Project No. 22017 ManualCity of
Sa~
KANSAS
DEPARTMENT OF PUBLIC WORKS
PROJECT M A N U A L
PROJECT NO. 22017
2022 MAJOR CONCRETE
DECEMBER -2022
City of
KANSAS
PROJECT NO. 22017
2022 Major Concrete
****
Trent W. Davis, M.D., Mayor
****
COMMISSIONERS
Michael L. Hoppock
Greg Lenkiewicz
Bill Longbine
Karl F. Ryan
En2ineer's Seal
* * * *
Mike Schrage, City Manager
JoVonna Rutherford, City Clerk
Daniel R. Stack, P .E., City Engineer
* * * *
DECEMBER -2022
TABLE OF CONTENTS
REQUEST FOR BIDS --------------------------------------------------------------------------------7
INS TR U CTI 0 NS TO BIDDERS -----------------------------------------------------------------------9
BID FORM---------------------------------------------------------------------------------------------I 3
CONTRi\.CT----------------------------------------------------------------------------------------------17
PERFORMANCE BOND----------------------------------------------------------------------------------23
ST A TUTORY PAYMENT BOND----------------------------------------------------------------------27
NOTICE OF A WARD -----------------------------------------------------------------------------29
NOTICE TO PROCEED--------------------------------------------------------------------------31
CERTIFICATE OF SUBSTANTIAL COMPLETION-----------------------------------------------33
CERTIFICATE OF FINAL COMPLETION --------------------------------------------------------35
GENERAL CLAUSES
TABLE 0 F CONTENTS --------------------------------------------------------------------------3 7
GENERAL CLAUSES ---------------------------------------------------------------------------41
IN SURAN CE REQUIREMENTS--------------------------------------------------------------6 I
SPECIFICATIONS
SECTION I -GENERAL ------------------------------------------------------------------63
SECTION 50 -JOB SPECIAL PROVISIONS------------------------------------------------65
SECTION 60 -UTILITIES --------------------------------------------------------------------69
SECTION 102 -EXCAVATION AND EMBANKMENT------------------------------------71
SECTION I 04 -MOBILIZATION--------------------------------------------------------------75
SECTION I 05 -REINFORCING STEEL-------------------------------------------------------77
SECTION 120 -TRAFFIC CONTROL----------------------------------------------------79
SECTION 202 -CONCRETE ----------------------------------------------------------------81
Revised 1-2-15 5
TABLE OF CONTENTS
SECTION 205 -CONCRETE PAVEMENT----------------------------------------------85
I)RA\\'INCJS-----------------------------------------------------------------------------------------
Revised 1-2-15 6
REQUEST FOR BIDS
The City of Salina, Kansas is currently accepting sealed bids for the following project, at
the office of the City Clerk, City-County Building 300 West Ash, Room 206 Salina, Kansas, until
2:00 p.m. (Central), Thursday, December l, 2022, at which time the bids will be opened publicly
and read aloud.
2022 MAJOR CONCRETE
PROJECT NO. 22017
The drawings, specifications and other contract documents are the property of the City of Salina,
Kansas, and are available for public inspection at the office of the City Engineer, City-County
Building 300 West Ash, Room 205, Salina, Kansas. Please contact the Department of Public
Works/Engineering at 785-309-5725 with any questions in regard to the project. The documents
may be purchased from the office of the City Engineer or at www.salina-ks.gov/bids through the
QuestCDN Link upon payment of $15.00, which is non-refundable. The successful bidder will be
furnished three complete sets of plans and specifications. Additional sets required will be furnished
at the current cost.
The City of Salina, Kansas, reserves the right to reject any or all proposals and to waive
any irregularities therein.
Revised 3-22-16 WEN 7
THE CITY OF SALINA, KANSAS
Isl Jo Vonna Rutherford
CITY CLERK
REQUEST FOR BIDS
Revised 3-22-16 WEN 8
INSTRUCTIONS TO BIDDERS
I. Terms used in these Instructions to Bidders shall have the meanings assigned to them
in the General Clauses.
2. The Work to be done under this Contract is shown on the Drawings and described in
the technical Specifications.
3. Each Bidder shall be acquainted with all conditions pertaining to the proposed Work,
and shall personally examine the Site. Any prospective Bidder in doubt as to the meaning of any
part of the Contract Documents may submit a written request for an interpretation to the project
contact listed below. The person submitting such request shall be responsible for its prompt
delivery. Official interpretation, modification, or revision of the Contract Documents will be made
only by addendum duly issued and mailed or delivered to each party having a set of Contract
Documents. The project contact assumes no liability for any other explanations or interpretations
of the documents.
4. Bids shall be based on materials and equipment fully complying with the Drawings
and Specifications. The Contractor shall be responsible, under the Contract Price, for furnishing
and installing materials and equipment conforming to the stipulated requirements, even though the
Contractor's Bid identifies other kinds or types of materials and equipment.
5. No Bidder shall be interested in more than one Bid. Submission of more than one Bid
by any firm or individual under different names, or collusion among Bidders, shall be cause for
rejection of all such Bids without consideration.
6. The attached Bid form shall be filled out in full. Bids for less than all the Work will
not be considered, unless the Work is expressly divided into two or more parts, in which case each
part covered by the Bid shall be filled out in full. Extensions and totals submitted in the Bid will
be subject to audit and verification. Each Bid shall include the Bidder's name, exact post office
address, and the names and addresses of all persons and parties participating in the Bid. Any
person signing as an agent shall submit evidence of his or her authority determined acceptable by
the City.
7. The unit price for each of the items in the Bid of each Bidder shall include its prorated
share of overhead so that the sum of the products obtained by multiplying the quantity shown for
each item by the unit price bid represents the total Bid. Any Bid not conforming to this requirement
will be rejected.
8. The City reserves the right to reject any or all Bids, including without limitation the
right to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to
reject the Bid of any Bidder if the City believes that it would not be in the best interest of the
project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder
is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria
established by the City. The City also reserves the right to waive all informalities not involving
price, time or changes in the Work and to negotiate Contract terms with the responsive Bidder to
whom the City makes an award. Discrepancies between the multiplication of units of Work and
Revised 1-2-15 9
INSTRUCTIONS TO BIDDERS
urnt prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum
of any column of figures and the correct sum thereof will be resolved in favor of the correct
sum. Discrepancies between words and figures will be resolved in favor of the words.
9. The City is exempt from Kansas sales tax on materials and equipment to be
incorporated into the Work. Consequently, sales tax shall not be included in the Contract Price.
10. The City may make changes in the scope of the Work required to be performed by the
Contractor under the Contract by making additions thereto, or by omitting work therefrom, without
invalidating the Contract, and without relieving or releasing the Contractor from any of the
obligations under the Contract or any guarantee given pursuant to the Contract provisions, and
without affecting the validity of the guaranty bonds, and without relieving or releasing the surety
or sureties of the guaranty bonds. No limit will be fixed and no Change Order will be required for
such increased or decreased quantities nor shall any adjustment in unit prices be allowed, provided
the net monetary value of all such additive and subtractive change in quantities of such items of
Work shall not increase or decrease the original total Contract Price by more than twenty-five
percent (25% ).
11. Each Bidder shall submit with its Bid a certified check, cashier's check on a solvent
bank, or an acceptable bidding bond, in the amount of five percent (5%) of the total bid amount
shown on the Bid. This security shall be made payable to the City and will serve as a guarantee
that the Bidder will file all bonds and securities required and enter into any Contract awarded to
Bidder in accordance with the terms of the Bid within ten (10) days after notice of award. If the
successful Bidder fails to execute and deliver the Contract and furnish the required bonds within
ten ( 10) days after the notice of award, the City may consider the Bidder to be in default, annul the
notice of award, and the bid security of that Bidder shall be forfeited as liquidated damages and
the money derived therefrom will be turned to the use of the City.
12. Bids shall be sealed, the outside of the envelope marked with the title of the
improvements, and addressed to the City. The City's name and address, and the time and place
for submission of Bids, are shown in the "Request for Bids." Bids received after the specified time
will be returned, unopened, to the Bidder. Bids submitted by facsimile will not be accepted.
13. All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid
opening, but the City may, in its sole discretion, release any Bid security prior to that date.
14. Bidders are requested to be present at the opening of Bids. All Bids shall be made
and received with the express understanding that the Bidder accepts the terms and conditions set
forth in these instructions and the other Contract Documents.
15. Before award of the Contract, the successful Bidder will be required to satisfy the City
as to the Bidder's experience and competence to construct the Work, the Bidder's integrity and
reliability in carrying out the provisions of its performance bond, and the Bidder's resources for
the vigorous prosecution of the Work.
Revised 1-2-15 10
INSTRUCTIONS TO BIDDERS
16. All Bids must be regular in every respect and no interlineations, excisions, additions,
deletions, alterations or special conditions shall be made on or included with the Bid form. If the
Work is divided into two or more parts, the Bidder shall not tie the bids for the various parts of the
Work together in any manner. Any Bid not conforming to these requirements will be rejected.
17. No Bid will be accepted from any person or firm who is in arrears to the City of Salina,
Kansas upon debt of contract, who is in default as surety or otherwise upon any obligation to the
City, who bas failed in previous contracts to comply with the requirements of the specifications,
or who has failed to fulfill any other terms or conditions of its other contracts with the City.
18. Questions regarding these Instructions to Bidders or the other Contract Documents
shall be submitted in writing to the project contact no later than seven (7) days prior to the opening
of Bids. The project contact shall respond in writing, via facsin1ile, to all plan holders in an
expeditious manner, and no later than three (3) days prior to the opening of Bids.
Revised 1-2-15 11
INSTRUCTIONS TO BIDDERS
Revised 1-2-15 12
BID FORM
TO THE BOARD OF COMMISSIONERS
CITY OF SALINA, KANSAS
Project Name:
Project: No.:
2022 MAJOR CONCRETE
22017
Commissioners:
1. Proposal to Enter into Contract. The undersigned Bidder proposes and agrees,
if this Bid is accepted, to enter into a Contract with the City to perform all Work as specified or
indicated in the proposed Contract Documents for the prices and within the times indicated in this
Bid and in accordance with the other terms and conditions of the proposed Contract Documents.
2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such
longer period of time that Bidder may agree to in writing upon request by the City. Bidder will
sign and deliver the required number of counterparts of the Contract with the bonds and other
required documents, within 10 days after the date of the City's notification of award.
3. Bidder's Representations. In submitting this Bid, Bidder represents that:
a. Bidder has carefully reviewed the proposed Contract Documents and the following
addenda, receipt of which is hereby acknowledged:
1.
2.
3.
Bidder understands and agrees that in signing this Bid, Bidder waives all right to
plead any misunderstanding regarding the Contract Documents or the above-
referenced addenda.
b. Bidder has 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.
c. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the proposed Contract Documents, and
the Engineer's written explanation is acceptable to Bidder.
Revised 1-2-15 13
. '
BID FORM
4. Bid Price. Bidder will complete the Work in accordance with the Contract Documents
for the following unit prices:
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL NO. PRICE
1 Remove Pavement 466 SY $ /3 . 50 $' 2W.bO I
2 Subgrade Treatment 466 SY $ I./. ?0 $ l 0'17.00 '/
3 Contractor Construction Staking 1 LS $ {,00.00 $ 600.00
4 Excavation 466 SY $ 'f.50 $ 1. 097.00 I
5 Mobilization 1 LS $ ~750.00 $ / 750.t;()
I
6 Traffic Control 1 LS $ I 000.00 I $ t 000. 00 I
7 Concrete Pavement (8") 466 SY $ 90.'iJO $ '", </'10.00
Total $ >S 715.0o I
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose
of comparison of Bids, and final payment for all unit price bid items will be based on actual
quantities, determined as provided in the Contract Documents.
5. Time of Completion. Bidder agrees that the Work will be substantially completed by
NOVEMBER 30, 2023, and will be completed and ready for final payment in accordance with the
General Clauses by DECEMBER 31, 2023. Bidder accepts the provisions of the Contract as to
liquidated damages.
6. Definitions. Terms used in this Bid shall have the meanings assigned to them in the
General Clauses included with the proposed Contract Documents.
7. Business Designation. Bidder represents that its business designation is as follows
(check one)
I Individual/Sole Proprietorship I D I
Revised 1-2-15 14
' .
BID FORM
Partnership D
Kansas Corporation ~
Kansas Limited Liability Company D
Corporation* D
Limited Liability Company* D
Other: D
*Please indicate the state in which entity is orf!anized
NAME OF BIDDER:
ADDRESS: ~~'-'-~~-~-~-IVIJ~c_1~~~A_v_£~~~~~~
E-MAIL ADDRESS: ef :<A.s e IOJ1c.o-s+v-c..,'. co..v-
BY: EL/t:IS 6~#41"
TITLE: frtoJ£c-r MANR,Etlt.
DATE SUBMITTED: ,,. t I ~io~Jl.-
~-'---',~J~~~~~~~~~~~~~~-
Revised 1-2-15 15
' ~
BID FORM
Revised 1-2-15 16
tf1,
CONTRACT ~ r~~, ,1.~
----------------------k. .... 3 .... ~ ..... :13 .......... 3 __ ~ Ca
BETWEEN THE CITY OF SALINA, KANSAS
and
LANCASTER CONSTRUCTION INC.
for
CONSTRUCTION OF PUBLIC IMPROVEMENTS
This Contract is entered into February, 2 , 2023 by and between the City of Salina, Kansas, (the "City")
and Lancaster Construction Inc., a Kansas Corporation (the "Contractor").
Recitals
A. The City desires to contract for the construction of public improvements described as 2022 MAJOR
CONCRETE (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 indicated 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 ~
BidFonn ~
Performance Bond ~
Statutory Payment Bond ~
Specifications ~
Drawings ~
General Clauses ~
Notice to Proceed (to be issued) ~
Certificate of Completion (to be issued) ~
Other: O
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 m 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
Revised I /2/ 15 17
<> ~/;.. ~ / ;;.~
.//
CONTRACT
conditions that may affect cost, progress and performance of the Work; and (c) become aware of the general nature of
work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
4. Schedule and Completion Times.
4.1. Time is of the Essence. All of the time limits for Milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract.
4.2. Completion Times. The Work will be substantially completed, and completed and ready for final
payment in accordance with the General Clauses, on or before the date(s) or within the time(s) specified in the
Contractor's Bid.
4.3. Liquidated Damages. The parties recognize that the City will suffer financial loss ifthe Work is not
completed on or before the datc(s) or within the time(s) specified in the Contractor's Bid, plus any extensions thereof
allowed in accordance with the General Clauses. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time.
Therefore, for each day that expires after the time specified in the Contractor's Bid for Substantial Completion until
the Work is substantially complete as fixed in the certificate of Substantial Completion, and for each day that expires
after the time specified in the Bid for completion and readiness for final payment until the Work is completed and
ready for final payment as fixed in the ce1iificate of final completion, the Contractor agrees to pay liquidated damages
to the City in the amount of $200.00, in accordance with the General Clauses.
5. Payment. The City shall pay the sum or sums due the Contractor, at stated intervals and in the amounts
certified by the City Manager, or his designated representative, in accordance with the provisions of the General
Clauses and the Contractor's Bid.
6. Insurance Requirements.
6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in
the General Clauses, and shall not make any material modification or change from these specifications without the
prior approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor
shall require each such subcontractor to obtain insurance coverage as specified in the General Clauses. Failure of the
Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these
requirements or provisions and shall not relieve the Contractor of liability.
6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in
the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in the
General Clauses, all such policies shall be in such form and contain such provisions as are generally considered
standard for the type of insurance involved.
6.3. Certificate of Insurance. The parties acknowledge that the Contractor bas provided the City with a
certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance
requirements in this Contract. The City reserves the right to require complete certified copies of all insurance policies
procured by tbc Contractor pursuant to this Contract, including any and all endorsements affecting the coverage
required hereunder.
7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to
person(s) or damage to property caused by its employees or agents in the performance of its duties under this Contract
and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury
to person(s) or damage to property.
8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold
harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages,
losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness,
Revised 1/2/ 15 18
CONTRACT
disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the
extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the
wrongful acts, errors, mistakes, omissions, or defective work or services of the Contractor, its employees, agents, or
any tier of subcontractors in the performance of this Contract.
9. Voluntary Termination. See General Clauses.
10. Default. See General Clauses.
11. Remedies. See General Clauses.
12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor
responsibilities provided for under this Contract shall be assignable by either party, either in whole or in part.
13. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and
delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized,
prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the
date appearing on the return receipt, but ifthe receipt is not returned within five (5) days, then three (3) days after mailed,
if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air
courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a
change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice.
CITY OF SALINA, KANSAS
City Clerk
Attn: Daniel R. Stack, P.E., City Engineer
P.O. Box 736
Salina, KS 67402-0736
CONTRACTOR
LANCASTER CONSTRUCTlON INC
618 FRANCIS A VE.
SALINA, KS 67401
14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly
identifiable records with respect to all costs and expenses incurred under this Contract. The records shall be
maintained during the term of this Contract, and for a period of three (3) years from the date of final payment under
this Contract (the "Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to
the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit
findings have been completely terminated or resolved, without right of further appeal. During the Retention Period,
the Contractor shall allow a representative of the City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to, or arising under, this Contract. The
City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing,
confirming, and verifying the nature and amount of all costs and expenses incurred under this Contract. The City
agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes,
subject to the Kansas open records act or other applicable law.
15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar
fiscal year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City, it
is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body
does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City
shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal
year(s) affected by the decision of the governing body not to appropriate.
16. Relationship. It is expressly understood that Contractor in performing services under this Contract, does so
as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by
which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the
services covered by this Contract are performed and rendered in a competent, efficient, and satisfactory manner.
Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred
Revised 112/ 15 19
CONTRACT
compensation plans, including but not limited to its workers compensation and social security obligations, and the
filing of all necessary documents, forms, or returns pertinent to the foregoing.
17. Subcontracting. Sec General Clauses.
18. Compliance with Applicable Law. Contractor shall comply with all applicable federal , state, and local law
in the performance of this Contract.
19. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and
its subcontractors, if any, agree that:
(1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the
Salina Code and in doing so shall not discriminate against any person in the performance of work under
this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;
(2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal
opportunity employer," or a similar phrase to be approved by the city's human relations director;
(3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human
rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the
Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or
suspended, in whole or in part, by the City;
( 4) ff the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina human relations commission or the Kansas human
rights commission which has become final, the Contractor shall be deemed to have breached this Contract
and it may be canceled, terminated or suspended, in whole or in part, by the City;
(5) The Contractor shall not discriminate against any employee or applicant for employment in the
performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or
disability; and
(6) The Contractor shall include similar provisions in any subcontract under this Contract.
(b) The provisions of this section shall not apply to this Contract ifthe Contractor:
(1) Employs fewer than four employees during the term of this Contract; or
(2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year.
20. Administration of Contract. All references in this Contract requiring the City's pa11icipation or approval shall
mean the participation or approval of the City Manager or his designee, unless otherwise provided herein.
21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing
party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,
in addition to any other amounts to which it may be entitled.
22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this
Contract reviewed by legal counsel of the Contractor's choice.
Revised 1/2/ 15 20
CONTRACT
23. Applicable Law; Venue. This Contract and its validity, construction and performance shall be governed by the
laws of Kansas. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be
in the Saline County, Kansas District Court.
24. lnternretation. This Contract shall be interpreted according to its fair meaning, and not in favor of or against
any party.
25. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the
parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 P·!TI· of the next
full business day.
26. Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the
other provisions unenforceable, invalid, or illegal.
27. Authoritv and Consent to Transaction. Each party represents to the other that the person executing this
Contract has full and legal authority to bind such party to the terms of this Contract, and that the execution and delivery
of this Contract have been duly and validly authorized by the governing body of each party.
28. Persons Bound. This Contract shall extend to and bind the heirs, executors, administrators, trustees, successors
and authorized assigns of the parties hereto.
29. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed
an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement.
30. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated
except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of
the change, waiver, or termination is sought.
31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract, or
to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent
breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract, but each
and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent
breach thereof.
32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding
arbitration.
33. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under
this Contract. There are no intended third party beneficiaries under this Contract, and no third parties shall have any rights
or make any claims hereunder.
34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached, and
initialed by all parties, shall supersede all conflicting printed provisions.
35. Feminine-Masculine, Singular-Plural.
Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders.
36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only
and shall not affect the interpretation of any provision hereof.
37. Me11?er Clause. These tcrn1s are intended by the parties as a complete, conclusive and final expression of all the
conditions of their Contract. No other promises, statements, warranties, agreements or understandings, oral or written,
made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto.
Revised 1/2/ l 5 21
CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized
representatives.
CITY OF SALINA, KANSAS CONTRACTOR
By: Michael D. Schrnge, City Manager By: Lancaster Construction, Inc.
Name: Brad Lancaster
Title: President
Revised l /2/ 15 22
"CONTRACTOR"
Name
Lancaster Construction, Inc.
Address
618 Francis Ave
City, State, Zip
Salina, KS 67401
"CITY":
City of Salina
P.O. Box 736
Salina, KS 67402-0736
SALINE COi NlY K~ (/!i7 City of Salina, Kansas
PERFORMANCE BOND tf823>fi5B51 7 PH 3: I 0
''SURETY''
Name and Principal Place of Business
Nationwide Mutual Insurance Company
Address
One West Nationwide Blvd, Frap Solutions
City, State, Zip
Columbus, OH 43215-2220
"PERFORMANCE BOND"
Bond Number
807901065438
Bond Amount
Fifty-Five Thousand Seven Hundred
Seventy-Five Dollars and 00/100 ($55, 775.00)
Bond Date (not earlier than Contract date
stated below)
February 2nd, 2023
1. The Contractor has, on the 2nd day of February , 2023, entered into a contract
with the City ("Contract"), for the furnishing of all materials and labor and doing all the work of
whatever kind necessary to construct certain improvements for the City, which are generally described
as follows:
2022 Major Concrete
(briefly describe project)
all in accordance with the detailed plans and specifications for such work on file in the office of the
City, and in accordance with the Contract.
2. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors, and assigns to the City for the performance of the Contract, which is
incorporated herein by reference.
3. If the Contractor performs and fulfills all of the undertakings, covenants, terms,
conditions, and agreements of the Contract, the Surety and the Contractor shall have no further
obligation under this Performance Bond.
Revised 1-2-15 23
City of Salina, Kansas
PERFORMANCE BOND
4. The Surety's obligation under this Performance Bond shall arise after the City has
declared a Contractor Default as defined below, formally terminated the Contract or the Contractor's
right to complete the Contract, and notified the Surety of the City's claim under this Performance Bond.
5. When the City has satisfied the conditions of Paragraph 4 above, the Surety shall, at
the Surety's sole cost and expense, undertake one or more of the following actions:
5 .1. Arrange for the Contractor to perform and complete the Contract, provided,
however, that the Surety may not proceed with this option, except upon the express written consent of
the City, which consent may be withheld by the City for any reason;
5.2. Undertake to perform and complete the Contract itself, through its agents or
through independent contractors;
5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to
the City for a contract for performance and completion of the Contract, arrange for a contract to be
prepared for execution by the City and contractor selected with the City's concurrence, to be secured
with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on
the Contract, and pay to the City the amount of damages as described in Paragraph 7 in excess of the
Balance of the Contract Price incurred by the City resulting from the Contractor Default; or
5.4. Waive its right to perform and complete, arrange for completion, or obtain a
new contractor, and with reasonable promptness under the circumstances:
i. After investigation, determine the amount for which it may be liable to the City
and, as soon as practicable after the amount is determined, tender payment
therefore to the City; or
ii. Deny liability in whole or in part and notify the City citing reasons therefore.
6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness,
the Surety shall be deemed to be in default on this Performance Bond three (3) business days after
receipt of written notice from the City to the Surety demanding that the Surety perform its obligations
under this Performance Bond, and the City shall be entitled to enforce any legal or equitable remedies
available to the City. If the Surety proceeds as provided in subparagraph 5.4, and the City refuses the
payment tendered or the Surety has denied liability, in whole or in part, the City shall be entitled
without further notice to Surety to enforce any legal or equitable remedies available to the City.
7. After the City has terminated the Contract or the Contractor's right to complete the
Contract, and if the Surety is proceeding under subparagraph 5.1, 5.2, or 5.3 above, then the
responsibilities of the Surety to the City shall not be greater than those of the Contractor under the
Contract, and the responsibilities of the City to the Surety shall not be greater than those of the City
under the Contract. To the limit of the amount of this Performance Bond, but subject to commitment
by the City of the Balance of the Contract Price to mitigation of costs and damages on the Contract,
the Surety is obligated without duplication for:
Revised 1-2-15 24
. '
City of Salina, Kansas
PERFORMANCE BOND
7 .1 . The responsibilities of the Contractor for correction of defective or unsuitable
work and performance and completion of the Contract;
7.2. Additional legal, design professional, and delay costs incurred by the City as a
result of the Contractor's Default, and as a result of the Surety's actions or failures to act under
Paragraph 5 above;
7.3. Liquidated damages as specified in the Contract, or, if no liquidated damages
are specified in the Contract, actual damages incurred by the City as a result of delayed performance
or non-performance of the Contract by the Contractor or the Surety; and
7.4. Payment of all unpaid and due and owing fees or payments owed to the City
under the Contract at the time of the Contractor Default.
8. To the extent of payment to the Surety of the Balance of the Contract Price, the Surety
shall defend, indemnify, and hold harmless the City from all claims, suits, causes of actions, and
demands (including all costs of litigation and reasonable attorneys' fees), which are brought against
the City by the Contractor or any other party and which arise from or by reason of payment to the
Surety the Balance of the Contract Price.
9. The Surety hereby waives notice of any change or modification to the Contract,
including changes of time, or changes to related subcontracts, purchase orders, and other obligations.
10. Any proceeding, suit, or claim, legal or equitable, under this Performance Bond shall
be instituted in the Saline County, Kansas District Court and shall be instituted within two years of the
date on which the Surety refuses or fails to perform its obligations under this Performance Bond, in
accordance with Paragraph 5 above.
11. All notices to the Surety or the Contractor shall be mailed or delivered to the respective
addresses shown on the first page. In the event of a change in the address of the Surety or the
Contractor, such party shall promptly provide notice to the City and the other party, with such notice
to include a reference to the Contract and this Performance Bond.
12. This Performance Bond and its validity, construction, and performance shall be
governed by the laws of Kansas.
13. Definitions. As used herein, the following terms shall have the following definitions:
13.1. "Balance of the Contract Price" shall mean the total amount payable by the
City to the Contractor under the Contract after all proper adjustments have been made, including
change orders and credits due the City, reduced by all valid and proper payments made to or on behalf
of the Contractor under the Contract and reduced further by all direct costs and expenses incurred by
the City as a result of the Contractor Default, including costs of additional supervision or inspection
by the City of the Contractor's work under the Contract and fees and expenses paid to consultants or
others hired by the City for purposes of monitoring or investigating the Contractor's work under the
Contract.
Revised 1-2-15 25
City of Salina, Kansas
PERFORMANCE BOND
13.2. "Contract" shall mean the agreement between the City and the Contractor
identified in Paragraph 1 above, including all related contract documents and changes thereto.
13 .3. "Contractor Default" shall mean the failure of the Contractor to perform or
otherwise comply with the terms of the Contract.
IN TESTIMONY WHEREOF, the Contractor has hereunto set its hand, and the Surety
. ~ : _ ·· as caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto -:--~:.-·----~-f~~ed, by its attorney-in-fact duly authorized to do so, as of this 2nd day of
-: : -··--_ .·_,,,.... }:'e~ruary , 2023. ----
CE>NTRACTOR AS PRINCIPAL SURETY
...By:-ffignature fv Surety's Name and Corporate Seal
.,-.~-:~~~o ( L 1\ \ Nationwide Mutual Insurance Company
----.. :.,
Print Name l ~_:-~ . . . . . -
.... _ . ____ ....
-........
-. .: .-
.. . ----. ~
Bradley 0. Lancaster --------.
Title By: Signature (Attach Powefl(tto~)
President ~ ,~·. \'·. ,: ___ .. ---.
Print Name . .
Alexi Dawn Mai
Title
Attorney-in-Fact
(A certified copy of the agent's Power of Attorney must be attached hereto.)
Revised 1-2-15 26
:.----: ::..
--.. -. '
' . 'I
"CONTRACTOR"
Name
City of Salina, Kansas
STATUTORY PAYMENT BOND
(Pursuant to K.S.A. § 60-1111)
"SURETY"
SPLINE COUN1Y 1\SQ9
2023 FE~=st>is3: I 0
Name and Principal Place of Business
Lancaster Construction, Inc. Nationwide Mutual Insurance Company
Address
618 Francis Ave
City, State, Zip
Salina, KS 67401
"CITY":
City of Salina
P.O. Box 736
Salina, KS 67402-0736
KNOW ALL BY THESE PRESENTS:
Address
One West Nationwide Blvd , Frap Solutions
City, State, Zip
Columbus, OH 43215-2220
"PERFORMANCE BOND"
Bond Number
807901065438
Bond Amount
Fifty-Five Thousand, Seven Hundred
Seventy-Five Dollars and 00/100 ($55,775.00)
Bond Date (not earlier than Contract date
stated below)
February 2nd, 2023
THAT the Contractor and the Surety are held and firmly bound unto the State of Kansas in
the amount of this Payment Bond, for the payment of which sum, well and truly to be made, said
Contractor and Surety bind themselves, their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT:
WHEREAS, the Contractor has, on the~ day of February , 2023, entered into
a contract with the City ("Contract"), for the furnishing of all materials and labor and doing all
the work of whatever kind necessary to construct certain improvements for the City, which are
generally described as:
2022 Major Concrete
(briefly describe project)
all in accordance with the detailed plans and specifications for such work on file in the office of
the City, and in accordance with the Contract, a copy of which is by reference made a part hereof.
Revised 1-2-15 27
,
City of Salina, Kansas
STATUTORY PAYMENT BOND
(Pursuant to K.S.A. § 60-1111)
NOW, THEREFORE, if the Contractor, or the subcontractor or subcontractors of the
Contractor, shall pay all indebtedness incurred for labor furnished, materials, equipment or
supplies, used or consumed in connection with, or in or about the construction or making of, the
above described improvements, including gasoline, lubricating oils, fuel oils, greases, and similar
items used or consumed directly in furtherance of such improvement, this obligation shall be void;
otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Contract or to the work
to be performed thereunder, or the specifications accompanying the same, shall in any way affect
its obligations on this bond; and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract, or to the work, or to the specifications.
PROVIDED FURTHER, the said Surety agrees that any person to whom there is due any
sum for labor or materials furnished , as hereinbefore stated, or said person's assigns, may bring an
action on this bond for the recovery of the indebtedness; PROVIDED, that no action shall be
brought on the bond after six (6) months from the completion of said public improvements.
IN TESTIMONY WHEREOF, the Contractor has hereunto set its hand, and the Surety has
caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed,
by its attorney-in-fact duly authorized to do so, as ofthis 2nd day of February
~~~~~~~~~
202:3.
CONTRACTOR AS PRINCIPAL SURETY
By: Signature Surety's Name and Corporate Seal
Bradley D. Lancaster
Title By: Signature (Attach Power of Attorney)
President
Print Name
Alexi Dawn Mai
Title
Attorney-in-Fact
(A certified copy of the agent's Power of Attorney must be attached hereto.)
Revised 1-2-15 28
I
-' ' .
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
ALEXI DAWN MAI, ALICIA M WEILAND, BRENDA R SMITH, ERINN BURCH, JAMES D WILSON,
JENNIFER D FESSENDEN, LINDSEY M STURN, MARK A SKIDMORE, TARA B EARLEY
each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
FIVE MILLION AND N0/100 DOLLARS ($5,000,000.00)
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021 , before me came the above-named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public, State of New York
No. 02MC6270117
Qualified in New York County
Commission Exoires October 19 2024
CERTIFICATE
Notary Public
My Commission Expires
October 19, 2024
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full , true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the i;ame has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney thti ciu!y elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said buard
of directors; and the foregoing power of attorney is still in full force and effect. J
IN ~ESS WHEREOF JI. I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Cornpany this rlY..._ day of
nMM'{ 'o1t1"3 . ~ 8 ,._ GI\~ . L-<rv ~
Assistant Secretary
BDJ 1 (08-21 )00
-·~ -
DEPARTMENT OF PUBLIC WORKS
Jim Teutsch, Director of Public Works
Daniel Stack, PE., City Engineer
Jim Kowach, PE., Operations Manager
300 West Ash· P.O. Box 736
Salina, Kansas 67402-0736
December 20, 2022
Lancaster Construction Inc.
618 Francis Ave.
Salina, KS 67401
City of
!i
Salina
RE: Notice of Award for City of Salina Project No. 22017
Dear Lancaster Construction Inc.:
TELEPHONE · (785) 309-5725
FAX· (785) 309-5713
TDD · (785) 309-5747
E-MAIL: jim.teutsch@salina.org
dan.stack@salina.org
j im.kowach@salina.org
WEBSITE · www.salina-ks.gov
The City of Salina has considered your Bid dated 12/01/2022 for the above Proj ect. You are the successfu l Bidder
and are awarded a Contract for 2022 Major Concrete.
The Contract Price of your Contract is Fifty-Five Thousand, Seven Hundred Seventy-Five Dollars ($55,775.00).
The Proposed Contract accompanies this Notice of Award, along with one (1) copy of the Performance Bond and
one (1) of the Statutory Payment Bond forms . As a condition precedent to the Contract award, you must deliver the
following documents to the City Clerk, City-County Building, 300 W. Ash, Room 206, P.O. Box 736, Salina, Kansas
67402, within ten (10) days of the date you receive this Notice of Award:
1. Three (3) fully-executed counterparts of the Contract.
2. Contract security (Bonds) on the forms enclosed and as specified in the General Clauses (paragraph 5), along
with a check for the Statutory Payment Bond filing fee, in the amount of $36.00 and payable to "Clerk of the
Saline County District Court."
3. The Certificate(s) of Insurance as specified in the General Clauses (paragraph 6).
Failure to comply with these conditions within the time specified will entitle the City to consider you in default, annul
this Notice of Award, and declare your Bid security forfeited . Within ten (10) days after your timely satisfaction of
these conditions, the City will return to you one fully signed counterpart of the Contract.
Please contact me if you have any questions.
Sincerely,
Enclosures
Our Mission is to Build and Maintain a Clean, Safe Community
DEPARTMENT OF PUBLIC WORKS
Jim Teutsch, Director of Public Works
Daniel Stack, P.E., City Engineer
Jim Kowach, P.E., Operations Manager
300 West Ash · P.O. Box 736
Salina, Kansas 67402-0736
City of
ti Salina
TELEPHONE · (785) 309-5725
FAX · (785) 309-5713
TDD · (785) 309-5747
E-MAIL: jim.teutsch@salina.org
dan.stack@salina.org
j im.kowach@salina.org
WEBSITE · www.salina-ks.gov
NOTICE TO PROCEED
0212312023
Project: 2022-Major Concrete
Owner: City of Salina Owner's Contract No.: 22017
Contract: Engineer's Project No.:
Lancaster Construction Inc.
Contractor: 618 Francis Ave.
Salina, KS 67401
You are notified that the Contract Times under the above Contract will commence to run on February 23 , 2023.
On or before that date, you are to start performing your obligations under the Contract Documents. In accordance
with the Contract, the date of Substantial Completion is November 30, 2023, and the date of readiness for final
payment is December 31 , 2023.
lease contact our office (785-309-5725) 3 weeks prior to beginning the tanned work to schedule a Pre-
Construction Meeting that will work with your schedule.
Copy to Engineer
CITY OF SALINA, KANSAS
Owner
Given by:
Authorized Signature
KENT R. JOHNSON, P.E.
CIVIL ENGINEER
Date: February 23 , 2023
r 11gi1 r'tl!... s '-·t • 11,11 I ( l I (I. t 10 I ( l tn l. ( . ti 11 (1 ,a< c. <.;I 1t,Hil)l • I ..l d 11l
Our Mission is to Build and Maintain a Clean, Safe Community
CERTIFICATE OF SUBSTANTIAL COMPLETION
Contractor's Amended Responsibilities:
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of Contractor's obligation to complete the Work in accordance with
the Contract Documents.
Executed by Inspector Date
Executed by Engineer Date
Accepted by Contractor Date
Accepted by Owner Date
Revised 2-1-16 34
CERTIFICATE OF FINAL COMPLETION
Project:
City of Salina
Owner: P.O. Box 736
Salina, KS 67402-0736
Contract:
Contractor:
Contractor's
Address:
Date of Issuance:
Owner's Contract No.:
Engineer's Project No.:
This Certificate of Substantial Completion applies to:
DAii Work under the Contract Documents: 0The following specified portions of the Work:
Date of Final Completion
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor, and Engineer. Per Section 45 of the City's General Clauses for Construction
Contracts and written notice from the Contractor that the entire Work is completed and ready for
final payment, the Engineer has made a final inspection. In the opinion of the Engineer, the
contractor has satisfactorily completed the Work, including all punch list items.
This certificate serves as the commencement date for the two-year warranty period pursuant to
Section 46 of the General Clauses. If within two years after final acceptance 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.
Revised 2-1-16 35
CERTIFICATE OF FINAL COMPLETION
If the Contractor does not promptly comply with the terms of the City's written instructions, or in
an emergency where delay would cause serious risk of loss or damage, the City may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced. All
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court costs) arising out of or relating to such
correction or repair or such removal and replacement (including but not limited to all costs of
repair or replacement of work of others) will be paid by the Contractor. Where defective Work
(and damage to other Work resulting therefrom) has been corrected or removed and replaced under
this section, the warranty period hereunder with respect to such Work will be extended for an
additional period of two years after such correction or removal and replacement has been
satisfactorily completed.
The Contractor's obligations under this section are in addition to any other obligation or warranty,
and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable
statute of limitations or repose.
Executed by Inspector Date
Executed by Engineer Date
Accepted by Contractor Date
Accepted by Owner Date
Revised 2-1-16 36
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
1. ..A.J>PI.,JC::J\TJ()N------------------------------------------------------------------------------------CJC::-1
2. DEFI1'l"ITJ()NS-------------------------------------------------------------------------------CJC::-1
a. J3id-------------------------------------------------------------------------------------------CJC::-1
b. J3idder------------------------------------------------------------------------------CJC::-1
c. C::hange ()rder------------------------------------------------------------------------------CJC::-1
d. C::it)t-------------------------------------------------------------------------------------CJC::-2
e. C::ontract--------------------------------------------------------------------------------------CJC::-2
f. C::ontract Documents---------------------------------------------------------------CJC::-2
g. C::ontract Price------------------------------------------------------------------------------CJC::-2
h. C::ontract Times ----------------------------------------------------------------------CJC::-2
1. C::ontractor --------------------------------------------------------------------------------CJC::-2
J· Drawings-------------------------------------------------------------------------CJC::-2
k. Engineer --------------------------------------------------------------------------------CJC::-2
1. Inspector------------------------------------------------------------------------------CJC::-2
m. Milestone------------------------------------------------------------------------------------CJC::-2
n. Notice to Proceed -----------------------------------------------------------------------CJC::-2
o. Site ---------------------------------------------------------------------------------------CJC::-2
p. S peci ficati ons ------------------------------------------------------------------------CJC::-3
q. Standard Specifications and Test Methods------------------------------------------CJC::-3
r. Substantial C::ompletion ------------------------------------------------------------------CJC::-3
s. \\'ork------------------------------------------------------------------------------------CJC::-3
3. TERMI1'l" () L()CJ Y ---------------------------------------------------------------------------CJC::-3
a. Da)' ------------------------------------------------------------------------------------------CJC::-3
b. Defective--------------------------------------------------------------------------------CJC::-3
c. F umish ------------------------------------------------------------------------------------OC-3
d. Install-----------------------------------------------------------------------------------CJC::-4
e. Perform; Provide----------------------------------------------------------------------CJC::-4
4. C::()MMENC::EMENT ()F C::ONTRJ\C::T TIMES; N()TJC::E TO PR()C::EED-------------CJC::-4
5. J3()NDS -------------------------------------------------------------------------------------CJC::-4
a. Performance J3ond -------------------------------------------------------------------------CJC::-4
b. Statutory J3ond-----------------------------------------------------------------------------CJC::-4
6. 11'l"SURA.NC::E REQUIREMENTS--------------------------------------------------------CJC::-4
7. P J\ TENTED DEVIC::ES J\ND PR()C::ESSES-----------------------------------------------CJC::-5
8. \\' J\ TER, CJJ\S J\ND ELEC::TRic::ITY ---------------------------------------------------------CJC::-5
9. PERMITS, UC::ENSES J\ND RECJULJ\ TIONS-----------------------------------------CJC::-5
Revised 1-11-18 37
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
J 0. NOTICES--------------------------------------------------------------------------------------GC-5
J J. 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. SALVA GED MA TE RIALS --------------------------------------------------------------GC-7
13. MATERIALS FURNISHED BY CITY-------------------------------------------------GC-7
14. BARRIERS AND LIGHTS---------------------------------------------------------------GC-7
15. RESPONSIBILITY FOR PROPERTY DAMAGE ---------------------------------------GC-7
16. PUBLIC CONVENIENCE ------------------------------------------------------------------GC-8
17. QUALITY 0 F MATERIALS AND EQUIPMENT----------------------------------------GC-8
18. W 0 RKMANS HIP-------------------------------------------------------------------------GC-8
19. PRESERVATION OF MONUMENTS AND MARKERS ------------------------------GC-8
20. TEST SAMPLES AND SPECIMENS ----------------------------------------------------GC-8
21. SPECIAL CONSTRUCTION METHODS--------------------------------------------------GC-9
22. SHOP AND ERECTION DRAWINGS----------------------------------------------GC-9
23. REPRESENTATION -----------------------------------------------------------------------GC-9
24. COOPERATION---------------------------------------------------------------------------------GC-9
25. IN CID ENT AL W 0 RK --------------------------------------------------------------------GC-1 0
26. FINAL CLEAN UP --------------------------------------------------------------------------GC-10
27. RESPONSIBILITIES OF THE CONTRACTOR ----------------------------------------GC-10
28. SANITARY CONVENIENCES ----------------------------------------------------------GC-11
Revised l-ll-18 38
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
29. APPROVAL OF SUBCONTRACTORS-------------------------------------------------GC-11
30. RESPONSIBILITY OF THE ENGINEER ----------------------------------------------GC-11
31 . INTERPRETATION OF CONTRACT DOCUMENTS --------------------------------GC-11
32 . INSPECTION ---------------------------------------------------------------------------------GC-11
33 . WORK AFFECTED BY WEA THER-----------------------------------------------------GC-12
34. CONTROL AND REGULATION OF WORK---------------------------------------------GC-12
35 . USE OF COMPLETED PO R TIONS--------------------------------------------------------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 . AL TERN A TES --------------------------------------------------------------------------GC-17
45. CERTIFICATES 0 F 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 39
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
Revised 1-11-18 40
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
1. APPLICATION.
These General Clauses are a part of the Contract Documents and shall be binding upon all
parties, except for the parts obviously not applicable to the particular Contract, or if specifically
revised, modified or supplemented by the technical Specifications, Bid, or Change Order.
2. DEFINITIONS.
When the following terms are used in the Specifications or other Contract Documents, the
intent and meaning shall be interpreted as follows:
(a) BID. The written offer of the Bidder to perform the contemplated Work in
accordance with the Contract Documents and setting forth the prices for the Work
to be performed.
(b) BIDDER. Any individual, partnership, firm or corporation submitting a proposal
for performing the Work.
(c) CHANGE ORDER. A written proposal and agreement, executed by the Contractor
and City and accompanied by new surety bonds in the full amount of the change
order, covering Work not included in the original Contract Documents. The City
reserves the right to waive the requirements of new surety bonds. Change orders
shall include such supplemental drawings and technical specifications as may be
required to show the location, character, details, and extent of the additions,
deletions, or modifications.
If applicable unit prices for these additions or deletions are not contained in the
original Contract Documents or if the total net change increases or decreases the
total Contract Price more than twenty-five percent (25%) the City shall, before
ordering the Contractor to proceed with desired changes, request an itemized
proposal from the Contractor covering the Work involved in the change.
If the proposal is acceptable, the Engineer shall then prepare a Change Order which
includes a detailed description of the change in the Work, a definite statement as to
the resulting change in the Contract Price and/or time, and a statement that all Work
involved in the change shall be performed in accordance with Contract
requirements except as modified by the Change Order.
If the proposal is not acceptable and prompt agreement between the two parties
cannot be reached, the City may order the Contractor to proceed with the Work on
a "Force Account" basis pursuant to Section 41 below.
(d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or
through legally authorized officials.
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(e) CONTRACT. The written agreement covering the performance of the Work.
(f) CONTRACT DOCUMENTS. Those items so designated as the "Contract
Documents" in the Contract.
(g) CONTRACT PRICE. The moneys payable by the City to the Contractor for
completion of the Work in accordance with the Contract Documents and as stated
in the Contract.
(h) CONTRACT TIMES. The number of days or the dates stated in the Contract
Documents to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion;
and (iii) complete the Work so that it is ready for final payment.
(i) CONTRACTOR. The individual, partnership, firm, or corporation executing a
Contract, acting directly or through lawful agents or employees, and who is
primarily liable for the acceptable performance of the Work under Contract and for
payment of all legal debts pertaining thereto.
(j) DRAWINGS. The working drawings, supplemental drawings, or reproductions of
the drawings showing the location, dimensions, and details of the Work to be done.
(k) ENGINEER. The City Engineer of the City of Salina, Kansas, or the City
Engineer's designated consulting engineer.
(I) INSPECTOR. An authorized representative of the Engineer or an authorized
representative of the City assigned to inspect the Work performed or materials
furnished by the Contractor, or all other duties required for construction of the
project as set forth in the Specifications.
(m)MILESTONE. A principal event specified in the Contract Documents relating to
an intermediate completion date or time prior to Substantial Completion of all the
Work.
(n) NOTICE TO PROCEED. A written notice given by the City to the Contractor
fixing the date on which the Contract Times will commence to run and on which
Contractor shall start to perform the Work on the Contract Documents.
( o) SITE. Land or areas indicated in the Contract Documents as being furnished by
the City upon which the Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands furnished by the City which are
designated for the use of the Contractor.
(p) SPECIFICATIONS. The directions, provisions, and requirements pertaining to the
method and manner of performing the Work, to the kind and type of equipment, or
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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) DEFECTNE. 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;
11. Does not meet the requirements of any applicable inspection, reference
standard, test, or approval referred to in the Contract Documents; or
111. 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.
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( d) INST ALL. The word "install," when used in connection with services, materials,
or equipment, shall mean to put into use or place in final position said services,
materials, or equipment complete and ready for intended use.
(e) PERFORM; PROVIDE. The words "perform" or "provide," when used in
connection with services, materials, or equipment, shall mean to furnish and install
said services, materials, or equipment complete and ready for intended use.
When "furnish ," "install," "perform," or "provide" is not used in connection with
services, materials, or equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
4. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED.
The Contract Times will commence to run on the thirtieth day after the effective date of
the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the effective date of the Contract.
5. BONDS.
The Contractor shall furnish such surety bonds as hereinafter identified and described. Any
and all bonds shall be so written as to make the Contract Documents a part thereof, whether by
reference or attachment, in order to give the surety full notice of the conditions thereof. Each bond
shall be a legally issued surety drawing in an amount not less than the total Contract Price, meeting
the approval of the City and all other parties concerned as required by law as to form, tenor,
execution and surety, and shall be delivered to the City, along with the executed Contract, within
ten (10) days after the City's notice of award. The Contractor shall have no rights under the
Contract until such acceptable bonds have been furnished and delivered. The City may waive the
conditions as to time, and the acceptance of said bonds after expiration of the specified interval
shall not affect the validity of the Contract or any such bonds. The Contractor shall furnish the
following:
(a) PERFORMANCE BOND. A performance bond, in the form provided by the City,
running to the City, conditioned upon the prompt, full, and complete performance
by the Contractor as principal of all covenants, obligations, and agreements
contained in the Contract Documents. The performance bond shall remain in effect
until completion of the two (2) year warranty period specified in Section 46 below.
(b) STATUTORY BOND. A payment bond, in the form provided by the City, running
to the State, conditioned that the Contractor as principal shall pay all indebtedness
incurred for labor, supplies, equipment, and materials furnished in making the
improvements called for by the Contract Documents.
6. INSURANCE REQUIREMENTS.
The Contractor shall purchase and maintain, and shall require each of its authorized
subcontractors to obtain and maintain, for the duration of the Contract, policies of insurance,
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providing such coverages and meeting such requirements as specified in Schedule A attached
hereto.
7. PA TENTED 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.
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Unless otherwise provided in the Bid, no separate or additional payment will be made for any
Work in connection with removal, relocation, or restoration of obstructions and existing facilities.
(a) SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and
services, gas mains and services, storm drains and pipe culverts, underground
conduits, cables, and similar buried obstructions. The drawings indicate the general
location of certain utilities and facilities; the Contractor shall make a reasonable
effort to ascertain the existence of obstructions by inquiry and examination of
public and private utility maps, and shall locate obstructions by digging in advance
of machine excavation where definite information is not available as to their exact
location. Where such facilities are unexpectedly encountered and damaged,
responsible officials and other affected parties shall be notified and proper
arrangements made for the prompt repair and restoration of service, subject to the
requirements of Section l l(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.
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(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) PRJV ATEL Y 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.
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15. RESPONSIBILITY FOR PROPERTY DAMAGE.
The Contractor shall make payment for all damage to buildings, structures, trees,
shrubbery, or other property located outside the construction limits, or located within those limits
but not designated for removal or reconstruction, providing such damage shall result from the
wrongful acts, errors, mistakes, omissions, or defective Work or services of the Contractor, its
employees, agents, or any tier of subcontractors in the performance of the Work.
16. PUBLIC CONVENIENCE.
During the progress of the Work, the convenience of the local public and of residents along
the Work shall be considered and, where possible, their rights of access shall be preserved.
Temporary driveways, approaches, and crossings shall be provided where practicable and
maintained in good condition. Construction materials shall be so stored or stockpiled as to cause
as little obstruction as possible and still be readily accessible for use or inspection. No material
shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; fire
hydrants shall remain ready for immediate use by the fire department.
17. QUALITY OF MATERIALS AND EQUIPMENT.
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.
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20. TEST SAMPLES AND SPECIMENS.
Properly identified test samples and specimens shall be submitted by the Contractor in
ample time to permit tests to be conducted, and results determined, well in advance of the time
such materials are to be incorporated in the Work. Samples and specimens shall be submitted in
standard or ample sizes and quantities for the determination of all specified tests, and shall be
shipped charges prepaid to an approved testing laboratory. Commercial laboratories shall be
instructed to distribute copies of test results to the Contractor, City, Inspector, and Engineer. All
costs in connection with sampling and testing, including materials, transportation charges, and
commercial laboratory fees, shall be borne by the Contractor. No charges will be made for tests
performed by the Engineer or his inspectors.
21. SPECIAL CONSTRUCTION METHODS.
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
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Work and designate the sequence in which it shall be performed. The Contractor shall accept and
fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to
comply with such instructions shall be considered as sufficient cause for termination of the
Contract by the City.
25. INCIDENTAL WORK.
All Work to be done by the Contractor as shown on the Drawings and described in the
Specifications, including any and all minor details not specifically shown or described but
obviously essential to the proper completion of the Work, shall be considered as subsidiary to, and
included with, the Work for which prices are named in the Contract Documents. The Contractor
shall not be entitled to any extra or additional compensation for such incidental Work unless
otherwise specified.
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
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invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist
in, the final inspection of the project and shall furnish all labor and equipment required for final
tests.
The Contractor shall furnish all stakes, batter board, straight-edges, and grade string and
shall furnish workers to set them under the direction of the Inspector. The Contractor shall notify
the Inspector at least 48 hours in advance, stating where stakes are wanted, before requiring stakes
on any section of the project. After construction stakes are set, the Contractor shall preserve them.
Any Work done without lines and grades as given by the Inspector, or without supervision of any
authorized representative of the Engineer, may be ordered removed and replaced at the expense of
the Contractor.
28. SANITARY CONVENIENCES.
The Contractor shall provide all necessary privy accommodations for the use of the
Contractor's employees and shall maintain the same in a clean and sanitary condition. The
Contractor shall not create or permit any nuisance to the public or to residents in the vicinity of the
Work.
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
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suitability may be determined under such procedures. Inspectors shall have the authority to reject
defective materials, to delay the respective construction while the suitability of materials is being
determined or while equipment is being adjusted or calibrated, and to suspend operations on any
part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate
from or to relax the Specifications without written permission of the Engineer or to delay the Work
by failing to inspect or field test any of the Work and materials with reasonable promptness.
The Inspector will maintain a project record showing the chronological sequence of
progress, and will prepare such progress reports as required during construction and at monthly
intervals will prepare, and submit to the City, periodic payment estimates based on the amount and
value of all Work perfonned to date by the Contractor.
33. WORKAFFECTEDBYWEATHER.
The Inspector may order such parts of the Work suspended should the weather or season
be such that any part of the Work cannot be done properly and with due regard to durability, finish,
or appearance. The Contractor may be required to protect the several parts of exposed Work from
damage by the elements or other causes.
34. CONTROL AND REGULATION OF WORK.
The Engineer or Inspector shall have the authority to exercise their judgment and initiative
in the control and regulation of the Work. The Engineer or Inspector may regulate the amount of
Work open or under construction in advance of completed portions and require the Contractor to
place materials and perform Work in the manner, order, and sequence as required for the mutual
advantage of all parties concerned.
35. USE OF COMPLETED PORTIONS.
The City shall have the right to take possession of and use any completed portion or usable
unit of the Work at any time, but such possession and use shall not be deemed an acceptance of
any Work not constructed or completed in accordance with the Contract Documents. If such prior
use delays the completion or increases the cost of the Work, the Contractor shall be entitled to such
extension of time or extra compensation, or both, as the Engineer may determine. The City, in
taking possession prior to final acceptance, shall agree to abide by the Engineer's decision relative
to responsibility for damages to the Work during the period of such prior possession and use.
36. VARIATIONS, CHANGES AND MODIFICATIONS.
The Work contemplated in the Contract Documents may be subject to such changes as
normally occur during construction. The Engineer, as authorized by the City, may order minor
variations in the Work, provided such variations are consistent with the intent of the Drawings and
Specifications, and improve or expedite the Work.
The Engineer may, without written order or other formality, correct obvious errors in the
Drawings and Specifications or make such minor adjustments as are required to adapt the Work to
existing conditions or circumstances, provided such corrections and revisions are consistent with
the intent of the Drawings and Specifications, and do not materially affect the total Contract Price.
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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. Jn 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:
1. 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);
11. The Contractors persistent disregard of laws, ordinances, or regulations, or
the directions of the Engineer; or
111. The Contractor's violation in any substantial way of any provisions of the
Contract Documents.
Revised 1-11-18 53
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
(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:
1. Exclude the Contractor from the Site, and take possession of the Work and
of all the Contractor's tools, appliances, construction equipment, and
machinery at the Site, and use the same to the full extent they could be used
by the Contractor (without liability to the Contractor for trespass or
conversion);
11. 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
m. Complete the Work as the City may deem expedient.
( c) If the City proceeds as provided in subsection (b) above, the Contractor shall not
be entitled to receive any further payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court costs) sustained by the City arising out of or
relating to completing the Work, such excess will be paid to the Contractor. If such
claims, costs, losses, and damages exceed such unpaid balance, the Contractor shall
pay the difference to the City. When exercising any rights or remedies under this
section, the City shall not be required to obtain the lowest price for the Work
performed.
(d) Notwithstanding the foregoing, the Contractor's services will not be terminated if
the Contractor begins within ten ( 10) days of receipt of notice of intent to terminate
to correct its failure to perform and proceeds diligently to cure such failure within
no more than thirty (30) days of receipt of said notice.
(e) If the Contractor's services have been terminated by the City, the termination will
not affect any rights or remedies of the City against the Contractor then existing or
which may thereafter accrue. Any retention or payment of moneys due the
Contractor by the City will not release the Contractor from liability.
40. PAYMENTS TO CONTRACTOR.
Five days prior to the City's first regularly scheduled meeting of each month a periodic
estimate, based on Work completed or on receipted invoices for approved materials and equipment
stored at the project site, shall be prepared by the Engineer. Periodic estimates for a lump sum
Contract will be based on an itemized breakdown of all Work included in the Contract, prepared
by the Contractor, and submitted to the Engineer for approval prior to preparation of the initial
periodic estimate. The breakdown shall include all costs in connection with each major
classification of construction items and shall show quantities, unit prices and extensions, the sum
Revised 1-11-18 54
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
of which shall be the total amount of the Contract. In making partial payments, ten percent (10%)
will be retained from each payment. Upon the Engineer's certification of the Project's final
completion and readiness for final payment pursuant to Section 45(b) below, the Owner shall make
payment of retainage. In measuring Work for payment the actual length, width, depth, area,
contents, or number shall be considered, and the length shall be measured along the centerline of
the Work whether straight or curved. No extras of any kind will be allowed unless covered by
written order or agreement specifically describing such extras.
41. FORCE ACCOUNT.
Where it is specified, or agreed during the course of the Work, that any portion of the
construction shall be done by "force account," the Contractor shall keep an accurate record of all
materials, labor, and equipment used and shall furnish the Inspector a copy of each day's record
within twenty-four (24) hours to permit an accurate check thereof. The City shall pay for such
construction at the actual cost to the Contractor of materials and labor, including the costs of
insurance, social security, taxes and bonds, chargeable to this portion of the Work; plus fifteen
percent (15%) for superintendence, overhead, and the use of tools and appliances.
The use of equipment on such construction shall be paid for at rental rates recommended
by the Association of General Contractors, modified for Kansas by the Kansas Department of
Transportation; such price and payment being full compensation for all costs in connection with
operation, repair, maintenance, overhead, depreciation, and profit.
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.
Revised 1-11-18 55
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
1. The Contract Times may be extended by Change Order due to the occurrence of
unusualJy 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.
u. The following schedule of monthly anticipated adverse weather delays is based on
National Oceanic and Atmospheric Administration (NOAA) or similar data for the
project Site and will constitute the baseline for the Engineer's monthly evaluations
of the Contractor's entitlement to an extension of the Contract Times under this
Section. The Contractor's progress schedule must reflect these anticipated adverse
weather delays in all weather dependent activities for the duration of the Work.
MONTHLY ANTICIPATED ADVERSE WEATHER DELAY
WORKDAYS BASED ON FIVE-DAY WORK WEEK*
Dec
7
m. 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 101h day of each
month, the Contractor shall provide the Engineer with written report of its proposed
dates of actual adverse weather delay days for prior month. The report shall: (1)
list the number of actual adverse weather delay days and include days impacted by
actual adverse weather (even if such adverse weather occurred in previous month);
(2) be calculated chronologically from the first to the last day of each month, and
be recorded as full days; and (3) include documentation and all details reasonably
available to demonstrate the nature and duration of the delays and their effect on
the critical path activities. If the number of actual adverse weather delay days
exceeds the number of days anticipated in subsection (b) above, the Engineer will
convert any qualifying delays to calendar days and the Contract Time shall be
extended by Change Order. After the original Contract Times have expired,
adverse weather that causes delay to the completion of the Work will be granted
day-for-day without deducting anticipated adverse weather delay days and will be
converted from work days to calendar days.
Revised 1-11-18 56
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
iv. Monthly anticipated weather delay days shall be adjusted proportionally if Work is
scheduled to be performed greater than or less than five (5) days during any work
week. The following formula shall be used to adjust the monthly anticipated
weather delays: Adjusted monthly anticipated weather delays = A multiplied by (B
divided by C); where
A = The monthly anticipated adverse weather delay for a particular month
based on a five-day work week.
B = The actual average number of days work is scheduled to be performed in
a work week during that particular month.
C =The number five (5).
Example -If the monthly anticipated adverse weather delay for January based
on a five day work week is I 0 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: l 0 x (6/5)
= 12 days.
Monthly anticipated weather delay days shall also be adjusted proportionally for
those situations involving a fractional part of a month. The following formula shall
be used to adjust the monthly anticipated weather delays: Adjusted monthly
anticipated weather delays = D multiplied by (E divided by F); where
D = The monthly anticipated adverse weather delay for a particular month.
E = The number of calendar days during that fractional part of a particular
month.
F = The number of calendar days in that particular month.
Example -The monthly anticipated adverse weather delay for the particular
month is 9 days. The original contract completion date is on the 20th day of
a 30-day month. The monthly anticipated adverse weather delay would be
adjusted by applying the above formula as follows: 9 x (20/30) = 6 days.
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.
Revised 1-11-18 57
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
44. ALTERNATES.
To receive consideration for any proposed alternate for material, equipment, or item
specified in the Contract Documents, the Contractor shall submit a full description of the proposed
alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the
purpose of evaluation and approval.
45. CERTIFICATES OF COMPLETION.
(a) SUBSTANTIAL COMPLETION. When the Contractor considers the Work, or a
portion thereof which the City agrees to accept separately, substantially complete,
the Contractor shall notify the City and Engineer in writing that the Work or
designated portion thereof is substantially complete and request that the Engineer
issue a certificate of Substantial Completion. If the Engineer considers the Work
or designated portion thereof substantially complete, the Engineer will execute and
deliver a certificate of Substantial Completion, which shall fix the date of
Substantial Completion and shall be accompanied by an attached "punch list" of
items to be completed or corrected before the Work or designated portion thereof
is deemed completed and ready for final payment. The certificate of Substantial
Completion shall also provide for the division of responsibilities, pending final
payment to the Contractor, with respect to security, operation, safety, and protection
of the Work, maintenance, utilities, insurance, and warranties and guarantees.
(b) FINAL COMPLETION. After the issuance of a certificate of Substantial
Completion, and upon written notice from the Contractor that the entire Work is
completed and ready for final payment, the Engineer will promptly make a final
inspection. If the Contractor has, in the opinion of the Engineer, satisfactorily
completed the Work, including all punch list items, the Engineer will execute and
deliver a certificate of Final Completion, which shall fix the date of Final
Completion and readiness for final payment. The final completion date will also
serve as the 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
Revised 1-11-18 58
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
replace it with Work that is not defective; and satisfactorily correct or repair, or
remove and replace, any damage to other Work, to the work of others, or other land
or areas resulting therefrom.
If the Contractor does not promptly comply with the terms of the City's written
instructions, or in an emergency where delay would cause serious risk of loss or damage, the City
may have the defective Work corrected or repaired or may have the rejected Work removed and
replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals and all court costs) arising out of or
relating to such correction or repair or such removal and replacement (including but not limjted to
all costs ofrepair or replacement of work of others) will be paid by the Contractor.
Where defective Work (and damage to other Work resulting therefrom) has been corrected
or removed and replaced under this section, the warranty period hereunder with respect to such
Work will be extended for an additional period of two years after such correction or removal and
replacement has been satisfactorily completed.
The Contractor's obligations under this section are in addition to any other obligation or
warranty, and shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitations or repose.
47. MAINTENANCE OF PROJECT SITE.
The Contractor shall be responsible for keeping a neat and orderly job site. Locations for
storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover
crops necessary for erosion control shall be kept under 12" in height and trimmed away from
pavements, curbs, and sidewalks. The Contractor shall perform corrective maintenance promptly
upon notification from the Inspector.
Revised 1-11-18 59
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
Revised 1-11-18 60
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
SCHEDULE A
INSURANCE REQUIREMENTS
(Construction Services)
Pursuant to Section 6 of the Contract and Section 6 of the General Clauses, the Contractor
shall obtain, pay for, and maintain -and shall require each of its authorized subcontractors to obtain
and maintain -for the duration of the Agreement, policies of insurance meeting the following
requirements:
I. General Requirements.
A. Additional Insured. With the exception of any workers' compensation and
professional liability policies to be obtained by the Contractor hereunder, all policies shall name
the City of Salina ("City"), its agents, representatives, officers, officials, and employees as
additional insured(s). Insurance for the additional insured shall extend to Products/Completed
Operations and be as broad as the insurance for the named insured, including defense expense
coverage, and, with respect to the commercial general liability policy required hereunder, shall be
endorsed to apply as primary and non-contributory insurance before any other insurance or self-
insurance, including any deductible, maintained by, or provided to, the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver
of subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
C. Claims Made Policies. If coverage is written on a claims-made basis for any of the
policies required by this Contract, the Contractor must maintain the coverage for a minimum of
two (2) years from the date of final completion of all work under the Contract.
D. Premium and Deductible Expenses. The Contractor shall be responsible for all
premiums and retention or deductible expense for any and all policies required by this Contract.
2. Specific Coverage Requirements.
A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL
coverage written on ISO Occurrence form CGOO 0 I 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
• General aggregate
• Personal and Advertising Liability
$1 ,000,000
$2,000,000
$1 ,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately to
each project. The Contractor shall maintain the Products and Completed Operations liability
coverage for a period of at least two (2) years after completion of all work under the Contract.
Revised 1-11-18 61
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
SCHEDULE A
INSURANCE REQUIREMENTS
(Construction Services)
B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL
coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable
to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired,
rented or used by the Contractor and include automobiles not owned by but used on behalf of the
Contractor. The BAL policy limits shall not be less than the following:
• Combined single limit $1 ,000,000
C. Workers' Compensation/Employer's Liability. The Contractor shall maintain
workers' compensation and employer's liability coverage with policy limits not Jess than the
following:
• Workers' Compensation (Coverage Part A)
o Statutory
• Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease -policy limit
o $100,000 disease -each employee
Revised 1-11-18 62
SECTION 1 -GENERAL
I. SCOPE
The work provided for in these Contract Documents shall consist of furnishing all labor,
materials, appliances, and equipment, and performing all work and operations in connection with
the construction of items and all other incidental and related work to complete the proposed
project ready for use and service.
2. LOCATION
All work will be done on property owned or controlled by the City of Salina, Kansas.
3. SALES TAX EXEMPTION
Bid items, materials, equipment and service incorporated into this project will be exempt
from the payment of sales tax under the laws of the State of Kansas, and such sales tax shall not
be included in the proposals of the bidders. The Owner, when requested, will provide the
Contractor with proper exemption documentation. Upon issuance of proper exemption
documentation to the Contractor, the Contractor shall assume full responsibility for his or her
own proper use of the number and shall pay all costs of any legally assessed penalties relating to
the Contractor's improper use of the exemption documentation.
4. SPECIFJCA TIONS
The work shall conform to these Specifications and to the "Standard Specifications"
where reference is made herein. "Standard Specifications" mean the current edition of the'
Kansas Department of Transportation's Standard Specifications for State Road and Bridge
Construction and the Salina Code, with such revisions, amendments, and supplements as are
contained herein.
5. COORDINATION OF CONTRACT DOCUMENTS
The contract documents are intended to be complementary and to describe and provide
for a complete work. ln case of discrepancy among contract documents, the governing ranking
will be:
fa) Job Special Provisions (Sections 1 -99)
(b) Plans
(c) Standard Drawings
( d) Standard Specifications (Sections 100+)
( e) Bid Items or Quantities
6. BONDS
Statutory and performance bonds are required for all contracts of $50,000 or more. Bid
bonds are required for all bids.
More information about statutory and performance bonds can be found in the General
Clauses. More information about bid bonds can be found in the Information for Bidders.
7. KANSAS ONE CALL
The City is NOT a member of Kansas One Call (811, www.kansasonecall.com). Some
work on this project may be in the vicinity of City utility facilities, which includes but is not
Revised 2-2-2022 KRJ 63
SECTION 1 -GENERAL
limited to traffic signal cables, highway lighting circuits, cathodic protection cables, etc. Prior to
beginning work, the contractor shall request locates from Kansas One Call.
Revised 2-2-2022 KRJ 64
SECTION 50 -JOB SPECIAL PROVISIONS
1. PROJECT CONTACT FOR CONTRACTOR/BIDDER QUESTIONS
All questions concerning this project during the bidding process shall be forwarded to the
project contact listed below.
Kent R. Johnson, P.E., Project Contact
300 W Ash, P.O. Box 736
Salina, KS 67402-0736
(785)-309-5725
Kent.Johnson@Salina.org
2. INSPECTION, SAMPLING & TESTING
The Contractor shall allow the Inspector access to sample all materials for quality assurance
purposes.
3. WORK HOURS
The City of Salina reserves the right to have an Inspector present for all work.
The City of Salina recognizes the following holidays: New Year's Day; Martin Luther
King, Jr. Day; Presidents Day; Memorial Day; Independence Day; Labor Day; Veterans Day;
Thanksgiving Day; the day after Thanksgiving Day; Christmas Day; one additional day before or
after Christmas Day. When the holiday falls on a Saturday, the City of Salina observes the holiday
the Friday before. When the holiday falls on a Sunday, the City of Salina observes the holiday the
Monday after.
Work shall be performed from 7 a.m. to 6 p.m. Monday through Friday. Work outside
those hours may be allowed if a City of Salina inspector is available. If enough advanced notice
is provided and the Inspector consents, work will be allowed outside those hours at no cost to the
contractor. Otherwise, work may be allowed with a $37.50/hour deduct to cover the Inspector's
overtime costs.
4. PROGRESS OF WORK
Once begun, repairs shall progress steadily to completion, minimizing the disruption to
property owners/occupants and traffic.
5. MANHOLE ADJUSTMENTS
New manhole castings shall be procured from the City of Salina and installed as part of
this work.
Payment for manhole adjustment work shall be subsidiary to the concrete pavement pay
items.
6. VAL VE ADJUSTMENTS
A new top section of the valve box and valve box lid shall be provided with this work.
Valve boxes and lids shall be cast iron (Tyler Series 6850 or approved equal), of the extension
65
SECTION 50 -JOB SPECIAL PROVISIONS
type, of suitable length and diameter for the individual location, and equipped with removable cast
iron covers. Water valve box lids shall be marked "Water."
Valves in repairs on this project include:
• three in Republic.
Payment for valve adjustment work shall be subsidiary to the concrete pavement pay items.
7. SUBGRADE TREATMENT
The subgrade shall be brought to lines, grades and sections shown on the plans as herein-
after described. All soft and yielding material and other portions of the subgrade which will not
compact readily when rolled or tamped, shall be removed and all loose rock or boulders found in
the earth excavation shall be removed or broken off to a depth of not less than six (6) inches below
the surface of the subgrade. All holes or depressions made by the removal of this material shall be
filled with approved material and the whole subgrade brought to line and grade and compacted.
Upon approval by the Inspector of the appropriate compaction, the Contractor must place
the improvements within five calendar days. If the pavement is not placed within five calendar
days, additional compaction may be required.
Sufficient subgrade treatment quantities for all the improvements have been provided in
the project documents. Contractor will be paid only for quantities that are required, documented,
and agreed upon with the inspector.
8. REMOVALS
Removal of the items included in this contract shall include sawcutting neat lines and
disposal of the removed material in accordance with local laws, ordinances, and best practices.
All work required to complete the removals shall be included in the bid items for removals
included in this contract.
9. CONTRACTOR CONSTRUCTION STAKING
Repairs typically will match adjacent panel elevations. Where that is not sufficient, this
item will cover the costs required to recreate existing pavement elevations with the proposed
improvements. Work included in this item shall be competent but need not be performed by a
licensed surveyor.
I 0. EXISTING CONCRETE PAVEMENT THICKNESS
Payment for removals shall be as follows:
Existing Pavement Excavation
Thickness
Republic 6" assumed 2"
66
Proposed Pavement
Thickness
8"
SECTION 50 -JOB SPECIAL PROVISIONS
Removal to the depth of pavement shown above shall be paid for as pavement removal. Additional
removal to the depth of excavation shown above shall be paid for as excavation. Removal to depth
in excess of the excavation shown above will be paid as an overrun of the excavation quantity
proportionate to the depths shown above. Payment shall only be made for removal required to
complete the replacement.
12 CONTINGENCY QUANTITIES
Replacements are generally full panels and quantities should be fairly accurate. However,
because repairs often grow during removal, additional quantities have been added as a
contingency. Contingency quantities are not expected to be used; rather contingency quantities
will be used if needed.
13. JOINTS
Transverse joints, longitudinal joints, and curb and gutter/pavement joints shall be tied
according to City of Salina standard drawings. All costs to comply with this requirement shall be
included in the bid items for concrete pavement.
14. PAVEMENTREINFORCEMENT
Concrete pavement shall be reinforced with a minimum of 6x6 -2.9x2.9 welded wire mesh
or #3 reinforcing bars on 2' centers placed one inch above the center depth of the pavement.
67
SECTION 50 -JOB SPECIAL PROVISIONS
68
SECTION 60-UTILITIES
1. GENERAL
For informational purposes only, the following is a list of names, addresses, and
telephone numbers of the known utility companies in the area of the construction work for this
improvement:
Utility Name Known Required Adjustment
City of Salina (Water and Sanitary Sewer)
401 s. 5th
Salina, KS 67401 None
(785) 826-7305
Contact: Martha Tasker
AT&T (Telephone & Fiber Optic)
Scott Dunlap -Mgr. OSP Engineering Design
154 N. Broadway, Rm 210 None
Wichita, KS 67202
0 (316) 268-2194 c (316) 573-9612
Westar Energy (Electric)
Jeff Zuercher -Sr. Technical Design Specialist
100 l Edison Place None
Salina, KS 67401
0 (785) 822-3588 c (785) 577-3945
Kansas Gas Service (Gas)
Chad Plunkett -Tech Analyst II
100 l Edison Pl. None
Salina, KS 67401
0 (785) 822-3521 c (785) 416-0975
Cox Communications (Cable TV)
Noel Tolbert -Construction Planner I
90 l S George Washington Blvd None
Wichita, KS 67211
0 (316) 260-7475 c (316) 214-4488
Nex-Tech Wireless
Terry Peterson
3001 New Way None
Hays, Kansas 67601
c (785).567-3022
Zayo Operations
Tommy Bunce -OSP Project Manager
102 N. Main Street None
Buhler, KS 67522
c (620).200-3621
Rev: 30 January 2019 DRS 69
SECTION 60 -UTILITIES
The existence and approximate location of utility facilities known to exist, as shown on
the plans, are based upon the best information available to the City at this time. This information
is provided by the City "as-is" and the City expressly disclaims any representation or warranty as
to the completeness, accuracy, or suitability of the information for any use. Reliance upon this
information is done at the risk and peril of the user, and the City shall not be liable for any
damages that may arise from any error in the information. It is, therefore, the responsibility of
the contractor to verify the above listing information indicating existence, location and status of
any facility. Such verification includes direct contact with the listed utilities.
The contractor agrees that any effects of the presence of the utilities, their relocation,
contractor's coordination of work with the utilities and any delay in utility relocation shall not be
compensable as a suspension of work, extra work, a change in the work, as a differing site
condition or otherwise including but, without limitation, delay, impact, incidental or
consequential damages. The contractor waives, for itself, its subcontractors and suppliers the
compensability of the presence of utilities, delay in their relocation and any cost to the
contractor, it's subcontractors and suppliers in any claim or action arising out of or in relation to
the work under the contract.
The contractor shall be solely responsible and liable for incidental and consequential
damage to any utility facilities or interruption of the service caused by it or its subcontractors
operation. The contractor shall hold and save harmless the Commission from damages to any
utility facilities interruption of service by it or its subcontractor's operation.
2. KANSAS ONE CALL
The City is NOT a member of Kansas One Call (811 , www.kansasonecall.com). Some
work on this project may be in the vicinity of City utility facilities, which includes but is not
limited to traffic signal cables, highway lighting circuits, cathodic protection cables, etc. Prior to
beginning work, the contractor shall request locates from Kansas One Call.
Rev: 30 January 2019 DRS 70
SECTION 102 -EXCAVATION AND EMBANKMENT
1. GENERAL
Work under this section consists of excavation for manholes; excavation and back filling
fo r structures; excavation and embankment for channels and dikes; and grade changes for roads,
sidewalks, alleys, and streets. The work includes disposal of excess excavated materials, waste
materials, and all debris necessary to permit construction of the various items in the project; and
all miscellaneous and incidental work in connection with excavation and embankment to the
lines and grades shown on the drawings and in accordance with these specifications.
2. SITE PREPARATION
Trees, shrubs, heavy growth of weeds or other vegetation, sod, and other debris shall be
removed from the area where construction is shown; such removal may be by burning, stripping,
or other satisfactory methods as authorized by the Engineer. Strippings, large roots, and other
debris shall be transported off the site of construction and not incorporated in, or covered by,
backfills or embankments.
3. SURF ACE DRAINAGE
Surface drainage shall be diverted away from excavations prior to beginning the work. The
Contractor shall remove surface water which accumulates in excavations and shall restore the
subgrade to original bearing values at no additional expense to the Owner.
4. SHORING AND BRACING
The Contractor shall furnish and install all shoring, bracing, and blocking required to
preserve and maintain exposed excavation faces, to protect existing facilities, and to provide for
the safety of his workmen and the general public.
5. MANHOLE EXCAVATION
Excavation for manholes shall be cut sufficiently outside the neat lines of the structure to
allow for all construction, installation of piping, and for inspection; but in no case shall the
excavation be more than two (2) feet outside the neat, vertical lines of the manhole. Care shall be
taken to prevent overdepth excavation, except as ordered by the Engineer for removal of unstable
subgrade material. Any overdepth excavation shall be filled with concrete or with approved
backfill material. No extra payment will be made for such additional concrete or subgrade
restoration.
6. STRUCTURE EXCAVATION
Excavation for structures shall be cut sufficiently outside the neat lines of the structure to
allow for all construction and installation including forms and falsework, connection of piping,
and for inspection. Care shall be taken to prevent overdepth excavation except as ordered by the
Engineer for removal of unstable subgrade material. Any overdepth excavation shall be filled
with concrete or with approved backfill material. No extra payment will be made for such
additional concrete or subgrade restoration. Subgrade under slabs may be topped out with sand if
entirely confined and placed to prevent displacement under pressure. Sand shall be not less than
two (2) inches in depth, screeded to grade, completely dry or inundated, and covered with
waterproof membrane.
Revised 3-9-2015 DRS 71
SECTION 102 -EXCAVATION AND EMBANKMENT
7. STRUCTURE BACKFILL
After completion of construction below original ground surface, all form s, shoring, and
bracing shall be removed and the excavation cleaned of trash and debris. Material for structure
backfilling shall consist of approved material from the excavation or from borrow sources and
shall be free from trash, lumber, and excessive amounts of organic matter. The backfill material
shall be placed in layers or lifts, and each layer shall be uniformly compacted to a density not
Jess than that of adjacent undisturbed earth. Water settlement may be used only if proper
compaction can be obtained by this method, and provided that proper precautions are taken to
prevent displacement of the structures by buoyancy when submerged in water.
8. COMP ACTED FILLS AND EMBANKMENTS
Fills and embankments shall be constructed of approved materials and shall be compacted
by rolling, tamping, or other methods approved by the Engineer, until the entire fill bas attained a
density equal to the specified compaction limits. Embankments shall be placed in layers, not to
exceed six (6) inches prior to compaction; and shall have a moisture content not less than three
(3) percent below optimum moisture content for the material used, and not more than three (3)
percent above the optimum. Compacted density of the soil shall be equal to or greater than 95%
of standard proctor density. The top six inches of topsoil shall be stockpiled and used as a finish
topping for the embankments so that seeding can be done. If sand lenses or layers are
encountered at the finish grade, the lenses or layers shall be excavated a minimum of 12 inches
below finish grade and backfilled with approved material.
9. SITE GRADING
Upon completion of the excavation and construction of the compacted embankments, the
entire work area shall be graded to smooth uniform slopes. Embankments shall be graded and
shaped to the sections shown on the drawings. Waste areas shall be broken down and rough
graded, presenting no obstructions to natural drainage.
10. SUBGRADE TREATMENT
The subgrade shall be brought to lines, grades and sections shown on the plans as herein-
after described. All soft and yielding material and other portions of the subgrade which will not
compact readily when rolled or tamped, shall be removed and all loose rock or boulders found in
the earth excavation shall be removed or broken off to a depth of not Jess than six (6) inches
below the surface of the subgrade. All holes or depressions made by the removal of this material
shall be filled with approved material and the whole subgrade brought to line and grade and
compacted. If the surface of an old stone, gravel or bituminous roadbed conforms approximately
to the surface of the finished subgrade, where reconstruction of the base course is not provided
for, it shall be scarified to a uniform depth and for the full width of the subgrade surface, to a
depth sufficient to eliminate all depressions and to permit uniform reshaping. Minimum depth of
scarification shall be six (6) inches.
Compaction density of the soil shall be equal to or greater than 95 percent of standard
proctor density. The entire subgrade shall be thoroughly compacted by rolling with sheepsfoot
rollers or tandem power rollers. Any portion of the subgrade that is not accessible to a roller shall
be compacted thoroughly with hand tampers. The rolling and tamping operations shall include
Revised 3-9-2015 DRS 72
SECTION 102 -EXCAVATION AND EMBANKMENT
adequate handling to prevent ridges or depressions in the finished subgrade.
The moisture content of the soil at the time of compaction shall not be lower than three (3)
percentage points below the optimum moisture content nor higher than three (3) percentage
points above the optimum moisture content of the soil involved. When sufficient moisture does
not exist in the soil or earth material to provide thorough bonding under rolling, a sufficient
amount of water shall be added to the soil before it is rolled or tamped to insure thorough
bonding during the compacting process. Areas outside the limits of the roadway curb and gutter
and driveway entrances shall be Type B MR-90 compaction per KDOT section 205.
Upon approval by the owner of the appropriate compaction density and moisture content
tests, the Contractor must place the pavement within five (5) calendar days. If the pavement is
not placed within five (5) calendar days, additional compaction and moisture tests will be
required.
11 . CLASSIFICATION
Unless otherwise specified in the Contract Documents, all excavation shall be unclassified
and shall include any and all materials encountered during construction. The Contractor shall
obtain additional information to satisfy himself that his proposal includes all costs which may be
incurred in the excavation required for the project.
12. TESTING
The Contractor shall, at his own expense, employ a firm qualified to make soil compaction
tests and furnish the Engineer a certified copy of all tests made on city improvement projects.
These tests shall be taken at all areas where compaction is required.
The Engineer shall determine the location and number of compaction tests that shall be
required.
Revised 3-9-2015 DRS 73
SECTION 102 -EXCAVATION AND EMBANKMENT
Revised 3-9-2015 DRS 74
SECTION 104-MOBILIZATION
I. GENERAL
This item shall include, but not be limited to, preparatory work and operations to move
personnel, equipment, supplies and incidentals to the project site; for establishment of all offices,
building and other facilities necessary to work on the project and for all other work and
operations that must be performed or costs incurred prior to beginning work on the project.
2. MEASUREMENT AND PAYMENT
Payment for this work shall be made at the contract lump sum price for "Mobilization"
according to the following table.
Mobilization Partial Payments
Percent of Original Pa•' Lesser of the Two
Contract Amount % of Mobilization % of Original Contract Amount
Completed
5 25 2.5
10 50 5.0
25 60 7.5
50 100 10.0
Accepted 100 NA
The Percent of Original Contract Amount Completed = the amount earned by the
Contractor· divided by the total dollar value of the original contract (all bid items).
0Do not include monies earned for "Mobilization," "Traffic Control (Lump Sum,)" "Contractor Construction Staking" and
"Stored Materials."
Revised 2-23-2015 DRS 75
SECTION 104-MOBILIZATION
Revised 2-23-2015 DRS 76
SECTION 105 -REINFORCING STEEL
1. GENERAL
This work shall consist of furnishing and placing Billet Steel Bars for concrete reinforcement
in accordance with the latest version of Section 711 of the Kansas Department of Transportation
Standard Specifications or as stated herein.
2. BILLET STEEL BARS
Billet Steel Bars shall conform to the requirements of the ASTM Designation A615 Grade
60. The size of reinforcing bar shall be specified in the Drawings or Standard Specifications.
3. CERTIFICATION AND IDENTIFICATION
A. Certification. One copy of a certified rnill test report shall be furnished to the City for
each lot of billet steel reinforcement bars proposed for use on this project. The mill test report
shall show the following information:
1. The process or processes used in the manufacture of the steel from which the bars
were rolled.
2. Identification of the heat of open-hearth, basic oxygen, or electric furnace or the lot
of acid bessemer steel from which the bars are rolled.
3. Chemical and physical properties of the heat from which the bars were rolled.
B. Identification. The bars in each lot shall be legibly tagged by the manufacturer or
fabricator. The tag shall show the manufacturer's test number and lot number or other
designation that will identify the material with the certificate issued for that lot of steel.
There shall be no evidence of piping or visual flaw on the sheared ends of the bars.
4. PLACING, SUPPORTING, AND FASTENING
The reinforcement shall be held securely in place at the proper position and spacing as
indicated on the Drawings by the use of pins, bar chairs wire ties, and/or other approved devices or
methods. Reinforcing bars shall be securely fastened together. Reinforcement placed in any
member shall be inspected and approved by the Engineer before any concrete is placed. Laying or
driving bars into the concrete after placement will not be permitted. The use of small stones or
concrete or wood blocks for supporting reinforcement will not be permitted.
5. MEASUREMENT AND PAYMENT
No direct payment shall be made as this work shall be considered subsidiary to other bid
items.
Revised 2-25-2015 DRS 77
SECTION 105 -REINFORCING STEEL
Revised 2-25-2015 DRS 78
SECTION 120 -TRAFFIC CONTROL
1. GENERAL
Work under this section shall meet the requirements of the latest version of Section 805
of the Kansas Department of Transportation Standard Specifications or as herein.
2. TRAFFIC CONTROL PLAN
A traffic control plan of streets being affected by this work must be submitted to the City
Engineer to help coordinated in the least practicable delay and inconvenience to traffic. Unless
otherwise directed, all roads shall have one lane of traffic open in each direction at all times.
A flyer or handout must be given to any property being affected by any work (24) hours
prior to construction.
3. HANDLING OF TRAFFIC
If traffic signals need to be temporarily changed for the project, the Contractor needs to
contact the City of Salina (24) hours prior to construction and notify them when completed. The
Engineer may shut down all or part of the work to handle traffic safely during periods of inclement
weather or heavy traffic. The Contractor is not entitled to additional monetary compensation for
these temporary suspensions.
4. TRAFFIC CONTROL DEVICES
The Contractor's subletting of traffic control devices does not reduce the Contractor's
responsibility or liability to the public and workers for failing to provide, erect or maintain these
devices. A subcontractor's delay in providing acceptable traffic control devices or a
subcontractor's delay in repairing or replacing unacceptable devices does not excuse the
Contactor's obligation to perform this work timely.
Sufficient flagmen, warning signs and barricades shall be provided by the Contractor to
properly control traffic and to prevent traffic from traveling in the fresh materials. Barricades and
barricading, signs and other warning devices will be in accordance with the Federal Highway
Administration "Manual on Uniform Traffic Control Devices" provisions for "Traffic Controls
for Street and Highway Construction and Maintenance Operations." Inspect traffic control
devices frequently during the day, and when needed, at night. Immediately upon discovering or
receiving notification of unacceptable traffic control devices, either repair or remove and replace
the unacceptable devices. The Engineer holds the right to change or remove traffic control
devices as needed to suit the needs of the project.
6. MEASUREMENT AND PAYMENT
Payment for tills work will be considered subsidiary to the project or stated in the contract
documents at the contract lump sum price for "Traffic Control."
Revised 10-20-2022 KRJ 79
SECTION 120 -TRAFFIC CONTROL
Revised I 0-20-2022 KRJ 80
SECTION 202 -CONCRETE
1. GENERAL
On Grade Concrete (pavement, curb and gutter, sidewalk, etc.) shall comply with all
composition, quality, product control and handling (stockpile) requirements of the latest version
of Sections 401 and 403 of the Kansas Department of Transportation (KDOT) Standard
Specifications and as amended herein.
The mix design shall be per KDOT Standard Specifications Table 403-1: Air-Entrained
Concrete for Pavement. Mix shall contain a minimum of 517 pounds of cementitious material for
on grade concrete per Table 401-1 with supplementary cementitious material proportions per Table
401-4 to waive ASTM C 1567 testing and 6% design air content ( +/-1.5% ). Also per Table 403-1,
water to cement ratio shall be less than or equal to 0.45 with associated permeability and resistivity
requirements listed in the table. Design mix shall meet a minimum 4000 psi compressive strength
at 28 days and be approved by the Engineer prior to construction.
2. AGGREGATES
Coarse aggregate shall be CPA-I, 3 or 4 from a KDOT pre-qualified freeze/thaw resistant
source per the latest version of Section 1116 of the Standard Specifications. Fine aggregate shall
be type FA-A from a KDOT pre-qualified non-reactive siliceous source per the latest version of
Section 1116 of the Standard Specifications.
Mixed aggregate shall comply with Table I I 16-2 of the latest version of Section 1116 of
the KDOT Standard Specifications types MA-3, 4, 5 or 7 optimized for all concrete usage.
3. ALLOWABLE SLUMP
Slump shall range between 1 and 4 inches with a maximum of 4.75 inches.
4. PLACEMENT LIMITATIONS
Refer to the latest version of Section 40 I of the KDOT Standard Specifications for concrete
batching, mixing and delivery. Per KDOT section 401.8b.(2), " ... Submit a cold weather concrete
plan to the Engineer prior to placing concrete in cold weather."
5. CURING CONCRETE
Liquid membrane forming compounds furnished under this specification shall conform to
the latest revision of the KDOT Standard Specifications Section 1404 Liquid Membrane Forming
Compounds.
Curing membrane shall be applied while the surface of the concrete is still moist, but no free
water remains; and shall be applied to the exposed surfaces including the sides of the pavement at
the rate of not less than I gallon per 150 square feet. The spray equipment shall be capable of
supplying a constant pressure to provide uniform and adequate coverage of the curing membrane
compound at the rates required. If curing membrane is damaged, such as by rainfall soon after its
application, the Contractor shall immediately apply another application of curing membrane to the
surface of the pavement. The rate of application for the replacement membrane shall be the same as
for the original membrane.
Revised 2-11-2021 DRS 81
SECTION 202 -CONCRETE
6. CONCRETE PANEL REP AIR
It is the responsibility of the contractor to repair any spalled, cracked or broken panels at
no cost to the City. Removal and replacement of entire or partial sidewalk or pavement panels may
be required; but will be avoided whenever possible. In general; the structural integrity of the
pavement, as originally cast and placed, is superior to that of a replacement panel. Final
determination of what corrective action is deemed necessary will be on a case by case basis, but
will for the most part follow these basic guidelines:
(1) Repair of Spalls
• For spalls greater than 1/4 inch and less than or equal to 1/2 inch from the edge of the
original sawed joint; repair with hot pour sealant.
• For spalls greater than 112 inch and less than or equal to 1 inch from the edge of the original
sawed joint; blast clean and repair with epoxy patch material.
• For spalls greater than I inch from the edge of the original sawed joint; repair by making a
saw cut a minimum of I inch outside the spalled area to a minimum depth of2 inches. Chip
out the concrete between saw cuts to solid concrete (2 inch minimum). Thoroughly clean
all loose material from the cavity. Apply a coat of an approved concrete bonding epoxy to
the dry, cleaned surface of all sides of the cavity, except the joint. Apply the epoxy by
scrubbing the material into the surface with a stiff brush. Place Portland cement concrete,
epoxy resin concrete or non-shrink grout immediately following epoxy application
according to the manufacturer's recommendations. If the spalled area to be patched abuts
a working joint; use an insert or other bond breaking medium during the repair work to
maintain working joints.
(2) Repair of Cracked/Broken Panels
• When a single transverse hairline crack extends across the entire roadway within 113 panel
length of a sawed joint:
a. If nearest sawed joint is working as a contraction joint; crack will be epoxied.
b. If nearest sawed joint is not working as a contraction joint; crack will be sawed and
sealed as it has now become the contraction joint. Planned contraction joint should then
be epoxied.
• When a single transverse hairline crack falls within the middle 1/3 of a pavement panel; no
corrective work will be required.
• When a single longitudinal hairline crack falls within a panel; no corrective work will be
required.
• When a single diagonal hairline crack falls within a panel; crack will be repaired with
epoxy.
• Any panel with more than l crack dividing the panel into 3 or more distinct sections will
be removed and replaced.
• Any transverse, longitudinal, or diagonal crack that appears to have opened wider than I /8
inch shall be considered individually. This could indicate panel movement vertically.
All replacement panels will be reinforced the same as original panels. All joints of repaired or
replaced panels will be properly sealed. Epoxy repairs will use Unitex Pro-Poxy 200 or an
Revised 2-11-2021 DRS 82
SECTION 202 -CONCRETE
approved equivalent. Final approved corrective actions will be determined by the Engineer.
Revised 2-11-2021 DRS 83
SECTION 202 -CONCRETE
Revised 2-11-2021 DRS 84
SECTION 205 -CONCRETE PAVEMENT
1. GENERAL
This item shall consist of a single course of non-reinforced dowel jointed (NRDJ) (AE) or
welded wire reinforcement (WWR) portland cement concrete pavement conforming to the details
shown on the plans, constructed on a prepared subgrade in accordance with the latest version of
Section 50 I of the Kansas Department of Transportation Standard Specifications or otherwise
noted.
2. PLACING, JOINTING, TEXTURING, AND SEALING CONCRETE
Refer to the latest version of Section 501 of the Kansas Department of Transportation
Standard Specifications.
3. WELDED WIRE REINFORCEMENT {WWR)
Unless otherwise specified, the WWR shall be 6x6-W4xW4 weighing 58 pounds per
hundred (100) square foot and shall conform to the latest ASTM A1064 requirements for
"Standard Specification for Carbon-Steel Wire and Welded Wire Reinforcement, Plain and
Deformed, for Concrete."
4. PLACING REINFORCEMENT
All pavement reinforcement shall be placed as shown on the plans. All marginal bars, dowel
bars, and tie bars required by the plans shall be held in proper position by sufficient approved
chairs, metal bar supports or pins.
All concrete pavement patches fifteen feet by sixteen and one half feet ( 15' x 16.5') or smaller
shall be doweled at the transverse joints and jointed to split the section. Wire mesh shall be placed
as near as possible to the center of the slab depth (+/-Yi inch). Laps in adjacent sheets or mats of
reinforcement shall be as shown on the plans. Laps parallel to the center line of the pavement will
not be permitted except for unusual widths of pavement lanes or for irregular areas. If the plans do
not show dimensions for laps, the minimum lap either perpendicular or parallel to the center line of
the pavement shall be twelve (12) inches. The adjacent sheets shall be fastened or tied together to
hold all parts of the sheets in the same plane.
5. FINISHING
After the concrete has been spread and struck off, it shall be further struck off and
consolidated by use of an approved finishing machine or vibrating screed to such an elevation that
when finishing operations are completed, the surface will conform to the required grade and
crown. The finishing machine shall be operated over the entire surface at least twice. A uniform
roll or ridge of concrete at least two (2) inches above the pavement grade shall be maintained
ahead of the finishing machine or vibrating screed for its entire length during its initial pass.
Excessive tamping or finishing resulting in bringing an excess of mortar to the surface will not be
permitted. Final finishing shall consist of eliminating tool marks, edging, and applying the final
surface texture. Final surface texture shall be transverse broom or longitudinal wet burlap drag
finish. This final finish shall not be applied until the entire surface has been straight-edged, using a
ten ( l 0) foot straight-edge, and any irregularities corrected.
Since surface texture is critical to this application and is difficult to quantify, the contractor
shall construct a test section for approval by the Inspector. The test section shall be placed in one of
Revised 1-28-19 DRS 85
SECTION 205 -CONCRETE PAVEMENT
the areas for permanent improvements designated in the plans in the event that the section passes
inspection. If the test section fails to achieve the Inspector's approval, the test section shall be
removed and replaced at the contractor's expense. The approved test section shall serve as the
standard against which all other like improvements on the project are accepted or not accepted.
Failure to gain acceptance of the test section prior to constructing additional improvements shall be
the sole responsibility of the contractor.
6. CURING
Curing shall conform to Section 202, "Concrete."
7. Concrete Pavement Smoothness
The smoothness of the pavement surface shall be in accordance with KDOT Standard
Specification section 503 and shall be corrected to achieve an average profile index of better than
65. Pavement smoothness shall be measured following completion of pavement construction for
any project greater than 0.1 mile. All bumps shall be corrected per Table 503-1 note 2 for all
pavement areas and even those less than 0.1 mile. No extra payment shall be made for an average
profile index better than 30. Pavement smoothness shall not be paid for directly but shall be
subsidiary to Concrete Pavement.
8. INSPECTION AND TESTING
The Contractor shall provide a Quality Control (QC) plan for approval by the Engineer
prior to construction and provide qualified personnel and equipment to conduct QC testing at his
own expense. At a minimum, values for percent air, slump, unit weight, and gradation must be
provided to the City of Salina following the frequency chart provided below. QC tests can
include aggregate gradation, slump, air content, unit weight/yield, compressive strength, flexural
strength, material passing #200, percent moisture in aggregate, temperature and density of fresh
concrete. If the test results from the concrete for slump, air content, and temperature conform to
the specification requirements, acceptance cylinders are molded and cured for 28 days to verify
compressive strength requirements have been met. All samples and tests shall comply with the
test methods according to Standard Specifications Division 2500.
9. TESTING FREQUENCY
Test Sampling Location QC Testing by Contractor
Aggregate gradation Feed bins One test per 1000 tons
Slump, Air content, Truck One per 300 yd3 or minimum
Temperature, Unit weight of one per day
Thickness Roadway (coring) Contractor's discretion or for
verification
Revised 1-28-19 DRS 86
SECTION 205 -CONCRETE PAVEMENT
Compressive strength Roadway (coring) Contractor's discretion or for
verification
Profilograph Roadway Per KDOT Section 503 for
sections greater than 0.1 mile
10. MEASUREMENT AND PAYMENT
Payment shall be made on the amount of completed and accepted work measured in-place at
the contract unit price bid for "Concrete Pavement" of the specified thickness, type and smoothness.
Revised 1-28-19 DRS 87
SECTION 205 -CONCRETE PAVEMENT
Revised 1-28-19 DRS 88
Republic and
Funston/Sheridan
Crawford St
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SHERIDAN FUNSTON DA'TE I RE\'lSIONS WA TE~ VALVES {XJ}-Rings I& Lids Provided By Others CITY OF SAUNA, JOO W ASH, SAUNA, KANSAS PUBUC WORKS -ENGINEERING -ununcs MAJOR CONCRETE PROJECT WEST REPUBLIC ~e 1..-.e I 22017 I Nov 2022 I D-2 IUJW£' ..,,,.,,,.~~ jft ....
DATE ~ .... ..... Oct 2022 "'• 0-3
DAll: R£\1SIONS Existing Curb & Gutter ~ Sawcut joints in concrete patches Sawcut Full depth adjacent to existing pavement joints . ,, (Typical) \ -- - - - -/ Drill & Grout #4 x 18 Drill & Grout #4 x /18" Tie-bars at 1211 c/c {Typical) # - - ---'. ,-Tie-bars at 12" c/c Existing I concrete Y-pavemekl t Existing jpavemen t joint (Typical) i_i __ \ I z ?I 6X6 -2.9X2.9 Welded Wire Mesh 6X6 -2.9X2.9 Welded mre Mesh ill i"''-Existing pavement joint. I "') J_ ____ _ D=Depth of Exist. Pavement Local Streets, D=6" Collector Streets, D=8" # ~ Panel minimum {not applicable on streets that will be overlaid) * Not applicable on streets that wJ/I be overlaid CONCRETE PATCHING DETAILS CITY OF SAUNA, JOO WASH, SAUNA, KANSAS PU8UC lltYi'KS -ENGINEERING -UT/UT/ES MAJOR CONCRETE PROJECT CONCRElE PATCH RESIDENTIAL -DETAIL 1 -· I ... , , .... 22xxx Oct 2022 D-4 1U1M1r _,..,,, a...e. """""'*" jar -.
Main St . -·· 4" ... --.···.·~~-:-... -. 4 It CC> • ..•. • .. . .. ·• Smooth Dowell Bors #4 x 4'-0" Spaced at 2'-6" c/c Side St TYPICAL EXPAN. JT. PLAN Scale: N. T. S. R=1!./' 1" Exp. Jt . • ~ 1 " EXPANSION JOINT DETAIL Scale: N. T. S. ~ 1" Expansion .. ... .. Jt. {TYP.) 1" Expansion Jt. {TYP.) .•·. '•4 . ~ .. • DA1t: RE\1SIONS OTY OF SAUNA, JOO W ASH, SALINA. KANSAS PUBUC WORKS -ENGINEERING -ununES MAJOR CONCRETE PROJECT EXPANSION JOINT DETAIL 3 .. ., _, I I -~· LWL I D-5 ~ ~ ....... a-.,,......, in. .. 22017 I ,.,_, "~""
\ %n± R=14" ~I _k. .I ~ f ~ +i ~ c::i 11 1 ~n-~n SAW CUT CONTRACTION JOINT DETAIL Scale: N. T. S. I I Make the initial %" saw cut D/J ± 14" depth; the second %" saw cut is a separate operation after concrete has gained sufficient strength to avoid spa/ling as determined by the Engineer. ~All sawed joints on this project shall be filled in accordance with the Standard Specifications. DATE RE\1SIONS OTY OF SAUNA. JOO WASH, SALINA, KANSAS PUBUC llO'?KS -ENGINEERING -ununEs MAJOR CONCRETE PROJECT SAW-CUT CONSlRUCllON JOINT -DETAIL 4 --, .. ~ . --=r .... 22011 act 2022 D-6 l'IDIMllC 1#17...,.""--',....., Ire•