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Project No. 24025 Manual cityof .1411111 Salina KANSAS DEPARTMENT OF PUBLIC WORKS PROJECT MANUAL PROJECT NO. 24025 2024 BRICK STREET REPAIR AUGUST - 2024 CG City of KANSAS DEPARTMENT OF PUBLIC WORKS PROJECT MANUAL PROJECT NO. 24025 2024 BRICK STREET REPAIR AUGUST - 2024 City of Sarnia KANSAS PROJECT NO. 24025 2024 Brick Street Repair Bill Longbine,Mayor * * * * COMMISSIONERS Trent W. Davis, M.D. Michael L.Hoppock Jerry Ivey II Greg Lenkiewicz Engineer's Seal * * * * Michael D. Schrage, City Manager \��.�� AY Jp lv G Nikki Goding, City Clerk '-k"; :OZ 195 ce Daniel R. Stack,P.E., City Engineer -13:4 gio/P y % a, SNS ��. /,�"i ' /0 ► 0\\\\\ AUGUST —2024 TABLE OF CONTENTS REQUEST FOR BIDS 7 INSTRUCTIONS TO BIDDERS 9 BID FORM 13 CON TRACT 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 104—MOBILIZATION 67 SECTION 114—UNIT PAVERS 69 SECTION 120—TRAFFIC CONTROL 73 SECTION 202—CONCRETE 75 SECTION 204—CONCRETE CURB & GUTTER 79 SECTION 205 —CONCRETE PAVEMENT 81 Revised 1-2-15 5 TABLE OF CONTENTS DRAWINGS Revised 1-2-15 6 REQUEST FOR BIDS The City of Salina, Kansas is currently accepting sealed bids for the following project, at the office of the City Clerk,City-County Building 300 West Ash, Room 206 Salina, Kansas, until 2:00 p.m. (Central), Thursday, July 18, 2024, at which time the bids will be opened publicly and read aloud. 2024 BRICK STREET REPAIR PROJECT NO. 24025 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 REQUEST FOR BIDS Revised 3-22-16 WEN 8 INSTRUCTIONS TO BIDDERS 1. Terms used in these Instructions to Bidders shall have the meanings assigned to them in the General Clauses. 2. The Work to be done under this Contract is shown on the Drawings and described in the technical Specifications. 3. Each Bidder shall be acquainted with all conditions pertaining to the proposed Work, and shall personally examine the Site. Any prospective Bidder in doubt as to the meaning of any part of the Contract Documents may submit a written request for an interpretation to the project contact listed below. The person submitting such request shall be responsible for its prompt delivery. Official interpretation,modification,or revision of the Contract Documents will be made only by addendum duly issued and mailed or delivered to each party having a set of Contract Documents. The project contact assumes no liability for any other explanations or interpretations of the documents. 4. Bids shall be based on materials and equipment fully complying with the Drawings and Specifications. The Contractor shall be responsible, under the Contract Price, for furnishing and installing materials and equipment conforming to the stipulated requirements,even though the Contractor's Bid identifies other kinds or types of materials and equipment. 5. No Bidder shall be interested in more than one Bid. Submission of more than one Bid by any firm or individual under different names, or collusion among Bidders, shall be cause for rejection of all such Bids without consideration. 6. The attached Bid form shall be filled out in full. Bids for less than all the Work will not be considered,unless the Work is expressly divided into two or more parts, in which case each part covered by the Bid shall be filled out in full. Extensions and totals submitted in the Bid will be subject to audit and verification. Each Bid shall include the Bidder's name, exact post office address, and the names and addresses of all persons and parties participating in the Bid. Any person signing as an agent shall submit evidence of his or her authority determined acceptable by the City. 7. The unit price for each of the items in the Bid of each Bidder shall include its prorated share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total Bid. Any Bid not conforming to this requirement will be rejected. 8. The City reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City also reserves the right to waive all informalities not involving price,time or changes in the Work and to negotiate Contract terms with the responsive Bidder to whom the City makes an award. Discrepancies between the multiplication of units of Work and Revised 1-2-15 9 INSTRUCTIONS TO BIDDERS unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 9. The City is exempt from Kansas sales tax on materials and equipment to be incorporated into the Work. Consequently, sales tax shall not be included in the Contract Price. 10. The City may make changes in the scope of the Work required to be performed by the Contractor under the Contract by making additions thereto,or by omitting work therefrom,without invalidating the Contract, and without relieving or releasing the Contractor from any of the obligations under the Contract or any guarantee given pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of the guaranty bonds. No limit will be fixed and no Change Order will be required for such increased or decreased quantities nor shall any adjustment in unit prices be allowed,provided the net monetary value of all such additive and subtractive change in quantities of such items of Work shall not increase or decrease the original total Contract Price by more than twenty-five percent(25%). 11. Each Bidder shall submit with its Bid a certified check, cashier's check on a solvent bank, or an acceptable bidding bond, in the amount of five percent (5%) of the total bid amount shown on the Bid. This security shall be made payable to the City and will serve as a guarantee that the Bidder will file all bonds and securities required and enter into any Contract awarded to Bidder in accordance with the terms of the Bid within ten (10) days after notice of award. If the successful Bidder fails to execute and deliver the Contract and furnish the required bonds within ten(10)days after the notice of award,the City may consider the Bidder to be in default,annul the notice of award, and the bid security of that Bidder shall be forfeited as liquidated damages and the money derived therefrom will be turned to the use of the City. 12. Bids shall be sealed, the outside of the envelope marked with the title of the improvements, and addressed to the City. The City's name and address, and the time and place for submission of Bids,are shown in the"Request for Bids." Bids received after the specified time will be returned,unopened,to the Bidder. Bids submitted by facsimile will not be accepted. 13. All Bids will remain subject to acceptance for sixty (60)days after the day of the Bid opening, but the City may, in its sole discretion, release any Bid security prior to that date. 14. Bidders are requested to be present at the opening of Bids. All Bids shall be made and received with the express understanding that the Bidder accepts the terms and conditions set forth in these instructions and the other Contract Documents. 15. Before award of the Contract,the successful Bidder will be required to satisfy the City as to the Bidder's experience and competence to construct the Work, the Bidder's integrity and reliability in carrying out the provisions of its performance bond, and the Bidder's resources for the vigorous prosecution of the Work. Revised 1-2-15 10 INSTRUCTIONS TO BIDDERS 16. All Bids must be regular in 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 INSTRUCTIONS TO BIDDERS Revised 1-2-15 12 BID FORM TO THE BOARD OF COMMISSIONERS CITY OF SALINA,KANSAS Project Name: 2024 BRICK STREET REPAIR Project: No.: 24025 Commissioners: 1. Proposal to Enter into Contract. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with the City to perform all Work as specified or indicated in the proposed Contract Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the proposed Contract Documents. 2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request by the City. Bidder will sign and deliver the required number of counterparts of the Contract with the bonds and other required documents,within 10 days after the date of the City's notification of award. 3. Bidder's Representations. In submitting this Bid,Bidder represents that: a. Bidder has carefully reviewed the proposed Contract Documents and the following addenda,receipt of which is hereby acknowledged: 1. 2. 3. Bidder understands and agrees that in signing this Bid, Bidder waives all right to plead any misunderstanding regarding the Contract Documents or the above- referenced addenda. b. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. c. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the proposed Contract Documents,and the Engineer's written explanation is acceptable to Bidder. Revised 1-2-15 13 BID FORM 4. Bid Price. Bidder will complete the Work in accordance with the Contract Documents for the following unit prices: III DESCRIPTION QUANTITY UNIT PR CE TOTAL 1 Remove Curb and Gutter 191 FT $10.00 $1,910.00 2 Unit Paver Repair 221 SF $15.00 $3,315.00 3 Brick Street Repair 1,858 SF $ 15.00 $27,870.00 4 Mobilization 1 LS $1,500.00 $ 1,500.00 5 Traffic Control 1 LS $7,500.00 $7,500.00 6 Curb and Gutter Combined 191 FT $40.00 $7,640.00 Total $49,735.00 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 APRIL 30, 2025, and will be completed and ready for final payment in accordance with the General Clauses by MAY 31,2025. 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 X Kansas Limited Liability Company U Revised 1-2-15 14 BID FORM Corporation* n Limited Liability Company* Other: *Please indicate the state in which entity is organized NAME OF BIDDER: Ponton Construction, Inc. ADDRESS: 1325 Armory Road Salina, KS E-MAIL ADDRESS: Chandr tonconstruction.com BY: TITLE: President DATE SUBMITTED: July 18, 2024 Revised 1-2-15 15 Bid or Proposal Bond Westfield Insurance Company Westfield InsurancelI Park Circle,P O Box 5001, Westfield Center,Ohio 44251-5001 Toll Free 800-243-0210 KNOW ALL MEN BY THESE PRESENTS,that we, Ponton Construction, Inc. 1325 Armory Rd., Salina, KS 67401 ,as Principal, and the Westfield Insurance Company ,an Ohio Corporation,with its principal office at Westfield Center,Ohio,as Surety,are held and firmly bound unto City of Salina 300 W. Ash St., Salina, KS 67401 ,as Obligee, in the penal sum of Five Percent of Bid (5%) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the said Principal is herewith submitting a bid or proposal for Project No. 24025-2024 - Brick Street Repair • NOW THEREFORE, the condition of the above obligation is such, that if the said Principal shall execute a contract and give bond for the faithful performance thereof, if required by the contract,or if the Principal or Surety shall pay the Obligee the difference, not exceeding the penal sum hereof,between the amount of the contract entered into in good faith to perform the work to which the bid or proposal relates and the amount bid or proposed by the Principal,then this obligation shall be void;otherwise it shall remain in full force and effect. SIGNED this 18th day of July , 2024 . Principal By: l 7,'(4 le43 Archie R. Ponton, President Westfield Insurance Co any • Bya a _ Alicia Weiland Attorney-in-fact BD 5046 ` THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 08/12/22,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 1500012 03 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County,Ohio,do by these presents make,constitute and appoint MARK A.SKIDMORE,ERIN NICOLE BURCH,JAMES D.WILSON,TARA B.EARLEY,ALEXI DAWN MAI,ALICIA WEILAND, JENNIFER D.FESSENDEN,SHAWN MYERS,SHAWN GALLARDO,AARON HALE,JOINTLY OR SEVERALLY of SALINA and State of KS Its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit.- - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be If Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 12th day of AUGUST A.D.,2022 . Corporals ••'"•.ww,,,,�.,, ,.....,,. u,,.,,,, Seals \�'s�RA �!yC` 'p(��NA�N',, Y,.......i �,� WESTFIELD INSURANCE COMPANY �•• c••e�. i;sG. ,+ WESTFIELD NATIONAL INSURANCE COMPANY Affixed Z./ ,iv. •` o .1,.9! ••�• / ''• �. OHIO FARMERS INSURANCE COMPANY let rtl S�)ti SEAL _ ::= 1 .m; �; gym. a .., 1 .,•vv. .,,N' --' O: I. 164 ,:1't s C, (1 • , mss.!••'•. t!'^ State of Ohio By. County of Medina ss.: Gary W. tumper, Nationa SuretyLeader and Senior Executive On this 12th day of AUGUST A.D., 2022 , before me personally came Gary W. Stumper to me known,who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial .,,,....,w,,,,,, Seal es s1AL *,, ‘ ePaxed/a. Affixed AP:............ .....„, ... , • _. State of Ohio N� ,� o David A. Kotnik,Attorney at Law, Notary Public County of Medina ss.: t,M1gr` o.t•,,• My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) • f OF I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. 1 In Witness Whereof, I hay hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 14 day of 3" k v.o., 2024 . I1-, =ALt l.c 'moi SEAL .12?'. =e• ;•5r / iJ 4 Secretary �:'•.•, .ar. .•. z'. ro 1848 - a '.•• • • • Frank A. Carrino, Secretary ''o BPOAC2 (combined) (03-22) BID FORM Revised 1-2-15 16 CONTRACT BETWEEN THE CITY OF SALINA, KANSAS and PONTON CONSTRUCTION, INC. for CONSTRUCTION OF PUBLIC IMPROVEMENTS This Contract is entered into"u046/ Z7,2024 by and between the City of Salina,Kansas,(the"City") and Ponton Construction,Inc.,a Kan&corporation(the"Contractor"). Recitals A. The City desires to contract for the construction of public improvements described as 2024 BRICK STREET REPAIR(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 fmal 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 fmal payment as fixed in the certificate of final completion,the Contractor agrees to pay liquidated damages to the City in the amount of$100.00,in accordance with the General Clauses. 5. Payment. The City shall pay the sum or sums due the Contractor, at stated intervals and in the amounts certified by the City Manager, or his designated representative, in accordance with the provisions of the General Clauses and the Contractor's Bid. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Contractor agrees to obtain insurance coverage as specified in the General Clauses, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in the General Clauses. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent"Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in the General Clauses, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Contract. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Contract, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)or damage to property caused by its employees or agents in the performance of its duties under this Contract and shall immediately notify the City's Risk Management Department at(785)309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City,its agents,representatives,officers,officials and employees from and against all claims,damages, 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 PONTON CONSTRUCTION,INC. City Clerk Ponton Construction,Inc. Attn: City Engineer 1325 Armory Road 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 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 PONTON CO TRUCTION,INC. A Ata 6,...L ,024-71) B.: r'hae1 Treillage,City Manager Signed By: AL 1 10 140 '1 eifte—P044•Cel/ Attest: Nikki Goding,CityClerk 111 Printed Name � A _ Teeg- 0 Form: -ga Co - Title Revised 1/2/15 22 ACOR CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 08/15/2024 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 policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kiersten Schmitt NAME: Iron Insurance Partners INC.% o,Ext): (800)563-1871 FAX No): (785)825-5098 P.O.Box 1213 E-MAIL kschmitt@ironrisk.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC C Salina KS 67402-1213 INSURER A: Employers Mutual Casualty Co 21415 INSURED INSURER B: Kansas Builders Insurance Group Ponton Construction,Inc. INSURER C: 1325 Armory Rd INSURER D: INSURER E: Salina KS 67401-4067 INSURER F: COVERAGES CERTIFICATE NUMBER: 24.25 All Lines 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 SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDIYYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 500,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y Y 6D51766 02/01/2024 02/01/2025 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY I zI RO LOC 0000PRODUCTS-COMP/OPAGG $ 0 OTHER $ AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y 6E51766 02/01/2024 02/01/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /_� AUTOS ONLY (Per accident) $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE Y Y 6J51766 02/01/2024 02/01/2025 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY YIN 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE NIA Y 20240008 01/01/2024 01/01/2025 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) El,DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:2024 Brick Street Repair The City of Salina&its agents,representatives,officers,officials,and employees are named as additional insured with regard to the General Liability and Automobile Liability. General Liability is primary,non-contributory and includes completed operations. Waiver of Subrogation is added to the General Liability,Automobile Liability and Worker's Compensation for The City of Salina&its agents,representatives, officers,officials,and employees as allowed by state statute,to the extent provided in the attached forms.Umbrella is follow form. CLCA2093.CG2039,CLCG0492,CG2001,WC000313 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Salina-City ClerkAttn:City Engineer ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 736 AUTHORIZED REPRESENTATIVE Salina KS 67402-0736 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 5 ela9-/a COMMERCIAL AUTO CL CA 20 93 03 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT - PLATINUM PLUS This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Paragraph Name Of Extension Limit or No. Included Additional Insured by Contract Or Agreement Including Primary and A. Noncontributory Other Insurance Condition Included B. Airbags-Extended Coverage Included C. Telematics&GPS Equipment Coverage $2,500 D. Electronic Equipment—Increased Coverage $2,500 E. Auto Loan/Lease Gap Coverage Unlimited F. Autos Rented by Employees Included G. Bail Bonds- Extended Coverage $5,000 Broad Form Named Insured Including Newly Acquired or Formed H. Organizations Included Custom Signs&Decorations Included J. Employees as Insureds Included K. Family Emergency Travel Reimbursement $2,500 L. Fellow Employee Coverage Included M Fire Extinguisher Recharge Included N. Glass Repair—No Deductible Included O Hired Auto Physical Damage and Increased Loss of Use Expenses $100,000 Loss of use(Per Day/ Maximum) $500/$3,500 P Hybrid Auto Payment Coverage(per auto/per loss) $2,500/$5,000 Q. Knowledge Of An Accident,Claim,Suit Or Loss Included R. Limited Worldwide Hired& Non Owned Auto Coverage Included S. Loss Of Earnings-Extended Coverage $1,000 T. New Vehicle Replacement Cost Included U. Rental Reimbursement Coverage Maximum Rental Expenses Per Day $75 Maximum Rental Expenses Because Of Loss To Any One Covered "Auto" $3,375 Maximum Rental Expenses Because Of Loss To All Covered "Autos" In $15,000 Any One Policy Period CL CA 20 93 03 19 Includes copyrighted material of Insurance Services Page 1 of 8 Offices, Inc.with its permission V. Personal Effects Coverage $500 W. Resultant Mental Anguish Included Towing And Labor Coverage Extension X. Private Passenger Type $200 Other than Private Passenger Type $250 Y. Transportation Expenses-Coverage Extension (Per Day/Maximum) $75/$2,500 Z. Unintentional Failure To Disclose Hazards Included AA. Waiver Of Collision Deductible—Attached Autos Included BB. Waiver Of Subrogation By Contract Or Agreement Included A. ADDITIONAL INSURED BY CONTRACT OR 5. The following changes are made to AGREEMENT INCLUDING PRIMARY AND Paragraph 5. Other Insurance of B. NONCONTRIBUTORY OTHER INSURANCE General Conditions under Section IV — CONDITION Business Auto Conditions: The following is added to Paragraph A.1.Who Is a. The following is added to Paragraph 5.a.: An Insured of Section II — Covered Autos If required by the written contract or Liability Coverage: agreement described above, the When you have agreed in a written contract or insurance afforded to the additional agreement to include a person or organization as insured under this provision will be an additional insured, such person or primary to, and will not seek contribution organization is included as an"insured"subject to from, the additional insured's own the following: insurance. 1. Such person or organization is an b. Paragraph 5.c. is deleted in its entirety. additional insured only to the extent such 6. Paragraph A.1.c. under Section II - person or organization is liable for "bodily Covered Autos Liability Coverage is injury" or "property damage"because of the deleted in its entirety. conduct of an "insured" under Paragraphs a. or b. under Paragraph A.1. Who Is An 7. The definition of "insured contract" under Insured of Section II — Covered Autos Section V — Definitions is amended to add Liability Coverage,caused by an "accident" the following: and resulting from the ownership, An "insured contract" does not include that maintenance or use of a covered "auto". part of any contract or agreement: That 2. The written contract or agreement pertains to the ownership, maintenance or described above must have been executed use of an "auto" and which indemnifies a prior to the "accident" that caused the person or organization for other than the "bodily injury" or "property damage"and be vicarious liability of such person or in effect at the time of such"accident". organization for "bodily injury" or "property 3. The insurance afforded to any such damage"caused by your operation or use of additional insured does not apply to any a covered"auto". "accident" beyond the period of time However,a person or organization is an additional required by the written contract or "insured" under this provision only to the extent agreement described above. such person or organization is not named as an 4. The most we will pay on behalf of such "insured"by separate endorsement to this policy. additional insured(s) is the lesser of: B. AIRBAGS- EXTENDED COVERAGE a. The Limits of Insurance specified in the Section III — Physical Damage Coverage, written contract or agreement Paragraph B.3.a. does not apply to the described above; or unintended discharge of an airbag. Coverage is b. The Limits of Insurance shown in the excess over any other collectible insurance or Declarations. warranty specifically designed to provide This provision shall not increase the Limit coverage. of Insurance shown in the Declarations in this policy or coverage part. Page 2 of 8 Includes copyrighted material of Insurance Services CL CA 20 93 03 19 Offices, Inc.with its permission C. TELEMATICS & GPS EQUIPMENT E. AUTO LOAN/LEASE GAP COVERAGE COVERAGE The following is added to Section III — Physical Damage Coverage is amended as Physical Damage Coverage, Paragraph C.: follows: In the event of a total "loss"to a covered "auto", 1. In Section III—Physical Damage Coverage, we will pay any unpaid amount due on the lease Paragraphs B.4.c. and B.4.d. do not apply or loan for a covered"auto", less: to: The amount paid under the Physical Damage a. Global positioning systems; or Coverage section of the policy; and any: b. "Telematics devices"; 1. Overdue lease/loan payments at the time of which are not: the"loss"; (1) Permanently installed in or upon the 2. Financial penalties imposed under a lease covered "auto"; for excessive use, abnormal wear and tear or high mileage; (2) Removable from a housing unit which is 3. Security deposits not returned by the lessor; permanently installed in or upon the covered "auto"; 4. Costs for extended warranties, Credit Life (3) An integral part of the same unit Insurance, Health, Accident or Disability housing any electronic equipment described Insurance purchased with the loan or lease; in Paragraphs a. and b. above; or; and (4) Necessary for the normal operation of 5. Carry-over balances from previous loans or the covered "auto" or the monitoring of the leases. covered "auto's"operating system. However, this provision does not apply to the 2. In the event of a "loss" to a covered "auto", extent loan/lease gap coverage has been the most we will pay for "loss" to global provided by separate endorsement to this policy. positioning systems and "telematics F. AUTOS RENTED BY EMPLOYEES devices" in any one covered "auto" is the The following is added to Section II — Covered lesser of: Autos Liability Coverage, Paragraph A.1.: a. The actual cash value of the damaged The following is added to the Who Is An Insured or stolen property at the time of loss; Provision: b. The cost of repairing or replacing An "employee" of yours is an "insured" while damaged or stolen property with other operating an "auto" hired or rented under a property of like kind and quality; or contract or agreement in an "employee's" name, c. $2,500 with your permission, while performing duties 3. For each covered "loss", a deductible of related to the conduct of your business $100 shall apply. G. BAIL BONDS - EXTENDED COVERAGE "Telematics Devices" include devices that are Section II—Covered Autos Liability Coverage, not installed by the vehicle manufacturer and Paragraph A.2.a.(2) is deleted and replaced by that are designed for the collection and the following: dissemination of data for the purpose of (2) Up to $5,000 for cost of bail bonds (including monitoring vehicle and/or driver performance. This includes global positioning systems and bonds for related traffic law violations) wireless safety communication devices. required because of an "accident" we cover. We do not have to furnish these bonds. Cellular, mobile and smart phones are not considered global positioning systems or "telematics devices"for purposes of this coverage provision. D. ELECTRONIC EQUIPMENT — INCREASED COVERAGE The $1,000 limit indicated in Paragraph C.1.b. under Section III — Physical Damage Coverage is increased to$2,500. CL CA 20 93 03 19 Includes copyrighted material of Insurance Services Page 3 of 8 Offices,Inc.with its permission H. BROAD FORM NAMED INSURED INCLUDING J. EMPLOYEES AS INSUREDS NEWLY ACQUIRED OR FORMED Section II- Covered Autos Liability Coverage, ORGANIZATIONS Paragraph A.1.b.(2) is deleted and replaced by The following is added to sub paragraph Al.Who the following: Is An Insured of Section II — Covered Autos (2) Any"employee"of yours is an"insured"while Liability Coverage: using a covered "auto"you don't own, hire or For any covered "auto"; borrow in your business or your personal Any organization, other than a partnership, joint affairs. venture or limited liability company, over which However, the insurance provided by this you maintain ownership or majority interest of provision, I. EMPOYEES AS INSUREDS, more than 50 percent on the effective date of this does not apply if separate Employee as endorsement and for which you are obligated prior Insured coverage (or any similar or to the loss to provide insurance, unless that equivalent coverage) has been provided by a organization is an "insured" under any other separate endorsement issued by us and automobile policy or would be an "insured" under made a part of this policy or coverage part. such a policy but for the exhaustion of its Limit of K. FAMILY EMERGENCY TRAVEL Insurance. REIMBURSEMENT Any organization you newly acquire or form, other SECTION II - LIABILITY COVERAGE, A. 2. than a partnership, joint venture or limited liability Coverage Extensions is amended to include company or any organization excluded either by the following: this Coverage Part or by endorsement, and over In addition to the Limit of Insurance, we will pay which you maintain ownership or majority interest of more than 50 percent will qualify as a Named reasonable "travel reimbursement expenses" Insured. However: incurred by a "family member" or "designated representatives", of an "insured" or passenger 1. This insurance does not apply to any newly for travel to visit that "insured" or passenger acquired or formed organization that is an who was injured in an "accident" involving a "insured" under any other automobile policy or covered "auto", subject to the following would be an"insured"under such policy but for conditions: its termination or the exhaustion of its Limit of Insurance. 1. Regardless of the number of traveling "family members" or "designated 2. Coverage under this provision does not apply representatives", injured "insureds" or to "bodily injury", "property damage", expense passengers, claims made or vehicles or "loss" that occurred before you acquired or involved in the "accident", the most we will formed the organization. pay for all "travel reimbursement 3. Coverage under this provision is afforded only expenses" resulting from any one until the 180th day after you acquire or form the "accident" is $ 2,500. organization or the end of the policy period, 2. Travel must be to visit the injured party at the whichever is earlier. hospital to which such "insured" has been I. CUSTOM SIGNS& DECORATIONS admitted and has received medical or Physical Damage coverage on a covered "auto" surgical treatment for a period of 72 hours or extends to "loss" to custom signs and more from the time of first admittance to decorations including custom murals, paintings such hospital, or in the event of death,to the or other decals or graphics. location necessary to handle the immediate affairs of the deceased. Our limit of liability for each "loss" to custom signs and decorations shall be the least of: 3. Subject to the $2,500 per accident limit, the most we will pay for the combined total of (1) Actual cash value of the stolen or damaged expenses for room accommodations, meals, property; or and parking for each "family member" or (2) Amount necessary to repair or replace the "designated representatives" is $200 per property; day. This coverage does not apply to Hired Auto 4. We will reimburse ground transportation Physical Damage Coverage. using a personal vehicle at a rate of 40 cents Page 4 of 8 Includes copyrighted material of Insurance Services CL CA 20 93 03 19 Offices, Inc.with its permission per mile for the actual miles driven. M. FIRE EXTINGUISHER RECHARGE 5. All "travel reimbursement expenses" must The following is added to Paragraph A.4. be supported by written receipts submitted Coverage Extensions of Section III — to us no later than 120 days from the date Physical Damage Coverage: such "travel reimbursement expenses"were When fire extinguishers are kept in your covered incurred. "auto" and are discharged in an attempt to "Travel reimbursement expenses" include extinguish a fire, we will pay the lesser of the reasonable ground, rail, or air (coach class) actual cost of recharging or replacing such fire transportation, room accommodations, meals, extinguisher(s). and parking expenses only. No deductible applies to this coverage. "Designated representative" is an individual N. GLASS REPAIR—NO DEDUCTIBLE identified by the "insured" as a close personal friend or as having decision making authority Section III — Physical Damage Coverage, pertaining to the insured's care in the event of Paragraph D. is deleted and replaced by the incapacity or death. following: "Family member"means a person related to the D. DEDUCTIBLE injured "insured" by blood, marriage, state- For each covered "auto" our obligation to pay recognized civil union, or adoption, including a for, repair, return or replace damaged or stolen ward or foster child. property will be reduced by the applicable L. FELLOW EMPLOYEE COVERAGE deductible shown in the Declarations. Any Exclusion B. 5. of Section II - Covered Autos Comprehensive Coverage deductible shown in the Declarations does not apply to: Liability Coverage is deleted and replaced with the following: 1. "Loss" caused by fire or lightning; or 5. Fellow Employee 2. "Loss" when you elect to patch or repair a. "Bodily injury"to any fellow"employee"of glass rather than replace. an "insured" arising out of and in the O. HIRED AUTO PHYSICAL DAMAGE course of the fellow "employee's" COVERAGE AND INCREASED LOSS OF USE employment or while performing duties EXPENSES related to the conduct of your business; Section III — Physical Damage Coverage, A. 4 or Coverage Extensions is amended to include the b. The spouse, child, parent, brother or following: sister of that fellow "employee" as a If hired "autos" are covered "autos" for Liability consequence of Paragraph a. above. Coverage under this policy and if Physical However, this exclusion does not apply to Damage Comprehensive Coverage, Physical liability incurred by your"employees"that are Damage Specified Causes Of Loss Coverage, or "executive officers". Physical Damage Collision Coverage is provided No "employee" is an "insured" for "bodily under this policy for any "auto" you own, then injury" to a co-employee if such co- such Physical Damage Coverages are extended employee's exclusive remedy is provided to apply to "autos"you lease, hire, rent or borrow under a workers compensation law or any without a driver, subject to the following similar law. provisions: For the purpose of Fellow Employee Coverage 1. This extension is only available for "autos" only, paragraph B.5. of Business Auto you lease, hire, rent or borrow for less than Conditions is changed as follows: 30 consecutive days. This FELLOW EMPLOYEE COVERAGE is excess over any other collectible insurance. 2. The most we will pay in any one "loss" is the least of $100,000, the actual cash value of As used in this provision, "executive officer" the "auto" or the cost to repair or replace means a person holding any of the officer the"auto", except that such amount will be positions created by your charter, constitution, reduced by a deductible to be determined as by-laws or any other similar governing document. follows: a. The deductible shall be equal to the CL CA 20 93 03 19 Includes copyrighted material of Insurance Services Page 5 of 8 Offices,Inc.with its permission amount of the highest deductible 2. For the purpose of this coverage provision shown for any owned "auto" of the the following Definitions are added: same classification for that coverage. a. "Hybrid auto" is defined as an "auto", In the event there is no owned "auto" including a hybrid "electric auto" that is of the same classification, the highest deductible for any owned "auto" will powered by two sources, an internal apply for that coverage. combustion engine, and an electric motor. b. No deductible will apply to "loss" b. "Electric auto" is an "auto" that is caused by fire or lightning. powered by an electric motor instead of 3. Coverage provided under this extension will an internal combustion engine. The be excess over any other collectible "electric auto" uses energy stored in its insurance you have. rechargeable batteries, which are Paragraphs 1 through 3 above do not apply if recharged by common household separate Hired Auto Physical Damage is indicated electricity. in the declarations. Q. KNOWLEDGE OF AN ACCIDENT, CLAIM, 4. For"autos" you lease, hire, rent or borrow SUIT OR LOSS covered under this Hired Auto Physical The following is added to Section IV—Business Damage Coverage extension or under Auto Conditions, Paragraph A.2.: separate coverage provided in the Notice of an "accident" or "loss" will be declarations, the limits in subparagraph b. considered knowledge of yours only if reported Loss Of Use Expenses under paragraph 4. to you, if you are an individual, a partner, an Coverage Extensions as found in executive officer or an employee designated by paragraph A. Coverage of SECTION III — you to give us such notice. PHYSICAL DAMAGE COVERAGE, are increased to $500 per day, to a maximum Notice of an"accident"or"loss"to your Workers' of$3,500. Compensation insurer, for an event which later develops into a claim for which there is coverage P. HYBRID AUTO PAYMENT COVERAGE under this policy, shall be considered notice to Section III — Physical Damage Coverage, A. 4 us, but only if we are notified as soon as you Coverage Extensions is amended to include the know that the claim should be addressed by this following: policy, rather than your Workers' Compensation policy. 1. In the event of a total "loss" to a non-"hybrid auto" for which Comprehensive, Specified R. LIMITED WORLDWIDE HIRED& NON OWNED Causes of Loss, or Collision coverages are AUTO COVERAGE provided under the Business Auto Coverage In Section IV - Business Auto Conditions, form, then Physical Damage Coverages are Condition B.7., paragraph b.(5) is replaced by amended as follows: the following: a. If a non-"hybrid auto" is replaced with a (5) Anywhere in the world if a covered "auto" is "hybrid auto"or"electric auto"we will pay leased, hired, rented or borrowed without a an additional 10% of the non-"hybrid driver for a period of 30 days or less, auto's" actual cash value or replacement S. LOSS OF EARNINGS - EXTENDED cost, to a maximum of$2,500, whichever COVERAGE is less; Section II — Covered Autos Liability b. The non-"hybrid autos" must be replaced Coverage, Paragraph A.2.a.(4) is deleted and and a copy of a bill of sale or lease replaced by the following: agreement must be received by us within (4) All reasonable expenses incurred by the 60 calendar days of the date of "loss"; "insured"at our request, including actual loss and of earnings up to $1,000 a day because of c. If more than one non-"hybrid auto" is time off from work. damaged in any one "loss", the most we will pay under this Coverage for any one "loss" is $5,000. Page 6 of 8 Includes copyrighted material of Insurance Services CL CA 20 93 03 19 Offices,Inc.with its permission T. NEW VEHICLE REPLACEMENT COST (2) The maximum rental expenses The following is added to the Paragraph C. Limit shown below: of Insurance provision of Section III— Physical (a) $3,375 because of "loss" to Damage Coverage: any one covered"auto"; In the event of a total "loss"to your"new vehicle" (b) $15,000 because of all "loss"to to which this coverage applies,we will pay at your all covered "autos" in any one option: policy period. a. The cost to replace the covered"auto"with a 4. We will pay up to an additional $300 for new"auto"of like make, model and year; or the reasonable and necessary expenses b. An amount equal to the original purchase you incur to remove your materials and price you paid to acquire the vehicle, equipment from the covered "auto" and including taxes, but excluding any extended replace such materials and equipment on warranties and licensing fees. the rental"auto". This coverage applies only to a covered"auto" of 5. This coverage does not apply while there the private passenger, light truck or medium truck are spare or reserve "autos" available to type (20,000 lbs. or less gross vehicle weight). you for your operations. 6. If"loss"results from the total theft of a covered As used in this endorsement, a "new vehicle" "auto" of the private passenger type, we will means an "auto" of which you are the original owner that has not been previously titled and pay under this coverage only that amount of your rental reimbursement expenses which you purchased less than 180 days before the date of the"loss". which is not already provided for under the Physical Damage Coverage Extension. U. RENTAL REIMBURSEMENT COVERAGE V. PERSONAL EFFECTS COVERAGE 1. We will pay for rental reimbursement The following is added to Section III —Physical expenses incurred by you for the rental of an Damage Coverage, Paragraph A.4.: "auto" because of "loss" to a covered "auto". Payment applies in addition to the Physical Damage Coverage on a covered"auto" otherwise applicable amount of each is extended to "loss" to your personal property coverage you have on a covered "auto". No and, if you are an individual, the personal deductible applies to this coverage. This property of a family member, that is in the coverage is only available to those covered covered"auto"at the time of"loss"; and caused "autos" involved in a "loss" and Physical by an "accident" and resulting from the Damage is provided to the covered "auto". ownership, maintenance or use of a covered "auto". 2. We will pay only for those expenses incurred during the policy period, The most we will pay for any one "loss" under beginning 24 hours after the "loss" and this coverage extension is $500. However, our ending, regardless of the expiration date of payment for "loss" to personal property will the policy, with the lesser of the following; only be for the account of the owner of the property. 1. The number of days reasonably required to repair or replace the Under this provision personal property does covered "auto". If "loss" is caused by not include and we will not pay for"loss"of: theft,this number of days is added to the 1. Currency, coins, securities or number of days it takes to locate the 2. Property that under federal or state law is covered "auto" and return it to you; or a. An illegal controlled substance 2. 45 days. b. Property in the course of illegal 3. Our payment is limited to the lesser of transportation or trade. the following amounts: No deductible applies to this coverage extension. 1. Necessary and actual expenses incurred. 2. The maximum rental expenses indicated below: (1) Not more than $75 per day; CL CA 20 93 03 19 Includes copyrighted material of Insurance Services Page 7 of 8 Offices,Inc.with its permission W. RESULTANT MENTAL ANGUISH AA.WAIVER OF COLLISION DEDUCTIBLE — Section V- Definitions, Paragraph C. is deleted ATTACHED AUTOS and replaced by the following: The following is added to paragraph D. under C. "Bodily injury" means bodily injury, disability, SECTION III - PHYSICAL DAMAGE sickness, or disease sustained by a person, COVERAGE of the Business Auto Coverage including death resulting from any of these at Form: any time. "Bodily injury" includes mental If a"trailer" is connected to an"auto"that is not a anguish or other mental injury resulting from "trailer"and both"autos": "bodily injury". 1. Are covered "autos" for Collision Coverage X. TOWING AND LABOR COVERAGE that applies to that"accident", and EXTENSION 2. Sustain damage in a single"accident". The following is added to Section III — Physical we will waive the lowest of the applicable Collision Damage Coverage, paragraph A.2.: deductibles. 1. We will pay up to: BB.WAIVER OF SUBROGATION BY a. $200 for a covered "auto" of the private CONTRACT OR AGREEMENT passenger type or b. $250 for a covered "auto" that is not of The following is added to Section IV - the private passenger type, Business Auto Conditions, Paragraph A.S.: for towing and labor costs incurred each time We waive any right of recovery we may have the covered "auto" is disabled. However,the against any "insured" provided coverage under labor must be performed at the place of this endorsement under A. ADDITIONAL disablement. INSURED BY CONTRACT OR AGREEMENT 2. This coverage applies only for an "auto" INCLUDING PRIMARY AND covered on this policy for Comprehensive or NONCONTRIBUTORY OTHER INSURANCE Specified Causes of Loss Coverage and CONDITION, but only as respects "loss" arising Collision Coverages. out of the operation, maintenance or use of a 3. Payment applies in addition to the otherwise covered "auto" pursuant to the provisions or applicable amount of each coverage you conditions of the written contract or agreement. have on a covered "auto". Y. TRANSPORTATION EXPENSES -COVERAGE EXTENSION Paragraph A.4.a. Transportation Expenses of Section III — Physical Damage Coverage is amended as follows: 7. The Limits of Insurance are increased to $75 per day to a maximum of$2,500. 8. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto"to you. Z. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to Section IV-Business Auto Conditions, Paragraph B.2.: If you unintentionally fail to disclose any hazards existing at the inception of this policy, such failure will not prejudice the coverage provided to you. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Page 8 of 8 Includes copyrighted material of Insurance Services CL CA 20 93 03 19 Offices,Inc.with its permission COMMERCIAL GENERAL LIABILITY CG 20 39 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT WITH YOU (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 2. Supervisory, inspection, architectural or include as an additional insured any person or engineering activities. organization for whom you have performed This exclusion applies even if the claims against operations when you and such person or any insured allege negligence or other wrongdoing organization have agreed in writing in a contract or in the supervision, hiring, employment, training or agreement that such person or organization be monitoring of others by that insured, if the added as an additional insured on your policy. "occurrence" which caused the "bodily injury" or Such person or organization is an additional "property damage" involved the rendering of or the insured only with respect to liability for "bodily failure to render any professional architectural, injury"or"property damage" caused, in whole or in engineering or surveying services. part, by "your work" performed for that additional insured and included in the "products-completed C. With respect to the insurance afforded to these operations hazard". additional insureds, the following is added to However, the insurance afforded to such Section III—Limits Of Insurance: additional insured: The most we will pay on behalf of the additional 1. Only applies to the extent permitted by law; insured is the amount of insurance: and 1. Required by the contract or agreement you have entered into with the additional insured; 2. Will not be broader than that which you are or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the following additional whichever is less. exclusion applies: This endorsement shall not increase the This insurance does not apply to: applicable limits of insurance. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or CG 20 39 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or intended Injury Or Damage included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft(Increased to maximum length of less than 51 Included feet) J. Supplementary Payments—increased Limits 1. Bail Bonds $3,000 2. Loss Of Earnings $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability in writing in a contract or agreement that such Coverage Part apply except as otherwise provided in person or organization . rgabe added as an this endorsement. This endorsement applies only if additional insureddizoy on your policy provided such Coverage Part is included in this policy. that A. MISCELLANEOUS ADDITIONAL INSUREDS a. The written contract or written agreement is. 1. Section II —Who Is An Insured is amended (1) Currently in effect or becoming to include as an insured any person or organization (referred to as an additional effective during the term of this policy. insured below) described in Paragraphs and A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office. Inc Page 1 of 8 with its permission injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". or failing to prepare or b. The insurance afforded by this provision approve, maps, shop does not apply to any person or drawings, opinions, reports, organization included as an additional surveys, field orders, insured by a separate endorsement change orders or drawings issued by us and made a part of this policy and specifications; or or coverage part. (1.2) Supervisory, inspection, c. Only the following persons or architectural or engineering organizations are additional insureds activities. under this provision, with coverage for This exclusion applies even if the such additional insureds limited as claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, Whom Operations Are Performed training or monitoring of others by that insured, if the "occurrence" which (a) Any person or organization for caused the"bodily injury"or"property whom you are performing damage", or the offense which operations when you and such caused the "personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, engineering or organization be added as an surveying services. additional insured to your policy; (ii) "Bodily injury" or "property and damage"occurring after: (b) Any other person or organization (1.1) All work, including you are required to add as an additional insured under the materials, parts or equipment furnished in contract or agreement described connection with such in paragraph (a)above. work, on the project (c) Such person(s)or organization(s) (other than service, is an additional insured only with maintenance or repairs) respect to liability for "bodily to be performed by or on injury", "property damage" or behalf of the additional "personal and advertising injury" insured(s) at the location caused, in whole or in part, by: of the covered operations (I) Your acts or omissions; or has been completed; or (1.2) That portion of "your (II) The acts or omissions of work" out of which the those acting on your behalf; injury or damage arises in the performance of your ongoing has been put to its operations for the additional insured. intended use by any (d) With respect to the insurance person or organization other than another afforded to these additional contractoror insureds, the following additional exclusions apply: subcontractor engaged in pp y. performing operations for This insurance does not apply to: a principal as a part of the (I) "Bodily injury", "property same project. damage" or "personal and (2) Managers Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the only with respect to liability arising out failure to render, any of the ownership, maintenance or use professional architectural, of that part of the premises leased to engineering or surveying services, including: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission you and subject to the following contract or written agreement with additional exclusions: you for such leased equipment ends. This insurance does not apply to: This insurance does not apply to any (a) Any "occurrence" which takes "occurrence" which takes place after place after you cease to be a the equipment lease expires. tenant in that premises. (6) State, Municipality, Governmental (b) Structural alterations, new Agency Or Subdivision Or Other construction or demolition Political Subdivision — Permits Or operations performed by or on Authorizations Relating To Premises behalf of such additional insured. (3) Mortgagee,Assignee Or Receiver Any state, municipality, governmental agency or subdivision or other A mortgagee, assignee, or receiver political subdivision subject to the but only with respect to their liability following additional provisions: as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, maintenance, or use of a covered respect to: premises by you. (I) The following hazards for This insurance does not apply to which the state, municipality, structural alterations, new governmental agency or construction or demolition operations subdivision or other political performed by or on behalf of such subdivision has issued a additional insured. permit or authorization in connection with premises you (4) Owners Or Other Interests From own, rent or control and to Whom Land Has Been Leased which this insurance applies: An owner or other interest from whom (1.1) The existence, land has been leased to you but only maintenance, repair, with respect to liability arising out of construction, erection the ownership, maintenance or use of or removal of that part of the land leased to you and advertising signs, subject to the following additional awnings, canopies, exclusions: cellar entrances, coal This insurance does not apply to: holes, ive , m manholes, marquueesees, (a) Any "occurrence" which takes hoist away openings, place after you cease to lease sidewalk vaults, street that land. banners or decorations (b) Structural alterations, new and similar exposures; or construction or demolition operations performed by or on (1.2) The construction, behalf of such additional insured. erection or removal of (5) Lessor Of Leased Equipment elevators; or Any person(s) or organization(s)from (1.3) The ownership, maintenance or use of whom you lease equipment but only any elevators covered with respect to liability for "bodily by this insurance. injury", "property damage" or "personal and advertising injury" (ii) Operations performed by you caused, in whole or in part, by your or on your behalf for which maintenance, operation or use of the state, municipality, equipment leased to you by such governmental agency or person(s)or organization(s). subdivision or other political A person's or organization's status as subdivision has issued a an additional insured under this permit or authorization. endorsement ends when their written CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 with its permission (b) This insurance does not apply to (iii)Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, (iv) Repackaging, except when municipality, governmental agency or subdivision or other unpacked solely for the political subdivision. purpose of inspection, demonstration, testing, or the (7) Controlling Interest substitution of parts under Any person(s) or organization(s) with instructions from the a controlling interest in the Named manufacturer, and then Insured but only with respect to their repackaged in the original container; liability arising out of: (a)Their financial control of you; or (v) Any failure to make such inspections, adjustments, (b) Premises they own, maintain or tests or servicing as the control while you lease or occupy vendor has agreed to make these premises. or normally undertakes to make in the usual course of This insurance does not apply to structuralbusiness, in connection with alterations, new construction or demolition operations distribution or sale of the products; performed by or for such person(s) or bution organization(s). (vi) Demonstration, installation, (8) Co-Owner Of Insured Premises servicing or repair operations, except such A co-owner of a premises co-owned operations performed at the by you and covered under this vendor's premises in insurance but only with respect to the connection with the sale of co-owner's liability as co-owner of the product; such premises. (vii) Products which, after (9) Vendors distribution or sale by you, r (a) Any person(s) or organization(s) haabeen labeled relabta (referred to as vendor), but only eled or used as a container, with respect to "bodily injury" or part or ingredientor "property damage" arising out of ofany other thing the o "your products" which are substance by or for vendor; or distributed or sold in the regular course of the vendor's business. (viii)"Bodily injury" or "property damage" arising out of the The insurance afforded the vendor does not apply to sole negligence of the vendor for its own acts or omissions (I) "Bodily injury" or "property or those of its employees or damage" for which the anyone else acting on its vendor is obligated to pay behalf. However, this damages by reason of the exclusion does not apply to: assumption of liability in a (1.1) The exceptions written contract or written contained in Sub- agreement. This exclusion paragraphs (iv) or does not apply to liability for (vi); or damages that the vendor would have in the absence of (1.2) Such inspections, the written contract or written adjustments, tests or agreement; servicing as the vendor has agreed to (ii) Any express warranty make or normally unauthorized by you; undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission • in the usual course of B. EXPECTED OR INTENDED INJURY OR business, in DAMAGE connection with the Exclusion 2.a. Expected Or intended Injury of distribution or sale of Section I - Coverage A - Bodily Injury And the products. Property Damage Liability is deleted and (b) This insurance does not replaced by the following: apply to any insured person a. Expected Or Intended injury Or Damage or organization, from whom you have acquired products, "Bodily injury" or"property damage"expected or any ingredient, part or or intended from the standpoint of the insured. container, entering into, This exclusion does not apply to"bodily injury" accompanying or containing or"property damage"resulting from the use of such products. reasonable force to protect persons or 2. With respect to coverage provided by this property. Provision A. Miscellaneous Additional C. KNOWLEDGE OF OCCURRENCE insureds, the following additional provisions Paragraph 2.a. Duties In The Event Of apply Occurrence, Offense, Claim Or Suit of Section a. Any insurance provided to an additional IV - Commercial General Liability Conditions insured designated under Paragraphs is deleted and replaced by the following. A.1.c.(1) through A.1.c.(8) above does a. You must see to it that we are notified as soon not apply: as practicable of an "occurrence" or an (1) To "bodily injury" or "property offense which may result in a claim only when damage" included within the the"occurrence"or offense is known to: "products-completed operations hazard"; or (1) You, if you are an individual; (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company; or such additional insured. (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the written (I) How,when and where the"occurrence"or contract or written agreement. offense took place; 3. With respect to the insurance afforded to the (II) The names and addresses of any injured additional insureds within this Provision A. persons and witnesses, and Miscellaneous Additional Insureds, the (iii) The nature and location of any injury or following is added to Section III — Limits Of damage arising out of the"occurrence"or Insurance: offense. The most we will pay on behalf of the D. LEGAL LIABILITY - DAMAGE TO PREMISES additional insured is the amount of insurance: RENTED TO YOU (Fire, Lightning, Explosion, a. Required by the written contract or written Smoke, Or Leakage From Automatic Fire agreement; or Protective Systems) b. Available under the applicable Limits Of If damage to premises rented to you is not Insurance shown in the Declarations; otherwise excluded from this policy or coverage part, then the following provisions apply: whichever is less. 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph(after the exclusions)is deleted Declarations. and replaced by the following: CL CG 04 9210 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission • Exclusions c. through n. do not apply to you or temporarily occupied by you with damage by fire, lightning, explosion, "smoke", permission of the owner; or leakage from automatic fire protective 5. Subparagraph a. of Definition 9. "Insured systems to premises while rented to you or contract" of Section V — Definitions is temporarily occupied by you with the deleted and replaced by the following: permission of the owner. A separate limit of insurance applies to this coverage as a. A contract for a lease of premises. described in Section III — Limits Of However, that portion of the contract for a insurance. lease of premises that indemnifies any 2. The paragraph immediately after Sub- person or organization for damage by fire, paragraph J.(6)of Paragraph 2.Exclusions of lightning, explosion, "smoke" or leakage Section I—Coverage A—Bodily injury And from automatic fire protective systems to Property Damage Liability is deleted and premises while rented to you or replaced by the following: temporarily occupied by you with permission of the owner is not an"insured Paragraphs (1), (3) and (4) of this exclusion contract". do not apply to"property damage"(other than 6. As used in this Provision D. Legal Liability— damage by fire, lightning, explosion, "smoke", Damage To Premises Rented To You: or leakage from automatic fire protective systems) to premises, including the contents "Smoke" does not include smoke from of such premises, rented to you for a period of agricultural smudging, industrial operations or seven or fewer consecutive days. A separate "hostile fire". limit of insurance applies to Damage To E. MEDICAL PAYMENTS Premises Rented To You as described in Section III—Limits Of insurance. The Medical Expense Limit is changed, subject to 3. Paragraph 6. of Section III — Limits Of the terms of Section III—Limits Of Insurance, to insurance is deleted and replaced by the the Medical Expense Limit shown in the Declarations. following: 6. Subject to Paragraph 5. above, the F. MOBILE EQUIPMENT REDEFINED greater of: Subparagraph f.(1) of Definition 12. "Mobile a. $300,000; or equipment"of Section V—Definitions is deleted and replaced by the following: b. The Damage To Premises Rented To You Limit shown in the Declarations, (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily is the most we will pay under Coverage A - for: for damages because of "property damage"to premises while rented to you, (a) Snow removal; or in the case of damage by fire, lightning, (b) Road maintenance, but not construction explosion, "smoke", or leakage from or resurfacing; or automatic fire protective systems, while rented to you or temporarily occupied by (c) Street cleaning, you with permission of the owner. G. NEWLY FORMED OR ACQUIRED This limit will apply to all damage ORGANIZATION, PARTNERSHIP OR LIMITED proximately caused by the same event, LIABILITY COMPANY AND EXTENDED whether such damage results from fire, PERIOD OF COVERAGE lightning, explosion, "smoke", leakage Paragraph 3. of Section II —Who is An Insured from automatic fire protective systems, or is deleted and replaced by the following: other covered causes of loss or any combination thereof. 3. Any organization you newly acquire or form, other than a joint venture, and over which you 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. maintain ownership or: Other Insurance of Section IV Commercial General Liability Conditions is a. Majority interest of more than 50% if you deleted and replaced by the following: are a corporation, (II) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a or leakage from automatic fire protective general partner of a newly acquired or systems insurance for premises rented to formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 with its permission • c. Majority interest of more than 50% as an c. Past partnership, joint venture or limited owner of a newly acquired or formed liability company; limited liability company; that is not shown as a Named Insured in the will qualify as a Named Insured if there is no Declarations. other similar insurance available to that I. NON-OWNED WATERCRAFT organization. However, for these organizations: Subparagraph (2) of Exclusion 2.g. Aircraft, (1) Coverage under this provision is afforded Auto Or Watercraft of Section I—Coverage A— only until the next anniversary date of this Bodily injury And Property Damage Liability is policy's effective date after you acquire or deleted and replaced by the following: form the organization, partnership or (2) A watercraft you do not own that is: limited liability company, or the end of the (a) Less than 51 feet long; and policy period, whichever is earlier; (II) Section I -Coverage A- Bodily Injury (b) Not being used to carry persons or And Property Damage Liability does not property for a charge. apply to "bodily injury" or "property J. SUPPLEMENTARY PAYMENTS - INCREASED damage" that occurred before you LIMITS acquired or formed the organization, Section I — Supplementary Payments — partnership or limited liability company; Coverages A And B is changed as follows: (III) Section I—Coverage B—Personal And Advertising Injury Liability does not 1. The limit shown in Paragraph 1.b.for the cost apply to "personal and advertising injury" of bail bonds is changed from $250 to$3,000; arising out of an offense committed before and you acquired or formed the organization, 2. The limit shown in Paragraph 1.d. for loss of partnership or limited liability company; earnings because of time off from work is (iv)Coverage applies only when operations of changed from $250 a day to$1,000 a day. the newly acquired organization, K. UNINTENTIONAL OMISSION OR partnership or limited liability company are UNINTENTIONAL ERROR IN DISCLOSURE the same or similar to the operations of insureds already covered under this The following provision is added to Paragraph 6. insurance; Representations of Section IV - Commercial General Liability Conditions: (v) Coverage only applies for those limited liability companies who have established However, the unintentional omission of, or a date of formation as recorded within the unintentional error in, any information given or filed state articles of organization, provided by you shall not prejudice your rights certificates of formation or certificates of under this insurance. organization; and This provision does not affect our right to collect (vi)Coverage only applies for those additional premium or to exercise our right of partnerships who have established a date cancellation or non renewal. of formation as recorded within a written L. WAIVER OF TRANSFER OF RIGHTS OF partnership agreement or partnership RECOVERY AGAINST OTHERS certificate. The following is added to Paragraph 8. Transfer H. WHO IS AN INSURED-AMENDMENT Of Rights Of Recovery Against Others To Us of The last paragraph of Section II - Who Is An Section IV - Commercial General Liability Insured is deleted and replaced by the following: Conditions. No person or organization is an insured with We waive any right of recovery we may have respect to the conduct of any: against any person or organization because of payments we make for injury or damage arising a. Current partnership or limited liability out of your ongoing operations or"your work"and company, unless otherwise provided for under included in the "products-completed operations Paragraph 3. of Section II — Who Is An hazard" when you have agreed in a written Insured; contract or written agreement that any right of b. Current joint venture; or recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the"bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001,that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1)(d) of Section II - Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess,contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liability Conditions. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART - PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 City of Salina,Kansas PERFORMANCE BOND qqR -6 2 2� n en27 ,f) "CONTRACTOR" "SURETY" Name Name and Principal Place of Business Westfield Insurance Co. Ponton Construction,Inc. Westfield Group Address Address 1325 Armory Rd One Park Circle,PO Box 5001 City, State,Zip City, State,Zip Salina, KS 67401-4067 Westfield Center, OH 44251-5001 "CITY": "PERFORMANCE BOND" Bond Number City of Salina P.O. Box 736 320129V Salina,KS 67402-0736 Bond Amount $49,735.00 Bond Date(not earlier than Contract date stated below) 5/z7/zy 1. The Contractor has,on the 77 day of tall ,2024,entered into a contract with the City ("Contract"), for the furnishing of all mater als and labor and doing all the work of whatever kind necessary to construct certain improvements for the City,which are generally described as follows: 2024 Brick Street Repair (briefly describe project) all in accordance with the detailed plans and specifications for such work on file in the office of the City,and in accordance with the Contract. 2. Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the City for the performance of the Contract, which is incorporated herein by reference. 3. If the Contractor performs and fulfills all of the undertakings, covenants, terms, conditions, and agreements of the Contract, the Surety and the Contractor shall have no further obligation under this Performance Bond. Revised 1-2-15 23 City of Salina,Kansas PERFORMANCE BOND 4. The Surety's obligation under this Performance Bond shall arise after the City has declared a Contractor Default as defined below, formally terminated the Contract or the Contractor's right to complete the Contract,and notified the Surety of the City's claim under this Performance Bond. 5. When the City has satisfied the conditions of Paragraph 4 above, the Surety shall, at the Surety's sole cost and expense, undertake one or more of the following actions: 5.1. Arrange for the Contractor to perform and complete the Contract, provided, however,that the Surety may not proceed with this option,except upon the express written consent of the City,which consent may be withheld by the City for any reason; 5.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the City for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the City and contractor selected with the City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the City the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the City resulting from the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: i. After investigation, determine the amount for which it may be liable to the City and, as soon as practicable after the amount is determined, tender payment therefore to the City; or ii. Deny liability in whole or in part and notify the City citing reasons therefore. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Performance Bond three (3) business days after receipt of written notice from the City to the Surety demanding that the Surety perform its obligations under this Performance Bond, and the City shall be entitled to enforce any legal or equitable remedies available to the City. If the Surety proceeds as provided in subparagraph 5.4, and the City refuses the payment tendered or the Surety has denied liability, in whole or in part, the City shall be entitled without further notice to Surety to enforce any legal or equitable remedies available to the City. 7. After the City has terminated the Contract or the Contractor's right to complete the Contract, and if the Surety is proceeding under subparagraph 5.1, 5.2, or 5.3 above, then the responsibilities of the Surety to the City shall not be greater than those of the Contractor under the Contract, and the responsibilities of the City to the Surety shall not be greater than those of the City under the Contract. To the limit of the amount of this Performance Bond, but subject to commitment by the City of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: Revised 1-2-15 24 City of Salina,Kansas PERFORMANCE BOND 7.1. The responsibilities of the Contractor for correction of defective or unsuitable work and performance and completion of the Contract; 7.2. Additional legal,design professional,and delay costs incurred by the City as a result of the Contractor's Default, and as a result of the Surety's actions or failures to act under Paragraph 5 above; 7.3. Liquidated damages as specified in the Contract, or, if no liquidated damages are specified in the Contract, actual damages incurred by the City as a result of delayed performance or non-performance of the Contract by the Contractor or the Surety; and 7.4. Payment of all unpaid and due and owing fees or payments owed to the City under the Contract at the time of the Contractor Default. 8. To the extent of payment to the Surety of the Balance of the Contract Price,the Surety shall defend, indemnify, and hold harmless the City from all claims, suits, causes of actions, and demands (including all costs of litigation and reasonable attorneys' fees), which are brought against the City by the Contractor or any other party and which arise from or by reason of payment to the Surety the Balance of the Contract Price. 9. The Surety hereby waives notice of any change or modification to the Contract, including changes of time,or changes to related subcontracts, purchase orders,and other obligations. 10. Any proceeding, suit, or claim, legal or equitable, under this Performance Bond shall be instituted in the Saline County, Kansas District Court and shall be instituted within two years of the date on which the Surety refuses or fails to perform its obligations under this Performance Bond, in accordance with Paragraph 5 above. 11. All notices to the Surety or the Contractor shall be mailed or delivered to the respective addresses shown on the first page. In the event of a change in the address of the Surety or the Contractor, such party shall promptly provide notice to the City and the other party,with such notice to include a reference to the Contract and this Performance Bond. 12. This Performance Bond and its validity, construction, and performance shall be governed by the laws of Kansas. 13. Definitions. As used herein,the following terms shall have the following definitions: 13.1. "Balance of the Contract Price" shall mean the total amount payable by the City to the Contractor under the Contract after all proper adjustments have been made, including change orders and credits due the City,reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract and reduced further by all direct costs and expenses incurred by the City as a result of the Contractor Default, including costs of additional supervision or inspection by the City of the Contractor's work under the Contract and fees and expenses paid to consultants or others hired by the City for purposes of monitoring or investigating the Contractor's work under the Contract. Revised 1-2-15 25 City of Salina,Kansas PERFORMANCE BOND 13.2. "Contract" shall mean the agreement between the City and the Contractor identified in Paragraph 1 above, including all related contract documents and changes thereto. 13.3. "Contractor Default" shall mean the failure of the Contractor to perform or otherwise comply with the terms of the Contract. IN TESTIMONY WHEREOF,the Contractor has hereunto set its hand, and the Surety 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 Z 7 day of 4yg71 ,2024. CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal cJJ Westfield Insurance Co. Westfield Group Print Name Archie Ponton rAA.-/-11 -1/LUCCO VILUWC\ Title By: Signature (Attach Power of Attorney) President Erin Nicole Burch Print Name Attorney In Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-15 26 L.. City of Salina,Kansas ;r STATUTORY PAYMENT BOND - (Pursuant to K.S.A. §60-1111) 2222 j; '^ j ^, ;n "CONTRACTOR" "SURETY" Name Name and Principal Place of Business Westfield Insurance Co. Ponton Construction,Inc. Westfield Group Address Address 1325 Armory Rd One Park Circle,PO Box 5001 City, State,Zip City, State,Zip Salina,KS 67401-4067 Westfield Center,OH 44251-5001 "CITY": "PERFORMANCE BOND" Bond Number City of Salina P.O. Box 736 320129V Salina,KS 67402-0736 Bond Amount $49,735.00 Bond Date(not earlier than Contract date stated below) 8/z7/zy 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 Z 7 day of A44 a,s/- , 2024,entered into a contract with the City ("Contract"), for the furnishing of all mat rials and labor and doing all the work of whatever kind necessary to construct certain improvements for the City, which are generally described as: 2024 Brick Street Repair (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 7 7 day of i4y,4f 2024. CONTRACTOR AS PRINCIPAL SURETY By: Signature Surety's Name and Corporate Seal ad 40 Westfield Insurance Co. Westfield Group Print Name Archie Ponton �1.�1�1 Itt&I 1511.1,41. Title By: Signature (Attach Power of Attorney) President Erin Nicole Burch Print Name Attorney In Fact Title (A certified copy of the agent's Power of Attorney must be attached hereto.) Revised 1-2-1 5 28 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 08/12/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO 1500012 03 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make,constitute and appoint MARK A. SKIDMORE, ERIN NICOLE BURCH,JAMES D.WILSON, TARA B. EARLEY,ALEXI DAWN MAI,ALICIA WEILAND, JENNIFER D. FESSENDEN, SHAWN MYERS, SHAWN GALLARDO,AARON HALE,JOINTLY OR SEVERALLY of SALINA and State of KS its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit.- - . - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by itsSecretary,Secretarauthorityy, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in theWESTFIELD INSURANremises. Said CE COMPANY,WESTFIELD NATointment is made under and IONAL INSURANof CE COMPANY following and OHIO Folution ARMERted S INSURANCE the Board f Directors COMPANY: each of the "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-In-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 12th day of AUGUST A.D.,2022 . Corporate -syR,�p,,w �tnNAi , WESTFIELD INSURANCE COMPANY Seals `,..• •C�t� °�P.••• •.UpG.; r�•' V� WESTFIELD NATIONAL INSURANCE COMPANY Affixed/rr)# •+� is' :'o; ••SP1. OHIO FARMERS INSURANCE COMPANY a1►i ( sEALr •, = 0• ; c,14.1 . _ , s� n v //,; State of Ohio By'. County of Medina ss.: Gary W. tumper, Nation}Surety Leader and Senior Executive On this 12th day of AUGUST A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial , .• � .0)/iii,d/a0A- Seal ,� .ALS'.y Affixed •,, �� ��� • k _.E.... State of Ohio vi, ) , /o David A. Kotnik, Attorney at Law, Notary Public County of Medina SS.: \y 4�' N,- My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) rEOF ° I, Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this'V? day of A.D., -00 C$4.i .•,t-p,........,, I• L it f.--`7:i SEAL E,94:1. i:ftl% _ .ar. sil ••• ••.••r V,,� •-,•• ...-....... . 4 . •�P. ry Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) PUBLIC WORKS DEPARTMENT TELEPHONE • (785)309-5725 Jim Teutsch,Director of Public Works CNyof FAX • (785)309-5713 Jim Kowach,P.E., Operations Manager TDD • (785)309-5747 E-MAIL:jim.teutschasalina.org j im.kowachAsalina.org 300 West Ash • P.O.Box 736 Salina,Kansas 67402-0736 Sena WEBSITE • www.salina-ks.gov August 13,2024 Ponton Construction, Inc. 1325 Armory Road Salina, KS 67401 RE: Notice of Award for City of Salina Project No. 24025 Dear Ponton Construction, Inc.: The City of Salina has considered your Bid dated 7/18/2024 for the above Project. You are the successful Bidder and are awarded a Contract for 2024 Brick Street Repair. The Contract Price of your Contract is Forty-Nine Thousand, Seven Hundred Thirty-Five dollars. ($49,735.00). The Proposed Contract accompanies this Notice of Award, along with one (1) copy of the Performance Bond and one(1) of the Statutory Payment Bond forms. As a condition precedent to the Contract award, you must deliver the following documents to the City Clerk, City- County Building, 300 W.Ash, Room 206, P.O. Box 736, Salina, Kansas 67402, within ten (10) days of the date you receive this Notice of Award: 1. Three(3) fully-executed counterparts of the Contract. 2. (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. Sincere , J0::) =Wita---- Enclo es Enuineerinu • Streets • Trallic Control • Hood Control • Central Garage • Sanitation •Landfill Our Mission is to Build and Maintain a Clean, Safe Community NOTICE OF AWARD 30 DEPARTMENT OF PUBLIC WORKS TELEPHONE • (785)309-5725 Jim Teutsch,Director of Public Works FAX FAX • (785)309-5713 Jim Kowach, P.E., Operations Manager :111110 TDD • (785)309-5747 E-MAIL:jim.teutsch@salina.org -441111111r1 iim.kowach@salina.org 300 West Ash • P.O.Box 736 Salina,Kansas 67402-0736 Sena WEBSITE• www.salina-ks.gov NOTICE TO PROCEED August 29,2024 Project: 2024 Brick Street Repair Owner: City of Salina Owner's Contract No.: Contract: Engineer's Project No.: 24025 Ponton Construction, Inc. Contractor: 1325 Armory Road Salina,KS 67401-4067 You are notified that the Contract Times under the above Contract will commence to run on August 29, 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 April 30,2025,and the date of readiness for final payment is May 31, 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 ,4! Authorized Signature RANDY LAMER CIVIL ENGINEERING TECH II Date: August 29, 2024 Copy to Engineer Engineering • Streets • Traffic Control ♦ Hood Control • Central Garage ♦ Sanitation •Landfill Our Mission is to Build and Maintain a Clean, Safe Community NOTICE TO PROCEED 32 CERTIFICATE OF SUBSTANTIAL COMPLETION Date of Issuance: Project: City of Salina Owner: P.O. Box 736 Owner's Contract No.: Salina,KS 67402-0736 Contract: Engineer's Project No.: Contractor: Contractor's Address: This Certificate of Substantial Completion applies to: ❑A1I Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete as of the date designated above. A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑ Amended Responsibilities ❑Not Amended Owner's Amended Responsibilities: Revised 2-1-16 33 CERTIFICATE OF SUBSTANTIAL COMPLETION Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Inspector Date Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date Revised 2-1-16 34 CERTIFICATE OF FINAL COMPLETION Date of Issuance: Project: City of Salina Owner: P.O. Box 736 Owner's Contract No.: Salina,KS 67402-0736 Contract: Engineer's Project No.: Contractor: Contractor's Address: This Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Final Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer. Per Section 45 of the City's General Clauses for Construction Contracts and written notice from the Contractor that the entire Work is completed and ready for final payment, the Engineer has made a final inspection. In the opinion of the Engineer, the contractor has satisfactorily completed the Work, including all punch list items. This certificate serves as the commencement date for the two-year warranty period pursuant to Section 46 of the General Clauses. If within two years after final acceptance of the Work as a whole,any Work is found to be defective,or if the repair of any damages to the land or areas made available for Contractor's use is found to be defective,the Contractor shall promptly,without cost to the City and in accordance with the City's written instructions: (a) Correct such defective Work; or (b) Repair such defective land or areas; or (c) If the defective Work has been rejected by the City,remove it from the Site and replace it with Work that is not defective;and satisfactorily correct or repair, or remove and replace, any damage to other Work,to the work of others, or other land or areas resulting therefrom. Revised 2-1-16 35 CERTIFICATE OF FINAL COMPLETION If the Contractor does not promptly comply with the terms of the City's written instructions,or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by the Contractor. Where defective Work (and damage to other Work resulting therefrom)has been corrected or removed and replaced under this section, the warranty period hereunder with respect to such Work will be extended for an additional period of two years after such correction or removal and replacement has been satisfactorily completed. The Contractor's obligations under this section are in addition to any other obligation or warranty, and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations or repose. Executed by Inspector Date Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date Revised 2-1-16 36 CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS 1. APPLICATION 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. WATER, 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 10. NOTICES 45 11. OBSTACLES AND OBSTRUCTIONS 45 a. Subsurface Obstructions 46 b. Surface Obstructions 46 c. Public Utilities 46 d. Trees and Shrubs 47 e. Sodded and Landscaped Areas 47 f. Privately Owned Obstructions 47 12. SALVAGED MATERIALS 47 13. MATERIALS FURNISHED BY CITY 47 14. BARRIERS AND LIGHTS 47 15. RESPONSIBILITY FOR PROPERTY DAMAGE 47 16. PUBLIC CONVENIENCE 48 17. QUALITY OF MATERIALS AND EQUIPMENT 48 18. WORKMANSHIP 48 19. PRESERVATION OF MONUMENTS AND MARKERS 48 20. TEST SAMPLES AND SPECIMENS 48 21. SPECIAL CONSTRUCTION METHODS 49 22. SHOP AND ERECTION DRAWINGS 49 23. REPRESENTATION 49 24. COOPERATION 49 25. INCIDENTAL WORK 50 26. FINAL CLEAN UP 50 27. RESPONSIBILITIES OF THE CONTRACTOR 50 28. SANITARY CONVENIENCES 51 Revised 1-11-18 38 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 CON TRACT DOCUMENTS 51 32. INSPECTION 51 33. WORK AFFECTED BY WEATHER 52 34. CONTROL AND REGULATION OF WORK 52 35. USE OF COMPLETED PORTIONS 52 36. VARIATIONS, CHANGES AND MODIFICATIONS 52 37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE 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 TABLE OF CONTENTS Revised 1-11-18 40 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 1. APPLICATION. These General Clauses are a part of the Contract Documents and shall be binding upon all parties, except for the parts obviously not applicable to the particular Contract, or if specifically revised,modified or supplemented by the technical Specifications, Bid, or Change Order. 2. DEFINITIONS. When the following terms are used in the Specifications or other Contract Documents,the intent and meaning shall be interpreted as follows: (a) BID. The written offer of the Bidder to perform the contemplated Work in accordance with the Contract Documents and setting forth the prices for the Work to be performed. (b) BIDDER. Any individual, partnership, firm or corporation submitting a proposal for performing the Work. (c) CHANGE ORDER. A written proposal and agreement,executed by the Contractor and City and accompanied by new surety bonds in the full amount of the change order, covering Work not included in the original Contract Documents. The City reserves the right to waive the requirements of new surety bonds. Change orders shall include such supplemental drawings and technical specifications as may be required to show the location, character, details, and extent of the additions, deletions,or modifications. If applicable unit prices for these additions or deletions are not contained in the original Contract Documents or if the total net change increases or decreases the total Contract Price more than twenty-five percent (25%) the City shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from the Contractor covering the Work involved in the change. If the proposal is acceptable,the Engineer shall then prepare a Change Order which includes a detailed description of the change in the Work,a definite statement as to the resulting change in the Contract Price and/or time,and a statement that all Work involved in the change shall be performed in accordance with Contract requirements except as modified by the Change Order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached,the City may order the Contractor to proceed with the Work on a"Force Account"basis pursuant to Section 41 below. (d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or through legally authorized officials. Revised 1-11-18 41 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (e) CONTRACT. The written agreement covering the performance of the Work. (f) CONTRACT DOCUMENTS. Those items so designated as the "Contract Documents"in the Contract. (g) CONTRACT PRICE. The moneys payable by the City to the Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Contract. (h) CONTRACT TIMES. The number of days or the dates stated in the Contract Documents to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and(iii)complete the Work so that it is ready for final payment. (i) CONTRACTOR. The individual, partnership, firm, or corporation executing a Contract, acting directly or through lawful agents or employees, and who is primarily liable for the acceptable performance of the Work under Contract and for payment of all legal debts pertaining thereto. (j) DRAWINGS. The working drawings,supplemental drawings,or reproductions of the drawings showing the location,dimensions,and details of the Work to be done. (k) ENGINEER. The City Engineer of the City of Salina, Kansas, or the City Engineer's designated consulting engineer. (1) INSPECTOR. An authorized representative of the Engineer or an authorized representative of the City assigned to inspect the Work performed or materials furnished by the Contractor, or all other duties required for construction of the project as set forth in the Specifications. (m)MILESTONE. A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. (n) NOTICE TO PROCEED. A written notice given by the City to the Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work on the Contract Documents. (o) SITE. Land or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of the Contractor. (p) SPECIFICATIONS. The directions,provisions,and requirements pertaining to the method and manner of performing the Work,to the kind and type of equipment,or Revised 1-11-18 42 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS to the qualities of materials to be furnished. (q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are hereby made a part of the Contract Documents to the same extent as if fully set forth herein. Reference to such "Standard Specifications" shall be deemed to refer to the latest standard and tentative standards as are in force on the date Bids are received. (r) SUBSTANTIAL COMPLETION. The time at which the Work(or a specified part thereof)has progressed to the point where,in the opinion of the Engineer,the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that it can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to the"Substantial Completion"thereof. (s) WORK. The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the construction project required to be provided under the Contract Documents, and the carrying out of all the duties and obligations imposed by the Contract. 3. TERMINOLOGY. The words and terms discussed below are not defined but, when used in the Contract Documents,have the following indicated meaning: (a) DAY. The word"day"means a calendar day of 24 hours measured from midnight to the next midnight. (b) DEFECTIVE. The word"defective,"when modifying the word"Work,"refers to Work that is unsatisfactory, faulty, or deficient in that it: i. Does not conform to the Contract Documents; ii. Does not meet the requirements of any applicable inspection, reference standard,test, or approval referred to in the Contract Documents; or iii. Has been damaged prior to the Engineer's recommendation of final payment(unless responsibility for the protection thereof has been assumed by the City in accordance with Section 35). (c) FURNISH. The word"furnish,"when used in connection with services,materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site(or some other specified location)ready for use or installation and in usable or operable condition. Revised 1-11-18 43 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (d) INSTALL. The word "install," when used in connection with services,materials, or equipment, shall mean to put into use or place in final position said services, materials,or equipment complete and ready for intended use. (e) PERFORM; PROVIDE. The words "perform" or "provide," when used in connection with services,materials,or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. When "furnish," "install," "perform," or"provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. 4. COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED. The Contract Times will commence to run on the thirtieth day after the effective date of the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the effective date of the Contract. 5. BONDS. The Contractor shall furnish such surety bonds as hereinafter identified and described.Any and all bonds shall be so written as to make the Contract Documents a part thereof, whether by reference or attachment, in order to give the surety full notice of the conditions thereof. Each bond shall be a legally issued surety drawing in an amount not less than the total Contract Price,meeting the approval of the City and all other parties concerned as required by law as to form, tenor, execution and surety, and shall be delivered to the City,along with the executed Contract, within ten (10) days after the City's notice of award. The Contractor shall have no rights under the Contract until such acceptable bonds have been furnished and delivered. The City may waive the conditions as to time, and the acceptance of said bonds after expiration of the specified interval shall not affect the validity of the Contract or any such bonds. The Contractor shall furnish the following: (a) PERFORMANCE BOND. A performance bond, in the form provided by the City, running to the City, conditioned upon the prompt, full, and complete performance by the Contractor as principal of all covenants, obligations, and agreements contained in the Contract Documents. The performance bond shall remain in effect until completion of the two (2)year warranty period specified in Section 46 below. (b) STATUTORY BOND. A payment bond,in the form provided by the City,running to the State, conditioned that the Contractor as principal shall pay all indebtedness incurred for labor, supplies, equipment, and materials furnished in making the improvements called for by the Contract Documents. 6. INSURANCE REQUIREMENTS. The Contractor shall purchase and maintain, and shall require each of its authorized subcontractors to obtain and maintain, for the duration of the Contract, policies of insurance, Revised 1-11-18 44 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS providing such coverages and meeting such requirements as specified in Schedule A attached hereto. 7. PATENTED DEVICES AND PROCESSES. All fees, royalties,and licenses for any patented invention, device,article, or process used in, upon, or in connection with the construction, erection, or operation of the Work or any part thereof, shall be included in the Contract Price or prices; and the Contractor shall hold the City harmless against any claim or demand for payment of such. 8. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the Work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required arrangements,ascertain the applicable rates,and pay for all such water,gas,and electricity so used, unless a specified exemption is made in the technical Specifications. 9. PERMITS, LICENSES AND REGULATIONS. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances,rules, and regulations bearing on the conduct of the Work as drawn and specified. 10. NOTICES. The Contractor shall give written notice, not less than twenty-four (24) hours before breaking ground for the project, to all persons in charge of any property that may be affected by the Work or related operations. The Contractor shall not hinder or interfere with any persons performing Work as required to care for and protect property from possible damage during construction of the proposed improvements. The Contractor shall notify the Engineer or Inspector prior to beginning, suspending, or resuming operations. Such notice shall be issued in sufficient time to allow the necessary preparations to be made and the proper persons to be present. 11. OBSTACLES AND OBSTRUCTIONS. Natural obstructions and publicly owned existing facilities and improvements encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the Drawings. Care shall be used while excavating,trenching, or performing other Work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at the Contractor's expense. All Work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the City and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. Revised 1-11-18 45 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS Unless otherwise provided in the Bid, no separate or additional payment will be made for any Work in connection with removal,relocation,or restoration of obstructions and existing facilities. (a) SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and services, gas mains and services, storm drains and pipe culverts, underground conduits,cables,and similar buried obstructions. The drawings indicate the general location of certain utilities and facilities; the Contractor shall make a reasonable effort to ascertain the existence of obstructions by inquiry and examination of public and private utility maps, and shall locate obstructions by digging in advance of machine excavation where definite information is not available as to their exact location. Where such facilities are unexpectedly encountered and damaged, responsible officials and other affected parties shall be notified and proper arrangements made for the prompt repair and restoration of service, subject to the requirements of Section 11(c)below. (b) SURFACE OBSTRUCTIONS. Sidewalks, curb and gutter, drainage structures, and similar obstructions may be tunneled under if the length of tunnel sections at pipe is not more than eight feet; otherwise the obstruction shall be cut in straight lines parallel to the pipeline, or removed to the nearest construction joint if located within five feet of the centerline of the trench; provided that, in no case shall the joint or line of cut be less than one foot outside the edge of the trench. Surface obstructions removed to permit construction shall be reconstructed as specified for new construction,or if not specified, in accordance with accepted standard practice and to the dimensions,lines,and grades of original construction. Backfill of tunnel sections shall be rammed in place as directed. (c) PUBLIC UTILITIES. Public utility pipelines, poles, cables, conduits, and wires which interfere with construction shall, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible to bypass or work around the facility,the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. The cost of such removal or relocation work shall be borne by the City,provided that the facility to be removed or relocated has been installed at a specific location and specified depth under terms written in the franchise; otherwise all costs shall be borne by the utility company. The City shall notify the utility company in writing of the approximate date on which construction Work will begin. Such notice shall be given sufficiently in advance of beginning construction to allow adequate time for the removal or relocation Work to be accomplished by the utility company without interfering with construction schedules. In the event that required removal or relocation Work has not been accomplished prior to construction at the location,the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. Revised 1-11-18 46 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (d) TREES AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed or hauled away. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without resorting to hand methods of excavation,and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. (e) SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas such as parkings on or adjacent to improved property shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location,the trenches and other disturbed areas shall be carefully hand raked to allow the private property owner to re-seed grass or otherwise maintain the area. (f) PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on public property, such as fences, small buildings, or similar obstructions, will be removed by their respective owners upon notification from the City. Should progress of the Work be unduly delayed through such procedure, the Contractor may remove, relocate, or reconstruct portions of fences at the Contractor's own responsibility and expense, or by separate negotiation with the respective owner. 12. SALVAGED MATERIALS. All salvaged materials not the property of other parties or required for new construction shall remain the property of the City. The Contractor shall handle, transport, and store such salvaged materials at designated points or locations at no additional cost to the City. The Contractor shall be responsible for the care and protection of such materials until delivered to the designated location; and the Contractor shall make good any losses occasioned by damage,theft, or misappropriation while the materials are on the work site or in route to the place of storage. 13. MATERIALS FURNISHED BY CITY. All materials, supplies, or equipment furnished by the City for incorporation in the Work shall be handled and transported by the Contractor at the Contractor's expense from cars, warehouses, or yards where received or stored by the City. The Contractor shall include in the Contract Price or prices all costs in connection with handling,sorting,protecting,and installing all such materials, supplies, or equipment furnished by the City, and shall make good all losses and breakage due to carelessness or negligence while same are in the Contractor's possession. 14. BARRIERS AND LIGHTS. As required to prevent accidents to the general public and to workers,the Contractor shall provide all materials and labor to erect and maintain fences, barriers, barricades, and warning signs; provide and maintain flares, lanterns,and lights. Revised 1-11-18 47 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 15. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to buildings, structures, trees, shrubbery, or other property located outside the construction limits, or located within those limits but not designated for removal or reconstruction, providing such damage shall result from the wrongful acts, errors, mistakes, omissions, or defective Work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of the Work. 16. PUBLIC CONVENIENCE. During the progress of the Work,the convenience of the local public and of residents along the Work shall be considered and, where possible, their rights of access shall be preserved. Temporary driveways, approaches, and crossings shall be provided where practicable and maintained in good condition. Construction materials shall be so stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; fire hydrants shall remain ready for immediate use by the fire department. 17. QUALITY OF MATERIALS AND EQUIPMENT. All materials shall meet the requirements of the technical Specifications or, if not specified, shall meet the generally accepted commercial standards for such materials when used for the intended purposes. No materials shall be incorporated in the Work until they have been examined and approved by the Inspector, nor shall construction equipment be used which has not received the Inspector's approval. All rejected materials and equipment shall be removed promptly from the site. Wherever in any of the Contract Documents an item of material or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted,shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturers' products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 18. WORKMANSHIP. All improvements shall be constructed in a neat and workmanlike manner. Improper or defective Work shall be corrected and if necessary removed,replaced, or reconstructed to comply with the plans and Specifications. The Contractor shall be held responsible for the quality of the entire Work;should the Contractor refuse or neglect to remedy defects when ordered to do so,the City may require the condemned portions to be replaced,restored,repaired,or reconstructed at the expense of the Contractor or the Contractor's surety. 19. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments,benchmarks,and markers of the local, state, or federal government, and shall not excavate within five (5) feet of any of them without specific permission of the Engineer or Inspector. Revised 1-11-18 48 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 20. TEST SAMPLES AND SPECIMENS. Properly identified test samples and specimens shall be submitted by the Contractor in ample time to permit tests to be conducted, and results determined, well in advance of the time such materials are to be incorporated in the Work. Samples and specimens shall be submitted in standard or ample sizes and quantities for the determination of all specified tests, and shall be shipped charges prepaid to an approved testing laboratory. Commercial laboratories shall be instructed to distribute copies of test results to the Contractor, City,Inspector, and Engineer. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. No charges will be made for tests performed by the Engineer or his inspectors. 21. SPECIAL CONSTRUCTION METHODS. The Engineer or Inspector may assent to special methods of construction or means of prosecuting the Work other than as provided or stipulated in the technical Specifications, but his assent or his presence on the Work while such special methods are in use shall not constitute a waiver of the Contract, or any part thereof,by the City. Nor shall the fact the Engineer may have seen Work executed which later is found to be defective, nor shall any act of his assistants or inspectors,constitute a waiver of any part of the Contract. The Contractor shall be held responsible for the quality of the entire Work. 22. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for review to the Engineer six copies of all shop and erection drawings for structural and reinforcing steel, special drawings, and layouts for equipment or machinery to be furnished under the Contract, and any similar or supplemental drawings required for prosecution of the Work. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from Drawings or Specifications, nor shall it relieve the Contractor from responsibility for errors of any sort in shop drawings or schedules. 23. REPRESENTATION. The Contractor shall be represented on the Work at all times by a competent superintendent,satisfactory to the Engineer or Inspector and capable of reading and understanding the Drawings and Specifications. The superintendent shall have full authority to employ required workers, order materials, arrange for construction equipment, and otherwise represent or act on behalf of the Contractor; any direction given to the superintendent by the Engineer or Inspector shall be as binding as if given to the Contractor. 24. COOPERATION. The Contractor shall give to the Work the constant attention necessary to facilitate the progress and shall cooperate in every possible way with the Engineer or his Inspectors, with the City,and with other contractors or constructors concerned in the Work. The Contractor shall plan and schedule the Work to the mutual benefit of all interested parties and shall perform the Work in accordance with the agreed schedule. In case of controversy, the Engineer will allocate the Revised 1-11-18 49 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS Work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the Contract by the City. 25. INCIDENTAL WORK. All Work to be done by the Contractor as shown on the Drawings and described in the Specifications, including any and all minor details not specifically shown or described but obviously essential to the proper completion of the Work,shall be considered as subsidiary to,and included with, the Work for which prices are named in the Contract Documents. The Contractor shall not be entitled to any extra or additional compensation for such incidental Work unless otherwise specified. 26. FINAL CLEANUP. Immediately upon completion of the Work or any usable unit,the Contractor shall remove all surplus or unused materials from the vicinity of the Work, leaving the entire site in a clean, sightly, and pleasing condition, conforming to the grades and contours shown on the Drawings or designated by the Inspector. 27. RESPONSIBILITIES OF THE CONTRACTOR. All Work shall conform to the technical Specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions shown on the Drawings or given by the Inspector. Before commencing Work, the Contractor shall be responsible for ensuring the correctness and meaning of all stakes and marks. No claim will be entertained for, or on account of, alleged inaccuracies unless the Contractor notifies the Engineer or Inspector thereof in writing before commencing the Work. The Contractor under the Contract Prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or otherwise furnished as specified, and shall perform all operations necessary to construct and complete the improvements, ready for use, including all preparatory, temporary, and incidental Work. The Contractor shall be responsible for the protection of all Work under the Contract; any Work or materials damaged or impaired from any cause prior to final acceptance of the completed whole shall be restored or reconstructed by the Contractor at the Contractor's sole expense. All losses or damages arising from the nature of the Work to be done,from the action of the elements, or from unforeseen circumstances or difficulties, shall be sustained by the Contractor; such losses or damages shall not relieve the Contractor of responsibility to fulfill the Contract and to deliver a completed Work in accordance with the Contract Documents. The Contractor shall provide the Engineer and his representatives free access to any and all parts of the Work, whether within the construction limits or at any place where material intended for incorporation in the project is procured, produced, or manufactured. The Contractor shall furnish all required information relating to the Work or materials, including copies of invoices, bills of lading, waybills, and test reports. The Contractor shall be present at, and assist in,the final inspection of the project and shall furnish all labor and equipment required for final tests. Revised 1-11-18 50 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 part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate from or to relax the Specifications without written permission of the Engineer or to delay the Work by failing to inspect or field test any of the Work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress, and will prepare such progress reports as required during construction and at monthly intervals will prepare,and submit to the City,periodic payment estimates based on the amount and value of all Work performed to date by the Contractor. 33. WORK AFFECTED BY WEATHER. The Inspector may order such parts of the Work suspended should the weather or season be such that any part of the Work cannot be done properly and with due regard to durability,finish, or appearance. The Contractor may be required to protect the several parts of exposed Work from damage by the elements or other causes. 34. CONTROL AND REGULATION OF WORK. The Engineer or Inspector shall have the authority to exercise their judgment and initiative in the control and regulation of the Work. The Engineer or Inspector may regulate the amount of Work open or under construction in advance of completed portions and require the Contractor to place materials and perform Work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. 35. USE OF COMPLETED PORTIONS. The City shall have the right to take possession of and use any completed portion or usable unit of the Work at any time, but such possession and use shall not be deemed an acceptance of any Work not constructed or completed in accordance with the Contract Documents. If such prior use delays the completion or increases the cost of the Work,the Contractor shall be entitled to such extension of time or extra compensation, or both, as the Engineer may determine. The City, in taking possession prior to final acceptance, shall agree to abide by the Engineer's decision relative to responsibility for damages to the Work during the period of such prior possession and use. 36. VARIATIONS, CHANGES AND MODIFICATIONS. The Work contemplated in the Contract Documents may be subject to such changes as normally occur during construction. The Engineer, as authorized by the City, may order minor variations in the Work,provided such variations are consistent with the intent of the Drawings and Specifications, and improve or expedite the Work. The Engineer may, without written order or other formality, correct obvious errors in the Drawings and Specifications or make such minor adjustments as are required to adapt the Work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the Drawings and Specifications,and do not materially affect the total Contract Price. The City reserves the right to make such changes in the Drawings,the Specifications, and other changes in the Contract quantities as may be considered necessary or desirable; provided Revised 1-11-18 52 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 i. Exclude the Contractor from the Site, and take possession of the Work and of all the Contractor's tools, appliances, construction equipment, and machinery at the Site,and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); ii. Incorporate in the Work all materials and equipment stored at the Site or for which the City has paid the Contractor but which are stored elsewhere; and iii. Complete the Work as the City may deem expedient. (c) If the City proceeds as provided in subsection (b) above, the Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims,costs, losses,and damages (including but not limited to all fees and charges of engineers,architects,attorneys, and other professionals and all court costs) sustained by the City arising out of or relating to completing the Work,such excess will be paid to the Contractor. If such claims,costs,losses,and damages exceed such unpaid balance,the Contractor shall pay the difference to the City. When exercising any rights or remedies under this section, the City shall not be required to obtain the lowest price for the Work performed. (d) Notwithstanding the foregoing, the Contractor's services will not be terminated if the Contractor begins within ten(10)days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty(30)days of receipt of said notice. (e) If the Contractor's services have been terminated by the City,the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 40. PAYMENTS TO CONTRACTOR. Five days prior to the City's first regularly scheduled meeting of each month a periodic estimate,based on Work completed or on receipted invoices for approved materials and equipment stored at the project site, shall be prepared by the Engineer. Periodic estimates for a lump sum Contract will be based on an itemized breakdown of all Work included in the Contract, prepared by the Contractor, and submitted to the Engineer for approval prior to preparation of the initial periodic estimate. The breakdown shall include all costs in connection with each major classification of construction items and shall show quantities, unit prices and extensions,the sum of which shall be the total amount of the Contract. In making partial payments,ten percent(10%) will be retained from each payment. Upon the Engineer's certification of the Project's final completion and readiness for final payment pursuant to Section 45(b)below,the Owner shall make payment of retainage. In measuring Work for payment the actual length, width, depth, area, Revised 1-11-18 54 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 Department of Transportation; such price and payment being full compensation for all costs in connection with operation, repair,maintenance, overhead, depreciation, and profit. 42. EXTENSION OF CONTRACT TIMES. (a) DELAYS CAUSED OTHER THAN BY WEATHER. If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the City, or of a separate contractor employed by the City; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's reasonable control that the Engineer determines may justify delay, excluding the occurrence of unusually severe weather at the Site, then the Contract Time shall be extended by Change Order for such reasonable time as the Engineer may determine, if such adjustment is essential to the Contractor's ability to complete the Work within the Contract Times. Notwithstanding the foregoing, the Contractor acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay: (1) is not cased, could not have been reasonably anticipated and mitigated, by the Contractor; and (2) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay. If the delay is due to causes beyond the reasonable control of the City, an extension of the Contract Times shall be the Contractor's sole and exclusive remedy for the delay. (b) DELAYS CAUSED BY WEATHER. i. The Contract Times may be extended by Change Order due to the occurrence of unusually severe weather if the Engineer determines that the following conditions have been satisfied: 1. The weather experienced at the project Site during the Contract period must be found to be unusually severe,as evidenced by weather that is more severe Revised 1-11-18 55 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS than the adverse weather anticipated at the Site during any given month; and 2. The unusually severe weather must actually cause a delay to the completion of the Work. The delay must be beyond the control and without the fault or negligence of the Contractor. ii. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration(NOAA) or similar data for the project Site and will constitute the baseline for the Engineer's monthly evaluations of the Contractor's entitlement to an extension of the Contract Times under this Section. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities for the duration of the Work. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON FIVE-DAY WORK WEEK* Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec (10) (6) (4) (5) (5) (6) (5) (4) (5) (4) (3) (7) iii. Upon acknowledgment of the Notice to Proceed and continuing throughout the duration of the Contract,the Contractor shall record daily the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical path activities for fifty percent (50%) or more of the Contractor's scheduled work day. On or before the 10th day of each month,the Contractor shall provide the Engineer with written report of its proposed dates of actual adverse weather delay days for prior month. The report shall: (1) list the number of actual adverse weather delay days and include days impacted by actual adverse weather(even if such adverse weather occurred in previous month); (2) be calculated chronologically from the first to the last day of each month, and be recorded as full days; and (3) include documentation and all details reasonably available to demonstrate the nature and duration of the delays and their effect on the critical path activities. If the number of actual adverse weather delay days exceeds the number of days anticipated in subsection (b) above, the Engineer will convert any qualifying delays to calendar days and the Contract Time shall be extended by Change Order. After the original Contract Times have expired, adverse weather that causes delay to the completion of the Work will be granted day-for-day without deducting anticipated adverse weather delay days and will be converted from work days to calendar days. iv. Monthly anticipated weather delay days shall be adjusted proportionally if Work is scheduled to be performed greater than or less than five (5) days during any work week. The following formula shall be used to adjust the monthly anticipated weather delays:Adjusted monthly anticipated weather delays=A multiplied by(B divided by C); where Revised 1-11-18 56 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 45. CERTIFICATES OF COMPLETION. (a) SUBSTANTIAL COMPLETION. When the Contractor considers the Work, or a portion thereof which the City agrees to accept separately, substantially complete, the Contractor shall notify the City and Engineer in writing that the Work or designated portion thereof is substantially complete and request that the Engineer issue a certificate of Substantial Completion. If the Engineer considers the Work or designated portion thereof substantially complete,the Engineer will execute and deliver a certificate of Substantial Completion, which shall fix the date of Substantial Completion and shall be accompanied by an attached "punch list" of items to be completed or corrected before the Work or designated portion thereof is deemed completed and ready for final payment. The certificate of Substantial Completion shall also provide for the division of responsibilities, pending final payment to the Contractor,with respect to security,operation,safety,and protection of the Work,maintenance,utilities, insurance, and warranties and guarantees. (b) FINAL COMPLETION. After the issuance of a certificate of Substantial Completion, and upon written notice from the Contractor that the entire Work is completed and ready for final payment, the Engineer will promptly make a final inspection. If the Contractor has, in the opinion of the Engineer, satisfactorily completed the Work, including all punch list items, the Engineer will execute and deliver a certificate of Final Completion, which shall fix the date of Final Completion and readiness for final payment. The final completion date will also serve as the commencement date for the two-year warranty period pursuant to Section 46 below. 46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD. If within two years after final acceptance (as indicated on the Certificate of Completion provided pursuant to Section 45 above)of the Work as a whole,any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions: (a) Correct such defective Work; or (b) Repair such defective land or areas; or (c) If the defective Work has been rejected by the City, remove it from the Site and replace it with Work that is not defective; and satisfactorily correct or repair, or remove and replace, any damage to other Work,to the work of others,or other land or areas resulting therefrom. If the Contractor does not promptly comply with the terms of the City's written instructions, or in an emergency where delay would cause serious risk of loss or damage,the City Revised 1-11-18 58 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 Revised 1-11-18 60 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS SCHEDULE A INSURANCE REQUIREMENTS (Construction Services) Pursuant to Section 6 of the Contract and Section 6 of the General Clauses, the Contractor shall obtain,pay for,and maintain—and shall require each of its authorized subcontractors to obtain and maintain — for the duration of the Agreement, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of any workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage,and,with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self- insurance, including any deductible, maintained by, or provided to,the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents,representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Contract, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Contract. D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage Requirements. A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CGOO 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2)years after completion of all work under the Contract. Revised 1-11-18 61 CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS SCHEDULE A INSURANCE REQUIREMENTS (Construction Services) B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 C. Workers' Compensation/Employer's Liability. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation(Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee Revised 1-11-18 62 SECTION 1 - GENERAL 1. SCOPE The work provided for in these Contract Documents shall consist of furnishing all labor, materials, appliances, and equipment, and performing all work and operations in connection with the construction of items and all other incidental and related work to complete the proposed project ready for use and service. 2. LOCATION All work will be done on property owned or controlled by the City of Salina, Kansas. 3. SALES TAX EXEMPTION Bid items, materials, equipment and service incorporated into this project will be exempt from the payment of sales tax under the laws of the State of Kansas, and such sales tax shall not be included in the proposals of the bidders. The Owner, when requested, will provide the Contractor with proper exemption documentation. Upon issuance of proper exemption documentation to the Contractor, the Contractor shall assume full responsibility for his or her own proper use of the number and shall pay all costs of any legally assessed penalties relating to the Contractor's improper use of the exemption documentation. 4. SPECIFICATIONS The work shall conform to these Specifications and to the "Standard Specifications" where reference is made herein. "Standard Specifications" mean the current edition of the Kansas Department of Transportation's Standard Specifications for State Road and Bridge Construction and the Salina Code, with such revisions, amendments, and supplements as are contained herein. 5. COORDINATION OF CONTRACT DOCUMENTS The contract documents are intended to be complementary and to describe and provide for a complete work. In case of discrepancy among contract documents, the governing ranking will be: (a) Job Special Provisions(Sections 1 —99) (b) Plans (c) Standard Drawings (d) Standard Specifications (Sections 100+) (e) Bid Items or Quantities 6. BONDS Statutory and performance bonds are required for all contracts of$50,000 or more. Bid bonds are required for all bids. More information about statutory and performance bonds can be found in the General Clauses. More information about bid bonds can be found in the Information for Bidders. Revised 12-19-2023 KRJ 63 SECTION 1 - GENERAL Revised 12-19-2023 KRJ 64 SECTION 50 —JOB SPECIAL PROVISIONS 1. PROJECT CONTACT FOR CONTRACTOR/BIDDER QUESTIONS All questions concerning this project during the bidding process shall be forwarded to the project contact listed below. Kent R. Johnson,P.E., Project Contact 300 W Ash, P.O. Box 736 Salina, KS 67402-0736 (785)-309-5725 Kent.Johnson@Salina.org 2. 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/hour deduct to cover the Inspector's overtime costs. 3. WORK HOUR RESTRICTIONS There are three major summer holiday periods - Memorial Day, Independence Day and Labor Day—and four major summer events—the Smoky Hill River Festival (Thursday - Sunday of the second weekend in June), Skyfire (Independence Day),the KKOA Lead Sled Spectacular (Thursday — Sunday of the last weekend in July), and the Saline County Fair (first Tuesday in August —following Sunday). Primary elections, if held, are held on the first Tuesday of August in even numbered years and general elections are held on the first Tuesday following the first Monday in November each year. Presidential primaries may be held on other dates during years evenly divisible by four. All lanes as determined by the Inspector shall be scheduled to be open to traffic during these periods, from 5 p.m. on the last working day preceding the holiday or event until 8 a.m. on the first working day subsequent to the holiday or event. The contractor shall not perform any construction operation on the active lanes during restricted periods, holiday periods, special events or as otherwise specified in the contract documents,without written approval from the Engineer. The contractor shall not perform any work between the hours of 1/2 hour before sunset until 1/2 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. 65 SECTION 50 —JOB SPECIAL PROVISIONS 4. PROGRESS OF WORK Once begun, repairs shall progress steadily to completion,minimizing the disruption to property owners/occupants and traffic. Contractor may work in multiple locations as long as progress at individual locations is not compromised. 5. SUBGRADE TREATMENT AND UNIT PAVER REPAIR Edges of repairs shall be neat and generally parallel or perpendicular to centerline of road. Areas to be repaired are generally heaved above or depressed below design elevation. Exact limits of repairs shall be as approved by Inspector. Additional pavers needed for the repairs can be found at the City of Salina's wastewater treatment plant, located at 596 N.Marymount Road. Contractor shall be responsible for retrieving bricks supplied from the wastewater treatment plant. Contractor shall not be responsible for providing pavers for the work. Paver pattern and spacing shall generally match pattern and spacing of adjacent pavement. Salvaged pavers shall be used for the repairs as much as possible. Additional pavers required for the work shall match the salvaged brick as much as possible. All exposed subgrade shall be subject to the subgrade treatment paragraph below. Material removed for the same purpose shall become the property of the Contractor and legally disposed of. Base for paver areas behind barrier curb shall be 4" concrete. Base for two paver areas behind mountable curb (29 sf of 201 sf total) shall be 6"concrete. Work included in the pay item"Unit Paver Repair"shall generally include: removing and salvaging existing bricks; removing pavement beneath the bricks; subgrade treatment as needed; concrete base; and replacing brick pavement to design elevation in accordance with the drawings included with this document. Contractor shall be paid for actual area of brick street repair performed. 6. SUBGRADE TREATMENT The subgrade shall be brought to lines, grades and sections shown on the plans as herein- after described. All soft and yielding material and other portions of the subgrade which will not compact readily when rolled or tamped, shall be removed and all loose rock or boulders found in the earth excavation shall be removed or broken off to a depth of not less than six(6)inches below the surface of the subgrade.All holes or depressions made by the removal of this material shall be filled with approved material and the whole subgrade brought to line and grade and compacted. Upon approval by the Inspector of the appropriate compaction, the Contractor must place the improvements within five calendar days. If the pavement is not placed within five calendar days, additional compaction may be required. 66 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 67 SECTION 104 - MOBILIZATION Revised 2-23-2015 DRS 68 SECTION 114 —UNIT PAVERS 1. GENERAL The work covered in this section consists of furnishing all equipment, materials and labor required for the installation of the unit pavers in the location shown on Drawings with concrete/brick materials in accordance with the latest version of Section 1301 of the Kansas Department of Transportation(KDOT) Standard Specifications and as amended herein. 2. SUBMITTALS A. Product data for the following items: a. Concrete or Brick Pavers b. Edge Restraints c. Mortar B. Samples for verification in full-size units of each type of paver indicated; in sets for each color, texture and pattern specified, showing the full range of variations expected in these characteristics; with joints grouted and cured, indicating full range of colors to be expected in the completed work. C. Qualification data for firms and persons specified in the "Quality Assurance" section to demonstrate their capabilities and experience to include lists of completed projects showing project name, location and contact information 3. QUALITY ASSURANCE A. Installer Qualifications. Engage an experienced Installer who has completed unit paver installations similar in material, design, and extent indicated on the Project with a record of successful performance. B. Single-Source Responsibility. Obtain each color, type and variety of unit pavers, joint materials, and setting materials from a single source with resources to provide products and materials of consistent quality in appearance and physical properties without delaying the work. 4. DELIVERY, STORAGE AND HANDLING. Protect unit pavers and aggregate during storage and construction against soilage or contamination from earth and other materials. Wrap pavers in plastic or use other packaging materials that will prevent rust marks from steel strapping. 5. COLD-WEATHER PROTECTION Do not use frozen material or materials mixed or coated with ice or frost. Do not build on frozen subgrade or setting beds. Remove and replace unit paver work damaged by frost or freezing. Revised 11-9-21 DRS 69 SECTION 114 — UNIT PAVERS 6. MATERIALS A. Concrete Base. See Section 202 for specifications for concrete base which shall be a minimum depth of 4 inches (4") unless otherwise shown on the Drawings. B. Graded Aggregate for Subbase or Base. Quality-controlled graded aggregate complying with ASTM D 2940 for aggregate material. C. Sand for Leveling Course. Fine, sharp, nonplastic aggregate complying with ASTM C 33. D. Sand for Joints. Fine, sharp, masonry sand with 100 percent passing the No. 16 (1.18mm)sieve and no more than 10 percent passing the No. 200 (0.075 mm) sieve. 7. PREPARATION Clean concrete substrates to remove dirt,dust, debris and loose particles. Subgrade shall be checked for unstable areas and areas requiring additional compaction. Do not proceed with installation of unit pavers until deficient subgrade has been corrected and is ready to receive subbase materials. 8. INSTALLATION A. Do not use unit pavers with chips, cracks, voids, discolorations, and other defects that might be visible or cause staining in finished work. Mix pavers from several pallets or cubes as they are placed to produce uniform blend of colors and textures. B. Cut unit pavers with motor-driven masonry saw equipment to provide clean, sharp, unchipped edges. Cut units to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. Hammer cutting is not acceptable. C. Joint Pattern shall be as indicated on the Drawings. Tolerances shall not exceed 1/16-inch unit-to-unit offset from flush (lippage) or 1/8 inch in 24 inches and 1/4 inch in 10 feet from level, or indicated slope, for finished surface of paving. D. Provide edge restraints as indicated and install prior to placing unit pavers. Install edge restraints to comply with manufacturer's directions. Place stakes at intervals required to hold edge restraints in place during and after installation of unit pavers. E. Compact soil subgrade uniformly to at least 98 percent of standard proctor density. Place aggregate subbase in the thickness indicated. Compacted by tamping with a plate vibrator and screed to the elevation required to allow setting the pavers to finish grade. F. Place sand for leveling course and screed to a thickness of 1 inch (+/- '/4 inch), taking care that moisture content remains constant and density is loose and constant until pavers are set and compacted. All detail and section notes that refer to %2" or 3/4" sand bedding shall be interpreted as a cement/sand mixture for all areas of the project. The Revised 11-9-21 DRS 70 SECTION 114 — UNIT PAVERS cement/sand mixture shall consist of one (1) part cement to three (3) parts of sand (25% approximately by volume). G. Set pavers with a minimum joint width of 1/16 inch and a maximum of 1/8 inch, being careful not to disturb leveling course. If pavers have spacer bars, place pavers hand tight against spacer bars. Use string lines to keep straight lines. Fill gaps between units that exceed 3/8 inch with pieces cut to fit from full-size unit pavers. H. When installation is performed with mechanical equipment, use only unit pavers with space bars on sides of each unit. I. Vibrate pavers into leveling course with a low amplitude plate vibrator capable of a 3500- to 5000- lbf compaction force to 4800 to 5400 vibrations per minute. Perform at least 3 passes across paving with vibrator. Vibrate under the following conditions: a. After edge pavers are installed and there is a completed surface or before surface is exposed to rain. b. Before ending each day's work, fully compact installed concrete pavers within 36 inches of the laying face. Cover the open layers with nonstaining plastic sheets overlapped 48 inches on each side of the laying face to protect it from rain. J. Spread dry sand and fill joints immediately after vibrating pavers into leveling course. Vibrate pavers and add sand until joints are completely filled, then remove excess sand. Leave a slight surplus of sand on the surface for joint filling. Do not allow traffic on installed pavers until sand has been vibrated into joints. K. Repeat joint-filling process 30 days later. Remove all excess sand. 8. REPAIR, CLEANING, AND PROTECTION. Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise damaged or if units do not match adjoining units as intended. Provide new units to match adjoining units and install in same manner as original units, with same joint treatment to eliminate evidence of replacement. 9. MEASUREMENT AND PAYMENT Payment for this work shall be made at the contract square yard price for"Unit Pavers or Brick Street Repair" of the specified type which includes subgrade preparation, concrete base course, levelling sand/cement mixture,joint sanding, tools, materials and equipment necessary to complete the work. Revised 11-9-21 DRS 71 SECTION 114-UNIT PAVERS Revised 11-9-21 DRS 72 SECTION 120 — TRAFFIC CONTROL 1. GENERAL Work under this section shall meet the requirements of the latest version of Section 805 of the Kansas Department of Transportation Standard Specifications or as herein. 2. TRAFFIC CONTROL PLAN A traffic control plan of streets being affected by this work must be submitted to the City Engineer to help coordinated in the least practicable delay and inconvenience to traffic. Unless otherwise directed, all roads shall have one lane of traffic open in each direction at all times. A flyer or handout must be given to any property being affected by any work (24) hours prior to construction. 3. HANDLING OF TRAFFIC If traffic signals need to be temporarily changed for the project, the Contractor needs to contact the City of Salina (24) hours prior to construction and notify them when completed. The Engineer may shut down all or part of the work to handle traffic safely during periods of inclement weather or heavy traffic. The Contractor is not entitled to additional monetary compensation for these temporary suspensions. 4. TRAFFIC CONTROL DEVICES The Contractor's subletting of traffic control devices does not reduce the Contractor's responsibility or liability to the public and workers for failing to provide, erect or maintain these devices. A subcontractor's delay in providing acceptable traffic control devices or a subcontractor's delay in repairing or replacing unacceptable devices does not excuse the Contactor's obligation to perform this work timely. Sufficient flagmen, warning signs and barricades shall be provided by the Contractor to properly control traffic and to prevent traffic from traveling in the fresh materials. Barricades and barricading, signs and other warning devices will be in accordance with the Federal Highway Administration "Manual on Uniform Traffic Control Devices" provisions for "Traffic Controls for Street and Highway Construction and Maintenance Operations." Inspect traffic control devices frequently during the day, and when needed, at night. Immediately upon discovering or receiving notification of unacceptable traffic control devices, either repair or remove and replace the unacceptable devices. The Engineer holds the right to change or remove traffic control devices as needed to suit the needs of the project. 6. MEASUREMENT AND PAYMENT Payment for this work will be considered subsidiary to the project or stated in the contract documents at the contract lump sum price for"Traffic Control." Revised 10-20-2022 KRJ 73 SECTION 120 - TRAFFIC CONTROL Revised 10-20-2022 KRJ 74 SECTION 202 - CONCRETE 1. GENERAL On Grade Concrete (pavement, curb and gutter, sidewalk, etc.) shall comply with all composition, quality, product control and handling (stockpile) requirements of the latest version of Sections 401 and 403 of the Kansas Department of Transportation (KDOT) Standard Specifications and as amended herein. The mix design shall be per KDOT Standard Specifications Table 403-1: Air-Entrained Concrete for Pavement.Mix shall contain a minimum of 517 pounds of cementitious material for on grade concrete per Table 401-1 with supplementary cementitious material proportions per Table 401-4 to waive ASTM C1567 testing and 6%design air content(+1-1.5%). Also per Table 403-1, water to cement ratio shall be less than or equal to 0.45 with associated permeability and resistivity requirements listed in the table. Design mix shall meet a minimum 4000 psi compressive strength at 28 days and be approved by the Engineer prior to construction. 2. AGGREGATES Coarse aggregate shall be CPA-1, 3 or 4 from a KDOT pre-qualified freeze/thaw resistant source per the latest version of Section 1116 of the Standard Specifications. Fine aggregate shall be type FA-A from a KDOT pre-qualified non-reactive siliceous source per the latest version of Section 1116 of the Standard Specifications. Mixed aggregate shall comply with Table 1116-2 of the latest version of Section 1116 of the KDOT Standard Specifications types MA-3,4, 5 or 7 optimized for all concrete usage. 3. ALLOWABLE SLUMP Slump shall range between 1 and 4 inches with a maximum of 4.75 inches. 4. PLACEMENT LIMITATIONS Refer to the latest version of Section 401 of the KDOT Standard Specifications for concrete batching,mixing and delivery. Per KDOT section 401.8b.(2),"...Submit a cold weather concrete plan to the Engineer prior to placing concrete in cold weather." 5. CURING CONCRETE Liquid membrane forming compounds furnished under this specification shall conform to the latest revision of the KDOT Standard Specifications Section 1404 Liquid Membrane Forming Compounds. Curing membrane shall be applied while the surface of the concrete is still moist,but no free water remains; and shall be applied to the exposed surfaces including the sides of the pavement at the rate of not less than 1 gallon per 150 square feet. The spray equipment shall be capable of supplying a constant pressure to provide uniform and adequate coverage of the curing membrane compound at the rates required. If curing membrane is damaged, such as by rainfall soon after its application, the Contractor shall immediately apply another application of curing membrane to the surface of the pavement. The rate of application for the replacement membrane shall be the same as for the original membrane. Revised 2-11-2021 DRS 75 SECTION 202 - CONCRETE 6. CONCRETE PANEL REPAIR It is the responsibility of the contractor to repair any spalled, cracked or broken panels at no cost to the City.Removal and replacement of entire or partial sidewalk or pavement panels may be required; but will be avoided whenever possible. In general; the structural integrity of the pavement, as originally cast and placed, is superior to that of a replacement panel. Final determination of what corrective action is deemed necessary will be on a case by case basis, but will for the most part follow these basic guidelines: (1) Repair of Spalls • For spalls greater than 1/4 inch and less than or equal to 1/2 inch from the edge of the original sawed joint; repair with hot pour sealant. • For spalls greater than 1/2 inch and less than or equal to 1 inch from the edge of the original sawed joint; blast clean and repair with epoxy patch material. • For spalls greater than 1 inch from the edge of the original sawed joint; repair by making a saw cut a minimum of 1 inch outside the spalled area to a minimum depth of 2 inches.Chip out the concrete between saw cuts to solid concrete (2 inch minimum). Thoroughly clean all loose material from the cavity. Apply a coat of an approved concrete bonding epoxy to the dry, cleaned surface of all sides of the cavity, except the joint. Apply the epoxy by scrubbing the material into the surface with a stiff brush. Place Portland cement concrete, epoxy resin concrete or non-shrink grout immediately following epoxy application according to the manufacturer's recommendations. If the spalled area to be patched abuts a working joint; use an insert or other bond breaking medium during the repair work to maintain working joints. (2) Repair of Cracked/Broken Panels • When a single transverse hairline crack extends across the entire roadway within 1/3 panel length of a sawed joint: a. If nearest sawed joint is working as a contraction joint;crack will be epoxied. b. If nearest sawed joint is not working as a contraction joint; crack will be sawed and sealed as it has now become the contraction joint.Planned contraction joint should then be epoxied. • When a single transverse hairline crack falls within the middle 1/3 of a pavement panel;no corrective work will be required. • When a single longitudinal hairline crack falls within a panel; no corrective work will be required. • When a single diagonal hairline crack falls within a panel; crack will be repaired with epoxy. • Any panel with more than 1 crack dividing the panel into 3 or more distinct sections will be removed and replaced. • Any transverse, longitudinal, or diagonal crack that appears to have opened wider than 1/8 inch shall be considered individually. This could indicate panel movement vertically. All replacement panels will be reinforced the same as original panels. All joints of repaired or replaced panels will be properly sealed. Epoxy repairs will use Unitex Pro-Poxy 200 or an Revised 2-11-2021 DRS 76 SECTION 202 - CONCRETE approved equivalent. Final approved corrective actions will be determined by the Engineer. Revised 2-11-2021 DRS 77 SECTION 202 - CONCRETE Revised 2-11-2021 DRS 78 SECTION 204 —CONCRETE CURB & GUTTER 1. GENERAL Concrete curb and gutter shall conform to the shape, dimensions, lines and grade called for by the Drawings in accordance with the latest version of Section 825 of the Kansas Department of Transportation(KDOT)Standard Specifications or as amended herein.Hand vibrators shall be used to consolidate concrete before pulling up to form the back side when curb machines or vibrating forms are not used. 2. STANDARD CURB AND GUTTER The curb and gutter shall be divided into stones and when adjacent to concrete pavement, the stones shall match the pavement joints. Curb shall be tied to the concrete pavement with #4 deformed bars or poured monolithic. When adjacent to asphalt pavement, the stones shall be as near as possible to 5-feet lengths.Joints between stones shall be made by sawing through the curb to a depth of not less than 2-1/2." Return curbs on intersecting streets shall be formed to match existing curbs,using a transition section not less than 3 feet long or as otherwise detailed. 3. EXPANSION JOINTS Preformed expansion joint material for monolithic placement shall be cut to fit the curb and be the same thickness and in the same location as the pavement expansion material.No reinforcement or tie bars in curb shall pass through the joint. Edges of all joints shall be finished with a 1/4 inch radius edger. Preformed joint filler, 3/4" in thickness, shall be placed wherever new work joints existing work; at the ends of all driveways, alley, and street returns where ends meet existing construction;and at intervals of not more than 100 feet for monolithic straight runs. 4. FINISHING Back edge shall be finished with a 1/4 inch radius edger. The concrete curb and gutter shall then be broom finished to the texture extending out onto pavement surface to match finish.A wood float finish shall be provided when adjacent to flexible pavement. Gutter flow line shall be finished to a true uniform grade without ridges or water pockets. Since surface texture is critical to this application and is difficult to quantify, the contractor shall construct a test section for approval by the Inspector. The test section shall be placed in one of the areas for permanent improvements designated in the plans in the event that the section passes inspection.If the test section fails to achieve the Inspector's approval,the test section shall be removed and replaced at the contractor's expense.The approved test section shall serve as the standard against which all other like improvements on the project are accepted or not accepted. Failure to gain acceptance of the test section prior to constructing additional improvements shall be the sole responsibility of the contractor. 5. CURING AND FROST PROTECTION All curing and frost protection methods shall conform to Section 202, "Concrete" of the Standard Specifications for the City of Salina. 6. BACKFILLING 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 79 SECTION 204 —CONCRETE CURB & GUTTER edges of the curbs or gutters or to the elevations shown on the plans. 7. TESTING The Engineer reserves the right to require any testing of materials deemed necessary. Testing concrete samples for percent air, slump, unit weight,and gradation to verify requirements have been met shall be paid for by the City of Salina. 8. MEASUREMENT OF PAYMENT Payment shall be made on the amount of completed and accepted work at the contract unit price bid for"Curb&Gutter Combined"of the specified type. Revised 3-4-2015 DRS 80 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 CONCRETE 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- 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 81 SECTION 205 - CONCRETE PAVEMENT consolidated by use of an approved finishing machine or vibrating screed to such an elevation that when finishing operations are completed, the surface will conform to the required grade and crown. The finishing machine shall be operated over the entire surface at least twice. A uniform roll or ridge of concrete at least two (2) inches above the pavement grade shall be maintained ahead of the finishing machine or vibrating screed for its entire length during its initial pass. Excessive tamping or finishing resulting in bringing an excess of mortar to the surface will not be permitted. Final finishing shall consist of eliminating tool marks, edging, and applying the final surface texture. Final surface texture shall be transverse broom or longitudinal wet burlap drag finish. This final finish shall not be applied until the entire surface has been straight-edged,using a ten(10)foot straight-edge, and any irregularities corrected. Since surface texture is critical to this application and is difficult to quantify, the contractor shall construct a test section for approval by the Inspector. The test section shall be placed in one of 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. 7. CURING Curing shall conform to Section 202,"Concrete." 8. Concrete Pavement Smoothness The smoothness of the pavement surface shall be in accordance with KDOT Standard Specification section 503 and shall be corrected to achieve an average profile index of better than 65. Pavement smoothness shall be measured following completion of pavement construction for any project greater than 528 feet long (minimum 12 feet wide lane) having a at least 250 feet of straight roadway pavement(see KDOT specification 503.3a for other exclusions). All bumps shall be corrected per Table 503-1 note 2 for all pavement areas and even those less than 0.1 mile. No extra payment shall be made for an average profile index better than 30. On surfaces excluded from profilograph testing, the Engineer will determine the pavement smoothness using a 10-foot straightedge. The Engineer will select the locations to be tested. The variation of the surface from the testing edge of the straightedge shall not exceed '/8 inch between any 2 contacts, longitudinal or transverse. Pavement smoothness shall not be paid for directly but shall be subsidiary to Concrete Pavement. 9. INSPECTION AND TESTING The Contractor shall provide a Quality Control (QC) plan for approval by the Engineer prior to construction and provide qualified personnel and equipment to conduct QC testing at his own expense (for street paving projects over 1,000 total square yards). At a minimum,values for percent air, slump, unit weight, and gradation must be provided to the City of Salina following the frequency chart provided below. QC tests can include aggregate gradation, slump, air content, unit weight/yield, compressive strength, flexural strength, material passing #200, Revised 10-20-23 DRS 82 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 83 SECTION 205 - CONCRETE PAVEMENT Revised 10-20-23 DRS 84 - DATE REVISIONS S. FRONT Si IRON AVE GYPSUM AVE. • 4 - -Po � V' CLOUD ST BROADWAY BLVD O TTO AVE NEAR CHICK—FIL A NEAR PLANET A VE SA TURN AVE RALEIGH ST —N• MAGNOLIA RD PARKWAY AVE—� • CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS • ' PUBLIC WORKS— ENGINEERING— UTIU7IES SCHILLING REQ 9TH ST. MEDIAN REPAIR LOCATION MAP RIFFS , 24025 a� Jun 2024 D-i CURB AND UNIT BRICK SHEET LOCATION GUTTER PAVERS STREETS REMOVE BUILD REPAIR (LF) (LF) (SF) (SF) D-3 BROADWAY INTERSECTION - NORTH 40 40 D-4 NORTH BARRIER BRICK REPAIR 130 D-5 BROADWAY INTERSECTION - SOUTH 10 10 D-6 SOUTH BARRIER BRICK REPAIR 18 D-7 OTTO INTERSECTION 10 10 D-8 NORTH INTERIOR BRICK - PLANET 14 D-9 SOUTH INTERIOR BRICK - CHICK-FIL-A 9 D-10 SATURN AND RALEIGH INTERSECTIONS 50 50 D-11 NORTH BARRIER BRICK - SATURN 10 D-12 MAGNOLIA INTERSECTIONS 26 26 D-13 PARKWAY INTERSECTION - NORTH 19 19 D-14 NORTH BARRIER BRICK - PARKWAY 20 D-15 RIFFEL INTERSECTION - SOUTH 19 19 D-16 FRONT 480 D-17 FRONT 354 D-18 FRONT 655 D-19 GYPSUM AND COLUMBIA 200 CONTINGENCY QUANTITIES 17 17 20 169 TOTAL 191 191 221 1,858 CITY OF SALINA,300 W.ASH,SALINA,KANSAS PUBLIC WORKS-ENGINEERING-UTILITIES SUMMARY OF QUANTITIES PROJNO DATE SHEET 24025 JUL 24 D-2 DATE REVISIONS S 9TH ST S.B. A.D WA Y BLVD NORTH BARRIER R&R 1 _ _ 40 LF S. 9TH ST N.B. _ _ IVIG WEST ... ..... R&R r . . �! 9TH ST N.B. - 1&2 -I F (.; ,. , Q,9 le MF'. .. , ! ,r,• - - :x .�— •• "" CITY OF SAUNA, 300 W ASH, SALINA, KANSAS S. 9TH ST S.B. PUBLIC WORKS-ENGINEERING- UAUIIES LOOKING EAST 9TH ST MEDIAN REPAIR Curb&Gutter- S 9th at Broadway Blvd. new In are Sm 24025 Jun 2024 D—3 ns«er Mai rr.II*n W.. I^'eft DATE REVISIONS Remove loose, sinking and damage brick pavers; clean pavers. Repair • underlying base and reinstall pavers Z in matching pattern. 130 SF I� 41111 V7 S 9TH ST S.B. BRICK REPAIR NORTH BARRIER AREA 2 sem' S. 9TH ST N.B. CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS—ENGINEERING— UALIAES 9TH ST. MEDIAN REPAIR Brick Paver Repair— S 9th at Broadway Blvd. maim ac 24025 Jun 2024 D-4 Rewe wrm.0...+(Dw/..14 �M' DATE REVISIONS f ;i_ 1 1 , rt kkiiiiiiiI4 tit (../-) ►— a, R&R 3&4 Na ;; i 0 R&R3 10LF7— ' SOUTH BARRIER 0 . O." s * 411,41,40...g , 7 • twor;,,,,,„ —' ' MO ..., S. 9TH ST N.B. ----------- -------------- — r�. CITY OF SALINA, J00 W ASH, SAL/NA, KANSAS PUBLIC WORKS-ENGINEERING- UTILI AES 9TH ST MEDIAN REPAIR Curb&Gutter-S. 9th at Broadway Blvd. FON A. dm .wzr 24025 Jun 2024 D—5 _�___ new.....rham'(+.6.. 1,„,— - DATE REVISIONS 40157'..4- 61L 106 Remove loose, sinking and damage brick pavers, clean pavers. Repair Uj underlying base and reinstall pavers in matching pattern. 18 SF IP` S. 9TH ST S.B. SOUTH BARRIER --am= BRICK REPAIR AREA 4 ---"'- - CITY OF SALINA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS—ENGINEERING— U7IL/TIES 9TH ST MEDIAN REPAIR Brick Paver Repair— S 9th at Broadway mux¢ Ave .Sm 24025 Jun 2024 D-6 DATE RENSIONS '..' . - ! -I_ ' 1 1\ OTTO AVE Cr' 1\. i 1 t/• '• 1...' Rt R&R 5 `'' C&G w i I 1 ... Si: ! S. 9TH ST S.B. r� R&R 5 10 LF ._ '— ors+ " SOUTH BARRIER S. 9TH ST N.B. -� T CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS- ENGINEERING- U71U77E5 9TH ST MEDIAN REPAIR Curb&Gutter- S 9th of Otto Ave. .w A. ae Se 24025 Jun 2024 D-7 40.0.s..,.*R.,a.. 1R.uI- DAIS RE'ISIDNS m cl Q..3 „._ Ai_ CO i its_o _ s o-, co W Z Z u)\ u) kJ Pzi NORTH W R&R 6- Cri BARRIER IIPt 1\- Remove loose, sinking and damage zo Jd Q brick pavers; clean. pavers. Repair 4- 1 underlying base and reinstall pavers Z in matching pattern. 14 SF • 1 co 41 0) Awn yolk lir .111Micr impuipmempni zkr ii _ Yiiiiiii - • - Ilkl S. 9TH ST Pit `. 'Iva' y BRICK REPAIR - Y AREA 6 s. S9� CITY OF SAUNA, 300 W ASH, SALINA, KANSAS • PUBUC WORKS-ENGINEER/NG- UAUFIES 9TH ST. MEDIAN REPAIR Brick Paver Repair- S. 9th adjacent Chick-ry-A Aw1a as S 24025 Jun 2024 D-8 ne..e AMA II*ft*(S WI. II'.In i. REVISIONS w N. zHi- 0 HNF cc m z 1 i.y) LLJ Lu zQ / CHICK-FIL-A�'� Remove loose, sinking and damage brick pavers; clean. pavers. Repair SOUTH INTERIOR underlying base and reinstall pavers FRONTAGE ST in matching pattern. 9 SF BARRIER for PLANET pim W Oak Q /4/7 /O , Al ,, , R&R 7 BRICK REPAIR R l(JR� Z,qNE o AREA ? N.S. IIpc, SOUTH INTERIOR 1-__ BARRIER 'm s z ,--\ 'ci CITY OF SALINA, 300 W ASH, SALINA, KANSAS -1-- PUBLIC WORKS—ENGINEERING— U7IL171ES ' ' 9TH ST. MEDIAN REPAIR Brick Paver Repair— S. 9th adjacent Chick—fl—A MA xs OM ser. 24025 Jun 2024 D-9 .«..,...dnISA, I^'soy DATE RENSIONS . `� 'h » �. - �f' .... ! ,, 4... :. .14;;...,---e,.. SA TURA1 AVE • C&G . 1 i • --...,*___•- z ` �i _ R&R 8--// 07) 18 LF S. 9TH a t r a S 9Ty N.E. CORNER U; ii S T LOOKING N.E. ryIlk ii RALEIGH ST -II-- ,� r R&R 10 ti 16 LF II cr) s t 1 ..._ R&R 97 S. 9 TH at SB TURN R&R 9 R&R 10 16 LF BARRIER LOOKING EAST C&G C&G CITY OF SALINA, 300 W ASH, SALINA, KANSAS i PUBLIC WORKS-ENGINEERING- UTILITIES 9TH ST. MEDIAN REPAIR Curb&Gutter- S 9th at Saturn and Raleigh 111 ' Menu AM aac 24025 Jun 2024 D- O wrr...rnm.. 1" DATE REMSION5 111. / , zd OF r 0 "Ir -0k 'emove loose, sinking and damaged R&R 11---\\ _ ,.! brick pavers; clean. pavers. Repair underlying base and reinstall pavers in matching pattern. 10 SF 0 ._____ oir SA TURN ST ow i 1, 9. SB i--......,,, S 9TH S T NORTH BARRIER °j BRICK REPAIR . AREA 11 I, S. 9TH at y ^1.g• Image capture Jun 2022 02023 Google T S- I V CITY OF SALINA, 300 W ASH, SAUNA, KANSAS NORTH MEDIAN PUBLIC WORKS—ENGINEER/NG— U77LI7ES 9�N LOOKING N. W9TH ST MEDIAN REPAIR _ Brick Paver Repair— S 9th at Saturn NRv.R ac eon 24025 Jun 2024 D_ 1 1 118.0 w rr lime.fS WA. 11"1. DATE REVISIONS • Cr) _ _ t Z A a'li, i. - Cri i 7:- -ZI: a i F C LR 12 C&Gliria . f. MAG LIA RD R&R 13 -&R 12 -. .„ C&G s 14 LF .. 9Th, m . -ip'•• ~ ' r IR 41 \ -.,R . --- . . \ R&R 13 12 LF S. 9TH at SOUTH TURN BARRIER � •. A RD 1,3 LF CITY OF SA! 'A, 300 W ASH, SALINA, KANSAS PUBLIC WORKS-ENGINEERING- UTILI AES 9TH ST MEDIAN REPAIR Curb&Gutter-S. 9th at Magnolia Rd. Male PM aae 24025 Jun 2024 D-1 2 _. _ nnwc I..awl......nmid. l"811 DATE RENSIONS i ES r R&R 94 C&G PARKWAY AVE • Pu w•.r�Y �tiV N... ' j111�, Cr5 110: i NORTH BARRIER N R&R an'OF SAUNA, 300 W ASH, SAUNA, KANSAS 19 LF S 9TH ST PUBLIC*t)RKS-ENGINEERING- U7/U7IES 9TH ST. MEDIAN REPAIR Curb&Gutter-S 9th at Parkway Ata. /Mat ac wsa 24025 Jun 2024 D-13 'awe ft* waft �^ ws DATE RENSIONS Wirr HOF 111:0 Z Remove loose, sinking and damage. brick pavers, clean pavers. Repair R&R 15 underlying base and reinstall pavers in matching pattern. 20 SF PARKWAY AVE �• u NORTH BARRIER Lam, cs) Brick Repair Area 75 �` PARKWAY AVE CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS—ENGINEERING— UAUTIES 9TH ST MEDIAN REPAIR Brick Paver Repak—S 9th at Parkway Ave. Aar NO pC Mer. 24025 dm 2024 D-14 name Mrrr wrrseyry I"1C.L DATE RENSIONS mem #' m ' a '01, ,— Cr) RIFFEL DR .. Øk 'i _-1 1 % \ R&R16 `J' \\... 1\1.\. ___________ 1 IIIIPIIIIIII .. - , r i 7 SOU TH BARRIER 1 .. -- S 9Ty` ST • 4/6) R 16 19 LF \`\ CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS RIFFEL DR PueuC WOKS-ENGINEERING- UAURES ,.- 9TH ST MEDIAN REPAIR Curb k Gutter- S 9th at Rifle/Dr. PRO/Mr VAIE 24025 Jun 2024 D-15 DATE REVISIONS IRON AV 4454 . 'VIA: 7:414_,, Ai' N. �a Pr s ,44;2 o 'i. a, • ') move I...;-..=, •sinking ar). damaged w' I b •ck 2av_ers, clean payers. Reb eir ' '- '-H. "i ,` -. R&R 77 underlying base and reinstall ti�-v `'• ', .,, • Brick in ctcn1,lg patten. 480 _S: a, -. 4 I , t :S _.,ir. - s 4. f FOP IRON A V 1.ill 1� 4 _ _ - BRICK REPAIR AREA 17 -•,,..„,....... '`__...,„_ . - - " C/7Y OF SAUNA, 300 W ASH, SAUNA. KANSAS .'-„,...”, ,____- _.r __ .. ;. PUBLIC WORKS-ENGINEERING UAUAES S. FRONT ST 9TH ST. MEDIAN REPAIR " Brick Street Repair-Front �+Q ac sm 24025 kin 2024 D-16 ,. au—,Rr,.r(s MUIR In as DATE REVISIONS I L _ BRICK REPAIR III' "� r '• AREA 18 _ - - _ - ' BRICK REPAIR AREA 19 rR&R 18- BRICK REPAIR ,-;.,--:....-----.,:-.: :::-'.;•--,41,-:=.---4.., - _ AREA 20 *, - {,, Brick r . R&R 19 _ BRICK ` 110 • .. R&R 20 y ,, . , Brick •• ,-,y , I.� -'. - -,-- -I _ ___�._ 1 .- _ s ; -' • BRICK o 9 Remove loose, sinking and ,.- se . .--a^ damaged brick pavers, clean - 112 ' pavers. Repair underlying base - BRICK REPAIR and reinstall pavers in AREA 21matching pattern. 354 SF , . — ALLEY ,rw �' i• ' '• " ,,.,, CITY OF SALINA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS- ENGINEERING- UTTLITTES y-)----1).---' BRICK MEDIAN RENEWAL T Brick Street Repair- 110 S Front wm T � -.r-j .<L4 PRY IR s¢z j 1, 1 •€ 5 1 24025 Jun 2024 D-1 7 1 LATE i r[''S Ns 1 , .4.0IRS" : ..------ __-- - —11! q iii 401 BRICK REPAIR AREA 22 R&R 22 F. 1 _ Brick -- - 112 ' 4 -111::._, , , . ..„ .... R&R 3 II , a r y ALLEY . - -.11 Nil =�" 4 — ' ii Remove loose, sinking and damaged ___ ______. __ ii4r brick pavers, clean pavers. Repair . = ' _, underlying base and reinstall pavers + . _ ,, in matching pattern. 655 SF — f _ - CI TY OF SALINA S 300 W A SH,ERINALI N,UKANSAS WO— - BRICK REPAIR ,''. ti.. AREA 23 9TH ST MEDIAN REPAIR .;x, • Brick Street Repair— 112 S. Front nw do WCAs pm 24025 Jun 2024 D_1 8 DATE REVISIONS 4^ I1 I I', 4"i' r BRICK REPAIR AREA 24 GYPSUM AVE. Q O Q.) • GYPSUM AVE. R&R 24-\\ 7MH ..., Brick ; Y 1\/i R&R 25 BRICK 16'-0" Remove loose,, sinking and damaged brick pavers, 'ean pavers. Repair underlying ba eland reinstall pavers in matching p ttern. 200 SF ^) `-J — 1 O�>4C/ OF SAUNA, 300 W ASH, SAUNA, KANSAS BRICK REPAIR PUBLIC WORKS— ENGINEERING— UALI77ES AREA 259TH ST. MEDIAN REPAIR Brick Street Repair— Gypsum &Columbia nk,AQ AM 9QT. 24025 Jun 2024 D-1 9 DATE REVISIONS GENERAL NOTE Combined curb and gutter or gutter adjoining concrete pavement may, at the contractor's option, be constructed either monolithically or separately, using either the mix used in the concrete pavement or Concrete Grade 3.0 (AE). The combined curb and gutter or gutter shall have the same section as shown on the plans. If constructed monolithically, the longitudinal joint and dowel bars shall be omitted from the combined curb and gutter or gutter. Pavement Joints shall be continued through curb or gutter and no other planes of weakness will be required. Joints in the combined curb and gutter or gutter are to be filled with the same material as used for the pavement joints. Expansion joints in the combined curb and gutter are to be placed opposite expansion joints in the pavement. Where combined curb and gutter or gutter does not abut concrete pavement or concrete base course, omit tie bars and place a 1" Preformed Expansion Joint Filler (Type B) cut to the dimensions of the combined curb and gutter or gutter, at a spacing not to exceed 250' and at the ends of curb returns. Planes of weakness shall be constructed at 10'-0" intervals. A 4' length of transition from normal gutter section to the tapered gutter section shall be used at the ends of each run of gutter except where the gutter abuts a curb, such as at the end of a bridge. Inlets shall be located so as not to fall within this transition section. Where pressure relief joint is placed across the pavement, and gutter or curb and gutter is continued on for more than 10', use 4 x4" membrane sealant installed with bonding adhesive through gutter section, shaped to fit gutter or curb and gutter. See Std. Drawing RD712 for expansion joint treatment where combined curb and gutter or gutter abuts a bridge wing on a U—type abutment — see bridge drawings. Longitudinal joints shall be sawed and sealed with joint sealant, see Standard Specifications. If constructed monolithically, the longitudinal joint is not required. CITY OF SALINA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS— ENGINEERING— U1/1.17/ES 9TH ST. MEDIAN REPAIR Curb&Gutter— General Notes NW MR aC ase 24025 Jun 2024 D- 20 raw Room/CTAU I"m DATE REVISIONS 2'-6" R2 1/2"—\\ 9 1 9» R2 1/2" 1 —7.75" Slope—\\jT . d — L 775 1._6» h , :i.�: . . k' 't • j ° �'J 4. . s .� yk' +' d d 4 I J I k 1 [! : Varies COMBINED CURB & GUTTER (TYPE I) TYPICAL SPILL CURB DETAIL Scale: N. T S. Scale: N. I.S. 2'-6" 1.5" —1.75" —775" 9.00 1'-9" 1 d o° - °4 I d. e G I d 1 (0 < ' d ° . 1 R, d 4 COMBINED CURB & GUI1ER (TYPE 10 Note: All exposed edges shall be finished Scale: N. I.S. with an edging tool. Place a 1" Preformed Expansion Joint Filler (Nonextruding, Type B) at a spacing not to exceed 250' CITY OF SAUNA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS- ENGINEERING- UTILITIES 9TH ST. MEDIAN REPAIR Curb &Gutter- Standard Details 24025 Jun 2024 D—21 .0............0.1., I.,Iml DATE REVISIONS - Final Pvmt. Cut — Limits of Repair - Match vBrick Pavement v ^Exist Pvmt 3 3 (n �n Replace 6"concrete. 1/2" Clean Granular Sand 1 1 1 1I L I . " In medians that will not be driven on, 4" • .. • non-reinforced concrete. Subgrade treatment BRICK PAVEMENT PATCH DETAIL General Notes: 1. Any excavation left open overnight in any roadway shall be securely plated. 2. Permanent pavement markings shall be rep/aced with like materials within fourteen days after pavement surface has been replaced, unless authorized by the City Engineer. 3. All Utillity Patches within roadway shall be backfilled with excavatable flowable fill mix or suitable material compacted to a density equal to or greater than 95% of the maximum density of the soil obtained by the testing method of ASTM D-698 the latest revision. an'OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS— ENGINEERING— U7107IES 4. Reinforcingsteel to be incidental to patchingand shall not be 9TH ST. MEDIAN REPAIR Brick Pavement Patch — Detail 3 considered and extra pay item. MI. AOC 24025 �n 2024 D-22 neve ffie,rus...�+ rr I'"M. DALE REVISIONS Install sufficient delineators, or barricades or flagmen to ensure positive closure. (Remove when Install sufficient delineators, newly placed UBAS is cured adequately to or barricades or flagmen to let traffic cross) ensure positive dasure. (Remove when newly placed UBAS Is cured adequately to let traffic cross) \\\\\\\\\\\\\N\ 40,1,z ,utrk Install sufficient delineators, rr or barricades or flagmen to Install sufficient delineators, ensure positive closure. (Remove when or barricades or flagmen to newly placed UBAS Is cured adequately to ensure positive closure. (Remove when let traffic cross) newly placed UBAS Is cured adequately to let traffic cross) Install Rood Closed Sign at Install Road Closed Sign at nearest intersection ROAD nearest Intersection (Typical) (1)Pical) = WORK AFEAD CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS—ENGINEERING— UTILITIES 9TH ST. MEDIAN REPAIR TRAFFIC CONTROL ARTERIALS eev,n aC sue 24025 Jun 2024 D-23 s—Wb,It*(5 WI, ID"MC DATE RENSIONS Channelizing Device Pavement Marking (Temporary) k k k Arrow Display C B A Distance Distance Distance Buffer Taper'L' Space Work Space Downstream Taper Shoulder Advanced Warning Area Taper _ 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 W= Width in offset feet RURAL(60 MPH OR HIGHER) 750 750 750 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)Channelizing 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—ENG/HEERING— (MUTES the new path.The arrow sign should not be visible to opposing traffic. (5)Alternating diagonal orange and white striping must slope 9TH ST. MEDIAN REPAIR downward in the direction traffic is expected to pass. KDOT Traffic contra — te700A WI ar aee 24025 .,un 2024 D-24 Aewc MEW x IAA. lac— DATE REVISIONS l lA) 0 O Install sufficient delineators, (f) or barricades or flagmen to Install sufficient delineators, ensure positive closure. Q or barricadesicadesor flagmen to Q ensure positive closure. ) \\•:_--._ I WORKZONE N \` �� —7 \ // Install sufficient delineators Install Road Closed Sign and or barricades or Hagman to Install sufficient delineators, ensure positive closure. barricades, or flagmen to ensure positive closure. Install sufficient delineators, or barricades or flagmen to ensure positive closure. Install Road Closed Ahead Sign at nearest intersection (Typical) Install Install Road Closed Sign neaRodinteCls Sign at 7 at (Typical) nearest intersection (Typical) 1 r 1 CITY OF SAUNA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS—ENGINEERING— U77LI7iES 9TH ST. MEDIAN REPAIR TRAFFIC CONTROL RESIDENTIAL — DETAIL 1 MON se ac Sere 24025 Jun 2024 D-25 Ate'an ser named R>wiwe I"'MI- N JGQF- �. Wv I Z Jin ::'' U Q2 z F ;:lid si � oi � wL. W wa N I 0f a impp I- Z e h3 N 8 0 1 U I— � N i 5 U � Q T K ; 1 1 T ./ Note: •// Eliminate One Lane Road Ahead sign ./ when the work allows 2—way traffic (22' min). o Work shall be scheduled to minimize disruptions to residential access. 0 „ SiP Contractor is responsible for protecting I work areas from traffic with sufficient delineators or barricades. 1 Traffic control devices shall meet MUTCD requirements. T 1 ) r LEGEND Traffic Control Sign 1. TYPICAL TRAFFIC CONTROL Delineator 0