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Project No. 24015 Manual atyor --qtr6116:110 Sauna KANSAS DEPARTMENT OF PUBLIC WORKS PROJECT MANUAL PROJECT NO. 24015 2024 BROADWAY MEDIANS JUNE -2024 cityof "4"i"lit; Salina KANSAS DEPARTMENT OF PUBLIC WORKS PROJECT MANUAL PROJECT NO. 24015 2024 BROADWAY MEDIANS JUNE -2024 City of '4411111111111S Salina KANSAS PROJECT NO. 24015 2024 Broadway Medians Bill Longbine,Mayor 1C K K COMMISSIONERS Trent W.Davis,M.D. Michael L.Hoppock Jerry Ivey II Greg Lenkiewicz Engineer's Seal * X iC OU UUIIi1Q4,/ Michael D.Schrage,City Manager ���o,c Y Nikki Goding,City Clerk _ 2 E 19 3p d Jim Teutsch,Director of Public Works ie. $ If t7 it 1 Nilmtinitioo JUNE-2024 PUBLIC WORKS DEPARTMENT CCtyof Jim Teutsch,Director 300 West Ash,Room 205 Jim.Teutsch@Salina.org P.O.Box 736 Salina,KS 67402-0736 TEL• (785)309-5725 Jim Kowach, P.E., Operations Manager FAX• (785)309-5713Jim.Kowach@Salina.org TDD • (785)309-5747 Satin www.Salina-KS.gov May 7, 2024 Subject: Project No. 24015 2024 Broadway Medians Addendum Number 2 Dear Planholder: The specifications and plans for 24015 in the City of Salina, Kansas, dated March 2024, are hereby amended in the following particulars only; all other terms and conditions remain unchanged. General: On February 26, 2024, the City of Salina suspended bidding on this project due to the discovery of an old concrete road beneath the medians under construction directly north of this project. If it is also present under the medians in this project, the improvements could potentially create a "bathtub" which would hold water that could not drain out. The concrete would also preclude the planting of trees in the median at a later date. Staff chose to issue an entirely new set of bid documents based on the assumption that the concrete base is also beneath the medians of this project. While bidders are responsible for the entirety of the documents, bidders are reminded that the plans, bid form, and section 50 contain the specific information to build this project; the rest of the project manual contains legal documents and standard specifications which apply to all projects. If you have bid a City of Salina project before, you are likely already familiar with the legal documents and standard specifications. Documents distributed with addenda are typically marked as such, i.e., "ADDENDUM 1," "ADDENDUM 2," etc. These are not. The title sheet for this set of documents reads "June 2024." Please disregard any documents without a title sheet that reads "June 2024." This addendum is hereby a part of the contract documents to the same extent as though contained in the original documents and all itemized listings thereof. Provisions in this document supercede similar and/or conflicting provisions in the original bid package. Sincerely, (644- CA-6"— Kent R. Johnson, P.E. Civil Engineer Attachments: Project Manual Engineering a Streets o Traffic Control o Flood Control c Central Garage 4 Sanitation c Landfill Our Mission is to Build and Maintain a Clean, Safe Community PUBLIC WORKS DEPARTMENT Cityof Jim Teutsch,Director 300 West Ash,Room 205 Jim.Teutsch(a,Salina.org P.O.Box 736 Salina,KS 67402-0736 TEL (785)309-5725 Jim Kowach,P.E., Operations Manager FAX• (785)309-5713 • Jim.KowachSalina.org TDD • (785)309-5747 Sa1 www.Salina-KS.gov February 26, 2024 Subject: Project No. 24015 2024 Broadway Medians Addendum Number 1 Dear Planholder: The specifications and plans for project number 24015 Broadway Medians in the City of Salina, Kansas, dated March 2024, are hereby amended in the following particulars only; all other terms and conditions remain unchanged. Bidding is hereby suspended. When bidding resumes, a complete new set of documents will be sent free of charge to all current planholders. My apologies for the inconvenience. Construction of the previous phase of the Broadway medians exposed an old concrete roadbed beneath the medians approximately 5" lower than the adjacent roadway elevation. Other ambiguities in the plans also need addressed. Extensive redesign is required to achieve the desired objective. This addendum is hereby a part of the contract documents to the same extent as though contained in the original documents and all itemized listings thereof. Provisions in this document supercede similar and/or conflicting provisions in the original bid package. Sincerely, 64. Kent R. Johnson, P.E. Civil Engineer Engineering 4 Streets e Traffic Control ©Flood Control ' Central Garage - Sanitation•Landfill Our Mission is to Build and Maintain a Clean, Safe Community 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 69 SECTION 103 —CONCRETE SIDEWALKS 73 SECTION 104—MOBILIZATION 77 SECTION 105 —REINFORCING STEEL 79 SECTION 120—TRAFFIC CONTROL 81 SECTION 202—CONCRE IE 83 Revised 1-2-15 5 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, May 23, 2024, at which time the bids will be opened publicly and read aloud. 2024 BROADWAY MEDIANS PROJECT NO. 24015 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 City of Salina, Kansas, reserves the right to reject any or all proposals and to waive any irregularities therein. THE CITY OF SALINA, KANSAS /s/Nikki Goding CITY CLERK Revised 3-22-16 WEN 7 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 16. All Bids must be regular in every respect and no interlineations, excisions, additions, deletions, alterations or special conditions shall be made on or included with the Bid form. If the Work is divided into two or more parts,the Bidder shall not tie the bids for the various parts of the Work together in any manner. Any Bid not conforming to these requirements will be rejected. 17. No Bid will be accepted from any person or firm who is in arrears to the City of Salina, Kansas upon debt of contract, who is in default as surety or otherwise upon any obligation to the City, who 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 BID FORM TO THE BOARD OF COMMISSIONERS CITY OF SALINA,KANSAS Project Name: 2024 BROADWAY MEDIANS Project:No.: 24015 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. One, ` IJLPy 2. —Two /) q 3. TAinee- fHH 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 Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all unit price bid items will be based on actual quantities, determined as provided in the Contract Documents. 5. Time of Completion. Bidder agrees that the Work will be substantially completed by MAY 31,2025,and will be completed and ready for final payment in accordance with the General Clauses by JUNE 30,2025. 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 n Kansas Limited Liability Company Corporation* Limited Liability Company* Other: *Please indicate the state in which entity is organized NAME OF BIDDER: SIT'0k -ti[, L.L1 ADDRESS: (p95 F , C 41- Ee sat., Ks &7 Lib) E-MAIL ADDRESS: K Iib'D a .S�01U)1168-11 s-�,C_`NM BY: int TITLE: I Yr,Sij DATE SUBMITTED: 5- ' 0 -D9 Revised 1-2-15 15 Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYBOND,T-11 One Hartford Plaza Hartford,Connecticut 06155 Bond.ClaimsAthehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: IRON INSURANCE PARTNERS LLC Agency Code: 37-270512 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of Unlimited : Erin N. Burch, Tara B. Earley, Jennifer Fessenden, Mark A. Skidmore, Brenda R. Smith, Alicia M. Weiland, James D. Wilson of SALINA, Kansas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23,2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. p.rt IIID \{' .` \Pili ri MIM/ ltl torr 1(.`"'":".11.:1 +:'. ;;pp�� :'.•, rr 1: F 9 � p°ep�i danr o arou ry t7• l ✓a T ca a•a a',co r -I!` ,:62G•:l � ^`r.rrat.•1; ♦••M► '" x7;,\ ??. l„ `° 7919 %• �an..co5\� �Mwray.� �f➢'.1�ti • * �naw::�+w"°a /MO. / )? 1///'° 1401-1/61b(Otga Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly sworn,did depose and say:that (s)he resides in Seminole County,State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority. Itl ."J'y•%�'.a{�; Jessica Ciccone %�oc fLOta My Commission HH 122280 Expires June 20.2025 I,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of May 30th, 202 Signed and sealed in Lake Mary,Florida. . flsttr:!rr. t tl 4 4 ..r-"'".•`ti c•.m:, .. 'T *It • r it �errle.rrV: hoar wtrr♦ 3."�r+.ray�os�t �t.000,1 .&- asaa* f ~ \ t \ citt r a -*WO, i s`1970 1D79 to 'g ♦ �:OAa1tC\9\ !Y+A�N ' Y➢'.Al • �•I�U' 7Eru.' 2••R- 1 f? 4/1,261 Keith D.Dozois,Assistant Vice President CONTRACT BETWEEN THE CITY OF SALINA,KANSAS and Smoky Hill, LLC for CONSTRUCTION OF PUBLIC IMPROVEMENTS This Contract is entered intoJ01 P ,2024 by and between the City of Salina,Kansas,(the"City")and Smoky Hill,LLC,a Kansas limited liability company(the"Contractor"). Recitals A. The City desires to contract for the construction of public improvements described as 2024 BROADWAY MEDIANS(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: ❑ There are no Contract Documents other than those above listed. 3. Responsibilities and Representations of the Parties. 3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents. 3.2. Representations. In order to induce the City to enter into this Contract, the Contractor represents that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the Contract Documents; (b)visited the Site and become familiar with and is satisfied as to the general, local, and Site Revised 1/2/15 17 CONTRACT conditions that may affect cost,progress and performance of the Work;and(c)become aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 4. Schedule and Completion Times. 4.1. Time is of the Essence. All of the time limits for Milestones,if any, Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract. 4.2. Completion Times. The Work will be substantially completed,and completed and ready for final payment in accordance with the General Clauses, on or before the date(s) or within the time(s) specified in the Contractor's Bid. 4.3. Liquidated Damages. The parties recognize that the City will suffer financial loss 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 final payment until the Work is completed and ready for final payment as fixed in the certificate of final completion,the Contractor agrees to pay liquidated damages to the City in the amount of$500.00,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, losses and expenses(including but not limited to attorney fees and court costs)attributable to bodily injury,sickness, Revised 1/2/15 18 CONTRACT disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims,damages,losses,and expenses relate to,arise out of,or are alleged to have resulted from the wrongful acts,errors,mistakes, omissions,or defective work or services of the Contractor, its employees,agents,or any tier of subcontractors in the performance of this Contract. 9. Voluntary Termination. See General Clauses. 10. Default. See General Clauses. 11. Remedies. See General Clauses. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Contract shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but 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 CONTRACTOR City Clerk Smoky Hill,LLC Attn: City Engineer 645 E Crawford St.,Suite E8 P.O.Box 736 Salina,KS 67401 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 final payment under this Contract(the"Retention Period");provided,however,that if any litigation,claim or audit is commenced prior to the expiration of the Retention Period,then the Retention Period shall be extended until all litigation,claims or audit findings have been completely terminated or resolved,without right of further appeal. During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to,or arising under,this Contract. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Contract. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws,and operates on a calendar fiscal year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City,it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Contract,the City shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. Revised 1/2/15 19 CONTRACT 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. 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. Revised 1/2/15 20 CONTRACT 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. 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. Revised 1/2/15 21 CONTRACT 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 CONTRACTOR By: Michael D Schrage,City Manager Signed By: fl Attest' ':'ring,City Clerk Printed Name 11 1/ RrISK1(1Form: Legal Counsel / Title Pre.cacyrk Revised 1/2/15 22 ACORO® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT RSC Insurance Brokerage, Inc. PHONE Kelly Ducklow FAX P.O. Box 419013 (A/C.No.Extl:816-842-4800 tac.No):816-472-5018 Kansas City MO 64105 AADDRESS: kelly.ducklow©risk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC INSURER A:Travelers Indemnity Company of America 25666 INSURED SMOKY-2 INSURER B:Travelers Indemnity Company of Connecticut 25682 Smoky , LLC 645 E. Crawford, Suite E8 INSURER c:Travelers Property Casualty Insurance Company 36161 Salina KS 67401 INSURER D:Charter Oak Fire Insurance Company 25615 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1937674430 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y DT-CO-0K651045-TIA-23 11/1/2023 11/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR _PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 810-8L613080-23-26-G 11/1/2023 11/1/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ X HIRED y NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ C X UMBRELLA LIAB X OCCUR Y Y CUP-8L83210A-23-26 11/1/2023 11/1/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$jn flflfl $ D WORKERS COMPENSATION Y UB-0K730349-23-26-G 11/1/2023 11/1/2024 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Salina Broadway Medians,#24015 City of Salina("City"),its agents,representatives,officers,officials,and employees are is included as additional insureds when required by written contract. Waiver of subrogation applies when required by written contract and as allowed by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Salina PO Box 736 AUTHORIZED REPRREE�SEN�TATTIVE Salina KS 67402-0736 �!/f/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE - CLOt, ��s �-13Iair 1. City of Salina,Kansas PERFORMANCE BOND 14215 t ,, "CONTRACTOR" "SURETY" • b :n Name Name and Principal Place of Business Smoky Hill, LLC Hartford Fire Insurance Company Address Address 645 E. Crawford, Ste E8 One Hartford Plaza City, State, Zip City, State, Zip Salina, KS 67401 Hartford, CT 60155 "CITY": "PERFORMANCE BOND" Bond Number City of Salina 37BCSJC6174 P.O. Box 736 Salina,KS 67402-0736 Bond Amount Two Hundred Eighty-Seven Thousand, Six Hundred Fifteen Dollars and 73/00 ($287,615.73) Bond Date(not earlier than Contract date stated below) 1. The Contractor has,on the 5 ` day of juitm ,2024, 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: -Project No. 24015: Broadway Medians (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 t f • 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 i City of Salina,Kansas PERFORMANCE BOND 7.1. The responsibilities of the Contractor for correction of defective or unsuitable work and performance and completion of the Contract; 7.2. Additional legal, design professional, and delay costs incurred by the City as a result of the Contractor's Default, and as a result of the Surety's actions or failures to act under Paragraph 5 above; 7.3. Liquidated damages as specified in the Contract, or, if no liquidated damages are specified in the Contract, actual damages incurred by the City as a result of delayed performance or non-performance of the Contract by the Contractor or the Surety; and 7.4. Payment of all unpaid and due and owing fees or payments owed to the City under the Contract at the time of the Contractor Default. 8. To the extent of payment to the Surety of the Balance of the Contract Price,the Surety shall defend, indemnify, and hold harmless the City from all claims, suits, causes of actions, and demands (including all costs of litigation and reasonable attorneys' fees), which are brought against the City by the Contractor or any other party and which arise from or by reason of payment to the Surety the Balance of the Contract Price. 9. The Surety hereby waives notice of any change or modification to the Contract, including changes of time, or changes to related subcontracts,purchase orders, and other obligations. 10. Any proceeding, suit, or claim, legal or equitable, under this Performance Bond shall be instituted in the Saline County, Kansas District Court and shall be instituted within two years of the date on which the Surety refuses or fails to perform its obligations under this Performance Bond, in accordance with Paragraph 5 above. 11. All notices to the Surety or the Contractor shall be mailed or delivered to the respective addresses shown on the first page. In the event of a change in the address of the Surety or the Contractor, such party shall promptly provide notice to the City and the other party, with such notice to include a reference to the Contract and this Performance Bond. 12. This Performance Bond and its validity, construction, and performance shall be governed by the laws of Kansas. 13. Definitions. As used herein,the following terms shall have the following definitions: 13.1. "Balance of the Contract Price" shall mean the total amount payable by the City to the Contractor under the Contract after all proper adjustments have been made, including change orders and credits due the City, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract and reduced further by all direct costs and expenses incurred by the City as a result of the Contractor Default, including costs of additional supervision or inspection by the City of the Contractor's work under the Contract and fees and expenses paid to consultants or others hired by the City for purposes of monitoring or investigating the Contractor's work under the Contract. Revised 1-2-15 25 City of Salina,Kansas PERFORMANCE BOND 13.2. "Contract" shall mean the agreement between the City and the Contractor identified in Paragraph 1 above, including all related contract documents and changes thereto. 13.3. "Contractor Default" shall mean the failure of the Contractor to perform or otherwise comply with the terms of the Contract. IN TESTIMONY WHEREOF, the Contractor has hereunto set its hand, and the Surety has caused this Payment Bond to be executed in its name, and its co orate seal to be hereunto affixed,by its attorney-in-fact duly authorized to do so, as of this hvNlay of Lozic..?r , 2024. CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal Hartford Fire Insurance Company CYC-7e, Print Name kI r E .Bys1&3R Title By: Signature (Attach Power of Attorney) Pit SPI riuun- Print Name Erin N. Burch Title Power of Attorney (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-15 26 S0 City of Salina, Kansas Z� STATUTORY PAYMENT BOND x� (Pursuant to K.S.A. § 60-1111) ?to U rt„. ,. v r , "CONTRACTOR" "SURETY" Name Name and Principal Place of Business Smoky Hill, LLC Hartford Fire Insurance Company Address Address 645 E. Crawford, Ste E8 One Hartford Plaza City, State,Zip City, State,Zip Salina,KS 67401 Hartford, CT 60155 "CITY": "PERFORMANCE BOND" Bond Number City of Salina 37BCSJC6174 - P.O. Box 736 Salina;KS 67402-0736 - Bond Amount Two Hundred Eighty-Seven Thousand, Six Hundred Fifteen Dollars and 73/00 ($287,615.73) Bond Date(not earlier than Contract date stated below) KNOW ALL BY THESE PRESENTS: THAT the Contractor and the Surety are held and firmly bound unto the State of Kansas in the amount of this Payment Bond, for the payment of which sum, well and truly to be made, said Contractor and Surety bind themselves, their heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the Contractor has, on the 5"day of , 2024, entered into a contract with the City ("Contract"), for the furnishingof all materials'and labor and doingall the ( ) work of whatever kind necessary to construct certain improvements for the City, which are generally described as: Project No. 24015: Broadway Medians (briefly describe project) all in accordance with the detailed plans and specifications for such work on file in the office of the City, and in accordance with the Contract, a copy of which is by reference made a part hereof Revised 1-2-15 27 City of Salina, Kansas STATUTORY PAYMENT BOND (Pursuant to K.S.A. § 60-1111) NOW, THEREFORE, if the Contractor, or the subcontractor or subcontractors of the Contractor, shall pay all indebtedness incurred for labor furnished, materials, equipment or supplies, used or consumed in connection with, or in or about the construction or making of, the above described improvements, including gasoline, lubricating oils, fuel oils, greases, and similar items used or consumed directly in furtherance of such improvement, this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the specifications. PROVIDED FURTHER, the said Surety agrees that any person to whom there is due any sum for labor or materials furnished, as hereinbefore stated, or said person's assigns,may bring an action on this bond for the recovery of the indebtedness; PROVIDED, that no action shall be brought on the bond after six (6) months from the completion of said public improvements. IN TESTIMONY WHEREOF, the Contractor has hereunto set its hand, and the Surety has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized to do so, as of this e' day of 3' ,\\ 2024. CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal Hartford Fire Insurance Company Print Name 16-.Y\ E. RN- \ Title By: Signature (Attach Power of Attorney) 0-i/11 15U-5a-/h Print Name Erin N. Burch Title Power of Attorney (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-15 28 1 Direct Inquiries/Claims to: - THE HARTFORD_ POWER OF ATTORNEY BOND,T-11 One Hartford Plaza Hartford,Connecticut 06155 Bond.Claims(5thehartford.com call:888-266-3488 or fax:860-757-5835 • KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: IRON INSURANCE PARTNERS LLC Agency Code: 37-270512 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of Unlimited : Erin N. Burch, Tara B. Earley, Jennifer Fessenden, Mark A. Skidmore, Brenda R. Smith, Alicia M. Weiland, James D. Wilson of SALINA, Kansas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated_above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required orpermitted in any actions or proceedings allowed by law. - - - - - In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ttI•� fir' I ‘,..4,:m.....,...,,,. orzws. ct u,y 4,00,,,,,,,•=4....\� ' 'P e��•T�. ,r,,,„„ aee..l,.rw}: , ►„,t o..+drfatob :�o w�!^_ a'aNso/ve°"Teo w, ��•ud • _"',.. :42:.,11:,„.... �auu,crf` t•aUM► ,�' `;�r�.11679 1879 . ''g 1 79 0,7 • ' - It -.Near_. �/n',trot d • * 4,'eQga ai,:o.' ”%nab .•�.an ...00 0 I.W4VC) 901116(-Me Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President STATE OF FLORIDA 55. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly sworn,did depose and say:that (s)he resides in Seminole County,State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by(like authority. ,-‘',.;y'kr7-, u9e4Att:_c_e .; Hi • -; -•••-•.••22-•4c- Jessica Ciccone 4 ori�0., My Commission HH 122280 Expires June 20,2025 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that above and foregoin is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of t Q,i A E „��Z.j. Signed and sealed in Lake Mary,Florida. +�" `L"" 1 el" ,� I`. agates 4 MtJB tt ti��, Y�`�°g . ec.*'r•..a �y� Wi s ..--..it �- ti�j ra - o�rW!' r� a,.4 :.ua..l' :St . LOar7, some.fo , p...4,.xy4.11 ',000°°”`',1 = el lige. ,l ' $ _ :! a El` 'wle_ ,, re pl;anru,cn.®., . %IwV 1 st.,S87CI oe X11079 E '8 1979 • r `"bitiatt!"�,• ei(? / ��YA�A�'�d f • :*rl � 40rNo'�� ".tl,. �.. /44 ! Keith D.Dozois,Assistant Vice President PUBLIC WORKS DEPARTMENT TELEPHONE • (785)309-5725 Jim Teutsch,Director of Public Works a tyof FAX • (785)309-5713 Jim Kovach,P.E., Operations Manager TDD • (785)309-5747 E-MAIL:jim.teutsch@salina.org jim.kowach(2 salina.org 300 West Ash • P.O.Box 736 Salina,Kansas 67402-0736 Salina WEBSITE • www.salina-ks.gov June 25, 2024 Smoky Hill,LLC 645 E Crawford St., Suite E8 Salina, KS 67401 RE: Notice of Award for City of Salina Project No. 24015 Dear Smoky Hill,LLC: The City of Salina has considered your Bid dated 5/30/2024 for the above Project. You are the successful Bidder and are awarded a Contract for Broadway Medians. The Contract Price of your Contract is Two Hundred Eighty-Seven Thousand,Six Hundred Fifteen dollars and Seventy-Three cents. ($287,615.73). 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 o Streets * Traffic Control *Flood Control *Central Garage 0 Sanitation*Landfill Our Mission is to Build and Maintain a Clean, Safe Community DEPARTMENT OF PUBLIC WORKSty� TELEPHONE • (785)309-5725 FAX • (785)309-5713 Jim Teutsch, Director of Public Works TDD • (785)309-5747 Jim Kowach,P.E., Operations Manager E-MAIL:jim.teutsch(@,,salina.org jim.kowach@salina.org salina.org 300 West Ash • P.O.Box 736 Salina,Kansas 67402-0736 Salina WEBSITE •www.salina-ks.gov NOTICE TO PROCEED July 10,2024 Project: 2024,Broadway Medians Owner: City of Salina Owner's Contract No.: Contract: Engineer's Project No.: 24015 Smoky Hill, LLC Contractor: 645 E Crawford St., Suite E8 Salina,KS 67401 You are notified that the Contract Times under the above Contract will commence to run on July 10, 2024. 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 May 31,2025,and the date of readiness for final payment is June 30, 2025. 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: 694- Authorized ignature KENT R. JOHNSON,P.E. CIVIL ENGINEER Date: July 10, 2024 Copy to Engineer Engineering 4 Streets *Traffic Control *Flood Control < Central Garage > Sanitation* Landfill Our Mission is to Build and Maintain a Clean, Safe Community 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 n Not Amended Owner's Amended Responsibilities: Revised 2-1-16 33 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: n All Work under the Contract Documents: n 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 CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS 1. APPLICATION 41 2. DEFINITIONS 41 a. Bid 41 b. Bidder 41 c. Change Order 41 d. City 41 e. Contract 42 f. Contract Documents 42 g. Contract Price 42 h. Contract Times 42 i. Contractor 42 j. Drawings 42 k. Engineer 42 1. Inspector 42 m. Milestone 42 n. Notice to Proceed 42 o. Site 42 p. Specifications 43 q. Standard Specifications and Test Methods 43 r. Substantial Completion 43 s. Work 43 3. TERMINOLOGY 43 a. Day 43 b. Defective 43 c. Furnish 43 d. Install 44 e. Perform; Provide 44 4. COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED 44 5. BONDS 44 a. Performance Bond 44 b. Statutory Bond 44 6. INSURANCE REQUIREMENTS 44 7. PATENTED DEVICES AND PROCESSES 45 8. WA TER, GAS AND ELECTRICITY 45 9. PERMITS, LICENSES AND REGULATIONS 45 Revised 1-11-18 37 CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS 29. APPROVAL OF SUBCONTRACTORS 51 30. RESPONSIBILITY OF THE ENGINEER 51 31. INTERPRETATION OF CONTRACT DOCUMENTS 51 32. INSPECTION 51 33. WORK AFFECI'LD BY WEATHER 52 34. CONTROL AND REGULATION OF WORK 52 35. USE OF COMPLE I'LD PORTIONS 52 36. VARIATIONS, CHANGES AND MODIFICATIONS 52 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINAIE CONTRACT 53 38. CITY'S RIGHT TO SUSPEND WORK 53 39. CITY'S RIGHT TO TERMINATE CONTRACT 53 40. PAYMENTS TO CONTRACTOR 54 41. FORCE ACCOUNT 55 42. EXTENSION OF CONTRACT TIMES 55 43. LIQUIDATED DAMAGES 57 44. ALTERNATES 57 45. CERTIFICATES OF COMPLETION 57 a. Substantial Completion 57 b. Final Completion 58 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD 58 47. MAINTENANCE OF PROJECT SITE 59 48. SCHEDULE A -INSURANCE REQUIREMENTS 61 Revised 1-11-18 39 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 to the qualities of materials to be furnished. (q) STANDARD SPECIFICATIONS AND'l'EST 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. 'IERMINOLOGY. 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 141-.18 43 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 (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) PRIVAILLY 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 20. FEST 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 CONS[RUCTION 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 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 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 Revised 1-11-18 51 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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. (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: Revised 1-11-18 53 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 Depat ltuent of Transportation; such price and payment being full compensation for all costs in connection with operation, repair,maintenance, overhead, depreciation, and profit. 42. EXTENSION OF CONTRACT TIMES. (a) DELAYS CAUSED OTHER THAN BY WEATHER. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the City, or of a separate contractor employed by the City; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's reasonable control that the Engineer determines may justify delay, excluding the occurrence of unusually severe weather at the Site, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer may determine, if such adjustment is essential to the Contractor's ability to complete the Work within the Contract Times. Notwithstanding the foregoing, the Contractor acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay: (1) is not cased, could not have been reasonably anticipated and mitigated, by the Contractor; and (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay. If the delay is due to causes beyond the reasonable control of the City, an extension of the Contract Times shall be the Contractor's sole and exclusive remedy for the delay. (b) DELAYS CAUSED BY WEATHER. i. The Contract Times may be extended by Change Order due to the occurrence of unusually severe weather if the Engineer determines that the following conditions have been satisfied: 1. The weather experienced at the project Site during the Contract period must be found to be unusually severe,as evidenced by weather that is more severe Revised 1-11-18 55 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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. 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. Revised 1-11-18 57 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 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 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. Revised 12-19-2023 KRJ 63 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 $40.00/hour deduct to cover the Inspector's overtime costs. 4. WORK HOUR RESTRICTIONS The contractor shall not perform any work between the hours of 1/2 hour before sunset until %Z hour after sunrise. No nighttime work will be allowed without submission of an adequate traffic control plan to cover nighttime operations and prior approval by the Engineer. 5. PROGRESS OF WORK Once begun, work 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. 6. CONCRETE PAVEMENT AND EXCAVATION An old concrete roadbed was found beneath the median directly north of this project, approximately 5" below the adjacent asphalt road surface. Staff poked rebar into the asphalt medians included in this project and believe it exists under these medians also. These plans are based on that assumption. 65 SECTION 50 —JOB SPECIAL PROVISIONS Removal of the concrete beneath the medians is to provide locations for water to escape and for future tree planting. This item shall include: • sawcutting neat lines at the edge of the work; • removal of the old concrete roadbed down to soil; • disposal of the removed material in accordance with local laws, ordinances, and best practices. All work required other than that described in the previous paragraph to complete the removals shall be included in the bid items for removals included in this contract. 9. REMOVE CONCRETE BASE Removal of the concrete beneath the medians is to provide locations for water to escape and for future tree planting. This item shall include: • sawcutting neat lines at the edge of the work; • removal of the old concrete roadbed down to soil; • disposal of the removed material in accordance with local laws, ordinances, and best practices. All work required other than that described in the previous paragraph to complete the removals shall be included in the bid items for removals included in this contract. 10. STAMPED AND PIGMENTED CONCRETE Stamped and pigmented concrete shall be built to Section 103 Sidewalks standards with the following additions. Concrete shall be pigmented as opposed to stained. Pigment shall approximately match pigment used in the medians north of this project which was Davis brick red 4% color mix, 22.4 lb bag per cubic yard of concrete or approved equal. It is expected the product will eventually fade to pink, but it shall specifically not appear pink at the time of initial curing. Concrete stamp shall be any commercial product that achieves the desired results. Contractor shall perform a test section to achieve approval of the brick red color and establish stamping proficiency. The size and location of the test section are at the contractor's discretion. Upon approval of the test section the contractor may continue with the contract work. 11. SIGN ASSEMBLY Existing median nose signs shall be removed and disposed of as part of the removals bid items included in this contract. Replacement sign assemblies shall be in accordance with the details provided in these plans. 12. ROCK INSTALLATION Rock layer in this project is to provide drainage for excess water in medians. 67 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 69 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 71 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. SUB GRADE 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—W1.4xW 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 Revised 11-4-2015 DRS 73 SECTION 103 — CONCRETE SIDEWALKS sidewalk and the curb and gutter. 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 75 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 77 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 79 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 CON"1'ROL 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 81 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 CONCRE IE 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 83 SECTION 202 - CONCRETE approved equivalent. Final approved corrective actions will be determined by the Engineer. Revised 2-11-2021 DRS 85 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 PRO 1'ECTION All curing and frost protection methods shall conform to Section 202, "Concrete" of the Standard Specifications for the City of Salina. 6. BACKFILLING 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 Revised 3-4-2015 DRS 87 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 502 of the Kansas Department of Transportation Standard Specifications or otherwise noted. 2. PLACING,JOINTING,TEXTURING,AND SEALING CONCRE I'L Refer to the latest version of Section 502 of the Kansas Department of Transportation Standard Specifications. All concrete pavement (including patches) shall be tied at the longitudinal joints. Joints shall be spaced (in feet) no more than 1.5 times the slab thickness (in inches). Transverse joints shall have epoxy coated dowel bars conforming to ASTM A775 Grade 60 placed at the mid-depth of the slab for pavement thicknesses greater than six (6) inches. If used, dowels should be placed parallel to the pavement surface and parallel to the direction of travel. The center of the dowel bar should be below the joint. If designated, welded wire reinforcement shall be used in pavement locations as shown on the plans. 3. WELDED WIRE REINFORCEMENT(WWR) Unless otherwise specified, the WWR shall be 6x6—W2.9xW2.9 weighing 42 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(i.e. Polylok Dual Rebar Chair 2 1/2" &3"cover 3059-RC2). 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. FIBERS When specified in the Contract Documents, macro fibers shall be incorporated into the concrete at the rate recommended by the manufacturer but no less than a minimum of 3 pounds per cubic yard of concrete. Fibers shall meet the requirements in the current edition of the KDOT Standard Specifications. The synthetic fibers shall be in a collated and fibrillated or monofilament form. Unless otherwise specified, macro fibers shall be used for "fiber reinforcement" on all general callouts. 6. FINISHING After the concrete has been spread and struck off, it shall be further struck off and Revised 10-20-23 DRS 89 SECTION 205 - CONCRETE PAVEMENT 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. 10. 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* compressive strength Thickness Roadway (coring) Contractor's discretion or for verification Profilograph Roadway Per KDOT Section 503 for sections greater than 0.1 mile *For pavement repair/replacement projects (less than or equal to 1,000 square yards), minimum of two (2)tests over entire project timeframe. 11. 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 10-20-23 DRS 91 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 93 SECTION 402 — FINISH GRADING AND SEEDING Materials acceptable are covered in the latest version of Section 2110 of the KDOT Standard Specifications. 8. COMPLETION PERMS 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. No separate payment will be made for fertilizer or mulching. Revised 3-13-2015 DRS 95 SECTION 404 TOPSOIL 1. DESCRIPTION Provide and place topsoil at the locations shown in the Contract Documents. 2. MATERIALS Topsoil is the top six inches of field or pasture loam and has a good supply of humus along with a high degree of fertility. Good topsoil has a loose crumbly structure. The Contractor-furnished site (for excavation of the topsoil) is subject to the environmental clearance provisions noted in the latest version of KDOT SECTION 107. 3. CONSTRUCTION REQUIREMENTS Before excavating topsoil from the Contractor-furnished site,remove all grass,weeds, brush, stumps and other objectionable material from the site. Topsoil handled too wet or soggy is not acceptable. Soils from ditch bottoms, drained ponds or eroded areas are not acceptable. Soils supporting growth of noxious weeds, as defined by The Kansas Seed Law, or undesirable weeds, are not acceptable. Spread the topsoil at the locations and to the depths shown in the Contract Documents. Do not harm existing plants or structures when placing and spreading the topsoil.Do not spill the topsoil on the roadway. Do not handle or spread topsoil when it is wet enough to form a 1 %2 inch soil ball without easily breaking. Use only pulverized topsoil where 3 inches or less of topsoil is required. After the topsoil is spread over the designated areas, remove any stones, roots, large clods (greater than 6 inches) and other objectionable material. 4. PEST METHODS None Specified. 5. PREQUALIFICATION None Specified. 6. BASIS OF ACCEPTANCE Visual inspection by the Engineer for compliance with this specification. 7. MEASUREMENT AND PAYMENT Provided the project is constructed essentially to the lines and grades shown in the Contract Documents,the quantities shown in the contract documents will be the quantities for which payment will be made. Payment for "Topsoil" at the contract unit price is full compensation for the specified work. Revised 2-8-2017 WEN 97 r' r 'k:• °Y^r f--'r.,,. S 'I f`rt.C[ C t�L_J L_', DATE REVISIONS - t r 1 E L- . -r.- I ,� I t yirfi. • �,r�ry I �1 s n nr F t ry rrtJ i 7,.1.- ,,,,,,:, ,P ,f ' 9 �'i't rf',"['!7,1,i 1': [ t . 171 A fA r,, •I 7 ', f t Pyt�, r. 1.r 1iy � � ' C l�h 'Y Irl `.� �� 7 ; •••,,..--,:i.'' , '-.'-:-,-r.,:::l�£ ' "=.--.7. 7. r F'r4'w SI t � , t'"1 -_-_ - _ J f -• t 4.".7\,„,.-0 vl.•ryYf r- P • r'," 'r-•'.,- {-I, 01'; '�- ! ,.0.1 �, •? - ' -. • f r • r , 'r- n — i 1 .. ` r l r r r t - t r ,� ah 4. , •y.' r' F i-r, P.P•iti- r'',rC l'` t I. i CO _ i • ': -f r; y�' `t - r P°; Frlt T' ti[r; ftp ffc C\ ^ .,.1 f"!"'.7 �' rr -•r -7 rrris b � 3 .-' . 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( r(i , t i , ,, ,� M, 1 r� F +i'y e `.si --*•.47.-'1 1 rT I . '.a i 'r.44--' p-- I'” r t ci. YY,^4,,�,rr r rrf r-` r I J." r -- 1. . -, [ y .- � v IP r�l I I iyr tJ' p j, �. e q,� '� P I C r'F' Sr s I I• c h r r. ,.-4::-,3_,_,,,-2:.--"..., a -1,••,--f-r, ,--t;r,E-'rt-•• ,-- it 7 .tt' .r r 7 't 1. rF]•.; r � ' n., r • T �f�z�! f r? 'L � ..�, ( r'' t ..41' 4, a ''.l'` R n i .7.5, V '.;-••r- •+ t:r-S- rr ^.`� } [te t • .' �'tr Y*•• ir•.-Jr 1-1 .,./ rF rr 090 R ` S �r"--'' r ,-;•17.-- ',t+,I1 „q I y-rr (77,1-"ar rr('' ?rrtTr r:r 9 C ;rt`r 'p9ar f 1 f r' CITY OF SAUNA, 300 W ASH SAUNA. KANSAS I `, 1 rG (t a;d r>,- f [ P ? r� h r - R ? i r rj s44-"'"i.,--1 PUBLIC WORKS-ENGINEERING- UT1UT1ES �, a " r 4 i'rrlf r'•-•`,7,-,.7.7.27 r n r r r r r r �!� [ P a r r BRORENEWAL '� 1 r r 4ir� ADWAY MEDIAN Y� a , 1r 'r y rr r�� r CI i- -.{'G ' T 1 r 'JJ'1-'rrr L r- t kI r r n Median Location Map • ' • r. I a r ' f,r r n r r,rt-� * rr• r- ;,,• r \,ti ,•, r Y` ,. r � j , f 1 C� I t'�G n Y. e! nmr�e ar sge • • tr = r-r \ ( r j�,r,.......,,.•:„1.• = ! ▪Y 24015 Jon 2024 .1, �. r'.,Id'' ,r •,-.•••°..,,-",...‘.\r. �\,1 ( lrr_",rr �rrl=�-�.T,.' * °� -3,r; ''.t 7, ,•,1r �i, w.rL,, .d.orr..., [er. D-1 DA1E REVISIONS 1. pI rt ,- LI—i 49 /Al': Install stamped ;, I' I ,,l '` c concrete median .— - - • (19.7 SY) 'r `- 7 ! 3' Wide full depth ,- • ,// concrete removal tti and rock Remove exist. median installation (9 SF) 07 (Install concrete I Install 5" asphalt _ nose transition (By OTHERS) (8.5 SY) I , ,'-- )-' 7/ • - - C • �. --.17/ ':"--- t -7 / 3' Wide full depth Install curb andgu'tter concrete removal /(900 LF) • c,., 3' Wide full depth � and rock utterato ,7..7 Mlch toe - Install concrete concrete removal \ Install stamped (45 SF) roadway surface to , nose transition • and rock co,,,, concrete median (8.5 SY) installation (9 SF) (48.4 SY) - _ ,.•. ,,.,,...,, . .,.,.. wN. Q.N.N.'S,Vc. �, ' \ , , '�. ``— .-, ,". Install grass median /�: _, (294 SY) 'J if r 15 '1 .100'' . '138 CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS PLAN for Median — PUBLIC WORKS—ENGINEERING— UTILITIES ill - DUVALL to FRANKLIN T BROADWAY MEDIAN RENEWAL Duvall to Franklin nwla we sm 24015 Apr 2024 D-3 n+xue a..►,u.>b/s.r Ms ram I"", DALE REVISIONS 6.50' 1.75' 3.00' 1.75' 4"Stamped Concrete Slope See typical spill . , . . • . curb detail c•• ��-_-_; ——— Exist. Asphalt --- A A .• .y • or i . . . • , -- "— (Depth Varies) Landscape Filter Fabric p•0.01111 �- Exist. Concrete "....A11%..Acl.A _ (Approx. 14") Open Graded 1/2"Rock (Thickness Varies,21"Minimum) Narrow Median Rock Drain (N.T.S.) 6.50' 1.75' 3.00' 1.75' II 4"Stamped Concrete See typical spill Slope curb detail —— • °' 41, 41, • — Exist. Asphalt —A .A4 ••.)1IP VIP � a•.r;. De . --/_ (Depth Varies) Landscape Open Graded 1/2"Rock Filter Fabric � Exist. Concrete (Thickness Varies,7"Minimum) (Approx. 14") Typical Narrow Median Installation (N.T.S.) CITY OF SAUNA, 300 W AS/I, SAUNA, KANSAS PUBLIC WORKS—ENGINEERING— UAUAES BROADWAY MEDIAN RENEWAL Typical Median Section Detail nolwe ac Ree 24015 May 2024 D-5 ilDiML'WIN arm Dello, l AIN DATE REVISIONS 4" stamped concrete 10.00' Concrete Taper (colored) in a herringbone pattern co ,-1 . 4.00' • ' > e vp , a • v v V V • • k ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ a .. • • t 44444444444444 °. ..v . v co----I MEDIAN PLAN (SCALE N.T.S.) 10.00' 4" stamped concrete , N (cczi olored) in a herringbone 4.00 R3" pattern 1 1 SECTION A—A 6" PVC Sleeve or Core Drill 1- TYPICAL NOSE SECTION A—A (SCALE N.T.S.) Match to Existing Limits Roadway Surface Varies of Removal Limits Slope Match to Existin of (2% Max) g Roadway Surface Removal s ' 4. • •.4 C . g.'•• • /1 A .0 0_, ( Y ��� ) ---7-s" : , e . _ Typical Curb ►• e.• ► ►•• DQ 4" stamped concrete . . .a a . •e 4 • a" 4.. / • D . •e „ •e ..- an'OF SAUNA, 300 W ASH, SAUNA, KANSAS � �. .'� (colored) in a herringbone a ►• '• •► pattern a. ' • . .5 •a • PUBLIC WORKS-ENGINEER/NG- U71L1 AfS BROADWAY MEDIAN RENEWAL Typical Curb TYPICAL MEDIAN SECTION B—B Typical Median section Detail I161M ME Ree (SCALE N.T.S.) 24015 May2024 D-7 Rae-n...arr.*, IC A. DATE REVISIONS Channehzing Device Pavement Marking (Temporary) ILNK Arrow • k k Display C B A Distance Distance Distance Buffer Taper Space Work Space Downstream Taper Shoulder Advanced Warning Area Taper ■ r Transition Activity Area Termination Area Area TYPICAL WORK ZONE COMPONENTS *When concrete barrier system is used,portable channelizing devices are not needed along the tangent barrier section. Taper Formulas: Minimum advance warning sign spacing(in feet): L=WS for speeds of 45 MPH or more SPEED(MPH)* A B C L=WS2/60 for speeds of 40 MPH or less URBAN(40 MPH OR LOWER) 100 100 100 URBAN(45 MPH OR HIGHER) 350 350 350 Where: L = Minimum length of taper in feet S = Numericial value of posted speed RURAL(55 MPH OR LOWER) 500 500 500 prior to work starting in MPH RURAL(60 MPH OR HIGHER) 750 750 750 W= Width in offset feet EXPRESSWAY/FREEWAY 1000 1500 2640 Shifting Taper=1/2 L Shoulder Taper=1/3 L * Posted speed prior to work starting Channelizer Placement: The minimum spacing between signs shall be no (1)The spacing between devices in transition area(taper)should not less than 100',unless directed by the engineer. exceed a distance In feet equal to 1/2 the posted speed limit In mph prior The spacing between any signs may be increased to work starting. beyond the minimum values in the table above as approved by the engineer in order to (2)The spacing between devices in the advanced warning area and the maximize visibility. activity area should not exceed a distance in feet equal to two times the posted speed limit in mph prior to work starting. (3)Channellzing devices shall be placed for optimum visibility, normally at right angles to the traffic flow. CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS (4)Place directional indicator barricades in series to direct traffic onto PUBLIC WORKS—ENGINEERING— U71U71ES the new path.The arrow sign should not be visible to opposing traffic. (5)Alternating diagonal orange and white striping must slope BROADWAY MEDIAN RENEWAL downward In the direction traffic is expected to pass. KDOT Traffic Control — te700A 24015 May 2024 D-9 ;gown p Yr/C[per in♦e