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Project No. 23011 2023 Sidewalk Ramps Manual cityof Salina KANSAS DEPARTMENT OF PUBLIC WORKS PROJECT MANUAL PROJECT NO. 23011 2023 SIDEWALK RAMPS DECEMBER- 2023 City of Sauna KANSAS DEPARTMENT OF PUBLIC WORKS PROJECT MANUAL PROJECT NO. 23011 2023 SIDEWALK RAMPS DECEMBER-2023 City of '4"411111C111114.' Salina KANSAS PROJECT NO. 23011 2023 Sidewalk Ramps Michael L. Hoppock,Mayor * * * * COMMISSIONERS Trent W.Davis,M.D. Greg Lenkiewicz Bill Longbine Karl F. Ryan Engineer's Seal * * * * 00111,1111111N� Michael D. Schrage, City Manager .```�RAYS4/+0,4:4 s •-:48 Nikki Goding, City Clerk k ` Z. 1 35 Daniel R. Stack,P.E., City Engineer 1/733% of t f f Z3 i W �a ANSP°'.' * * * * `.• -' �!' DECEMBER— 2023 TABLE OF CONTENTS REQUEST FOR BIDS 7 INSTRUCTIONS TO BIDDERS 9 BID FORM 13 CONTRACT 17 PERFORMANCE BOND 23 STATUTORY PAYMENT BOND 27 NOTICE OF AWARD 29 NOTICE TO PROCEED 31 CERTIFICATE OF SUBSTANTIAL COMPLETION 33 CERTIFICATE OF FINAL COMPLETION 35 GENERAL CLAUSES TABLE OF CONTENTS 37 GENERAL CLAUSES 41 INSURANCE REQUIREMENTS 61 SPECIFICATIONS SECTION 1 —GENERAL 63 SECTION 50—JOB SPECIAL PROVISIONS 65 SECTION 102—EXCAVATION AND EMBANKMENT 67 SECTION 103 —CONCRETE SIDEWALKS 71 SECTION 104—MOBILIZATION 75 SECTION 105 —REINFORCING STEEL 77 SECTION 120—TRAFFIC CONTROL 79 SECTION 202—CONCRETE 81 Revised 1-2-15 5 TABLE OF CONTENTS SECTION 204—CONCRETE CURB &GUTTER 85 SECTION 205 —CONCRETE PAVEMENT 87 SECTION 402—FINISH GRADING AND SEEDING 91 DRAWINGS 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, November 16, 2023, at which time the bids will be opened publicly and read aloud. 2023 SIDEWALK RAMPS PROJECT NO. 23011 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$22.00, 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 Cityof Salina, Kansas, reserves the right to anyor all proposals and to waive g reject p p any irregularities therein. THE CITY OF SAUNA, KANSAS /s/Nikki Goding CITY CLERK Revised 3-22-16 WEN 7 REQUEST FOR BIDS Revised 3-22-16 WEN 8 INSTRUCTIONS TO BIDDERS 1. 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 unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 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 gu every respect p t 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 has 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 facsimile, 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: 2023 SIDEWALK RAMPS Project: No.: 23011 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 1 Remove Sidewalk 2,232.6 SF $ 2.60 $6 f5 1. 66 2 Remove Curb and Gutter 732 FT $ /0 OD $ 7320. 00 3 Sidewalk Construction(4" 918.6 SF $ $ Thickness) , .6o $505-z. 30 Sidewalk Construction (5" 4 Thickness) 189 SF $ op $ 1 134 .00 5 Type 1 Ramp 258 SF $ f �. 60 $ L1773. 00 6 Type 2 Ramp 574 SF $ Ig 60 $ /O if) I 7 Type 3 Ramp 949 SF $f ' 6d $ /j 64! o 8 Mobilization 1 LS $1000 $ fqcco oD 9 Traffic Control 1 LS $Q',W $ 10 Miscellaneous Curb 332 FT $35 $ I1 o7Z0 11 Curb and Gutter Combined 732 FT $3o 0D $ Z1j C/(0O. 12 Seeding 1 LS $ teicoa $ 45C000 Total $ //4 tda:50 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. Revised 1-2-15 14 BID FORM 5. Time of Completion. Bidder agrees that the Work will be substantially completed by AUGUST 31, 2024, and will be completed and ready for final payment in accordance with the General Clauses by SEPTEMBER 30, 2024. 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) Individual/Sole Proprietorship Partnership ❑ Kansas Corporation Kansas Limited Liability Company n Corporation* n Limited Liability Company* n Other: *Please indicate the state in which entity is organized NAME OF BIDDER: I DOM3ytkOx5 (0151W oI. f is . ADDRESS: PD L'BOX 66`4° tobio5s_e_ U76 -I E-MAIL ADDRESS: Mr/ /,_a s _mill/_, w 1(n�i, 'w/,,,,,I ��//��,A� BY: ' ' MiChad IY4) GU'L \ , c� TITLE: )j DATE SUBMITTED: �t ((p fin 3 Revised 1-2-15 15 BID FORM Revised 1-2-15 16 CONTRACT BETWEEN THE CITY OF SALINA, KANSAS and MORGAN BROTHERS CONSTRCUTION INC for CONSTRUCTION OF PUBLIC IMPROVEMENTS This Contract is entered intoDecentbCr le,2023 by and between the City of Salina, Kansas, (the"City")and Morgan Brothers Construction, Inc.a Kansas for profit corporation(the"Contractor"). Recitals A. The City desires to contract for the construction of public improvements described as 2023 SIDEWALK RAMPS(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 Bid Form Performance Bond Statutory Payment Bond Specifications Drawings General Clauses Notice to Proceed(to be issued) Certificate of Completion(to be issued) Other: 111 There are no Contract Documents other than those above listed. 3. Responsibilities and Representations of the Parties. 3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents. 3.2. Representations. In order to induce the City to enter into this Contract, the Contractor represents that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the Revised 1/2/15 17 CONTRACT Contract Documents; (b)visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress and performance of the Work;and(c)become aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 4. Schedule and Completion Times. 4.1. Time is of the Essence. All of the time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract. 4.2. Completion Times. The Work will be substantially completed, and completed and ready for fmal 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 fmancial loss if the Work is not completed on or before the date(s)or within the time(s)specified in the Contractor's Bid,plus any extensions thereof allowed in accordance with the General Clauses. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Therefore, for each day that expires after the time specified in the Contractor's Bid for Substantial Completion until the Work is substantially complete as fixed in the certificate of Substantial Completion,and for each day that expires after the time specified in the Bid for completion and readiness for fmal payment until the Work is completed and ready for fmal payment as fixed in the certificate of fmal completion,the Contractor agrees to pay liquidated damages to the City in the amount of$100.00,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 has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Contract. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Contract, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall immediately notify the City's Risk Management Department at(785)309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents,representatives,officers,officials and employees from and against all claims,damages, Revised 1/2/15 18 CONTRACT losses and expenses(including but not limited to attorney fees and court costs)attributable to bodily injury,sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims,damages,losses,and expenses relate to,arise out of,or are alleged to have resulted from the wrongful acts,errors,mistakes,omissions,or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. 9. Voluntary Termination. See General Clauses. 10. Default. See General Clauses. 11. Remedies. See General Clauses. 12. Non-Assi¢nable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Contract shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but if the receipt is not returned within five(5)days,then three(3)days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day,if sent by overnight air courier service. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY OF SALINA,KANSAS MORGAN BROTHERS CONSTRUCTION,INC. City Clerk Morgan Brothers Construction,Inc. Attn: Daniel R. Stack,P.E.,City Engineer PO Box 556 P.O.Box 736 LaCrosse,KS 67548 Salina,KS 67402-0736 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 fmal 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 fmdings 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 fmancial 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 fmancial obligations pursuant to this Contract,the City Revised 1/2/15 19 CONTRACT shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Contract,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Contract are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes,withholding payments,employment-based benefits,deferred compensation 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. See General Clauses. 18. Compliance with Applicable Law.Contractor shall comply with all applicable federal, state,and local law in the performance of this Contract. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code,the Contractor and its subcontractors, if any,agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Contract because of race,sex,religion,age,color,national origin,ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the city's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or suspended,in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Contractor shall be deemed to have breached this Contract and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Contract. (b) The provisions of this section shall not apply to this Contract if the Contractor: (1) Employs fewer than four employees during the term of this Contract;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Contract. All references in this Contract requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. Revised 1/2/15 20 CONTRACT 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Contract reviewed by legal counsel of the Contractor's choice. 23. Applicable Law;Venue. This Contract and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Contract,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Contract shall be interpreted according to its fair meaning,and not in favor of or against any party. 25. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Contract shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Contract has full and legal authority to bind such party to the terms of this Contract,and that the execution and delivery of this Contract have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Contract shall extend to and bind the heirs,executors,administrators,trustees,successors and authorized assigns of the parties hereto. 29. Counterparts. This Contract may be executed in any number of counterparts,each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought. 31. Waiver. No failure or delay by a 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. Revised 1/2/15 21 CONTRACT 36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete,conclusive and final expression of all the conditions of their Contract. No other promises, statements,warranties, agreements or understandings, oral or written, made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF SALINA,KANSAS MORGAN BROTHERS CONSTRUCTION,INC. By: Michael I.Schrage,City Manager Signed By: Al Att=.t: ':eroding, City Clerk Printed Name Al° Ljrikik �..: ,� N`►ch0,6 kfirt Form: Lega Counsel Title .FA , ,'a \.)P Revised 1/2/15 22 3D°cO City of Salina,Kansas PERFORMANCE BOND , 1 r:" . Q: qac "CONTRACTOR" "SURETY" Name Name and Principal Place of Business Morgan Brothers Construction,Inc. West Bend Mutual Insurance Company Address Address PO Box 556 1900 South 18th Avenue City,State,Zip City, State,Zip LaCrosse, KS 67548 West Bend,WI 53095 "CITY": "PERFORMANCE BOND" Bond Number City of Salina 2560159 P.O. Box 736 Salina,KS 67402-0736 Bond Amount $108,616.00 Bond Date(not earlier than Contract date stated below) 12/06/2023 1. The Contractor has, on the _6th_ day of _December , 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: 2023 SIDEWALK RAMPS Project No.23011, (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 damageses 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 has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized to do so, as of this_6th_day of _December , 2023. CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal West Bend Mutual Insurance Company Print ame WcAq a" oc(�c,A Title By: Sig ture (Attach Power of Attorney) rint Name Clayton Basgall Title Attorney-in-Fact (A certified copy of the agent's Power of Attorney must be attached hereto.) • II Revised 1-2-15 26 WEST BEND THE SILVER LINING6 A MUTUAL INSURANCE COMPANY'^ Bond No. 2560159 POWER OF ATTORNEY Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the City of West Bend, Wisconsin does make,constitute and appoint: Clayton Basgall lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds,undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Twenty Million Dollars($20,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December,1999. Appointment ofAttorney-In-Fact. The president or any vice president,or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 17th day of August,2021. Attest 4'11U,5 e• r ii,.h4- J�Ii v+i§4 ° •. .., -u^�--- Christopher .Z( gaitrcoRPORA7 Kevin A.Steiner Secretary SEAL1Chief Executive Officer/President State of Wisconsin • _ County of Washington On the 17th day of August,2021,before me personally came Kevin A.Steiner,to me known being by duly sworn,did depose and say that he resides in the County of Washington,State of Wisconsin;that he is the President of West Bend Mutual Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. ft;r7 fir/,t,p1'Ali+ (,y} Matthew E. Carlton 1.,, A(,Bt,t',;ani Senior Corporate Attorney 1.,A. qac,? Notary Public,Washington Co.,WI My Commission is Permanent The undersigned,duly elected to the office stated below,now the incumbent in West Bend Mutual Insurance Company,a Wisconsin corporation authorized to make this certificate,Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. Signed and sealed at West Bend,Wisconsin this 6th day of December , 2023 poRPORATF cl 'tor• * t! SF.AF. Heather Dunn It3PaNcP. Vic.-President—Chief Financial Officer Notice: Any questions concerning this Power of Attorney may be directed to the Bond Manager at West Bend Mutual Insurance Company. 1900 South 18th Avenue I West Bend,WI 53095 I Phone*(6G8)410-3410 I Fax:(877)674-2663 I www.thesilverlining.com 33'33c City of Salina, Kansas STATUTORY PAYMENT BOND C w 7,s (Pursuant to K.S.A. § 60-1111) • "CONTRACTOR" "SURETY" Name Name and Principal Place of Business Morgan Brothers Construction,Inc. West Bend Mutual Insurance Company Address Address PO Box 556 1900 South 18th Avenue City,State,Zip City,State,Zip La Crosse, KS West Bend,WI 53095 "CITY": "PERFORMANCE BOND" Bond Number City of Salina 2560159 P.O. Box 736 Salina,KS 67402-0736 Bond Amount $108.616.00 Bond Date(not earlier than Contract date stated below) 12/06/2023 KNOW ALL BY THESE PRESENTS: THAT the Contractor and the Suretyare held and firmlybound 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_6th_day of_December , 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: 2023 SIDEWALK RAMPS Project No.23011, (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, c r 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 of this _6th_ day of_December 2023. CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal West Bend Mutual Insurance Company Print Name Nchosl V1,ocrtv - \I? Title By: Sig .t e(Attach Power of Attorney) � Y Print ame Clayton Basgall Title Attorney-in-Fact (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-15 28 WEST BEND THE SILVER LININGS A MUTUAL INSURANCE COMPANY' Bond No. 2560159 POWER OF ATTORNEY Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the City of West Bend, Wisconsin does make,constitute and appoint: Clayton Basgall lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds,undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Twenty Million Dollars($20,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice presidents or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 17th day of August,2021. Attest mb li-"( L t i t:" o�µi'st, i �.17 Christopher C.ZWygart �C °""T ,2 Kevin A.Steiner Secretary . SEAL 'I= Chief Executive Officer/President State of Wisconsin County of Washington On the 17th day of August,2021,before me personally came Kevin A.Steiner,to me known being by duly sworn,did depose and say that he resides in the County of Washington,State of Wisconsin;that he is the President of West Bend Mutual Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. i`r oi& :is Matthew E.Carlton IV Ptlgt.tt'•; = Senior Corporate Attorney r ....s��`�`'s Notary Public,Washington Co.,WI N•••?!'"'4�. wt." My Commission is Permanent The undersigned,duly elected to the office stated below,now the incumbent in West Bend Mutual Insurance Company,a Wisconsin corporation authorized to make this certificate,Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. Signed and sealed at West Bend,Wisconsin this 6th day of December , 2023 . .411 '� , f ..coaPoitnrF . ''`t rim SEAL ; Heather Dunn ° "- Vice President—Chief Financial Officer Notice: Any questions concerning this Power of Attorney may be directed to the Bond Manager at West Bend Mutual Insurance Company. 1900 South 18th Avenue I West Bend,WI 53095 I Pr oro:(608)410-3410 I Fax:(877)674-2663 I www.thesilverlining.com PUBLIC WORKS DEPARTMENT TELEPHONE • (785)309-5725 Jim Teutsch, Director of Public Works FAX (785)309-5713 Daniel Stack, P.E., City Engineer TDD • (785)309-5747 Jim Kowach, P.E., Operations Manager E-MAIL: iim.teutschAsalina.org dan.stack(7a,sal ina.org 300 West Ash • P.O.Box 736 jim.kowach@salina.org Salina,Kansas 67402-0736 Sathla WEBSITE • www.salina-ks.gov December 6, 2023 Morgan Brothers Construction Inc. P.O. Box 556 LaCrosse, KS 67548 RE: Notice of Award for City of Salina Project No. 23011 Dear Morgan Brothers Construction Inc.: The City of Salina has considered your Bid dated 11/16/2023 for the above Project. You are the successful Bidder and are awarded a Contract for 2023 Sidewalk Ramps. The Contract Price of your Contract is One Hundred Eight Thousand, Six Hundred Sixteen dollars and Thirty cents. ($108,616.30). 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. (3)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 Engineering • Streets • Traffic Control ♦ Flood Control ♦Central Garage ♦ Sanitation ♦ Landfill Our Mission is to Build and Maintain a Clean, Safe Community NOTICE OF AWARD 30 DEPARTMENT OF PUBLIC WORKS TELEPHONE • (785)309-5725 Jim Teutsch, Director of Public Works FAX • (785)309-5713 Daniel Stack, P.E., City Engineer TDD • (785)309-5747 Jim Kowach, P.E., Operations Manager E-MAIL: jim.teutsch@salina.org dan.stackna,salina.org 300 West Ash • P.O.Box 736 jim.kowachAsalina.org Salina,Kansas 67402-0736 Salina WEBSITE •www.salina-ks.gov NOTICE TO PROCEED December 27, 2023 Project: Sidewalk Ramps Owner: City of Salina Owner's Contract No.: Contract: Engineer's Project No.: 23011 Morgan Brothers Construction Inc. Contractor: P.O. Box 556 LaCrosse, KS 67548 You are notified that the Contract Times under the above Contract will commence to run on December 27,2023. 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 July 31,2024,and the date of readiness for final payment is September 30, 2024. Please contact our office (785-309-5725) 3 weeks prior to beginning the planned work to schedule a Pre- Construction Meeting that will work with your schedule. CITY OF SALINA, KANSAS Owner Given by: Authorized Signature DAN STACK, P.E. CIVIL ENGINEER Date: December 27, 2023 Copy to Engineer Engineering ♦ Streets ♦Traffic Control • f=lood Control ♦ Central Garage ♦ Sanitation ♦ Landfill Our Mission is to Build and Maintain a Clean, Safe Community NOTICE TO PROCEED 32 CERTIFICATE OF SUBSTANTIAL COMPLETION Date of Issuance: Project: City of Salina Owner: P.O. Box 736 Owner's Contract No.: Salina, KS 67402-0736 Contract: Engineer's Project No.: Contractor: Contractor's Address: This Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete as of the date designated above. A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑ Amended Responsibilities ❑Not Amended Owner's Amended Responsibilities: Revised 2-1-16 33 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 Date of Issuance: Project: City of Salina Owner: P.O. Box 736 Owner's Contract No.: Salina, KS 67402-0736 Contract: Engineer's Project No.: Contractor: Contractor's Address: This Certificate of Substantial Completion applies to: All Work under the Contract Documents: ❑The 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. APPLICATION GC-1 2. DEFINITIONS GC-1 a. Bid GC-1 b. Bidder GC-1 c. Change Order GC-1 d. City GC-2 e. Contract GC-2 f. Contract Documents GC-2 g. Contract Price GC-2 h. Contract Times GC-2 i. Contractor GC-2 j. Drawings GC-2 k. Engineer GC-2 1. Inspector GC-2 m. Milestone GC-2 n. Notice to Proceed GC-2 o. Site GC-2 p. Specifications GC-3 q. Standard Specifications and Test Methods GC-3 r. Substantial Completion GC-3 s. Work GC-3 3. TERMINOLOGY GC-3 a. Day GC-3 b. Defective GC-3 c. Furnish GC-3 d. Install GC-4 e. Perform; Provide GC-4 4. COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED GC-4 5. BONDS GC-4 a. Performance Bond GC-4 b. Statutory Bond GC-4 6. INSURANCE REQUIREMENTS GC-4 7. PATENTED DEVICES AND PROCESSES GC-5 8. WATER, GAS AND ELECTRICITY GC-5 9. PERMITS, LICENSES AND REGULATIONS GC-5 Revised 1-11-18 37 CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS 10. NOTICES GC-5 11. OBSTACLES AND OBSTRUCTIONS GC-5 a. Subsurface Obstructions GC-6 b. Surface Obstructions GC-6 c. Public Utilities GC-6 d. Trees and Shrubs GC-7 e. Sodded and Landscaped Areas GC-7 f. Privately Owned Obstructions GC-7 12. SALVAGED MATERIALS GC-7 13. MATERIALS FURNISHED BY CITY GC-7 14. BARRIERS AND LIGHTS GC-7 15. RESPONSIBILITY FOR PROPERTY DAMAGE GC-7 16. PUBLIC CONVENIENCE GC-8 17. QUALITY OF MATERIALS AND EQUIPMENT GC-8 18. WORKMANSHIP GC-8 19. PRESERVATION OF MONUMENTS AND MARKERS GC-8 20. TEST SAMPLES AND SPECIMENS GC-8 21. SPECIAL CONSTRUCTION METHODS GC-9 22. SHOP AND ERECTION DRAWINGS GC-9 23. REPRESENTATION GC-9 24. COOPERATION GC-9 25. INCIDENTAL WORK GC 10 26. FINAL CLEAN UP GC-10 27. RESPONSIBILITIES OF THE CONTRACTOR GC-10 28. SANITARY CONVENIENCES GC-11 Revised 1-11-18 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 WEATHER GC-12 34. CONTROL AND REGULATION OF WORK GC-12 35. USE OF COMPLETED PORTIONS GC-12 36. VARIATIONS, CHANGES AND MODIFICATIONS GC 12 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT GC-13 38. CITY'S RIGHT TO SUSPEND WORK GC-13 39. CITY'S RIGHT TO TERMINATE CONTRACT GC-13 40. PAYMENTS TO CONTRACTOR GC-14 41. FORCE ACCOUNT GC-15 42. EXTENSION OF CONTRACT TIMES GC-15 43. LIQUIDATED DAMAGES GC-17 44. ALTERNATES GC-17 45. CERTIFICATES OF COMPLETION GC-17 a. Substantial Completion GC-17 b. Final Completion GC-18 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD GC-18 47. MAINTENANCE OF PROJECT SITE GC-19 48. SCHEDULE A - INSURANCE REQUIREMENTS GC-21 Revised 1-11-18 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. Revised 1-11-18 41 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (e) CONTRACT. The written agreement covering the performance of the Work. (f) CONTRACT DOCUMENTS. Those items so designated as the "Contract Documents"in the Contract. (g) CONTRACT PRICE. The moneys payable by the City to the Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Contract. (h) CONTRACT TIMES. The number of days or the dates stated in the Contract Documents to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and(iii) complete the Work so that it is ready for final payment. (i) CONTRACTOR. The individual, partnership, firm, or corporation executing a Contract, acting directly or through lawful agents or employees, and who is primarily liable for the acceptable performance of the Work under Contract and for payment of all legal debts pertaining thereto. (j) DRAWINGS. The working drawings, supplemental drawings,or reproductions of the drawings showing the location,dimensions, and details of the Work to be done. (k) ENGINEER. The City Engineer of the City of Salina, Kansas, or the City Engineer's designated consulting engineer. (1) INSPECTOR. An authorized representative of the Engineer or an authorized representative of the City assigned to inspect the Work performed or materials furnished by the Contractor, or all other duties required for construction of the project as set forth in the Specifications. (m)MILESTONE. A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. (n) NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work on the Contract Documents. (o) SITE. Land or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of the Contractor. (p) SPECIFICATIONS. The directions,provisions,and requirements pertaining to the method and manner of performing the Work,to the kind and type of equipment,or Revised 1-11-18 42 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS to the qualities of materials to be furnished. (q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are hereby made a part of the Contract Documents to the same extent as if fully set forth herein. Reference to such "Standard Specifications" shall be deemed to refer to the latest standard and tentative standards as are in force on the date Bids are received. (r) SUBSTANTIAL COMPLETION. The time at which the Work(or a specified part thereof)has progressed to the point where,in the opinion of the Engineer,the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that it can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to the "Substantial Completion"thereof. (s) WORK. The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the construction project required to be provided under the Contract Documents, and the carrying out of all the duties and obligations imposed by the Contract. 3. TERMINOLOGY. The words and terms discussed below are not defined but, when used in the Contract Documents,have the following indicated meaning: (a) DAY. The word"day"means a calendar day of 24 hours measured from midnight to the next midnight. (b) DEFECTIVE. The word "defective,"when modifying the word"Work,"refers to Work that is unsatisfactory, faulty, or deficient in that it: i. Does not conform to the Contract Documents; ii. Does not meet the requirements of any applicable inspection, reference standard,test, or approval referred to in the Contract Documents; or iii. Has been damaged prior to the Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City in accordance with Section 35). (c) FURNISH. The word"furnish,"when used in connection with services,materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site(or some other specified location)ready for use or installation and in usable or operable condition. Revised 1-11-18 43 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (d) INSTALL. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. (e) PERFORM; PROVIDE. The words "perform" or "provide," when used in connection with services, materials,or equipment, shall mean to furnish and install said services,materials, or equipment complete and ready for intended use. When "furnish," "install," "perform," or"provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. 4. COMMENCEMENT OF CONTRACT 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, Revised 1-11-18 44 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS providing such coverages and meeting such requirements as specified in Schedule A attached hereto. 7. PATENTED DEVICES AND PROCESSES. All fees,royalties, and licenses for any patented invention, device, article, or process used in, upon, or in connection with the construction, erection, or operation of the Work or any part thereof, shall be included in the Contract Price or prices; and the Contractor shall hold the City harmless against any claim or demand for payment of such. 8. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the Work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required arrangements,ascertain the applicable rates,and pay for all such water, gas,and electricity so used, unless a specified exemption is made in the technical Specifications. 9. PERMITS, LICENSES AND REGULATIONS. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances,rules, and regulations bearing on the conduct of the Work as drawn and specified. 10. NOTICES. The Contractor shall give written notice, not less than twenty-four (24) hours before breaking ground for the project, to all persons in charge of any property that may be affected by the Work or related operations. The Contractor shall not hinder or interfere with any persons performing Work as required to care for and protect property from possible damage during construction of the proposed improvements. The Contractor shall notify the Engineer or Inspector prior to beginning, suspending, or resuming operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 11. OBSTACLES AND OBSTRUCTIONS. Natural obstructions and publicly owned existing facilities and improvements encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the Drawings. Care shall be used while excavating,trenching, or performing other Work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at the Contractor's expense. All Work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the City and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. Revised 1-11-18 45 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 11(c)below. (b) SURFACE OBSTRUCTIONS. Sidewalks, curb and gutter, drainage structures, and similar obstructions may be tunneled under if the length of tunnel sections at pipe is not more than eight feet; otherwise the obstruction shall be cut in straight lines parallel to the pipeline, or removed to the nearest construction joint if located within five feet of the centerline of the trench; provided that, in no case shall the joint or line of cut be less than one foot outside the edge of the trench. Surface obstructions removed to permit construction shall be reconstructed as specified for new construction,or if not specified,in accordance with accepted standard practice and to the dimensions,lines,and grades of original construction. Backfill of tunnel sections shall be rammed in place as directed. (c) PUBLIC UTILITIES. Public utility pipelines, poles, cables, conduits, and wires which interfere with construction shall, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible to bypass or work around the facility,the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. The cost of such removal or relocation work shall be borne by the City,provided that the facility to be removed or relocated has been installed at a specific location and specified depth under terms written in the franchise; otherwise all costs shall be borne by the utility company. The City shall notify the utility company in writing of the approximate date on which construction Work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation Work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation Work has not been accomplished prior to construction at the location,the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. Revised 1-11-18 46 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (d) TREES AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without resorting to hand methods of excavation,and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. (e) SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas such as parkings on or adjacent to improved property shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location,the trenches and other disturbed areas shall be carefully hand raked to allow the private property owner to re-seed grass or otherwise maintain the area. (f) PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on public property, such as fences, small buildings, or similar obstructions, will be removed by their respective owners upon notification from the City. Should progress of the Work be unduly delayed through such procedure, the Contractor may remove, relocate, or reconstruct portions of fences at the Contractor's own responsibility and expense, or by separate negotiation with the respective owner. 12. SALVAGED MATERIALS. All salvaged materials not the property of other parties or required for new construction shall remain the property of the City. The Contractor shall handle, transport, and store such salvaged materials at designated points or locations at no additional cost to the City. The Contractor shall be responsible for the care and protection of such materials until delivered to the designated location; and the Contractor shall make good any losses occasioned by damage, theft, or misappropriation while the materials are on the work site or in route to the place of storage. 13. MATERIALS FURNISHED BY CITY. All materials, supplies, or equipment furnished by the City for incorporation in the Work shall be handled and transported by the Contractor at the Contractor's expense from cars, warehouses, or yards where received or stored by the City. The Contractor shall include in the Contract Price or prices all costs in connection with handling, sorting,protecting, and installing all such materials, supplies, or equipment furnished by the City, and shall make good all losses and breakage due to carelessness or negligence while same are in the Contractor's possession. 14. BARRIERS AND LIGHTS. As required to prevent accidents to the general public and to workers,the Contractor shall provide all materials and labor to erect and maintain fences, barriers, barricades, and warning signs;provide and maintain flares, lanterns, and lights. Revised 1-11-18 47 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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. Revised 1-11-18 48 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 Revised 1-11-18 49 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 Revised 1-11-18 50 1 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 Revised 1-11-18 51 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate from or to relax the Specifications without written permission of the Engineer or to delay the Work by failing to inspect or field test any of the Work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress, and will prepare such progress reports as required during construction and at monthly intervals will prepare,and submit to the City,periodic payment estimates based on the amount and value of all Work performed to date by the Contractor. 33. WORK AFFECTED BY WEATHER. The Inspector may order such parts of the Work suspended should the weather or season be such that any part of the Work cannot be done properly and with due regard to durability,finish, or appearance. The Contractor may be required to protect the several parts of exposed Work from damage by the elements or other causes. 34. CONTROL AND REGULATION OF WORK. 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. Revised 1-11-18 52 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS The City reserves the right to make such changes in the Drawings,the Specifications, and other changes in the Contract quantities as may be considered necessary or desirable; provided such changes, alterations, and modifications are affected legally and in accordance with the following procedures. No Work may be performed under any Change Order until all documents have been approved by the Engineer and executed by the contracting parties. After such approval and execution, all Work included shall be subject to the terms, conditions, and provisions of the original Contract Documents, except as otherwise specifically stipulated. In case a satisfactory adjustment in price or other basis cannot be obtained, the Work may be ordered done by force account. 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If,through no fault of the Contractor,the Work be stopped for a period of three months or more under order from any court or other public authority; or if the Engineer fails to issue any estimate for payment within fourteen(14) days after the due date; or if the City fails to pay to the Contractor within ten (10) days after due presentation any sum certified by the Engineer or awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the City and to the Engineer, stop Work or terminate the Contract and recover from the City full payment for all Work properly executed,together with invoice cost of unincorporated materials purchased by the Contractor or on irrevocable order plus the actual cost of handling and storing said materials, provided said handling and storing cost does not exceed five percent (5%) of the invoice cost. 38. CITY'S RIGHT TO SUSPEND WORK. The City may suspend Work on any or all parts of the Work pending settlement of disputes on any point of controversy. The Contractor will not be entitled to any claim for loss or damage by reason of such delay;nor shall the Contractor be entitled to any extension of time for completion of the Contract, except at the City's option. 39. CITY'S RIGHT TO TERMINATE CONTRACT. (a) The occurrence of any one or more of the following events will justify termination for cause: i. The Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment); ii. The Contractors persistent disregard of laws, ordinances, or regulations, or the directions of the Engineer; or iii. The Contractor's violation in any substantial way of any provisions of the Contract Documents. 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: i. Exclude the Contractor from the Site, and take possession of the Work and of all the Contractor's tools, appliances, construction equipment, and machinery at the Site,and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); ii. Incorporate in the Work all materials and equipment stored at the Site or for which the City has paid the Contractor but which are stored elsewhere; and iii. Complete the Work as the City may deem expedient. (c) If the City proceeds as provided in subsection (b) above, the Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs,losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys, and other professionals and all court costs) sustained by the City arising out of or relating to completing the Work, such excess will be paid to the Contractor. If such claims, costs,losses,and damages exceed such unpaid balance,the Contractor shall pay the difference to the City. When exercising any rights or remedies under this 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 fmal 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 i. The Contract Times may be extended by Change Order due to the occurrence of unusually severe weather if the Engineer determines that the following conditions have been satisfied: 1. The weather experienced at the project Site during the Contract period must be found to be unusually severe, as evidenced by weather that is more severe than the adverse weather anticipated at the Site during any given month; and 2. The unusually severe weather must actually cause a delay to the completion of the Work. The delay must be beyond the control and without the fault or negligence of the Contractor. ii. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration(NOAA) or similar data for the project Site and will constitute the baseline for the Engineer's monthly evaluations of the Contractor's entitlement to an extension of the Contract Times under this Section. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities for the duration of the Work. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON FIVE-DAY WORK WEEK* Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec (10) (6) (4) (5) (5) (6) (5) (4) (5) (4) (3) (7) iii. Upon acknowledgment of the Notice to Proceed and continuing throughout the duration of the Contract,the Contractor shall record daily the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical path activities for fifty percent (50%) or more of the Contractor's scheduled work day. On or before the 10th day of each month,the Contractor shall provide the Engineer with written report of its proposed dates of actual adverse weather delay days for prior month. The report shall: (1) list the number of actual adverse weather delay days and include days impacted by actual adverse weather (even if such adverse weather occurred in previous month); (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 10 days,but the Contractor actually scheduled an average of a 6-day work week for that month,the monthly anticipated weather delay would be adjusted by applying the above formula as follows: 10 x(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 fmal 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 fmal 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 fmal 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 limited to all costs of repair or replacement of work of others)will be paid by the Contractor. Where defective Work(and damage to other Work resulting therefrom)has been corrected or removed and replaced under this section, the warranty period hereunder with respect to such Work will be extended for an additional period of two years after such correction or removal and replacement has been satisfactorily completed. The Contractor's obligations under this section are in addition to any other obligation or warranty, and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations or repose. 47. MAINTENANCE OF PROJECT SITE. The Contractor shall be responsible for keeping a neat and orderly job site. Locations for storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover crops necessary for erosion control shall be kept under 12" in height and trimmed away from pavements, curbs, and sidewalks. The Contractor shall perform corrective maintenance promptly upon notification from the Inspector. Revised 1-11-18 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: 1. General Requirements. A. Additional Insured. With the exception of any workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and,with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self- insurance, including any deductible, maintained by, or provided to,the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents,representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Contract, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Contract. D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage Requirements. A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CGOO 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2)years after completion of all work under the Contract. 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 less than the following: • Workers' Compensation(Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee Revised 1-11-18 62 SECTION 1 - GENERAL 1. 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. SPECIFICATIONS 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. In case of discrepancy among contract documents, the governing ranking will be: (a) 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; Juneteenth National Independence 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. Contractor may work in multiple locations as long as progress at individual locations is not compromised. 5. 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. 65 SECTION 50 - JOB SPECIAL PROVISIONS 66 SECTION 102 - EXCAVATION AND EMBANKMENT 1. GENERAL Work under this section consists of excavation for manholes; excavation and back filling for 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. SURFACE 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 67 SECTION 102 - EXCAVATION AND EMBANKMENT 7. STRUCTURE BACKFILL After completion of construction below original ground surface, all forms, 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 less 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. COMPACTED 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 has 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 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. 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 68 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 69 SECTION 102 - EXCAVATION AND EMBANKMENT Revised 3-9-2015 DRS 70 SECTION 103 - CONCRETE SIDEWALKS 1. GENERAL This work shall consist of the construction of concrete sidewalks and sidewalk ramps of the various types in reasonably close conformity with the lines and grades shown on the Drawings in accordance with the latest version of Section 824 of the Kansas Department of Transportation(KDOT) Standard Specifications or as amended herein. 2. EXCAVATION AND EMBANKMENT Excavation shall be made to the required alignment, grade and cross section as shown on the detail drawings. All excavation and embankment shall conform to Section 102, "Excavation and Embankment." 3. THICKNESS AND SLOPE The sidewalk section longitudinal slope shall be constructed true to line and grade as shown on the Drawings or to match the existing land slopes as further described by the Engineer. The sidewalk section cross slope shall not exceed 1/4 inch per foot (1:48) toward the top of the curb, unless modified in the Drawing sections. Sidewalks shall be constructed at the following thicknesses: WIDTH/LOCATION THICKNESS <8FT 4IN 8-10 FT 5 IN DRIVEWAYS 6 IN 4. SUBGRADE TREATMENT Subgrade treatment shall conform to Section 102, "Excavation and Embankment." Tree roots within 4 inches of the sides or bottom of the sidewalk also shall be cut and removed. 5. REINFORCEMENT IN SIDEWALKS All sidewalk sections that are 6 inches in thickness shall be reinforced with welded wire fabric. The wire fabric shall be 6x6—W 1.4xW 1.4 welded wire reinforcement weighing 21 pounds per 100 square feet. It shall be placed in the vertical location shown on the Standard Details. 6. CONCRETE COMPOSITION Concrete used for sidewalks shall conform to Section 202, "Concrete." 7. PLACING CONCRETE Before placing concrete, the subgrade shall be thoroughly moistened. Concrete shall then be deposited between the forms in its full course in one continuous operation. It shall then be thoroughly consolidated by means of vibrating screeds or internal vibrators, after which it shall be struck off and given a broom finish. All edges and expansion joints shall be edged with 1/4 inch radius tool. Placement shall conform to KDOT Standard Specifications Division 400. 8. CONTRACTION JOINTS Contraction joints shall be formed at intervals not to exceed 1.5 times the slab thickness in unit of feet. The contraction joints shall be formed by cutting entirely through the fresh Revised 11-4-2015 DRS 71 SECTION 103 - CONCRETE SIDEWALKS concrete with a trowel. All contraction, construction, and expansion joints shall be rounded with a 1/4 inch radius edging tool except when joints are sawed. 9. EXPANSION JOINTS Expansion joints 1/2 inch thick shall be placed at each side of each driveway, where new work adjoins old sidewalk, or at other rigid structures, and at approximately equal distances, not to exceed 100 feet, elsewhere. Expansion joints in curb walks shall be placed to line with expansion joints in existing curb and gutter. There shall be an expansion joint between sidewalk and the back of existing curb and gutter. Expansion material shall not project above the surface of the finished sidewalk. All expansion joint material shall be Type "B" (non-extruding and resilient). This type of filler shall have relatively little extrusion and a moderate to high amount of recovery after release from compression. The joint filler shall conform to all requirements for Type III material of the Standard Specifications for "Preformed Expansion Joint Fillers for Concrete," AASHTO Designation M213. Expansion material shall be considered incidental to the contract and no separate payment will be made. 10. CURING Curing shall conform to Section 202, "Concrete." 11. WHEELCHAIR ACCESSIBLE RAMPS Wheelchair accessible curb ramps shall match the width of the adjoining sidewalk but must be a minimum width of 4 feet. Maximum desirable slope of ramps shall be 1 inch per foot. The minimum allowable thickness for wheelchair accessible curb ramps shall be 6 inches. Curbs at ramp locations must provide a gradual transition from gutter line to back of curb, not exceeding 1 inch in height or slopes of greater than 1 inch per foot. Side slopes of ramps shall not exceed 1 inch per foot where such side slopes are in the normal path of pedestrians on adjacent portions of sidewalk. If the street curb has not been constructed to receive the sidewalk ramp,the sidewalk constructor shall remove a section of the curb and reconstruct as required. 12. CONCRETE PAVERS Sidewalks constructed with concrete paver brick shall meet the following specifications: 4 inches of Portland Cement Concrete shall be used as a base plus 1 inch of bedding sand for the pavers. Edge restraint must be provided in any case to confine the paved section to the design dimensions. 13. CLEANING AND GRADING When the forms are removed from the sidewalk, the area between the sidewalk and curb and gutter shall be excavated or filled to provide a finished straight line grade between the sidewalk and the curb and gutter. Revised 11-4-2015 DRS 72 SECTION 103 - CONCRETE SIDEWALKS All forms, old lumber, broken concrete, slobbers or other rubble resulting from the Contractor's operation shall be removed from the work site. 14. 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"Sidewalk Construction" of the specified thickness and "TYPE X RAMP,"with"X"representing the designated ramp type. Revised 11-4-2015 DRS 73 SECTION 103 - CONCRETE SIDEWALKS Revised 11-4-2015 DRS 74 SECTION 104 - MOBILIZATION 1. 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 Pay 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). *Do 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 mill 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 this 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 10-20-2022 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 C1567 testing and 6%design air content(+1-1.5%). 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-1, 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 1116-2 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 401 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 1 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 REPAIR 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 1/2 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 1 inch from the edge of the original sawed joint; repair by making a saw cut a minimum of 1 inch outside the spalled area to a minimum depth of 2 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 1/3 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 1 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 1/8 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 204 - CONCRETE CURB & GUTTER 1. GENERAL Concrete curb and gutter shall conform to the shape, dimensions, lines and grade called for by the Drawings in accordance with the latest version of Section 825 of the Kansas Department of Transportation (KDOT) Standard Specifications or as amended herein. Hand vibrators shall be used to consolidate concrete before pulling up to form the back side when curb machines or vibrating forms are not used. 2. STANDARD CURB AND GUTTER The curb and gutter shall be divided into stones and when adjacent to concrete pavement, the stones shall match the pavement joints. Curb shall be tied to the concrete pavement with #4 deformed bars or poured monolithic. When adjacent to asphalt pavement, the stones shall be as near as possible to 5-feet lengths. Joints between stones shall be made by sawing through the curb to a depth of not less than 2-1/2." Return curbs on intersecting streets shall be formed to match existing curbs,using a transition section not less than 3 feet long or as otherwise detailed. 3. EXPANSION JOINTS Preformed expansion joint material for monolithic placement shall be cut to fit the curb and be the same thickness and in the same location as the pavement expansion material. No reinforcement or tie bars in curb shall pass through the joint. Edges of all joints shall be finished with a 1/4 inch radius edger. Preformed joint filler, 3/4" in thickness, shall be placed wherever new work joints existing work; at the ends of all driveways, alley, and street returns where ends meet existing construction; and at intervals of not more than 100 feet for monolithic straight runs. 4. FINISHING Back edge shall be finished with a 1/4 inch radius edger. The concrete curb and gutter shall then be broom finished to the texture extending out onto pavement surface to match finish. A wood float finish shall be provided when adjacent to flexible pavement. Gutter flow line shall be finished to a true uniform grade without ridges or water pockets. 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 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. 5. CURING AND FROST PROTECTION All curing and frost protection methods shall conform to Section 202, "Concrete" of the Standard Specifications for the City of Salina. 6. BACKFILLING Revised 3-4-2015 DRS 85 SECTION 204 - CONCRETE CURB & GUTTER Segregated or "honeycombed" curb concrete shall be grouted before backfilling. The area adjacent to the curb and curb and gutters shall be backfilled with approved material to the top edges of the curbs or gutters or to the elevations shown on the plans. 7. TESTING The Engineer reserves the right to require any testing of materials deemed necessary. Testing concrete samples for percent air, slump,unit weight,and gradation to verify requirements have been met shall be paid for by the City of Salina. 8. MEASUREMENT OF PAYMENT Payment shall be made on the amount of completed and accepted work at the contract unit price bid for"Curb &Gutter Combined"of the specified type. Revised 3-4-2015 DRS 86 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 501 of the Kansas Department of Transportation Standard Specifications or otherwise noted. 2. PLACING,JOINTING, TEXTURING,AND SEALING CONCRE 1'h 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 (+/- 1/2 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(10) 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 87 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 88 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 89 SECTION 205 - CONCRETE PAVEMENT Revised 1-28-19 DRS 90 SECTION 402 — FINISH GRADING AND SEEDING 1. GENERAL Work under this section shall meet the requirements of the latest version of Sections 903 and 904 of the Kansas Department of Transportation (KDOT) Standard Specifications and as herein. 2. FINISH GRADING Finish grading shall consist of cutting, filling, shaping and fine grading work to be done according to the exact lines and elevations indicated on the approved landscaping plans or as directed by the Engineer. The contractor is responsible for the following: A. Completing all finish grading on-site. The top of the subgrade shall be the depth below the finished grade as required for pavements, walks, seeding, plugging, sodding, landscaping, mulches and other site improvements. B. Protecting the finish grade areas and regrading to correct any irregularities caused by hauling materials or by other operations over the finished grade. C. Repairing any soil erosion or other damage resulting from weathering action before final acceptance. D. Finish and fine grade the project area to establish an even and well matched grade over the entire surface. Positive surface drainage shall be assured and there shall be no depressions, subsequent settling or irregularities in the finished grade. Excavated and filled sections and adjacent transition areas shall be smooth, properly compacted and free from irregular surface changes, all lumps of soil shall be pulverized, raked out or removed. The degree of finish grading shall be that ordinarily obtained from either blade, grader or scraper operations. Where finishing cannot be satisfactorily completed with power equipment, hand raked methods shall be used. Unless otherwise indicated,the subgrade shall be evenly sloped to provide drainage away from site improvements or the centerline of medians. Swales shall be cut as shown on the plans, but shall not reduce the thickness of the topsoil specified. Finish grading shall conform to the elevations shown on an approved landscaping plan and the area shall be in a smooth, even condition, free from debris, rocks, and other materials that would be detrimental to the finished grade. Settling of any finish grade shall not be more than 0.1 feet, and if settling is greater, the contractor shall bring the grade to specified elevations. 3. PRIMARY GRASS SEED MIXTURES All grass seeds shall comply with the seed laws and noxious weed laws of the State of Kansas. Seed,which has become wet, moldy or otherwise, damaged in storage or transit will not be acceptable. All grass seed bags must be supplied with all certified grass seed identification tags from the Kansas Department of Agriculture and given to the City. Any substitutions must be Revised 3-13-2015 DRS 91 SECTION 402 - FINISH GRADING AND SEEDING done with the written consent of the Engineer. The grass seeds listed below shall be drilled or if impracticable, broadcast the seed evenly over the entire seed area at the rate recommended by supplier and either raked or harrowed after seed is placed. Unless specified otherwise in the contract documents,the type of grass seed mixture shall be as follows: a. WARM SEASON GRASS SEED MIXTURE Grass Seed Type Planting Depth Lbs per 1000 sqft Purity% Germination% Native Blue Grama '/4 to''A" 1 70 75 Buffalo 1/4"to 'h" 2 95 90 b. COOL SEASON GRASS SEED MIXTURE Grass Seed Type Planting Depth Lbs per 1000 sqft Purity% Germination% Tall Fescue 1/4"to'h" 6 98 85 4. RYEGRASS SEED Ryegrass is to be applied concurrently with the primary seed mixture. This will act as an erosion barrier while the permanent lawn develops plus giving any area an almost "instant" green coverage. Grass Seed Type Planting Depth Lbs per 1000 sqft Purity% Germination% Annual Ryegrass 1/4"to '/z" 3 95 90 5. FERTILIZERS Starter fertilizer shall be used for cool season seeding and shall be an approved commercial brand composed of a "Slow Release Nitrogen" fertilizer in the 1 1V2 1 range, such as 13 20 12. Apply starter fertilizer at a ratio of at least 1 lb Phosphorous per 1000 square feet (sqft),per example below. Do NOT use fertilizers with warm season grass seed mixture. Nitrogen Phosphorous Potassium Rate(lb/1000 sqft) 9 13 7 7.7 The fertilizer shall meet the material requirements for fertilizers covered in the latest version of Section 2108 of the Kansas Department of Transportation Standard Specifications and shall comply with the State of Kansas Fertilizer laws. 6. WATERING Contractor is responsible for keeping grass seed damp during the first 2-3 weeks. Moisture is especially critical for successful grass seed which needs available moisture to germinate. Hydro mulch is an acceptable method of maintaining moisture using the recommended manufactures rates. 7. MULCHING Mulching should follow the latest version of Section 905 of the KDOT Standard Specifications. Revised 3-13-2015 DRS 92 SECTION 402 - FINISH GRADING AND SEEDING Materials acceptable are covered in the latest version of Section 2110 of the KDOT Standard Specifications. 8. COMPLETION TERMS Upon completion of the seeding operations, a final check of the total quantities of materials used in the seeding, fertilizing and mulching operations will be made against the total area seeded. If the minimum rate of applications has not been met or if inspection after the germination period indicates that areas have been missed, the Contractor will be required to reseed and/or apply fertilizer on these areas, designated by the Engineer, at no additional cost to the City. 9. MEASUREMENT AND PAYMENT Payment shall be made for the amount of completed and accepted work measured in-place at the contract unit price bid for "SEEDING" of the specified type. 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