOLUTIONS 678.456.5245 1 Fax:B88.456.g193 h b y a ■TITE SERIES Project Name: Series P/Ns: s Prepared By: Date: ✓American Designed&Engineered ✓5 Year,Non-prorated Warranty ✓Exclusive NetZero USA®Performance Guarantee ✓Indoor and Outdoor Applications ✓DLC and UL Listed �F 'S trig ' ✓ UMD NZLEOB 3364-H 36W 4'Vaportite pictured above. Description i ' ,4`rk� ?�1 4'VaportitebustTightiTypeCl TYPO Replacement Replacement Input Power fly 36W Input Ybitage AC90-305V AC90-305V IP Rating I1305 IP61 Lurrmns 4380.444624.48 4524.48 AppBcations IMerior/Exterlor Interior Mrranty "'leaf. 5 Years L70 Lifetime a1001(Nours -100K Hours Driver Internal internal operating Temp. -131F TO 104"F -13°F T0104°F Grounded Y6 YES 4aov x x Dimmable- V ✓ Dark sky 39 x AvalleldsNalvins 4000K,5000K 5000K Noruing Color Why White Accessories # M i DLC Listed UL Listed .f ETL Listed X x EOerglrstar x x ,net erousa- 7565 Industrial CL Alpharetta GA,30004 LED LIGHTING 50LUT IONS 678.456.52461 Fax:888.456.9193 a DATE IMMIDD Ate=EP CERTIFICATE OF LIABILITY INSURANCE 12/31/2019 nrvY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. if the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Michelle Murk THE DAVIDSON AGENCY-BENNINGTON NAME: PO BOX 366 785-488-3300 FAx M. Ac No:785-486-3306 E-MAILeaysona en 201 N Nelson ADDRESS: michellemurkthdid � 9 cY•net Bennington KS 67422 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A:EMC 21415 INSURED Josh Dawson INSURERB:EMC Property and casualty ins 25186 Gleason&Son Signs INSURERC: 2440 N 9th St INSURER D: Salina KS 67401 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20191219082554866 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP OMITS LTR POLICYNUMBER MM MMIDO X COMMERCYIL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTFU__ CLAIMS-MADE M OCCUR PREMISES Ea occurrence $ 300,000 A MED EXP(Any one person) $ 5,000 Y Y 5D44297 03/14/2019 03/14/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY[--]jEa 0 LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: FireLe al Liabili s AUTOMOBILEUABILITY C ccidennt SI Ea NGLE LIMIT $ 1,000,000 accident) accid X ANY AUTO BODILY INJURY(Perperson) S AOWNED SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY(Per accldant) S X HIRED X NON-OWNED Y Y 5E44297 03/14/2019 03/14/2020 PROPERTY DAMAGE s JAUTOS ONLY AUTOS ONLY Per accident S X UMBRELLALIAB - OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESSUAB CLAIMSWADE Y Y 5J44297 03/14/2019 03/14/2020 AGGREGATE $ 1,000,000 OED I I RETENTIONS Commercial Umbrella $ 1,000,000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y!N STATUTE ER BANYPROPRIE'rORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICERIMEMBEREXCLUDED? F-1NIA Y 5H44297 03/14/2019 03/14/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 Mdescribe under RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Addltlonal Romano,Schedule,may be athwhed H mom apace Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 300 W Ash St, Salina, Ks 67401 AUTHORIZEDREPRESENTATIVE ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD GENERAL CLAUSES TABLE OF CONTENTS 1. APPLICATION-----------------------------------------------------------------------------------------GC-1 2. DEFINITIONS------------------------------------------------------------------------------------------GC-1 a. Bid----------------------------------------------------------------------------------------------------GC-1 b. Bidder-------------------------------------------------------------------------------------------- GC-1 c. Change Order---------------------------------------------------------------------------------------GC-1 d. City---------------------------------------------------------------------------------------------------GC-2 e. Contract- -------------------------------------------------------------------------------------------GC-2 f. Contract Documents-------------------------------------------------------------------------------GC-2 g. Contract Price---------------------------------------------------------------------------------------GC-2 h. Contract Times-------------------------------------------------------------------------------------GC-2 i. Contractor-------------------------------------------------------------------------------------------GC-2 j. Drawings--------------------------------------------------------------------------------------------GC-2 k. Engineer---------------------------------------------------------------------------------------------GC-2 1. Inspector--------------------------------------------------------------------------------------- GC-2 m. Milestone--------------------------------------------------------------------------------------------GC-2 n. Notice to Proceed----------------------------------------------------------------------------------GC-2 o. Site---------------------------------------------------------------------------------------------------GC-2 p. Specifications---------------------------------------------------------------------------------------GC-3 q. Standard Specifications and Test Methods-----------------------------------------------------GC-3 r. Substantial Completion ---------------------------------------------------------------------------GC-3 s. Work------------------------------------------------------------------------------------------------GC-3 3. TERMINOLOGY--------------------------------------------------------------------------------------GC-3 a. Day --------------------------------------------------------------------------------------------------GC-3 b. Defective--------------------------------------------------------------------------------------------GC-3 c. Furnish----------------------------------------------------------------------------------------------GC-3 d. Install----------------------------------------------------------------------------------------------GC-4 e. Perform; Provide-----------------------------------------------------------------------------------GC-4 4. COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED-------------------GC-4 5. BONDS --------------------------------------------------------------------------------------------------GC-4 a. Performance Bond--------------------------------------------------------------------------------GC-4 b. Statutory Bond-------------------------------------------------------------------------------------GC-4 6. INSURANCE REQUIREMENTS-------------------------------------------------------------------GC-4 7. PATENTED DEVICES AND PROCESSES-------------------------------------------------------GC-5 8. WATER, GAS AND ELECTRICITY---------------------------------------------------------------GC-5 Revised 1-11-18 GC-A 9. PERMITS, LICENSES AND REGULATIONS---------------------------------------------------GC-5 10. 'NOTICES------------------------------------------------------------------------------------------------GC-5 11. OBSTACLES AND OBSTRUCTIONS ------------------------------------------------------------GC-5 a. Subsurface Obstructions --------------------------------------------------------------------------GC-6 b. Surface Obstructions ------------------------------------------------------------------------------GC-6 c. Public Utilities--------------------------------------------------------------------------------------GC-6 d. Trees and Shrubs-----------------------------------------------------------------------------------GC-7 e. Sodded and Landscaped Areas-------------------------------------------------------------------GC-7 f. Privately Owned Obstructions -------------------------------------------------------------------GC-7 12. SALVAGED MATERIALS--------------------------------------------------------------------------GC-7 13. MATERIALS FURNISHED BY CITY-------------------------------------------------------------GC-7 14. BARRIERS AND LIGHTS---------------------------------------------------------------------------GC-7 15. RESPONSIBILITY FOR PROPERTY DAMAGE -----------------------------------------------GC-7 16. PUBLIC CON VENIENCE ---------------------------------------------------------------------------GC-8 17. QUALITY OF MATERIALS AND EQUIPMENT-----------------------------------------------GC-8 18. WORKNIANSHIP--------------------------------------------------------------------------------------GC-8 19. PRESERVATION OF 'MONTUMENTS AND MARKERS--------------------------------------GC-8 20. TEST SAMPLES AND SPECIMENS--------------------------------------------------------------GC-8 21. SPECIAL CONSTRUCTIO'_V METHODS---------------------------------------------------------GC-9 22. SHOP AND ERECTION DRAWINGS-------------------------------------------------------------GC-9 23. REPRESENTATIONT----------------------------------------------------------------------------------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 ENGE EER-------------------------------------------------------GC-11 Revised 1-11-18 GC-B 31. INTERPRETATION OF CONTRACT DOCUMENTS --------------------------------------GC-11 32. INSPECTION-----------------------------------------------------------------------------------------GC-11 33. WORK AFFECTED BY WEATHER------------------------------------------------------------GC-12 34. CONTROL AND REGULATION OF WORK--------------------------------------------------GC-12 35. USE OF COMPLETED PORTIONS--------------------------------------------------------------GC-12 36. VARIATIONS, CHANGES AND MODIFICATIONS----------------------------------------GC-12 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT----------GC-13 38. CITY'S RIGHT TO SUSPEND WORK--------------------------------------------------------GC-13 39. CITY'S RIGHT TO TERMINATE CONTRACT-----------------------------------------------GC-13 40. PAYMENTS TO CONTRACTOR---------------------------------------------------------_-----GC-14 41. FORCE ACCOUNT---------------------------------------------------------------------------------GC-15 42. EXTENSION OF CONTRACT TIMES----------------------------------------------------------GC-15 43. LIQUIDATED DAMAGES------------------------------------------------------------------------GC-17 44. ALTERNATES-------------—-----------------------------------------------------------------------GC-17 45. CERTIFICATES OF COMPLETION-------------------------------------------------------------GC-17 a. Substantial Completion-------------------------------------------------------------------------GC-17 b. Final Completion--------------------------------------------------------------------------------GC-18 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD -----------------------------------GC-18 47. MAINTENANCE OF PROJECT SITE-----------------------------------------------------------GC-19 48. SCHEDULE A -INSURANCE REQUIREMENTS -------------------------------------------GC-21 Revised 1-11-18 GC-C Revised 1-11-18 GC-D CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 1. APPLICATION. These General Clauses are a part of the Contract Documents and shall be binding upon all parties, except for the parts obviously not applicable to the particular Contract, or if specifically revised, modified or supplemented by the technical Specifications, Bid, or Change Order. 2. DEFINITIONS. When the following terms are used in the Specifications or other Contract Documents, the intent and meaning shall be interpreted as follows: (a) BID. The written offer of the Bidder to perform the contemplated Work in accordance with the Contract Documents and setting forth the prices for the Work to be performed. (b) BIDDER. Any individual, partnership, firm or corporation submitting a proposal for performing the Work. (c) CHANGE ORDER. A written proposal and agreement, executed by the Contractor and City and accompanied by new surety bonds in the full amount of the change order, covering Work not included in the original Contract Documents. The City reserves the right to waive the requirements of new surety bonds. Change orders shall include such supplemental drawings and technical specifications as may be required to show the location, character, details, and extent of the additions, deletions,or modifications. If applicable unit prices for these additions or deletions are not contained in the original Contract Documents or if the total net change increases or decreases the total Contract Price more than twenty-five percent (25%) the City shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from the Contractor covering the Work involved in the change. If the proposal is acceptable, the Engineer shall then prepare a Change Order which includes a detailed description of the change in the Work, a definite statement as to the resulting change in the Contract Price and/or time, and a statement that all Work involved in the change shall be performed in accordance with Contract requirements except as modified by the Change Order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached,the City may order the Contractor to proceed with the Work on a"Force Account"basis pursuant to Section 41 below. Revised 1-11-18 GC-1 (d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or through legally authorized officials. (e) CONTRACT. The written agreement covering the performance of the Work. (f) CONTRACT DOCUMENTS. Those items so designated as the "Contract Documents" in the Contract. (g) CONTRACT PRICE. The moneys payable by the City to the Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Contract. (h) CONTRACT TIMES. The number of days or the dates stated in the Contract Documents to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment. (i) CONTRACTOR. The individual, partnership, firm, or corporation executing a Contract, acting directly or through lavvful 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. 0) DRAWINGS. The working drawings, supplemental drawings, or reproductions of the drawings showing the location, dimensions, and details of the Work to be done. (k) ENGINEER. The City Engineer of the City of Salina, Kansas, or the City Engineer's designated consulting engineer. (1) INSPECTOR. An authorized representative of the Engineer or an authorized representative of the City assigned to inspect the Work performed or materials furnished by the Contractor, or all other duties required for construction of the project as set forth in the Specifications. (m)MILESTONE. A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. (n) NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work on the Contract Documents. (o) SITE. Land or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of the Contractor. Revised 1-11-18 GC-2 (p) SPECIFICATIONS. The directions, provisions, and requirements pertaining to the method and manner of performing the Work, to the kind and type of equipment,or to the qualities of materials to be furnished. (q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are hereby made a part of the Contract Documents to the same extent as if fully set forth herein. Reference to such "Standard Specifications" shall be deemed to refer to the latest standard and tentative standards as are in force on the date Bids are received. (r) SUBSTANTIAL COMPLETION. The time at which the Work (or a specified part thereof)has progressed to the point where, in the opinion of the Engineer,the Work(or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that it can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to the"Substantial Completion"thereof. (s) WORK. The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the construction project required to be provided under the Contract Documents, and the carrying out of all the duties and obligations imposed by the Contract. 3. TERMINOLOGY. The words and terms discussed below are not defined but, when used in the Contract Documents, have the following indicated meaning: (a) DAY. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. (b) DEFECTIVE. The word"defective,"when modifying the word"Work,"refers to Work that is unsatisfactory, faulty,or deficient in that it: i. Does not conform to the Contract Documents; ii. Does not meet the requirements of any applicable inspection, reference standard,test, or approval referred to in the Contract Documents; or iii. Has been damaged prior to the Engineer's recommendation of final payment(unless responsibility for the protection thereof has been assumed by the City in accordance with Section 35). (c) FURNISH. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. Revised 1-11-18 GC-3 (d) INSTALL. "1 he word -install,"when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. (e) PERFORM: PROVIDE. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. When "furnish," "install," "perform," or"provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor,"provide" is implied. 4. COMMENCEMENT OF CONTRACT TIMES,NOTICE TO PROCEED. The Contract Times will commence to run on the thirtieth day after the effective date of the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A 'Notice to Proceed may be given at any time within 30 days after the effective date of the Contract. 5. BONDS. The Contractor shall furnish such surety bonds as hereinafter identitted and described. Any and all bonds shall be so written as to make the Contract.Documents a part thereof, whether by reference or attachment, in order to give the surety full notice of the conditions thereof. Each bond shall be a legally issued surety drawing in an amount not less than the total Contract Price, meeting the approval of the City and all other parties concerned as required by law as to form, tenor, execution and surety, and shall be delivered to the City, along with the executed Contract, within ten (10) days after the City's notice of award. The Contractor shall have no rights under the Contract until such acceptable bonds have been furnished and delivered. The City may waive the conditions as to time, and the acceptance of said bonds after expiration of the specified interval shall not affect the validity of the Contract or any such bonds. The Contractor shall furnish the following: (a) PERFORMANCE BOND. A performance bond, in the form provided by the City, running to the City, conditioned upon the prompt, full, and complete performance by the Contractor as principal of all covenants, obligations, and agreements contained in the Contract Documents. The performance bond shall remain in effect until completion of the two (2) year warranty period specified in Section 46 below. (b) STATUTORY BOND. A payment bond, in the form provided by the City, running to the State, conditioned that the Contractor as principal shall pay all indebtedness incurred for labor, supplies, equipment, and materials furnished in making the improvements called for by the Contract Documents. 6. INSURANCE REQUIREMENTS. The Contractor shall purchase and maintain, and shall require each of its authorized subcontractors to obtain and maintain, for the duration of the Contract, policies of insurance, Revised 1-11-18 GC-4 providing such coverages and meeting such requirements as specified in Schedule A attached hereto. 7. PATENTED DEVICES AND PROCESSES. All fees, royalties, and licenses for any patented invention, device, article, or process used in, upon, or in connection with the construction, erection, or operation of the Work or any part thereof, shall be included in the Contract Price or prices; and the Contractor shall hold the City harmless against any claim or demand for payment of such. 8. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the Work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required arrangements, ascertain the applicable rates, and pay for all such water, gas, and electricity so used, unless a specified exemption is made in the technical Specifications. 9. PERMITS, LICENSES AND REGULATIONS. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. 10. NOTICES. The Contractor shall give written notice, not less than twenty-four (24) hours before breaking ground for the project, to all persons in charge of any property that may be affected by the Work or related operations. The Contractor shall not hinder or interfere with any persons performing Work as required to care for and protect property from possible damage during construction of the proposed improvements. The Contractor shall notify the Engineer or Inspector prior to beginning, suspending, or resuming operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 11. OBSTACLES AND OBSTRUCTIONS. Natural obstructions and publicly owned existing facilities and improvements encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the Drawings. Care shall be used while excavating, trenching,or performing other Work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at the Contractor's expense. All Work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the City and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. Unless otherwise provided in the Bid, no separate or additional payment will be made for any Revised 1-11-18 GC-5 Work in connection with removal, relocation, or restoration of obstructions and existing facilities. (a) SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and services, gas mains and services, storm drains and pipe culverts, underground conduits, cables, and similar buried obstructions. The drawings indicate the general location of certain utilities and facilities; the Contractor shall make a reasonable effort to ascertain the existence of obstructions by inquiry and examination of public and private utility maps, and shall locate obstructions by digging in advance of machine excavation where definite information is not available as to their exact location. Where such facilities are unexpectedly encountered and damaged, responsible officials and other affected parties shall be notified and proper arrangements made for the prompt repair and restoration of service, subject to the requirements of Section I I(c) below. (b) SURFACE OBSTRUCTIONS. Sidewalks, curb and gutter, drainage structures, and similar obstructions may be tunneled under if the length of tunnel sections at pipe is not more than eight feet; otherwise the obstruction shall be cut in straight lines parallel to the pipeline, or removed to the nearest construction joint if located within five feet of the centerline of the trench; provided that, in no case shall the joint or line of cut be less than one foot outside the edge of the trench. Surface obstructions removed to permit construction shall be reconstructed as specified for new construction, or if not specified, in accordance with accepted standard practice and to the dimensions, lines, and grades of original construction. Backfill of tunnel sections shall be rammed in place as directed. (c) PUBLIC UTILITIES. Public utility pipelines, poles, cables, conduits, and wires which interfere with construction shall, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible to bypass or work around the facility, the facility- shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. The cost of such removal or relocation work shall be borne by the City, provided that the facility to be removed or relocated has been installed at a specific location and specified depth under terms written in the franchise; otherwise all costs shall be borne by the utility company. The City shall notify the utility company in writing of the approximate date on which construction Work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation Work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation Work has not been accomplished prior to construction at the location,the obstructing facility may be removed or relocated by the Contractor at the expense of the utility-company. Revised 1-11-18 GC-6 (d) TREES AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without resorting to hand methods of excavation, and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. (e) SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas such as parkings on or adjacent to improved property shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location, the trenches and other disturbed areas shall be carefully hand raked to allow the private property owner to re-seed grass or otherwise maintain the area. (f) PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on public property, such as fences, small buildings, or similar obstructions, will be removed by their respective owners upon notification from the City. Should progress of the Work be unduly delayed through such procedure, the Contractor may remove, relocate, or reconstruct portions of fences at the Contractor's own responsibility and expense, or by separate negotiation with the respective owner. 12. SALVAGED MATERIALS. All salvaged materials not the property of other parties or required for new construction shall remain the property of the City. The Contractor shall handle, transport, and store such salvaged materials at designated points or locations at no additional cost to the City. The Contractor shall be responsible for the care and protection of such materials until delivered to the designated location; and the Contractor shall make good any losses occasioned by damage,theft, or misappropriation while the materials are on the work site or in route to the place of storage. 13. MATERIALS FURNISHED BY CITY. All materials, supplies, or equipment furnished by the City for incorporation in the Work shall be handled and transported by the Contractor at the Contractor's expense from cars, warehouses, or yards where received or stored by the City. The Contractor shall include in the Contract Price or prices all costs in connection with handling, sorting, protecting, and installing all such materials, supplies, or equipment furnished by the City, and shall make good all losses and breakage due to carelessness or negligence while same are in the Contractor's possession. 14. BARRIERS AND LIGHTS. As required to prevent accidents to the general public and to workers,the Contractor shall provide all materials and labor to erect and maintain fences, barriers, barricades, and warning signs;provide and maintain flares, lanterns, and lights. 15. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to buildings, structures, trees, shrubbery, or other property located outside the construction limits,or located within those limits Revised 1-11-18 GC-7 but not designated for removal or reconstruction, providing such damage shall result from the wrongful acts, errors, mistakes, omissions, or defective Work or services of the Contractor, its employees,agents, or any tier of subcontractors in the performance of the Work. 16. PUBLIC CONVENIENCE. During the progress of the Work, the convenience of the local public and of residents along the Work shall be considered and, where possible, their rights of access shall be preserved. Temporary driveways,. approaches, and crossings shall be provided where practicable and maintained in good condition. Construction materials shall be so stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; fire hydrants shall remain ready for immediate use by the fire department. 17. QUALITY OF _MATERIALS A'-,NTD EQUIPMENT. All materials shall meet the requirements of the technical Specifications or, if not specified, shall meet the generally accepted commercial standards for such materials when used for the intended purposes. No materials shall be incorporated in the Work until they have been examined and approved by the Inspector, nor shall construction equipment be used which has not received the Inspector's approval. All rejected materials and equipment shall be removed promptly from the site. Wherever in any of the Contract Documents an item of material or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted, shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturers' products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 18. WORKMANSHIP. All improvements shall be constructed in a neat and workmanlike manner. Improper or defective Work shall be corrected and if necessary removed, replaced, or reconstructed to comply with the plans and Specifications. The Contractor shall be held responsible for the quality of the entire Work; should the Contractor refuse or neglect to remedy defects when ordered to do so, the City may require the condemned portions to be replaced, restored, repaired, or reconstructed at the expense of the Contractor or the Contractor's surety. 19. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments, benchmarks, and markers of the local, state, or federal government, and shall not excavate within five (5) feet of any of them without specific permission of the Engineer or Inspector. 20. TEST SAMPLES AND SPECIMENS. Properly identified test samples and specimens shall be submitted by the Contractor in ample time to permit tests to be conducted, and results determined, well in advance of the time such materials are to be incorporated in the Work. Samples and specimens shall be submitted in standard or ample sizes and quantities for the determination of all specified tests, and shall be Revised 1-11-18 GC-8 shipped charges prepaid to an approved testing laboratory. Commercial laboratories shall be instructed to distribute copies of test results to the Contractor, City, Inspector, and Engineer. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. No charges will be made for tests performed by the Engineer or his inspectors. 21. SPECIAL CONSTRUCTION METHODS. The Engineer or Inspector may assent to special methods of construction or means of prosecuting the Work other than as provided or stipulated in the technical Specifications, but his assent or his presence on the Work while such special methods are in use shall not constitute a waiver of the Contract, or any part thereof, by the City. Nor shall the fact the Engineer may have seen Work executed which later is found to be defective, nor shall any act of his assistants or inspectors, constitute a waiver of any part of the Contract. The Contractor shall be held responsible for the quality of the entire Work. 22. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for review to the Engineer six copies of all shop and erection drawings for structural and reinforcing steel, special drawings, and layouts for equipment or machinery to be furnished under the Contract, and any similar or supplemental drawings required for prosecution of the Work. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from Drawings or Specifications,nor shall it relieve the Contractor from responsibility for errors of any sort in shop drawings or schedules. 23. REPRESENTATION. The Contractor shall be represented on the Work at all times by a competent superintendent, satisfactory to the Engineer or Inspector and capable of reading and understanding the Drawings and Specifications. The superintendent shall have full authority to employ required workers, order materials, arrange for construction equipment, and otherwise represent or act on behalf of the Contractor; any direction given to the superintendent by the Engineer or Inspector shall be as binding as if given to the Contractor. 24. COOPERATION. The Contractor shall give to the Work the constant attention necessary to facilitate the progress and shall cooperate in every possible way with the Engineer or his Inspectors, with the City, and with other contractors or constructors concerned in the Work. The Contractor shall plan and schedule the Work to the mutual benefit of all interested parties and shall perform the Work in accordance with the agreed schedule. In case of controversy, the Engineer will allocate the Work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the Contract by the City. Revised 1-11-18 GC-9 25. INCIDENTAL WORK. All Work to be done by the Contractor as sho-vN-n on the Drawings and described in the Specifications, including any and all minor details not specifically shown or described but obviously essential to the proper completion of the Work, shall be considered as subsidiary to, and included with, the Work for which prices are named in the Contract Documents. The Contractor shall not be entitled to any extra or additional compensation for such incidental Work unless otherwise specified. 26. FINAL CLEANUP. Immediately upon completion of the Work or any usable unit, the Contractor shall remove all surplus or unused materials from the vicinity of the Work. leaving the entire site in a clean, sightly, and pleasing condition, conforming to the grades and contours shown on the Drawings or designated by the Inspector. 27. RESPONSIBILITIES OF THE CONTRACTOR. All Work shall conform to the technical Specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions shown on the Drawings or given by the Inspector. Before commencing Work, the Contractor shall be responsible for ensuring the correctness and meaning of all stakes and marks. No claim will be entertained for, or on account of alleged inaccuracies unless the Contractor notifies the Engineer or Inspector thereof in writing before commencing the Work. The Contractor under the Contract Prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or otherwise furnished as specified, and shall perform all operations necessary to construct and complete the improvements, ready for use, including all preparatory, temporary, and incidental Work. The Contractor shall be responsible for the protection of all Work under the Contract: any Work or materials damaged or impaired from any cause prior to final acceptance of the completed whole shall be restored or reconstructed by the Contractor at the Contractor's sole expense. All losses or damages arising from the nature of the Work to be done, from the action of the elements, or from unforeseen circumstances or difficulties, shall be sustained by the Contractor: such losses or damages shall not relieve the Contractor of responsibility to fulfill the Contract and to deliver a completed Work in accordance with the Contract Documents. The Contractor shall provide the Engineer and his representatives free access to any and all parts of the Work, whether within the construction limits or at any place where material intended for incorporation in the project is procured,produced,or manufactured. The Contractor shall furnish all required information relating to the Work or materials, including copies of invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist in, the final inspection of the project and shall furnish all labor and equipment required for final tests. The Contractor shall furnish all stakes, batter board, straight-edges, and grade string and shall furnish workers to set them under the direction of the Inspector. The Contractor shall notify the Inspector at least 48 hours in advance, stating where stakes are wanted, before requiring stakes on any section of the project. After construction stakes are set, the Contractor shall preserve them. Any Work done without lines•and grades as given by the inspector, or Revised 1-11-18 GC-1 0 without supervision of any authorized representative of the Engineer, may be ordered removed and replaced at the expense of the Contractor. 28. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of the Contractor's employees and shall maintain the same in a clean and sanitary condition. The Contractor shall not create or permit any nuisance to the public or to residents in the vicinity of the Work. 29. APPROVAL OF SUBCONTRACTORS. The Contractor shall file with the City and the Engineer the names of all subcontractors to whom the Contractor expects to sublet any portion of the Work, and shall not change subcontractors without written approval of the City and the Engineer. The approval of subcontracts shall not relieve the Contractor of any liabilities under the Contract. Should any subcontractor fail to satisfactorily perform its portion of the Work, the City may annul and terminate the contract of such subcontractor. 30. RESPONSIBILITY OF THE ENGINEER. The findings and determinations of the Engineer on all questions pertaining to materials and workmanship or as to interpretation, of the Drawings and Specifications shall be final and binding on all parties to the Contract. 31. INTERPRETATION OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as though called for by all. In case of actual or alleged disagreement or discrepancy between the Contract and the Drawings or Specifications, the language and provisions of the Contract shall take precedence and prevail; if between the Drawings and Specifications, the Engineer will determine in each case whether the Drawings or Specifications shall rule and govern. 32. INSPECTION. The Inspector shall inspect all materials to be incorporated, construction equipment to be used, and all Work to be performed under the Contract. Such inspection shall extend to any and all parts of the Work and to the preparation or production of all materials to be incorporated. All sampling of Work shall be done by, or in the presence of, the Engineer or his representatives. The Inspector will conduct field tests on Work and materials whose physical characteristics and general suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials,to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate from or to relax the Specifications without written permission of the Engineer or to delay the Work by failing to inspect or field test any of the Work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress, and will prepare such progress reports as required during construction and at monthly Revised 1-11-18 GC-11 intervals will prepare, and submit to the City, periodic payment estimates based on the amount and value of all Work performed to date by the Contractor. 33. WORK AFFECTED BY WEATHER. The Inspector may order such parts of the Work suspended should the weather or season be such that any part of the Work cannot be done properly and with due regard to durability, finish, or appearance. The Contractor may be required to protect the several parts of exposed Work from damage by the elements or other causes. 34. CONTROL ANTI)REGULATIONr OF WORK. The Engineer or Inspector shall have the authority to exercise their judgment and initiative in the control and regulation of the Work. The Engineer or Inspector may regulate the amount of Work open or under construction in advance of completed portions and require the Contractor to place materials and perform Work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. 35. USE OF COMPLETED PORTIONS. The City shall have the right to take possession of and use any completed portion or usable unit of the Work at any time, but such possession and use shall not be deemed an acceptance of any Work not constructed or completed in accordance with the Contract Documents. If such prior use delays the completion or increases the cost of the Work, the Contractor shall be entitled to such extension of time or extra compensation, or both, as the Engineer may determine. The City, in taking possession prior to final acceptance, shall agree to abide by the Engineer's decision relative to responsibility for damages to the Work during the period of such prior possession and use. 36. VARIATIONS CHANGES AND MODIFICATIONS. The Work contemplated in the Contract Documents may be subject to such changes as normally occur during construction. The Engineer, as authorized by the City, may order minor variations in the Work, provided such variations are consistent with the intent of the Drawings and Specifications, and improve or expedite the Work. The Engineer may, without written order or other formality, correct obvious errors in the Drawings and Specifications or make such minor adjustments as are required to adapt the Work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the Drawings and Specifications, and do not materially affect the total Contract Price. The City reserves the right to 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 Revised 1-11-18 GC-12 case a satisfactory adjustment in price or other basis cannot be obtained, the Work may be ordered done by force account. 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If, through no fault of the Contractor, the Work be stopped for a period of three months or more under order from any court or other public authority; or if the Engineer fails to issue any estimate for payment within fourteen (14) days after the due date; or if the City fails to pay to the Contractor within ten (10) days after due presentation any sum certified by the Engineer or awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the City and to the Engineer, stop Work or terminate the Contract and recover from the City full payment for all Work properly executed,together with invoice cost of unincorporated materials purchased by the Contractor or on irrevocable order plus the actual cost of handling and storing said materials, provided said handling and storing cost does not exceed five percent (5%) of the invoice cost. 38. CITY'S RIGHT TO SUSPEND WORK. The City may suspend Work on any or all parts of the Work pending settlement of disputes on any point of controversy. The Contractor will not be entitled to any claim for loss or damage by reason of such delay; nor shall the Contractor be entitled to any extension of time for completion of the Contract,except at the City's option. 39. CITY'S RIGHT TO TERMINATE CONTRACT. (a) The occurrence of any one or more of the following events will justify termination for cause: i. The Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment); ii. The Contractors persistent disregard of laws, ordinances, or regulations, or the directions of the Engineer; or iii. The Contractor's violation in any substantial way of any provisions of the Contract Documents. (b) If one or more of the events identified in Section 39(a) above occur,the City may, after giving the Contractor and its surety ten (10) days written notice of its intent to terminate the services of the Contractor, terminate the Contract or the Contractor's right to complete the Contract, and: i. Exclude the Contractor from the Site, and take possession of Work and of all the Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); Revised 1-11-18 GC-13 ii. Incorporate in the Work all materials and equipment stored at the Site or for which the City has paid the Contractor but which are stored elsewhere: and iii. Complete the Work as the City may deem expedient. (c) If the City proceeds as provided in subsection (b) above, the Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court costs) sustained by the City arising out of or relating to completing the Work, such excess will be paid to the Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, the Contractor shall pay the difference to the City. When exercising any rights or remedies under this section, the City shall not be required to obtain the lowest price for the Work performed. (d) Notwithstanding the foregoing, the Contractor's services will not be terminated if the Contractor begins within ten (10) days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty(30) days of receipt of said notice. (e) If the Contractor's services have been terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 40. PAYMENTS TO CONTRACTOR. Five days prior to the Citv'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. Revised 1-11-18 GC-14 41. FORCE ACCOUNT. Where it is specified, or agreed during the course of the Work, that any portion of the construction shall be done by "force account,"the Contractor shall keep an accurate record of all materials, labor, and equipment used and shall furnish the Inspector a copy of each day's record within twenty-four (24) hours to permit an accurate check thereof. The City shall pay for such construction at the actual cost to the Contractor of materials and labor, including the costs of insurance, social security, taxes and bonds, chargeable to this portion of the Work; plus fifteen percent(151/6)for superintendence, overhead, and the use of tools and appliances. The use of equipment on such construction shall be paid for at rental rates recommended by the Association of General Contractors, modified for Kansas by the Kansas Department of Transportation; such price and payment being full compensation for all costs in connection with operation,repair, maintenance, overhead, depreciation, and profit. 42. EXTENSION OF CONTRACT TIMES. (a) DELAYS CAUSED OTHER THAN BY WEATHER. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the City, or of a separate contractor employed by the City; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's reasonable control that the Engineer determines may justify delay, excluding the occurrence of unusually severe weather at the Site, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer may determine, if such adjustment is essential to the Contractor's ability to complete the Work within the Contract Times. Notwithstanding the foregoing, the Contractor acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay: (1) is not cased, could not have been reasonably anticipated and mitigated, by the Contractor; and (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay. If the delay is due to causes beyond the reasonable control of the City, an extension of the Contract Times shall be the Contractor's sole and exclusive remedy for the delay. (b) DELAYS CAUSED BY WEATHER. 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. Revised 1-11-18 GC-15 ii. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project Site and will constitute the baseline for the Engineer's monthly evaluations of the Contractor's entitlement to an extension of the Contract Times under this Section. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities for the duration of the Work. MONTHLY A'_VTICIPATED ADVERSE N FATHER DELAY WORK DAYS BASED ON FIVE-DAY WORK WEEK* Jan Web I Mar Apr May Jun Jul I Aug ; Sep E Oct Nov Dec (101 i (4) i 5) i 5 (b) (5 (4) (5) ) (3) (7 iii. Upon acknowledgment of the Notice to Proceed and continuing throughout the duration of the Contract, the Contractor shall record daily the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical path activities for fifty percent (50%) or more of the Contractor's scheduled work day. On or before the 10"' day of each month,the Contractor shall provide the Engineer with written report of its proposed dates of actual adverse weather delay days for prior month. The report shall: (1) list the number of actual adverse weather delay days and include days impacted by actual adverse weather (even if such adverse weather occurred in previous month); (2) be calculated chronologically from the first to the last day of each month, and be recorded as full days; and (3) include documentation and all details reasonably available to demonstrate the nature and duration of the delays and their effect on the critical path activities. If the number of actual adverse weather delay days exceeds the number of days anticipated in subsection (b) above, the Engineer will convert any quaiiAing 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). Revised 1-11-18 GC-16 Example - If the monthly anticipated adverse weather delay for January based on a five day work week is 10 days, but the Contractor actually scheduled an average of a 6-day work week for that month, the monthly anticipated weather delay would be adjusted by applying the above formula as follows: 10 x(615) = 12 days. Monthly anticipated weather delay days shall also be adjusted proportionally for those situations involving a fractional part of a month. The following formula shall be used to adjust the monthly anticipated weather delays: Adjusted monthly anticipated weather delays=D multiplied by(E divided by F);where D=The monthly anticipated adverse weather delay for a particular month. E = The number of calendar days during that fractional part of a particular month. F=The number of calendar days in that particular month. Example - The monthly anticipated adverse weather delay for the particular month is 9 days. The original contract completion date is on the 20th day of a 30-day month. The monthly anticipated adverse weather delay would be adjusted by applying the above formula as follows: 9 x(20130)=6 days. 43. LIQUIDATED DAMAGES. In the event the Contractor shall fail to complete any portion of the Work within the applicable Contract Times, then the City shall be entitled to deduct liquidated damages, in the amount set forth in the Contract, from any sum or sums due the Contractor in final settlement between the parties. In addition, the Contractor shall be held liable for and shall pay the wages of the Inspectors on the Work after said time limit has expired, which wages shall be deducted from any amount found to be due the Contractor on such final settlement. Nothing herein contained shall be deemed to be a waiver of the right of the City to insist upon the timely performance of the Contract, or to prevent the City from looking to the sureties of the Contractor for any and all damages caused by any such delay, or as a consent to or waiver of any abandonment of the said Work by the Contractor, either before or after the date fixed by completion. 44. ALTERNATES. To receive consideration for any proposed alternate for material, equipment, or item specified in the Contract Documents, the Contractor shall submit a full description of the proposed alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the purpose of evaluation and approval. 45. CERTIFICATES OF COMPLETION. (a) SUBSTANTIAL COMPLETION. When the Contractor considers the Work, or a portion thereof which the City agrees to accept separately, substantially complete, the Contractor shall notify the City and Engineer in writing that the Work or designated portion thereof is substantially complete and request that the Engineer issue a certificate of Substantial Completion. If the Engineer considers the Work or designated portion thereof substantially complete, the Engineer will execute Revised 1-11-18 GC-17 and deliver a certificate of Substantial Completion, which shall fix the date of Substantial Completion and shall be accompanied by an attached "punch list" of items to be completed or corrected before the Work or designated portion thereof is deemed completed and ready for final payment. The certificate of Substantial Completion shall also provide for the division of responsibilities, pending final payment to the Contractor, with respect to security. operation, safety, and protection of the Work, maintenance, utilities, insurance, and warranties and guarantees. (b) FINAL 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. 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD. If within two years after final acceptance (as indicated on the Certificate of Completion provided pursuant to Section 45 above) of the Work as a whole, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions: (a) Correct such defective Work; or (b) Repair such defective land or areas: or (c) If the defective Work has been rejected by the City, remove it from the Site and replace it with Work that is not defective; and satisfactorily correct or repair, or remove and replace, any damage to other Work, to the work of others, or other land or areas resulting therefrom. If the Contractor does not promptly comply with the terms of the City's written instructions, or in an emergence 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 Revised 1-11-18 GC-18 removal and replacement has been satisfactorily completed. The Contractor's obligations under this section are in addition to any other obligation or warranty, and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations or repose. 47. MAINTENANCE OF PROJECT SITE. The Contractor shall be responsible for keeping a neat and orderly job site. Locations for storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover crops necessary for erosion control shall be kept under 12" in height and trimmed away from pavements, curbs, and sidewalks. The Contractor shall perform corrective maintenance promptly upon notification from the Inspector. Revised 1-11-18 GC-19 Revised 1-11-18 GC-20 GENERAL CLAUSES-SCHEDULE A INSURANCE REQUIREMENTS (Construction Services) Pursuant to Section 6 of the Contract and Section b 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 duction of the Agreement, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of any workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and, with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible,maintained by, or provided to,the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives,officers, officials, and employees. C. Claims Made Policies. if coverage is written on a claims-made basis for any of the policies required by this Contract, the Contractor must maintain the coverage for a minimum of two (2)years from the date of final completion of all work under the Contract. D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage Rgguirements. A. Commercial General Liabili "CGL". . The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: Each occurrence $1,000,000 General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 Revised 1-11-18 GC-21 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Contract. B. Business Automobile Liabilitv (`'BAL"). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit 51,000,000 C. Workers' Compensation/Employer's _Liability. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation(Coverage Part A) Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident c 5500,000 disease—policy limit 0 5100,000 disease—each employee Revised 1-11-18 GC-22