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Project No. 2023A1007-001 NRRP Home #1 Manual atyof Salkia KANSAS COMMUNITY RELATIONS DIVISION OF COMMUNITY & DEVELOPMENT SERVICES PROJECT MANUAL PROJECT NO. 2023A1007-001 NEIGHBORHOOD REPAIR & REHAB PROGRAM (NRRP) - 2023 FHLBank Home #1 1121 State St. Salina, KS 67401 SEPTEMBER- 2024 TABLE OF CONTENTS REQUEST FOR BIDS ADDENDUMS (IF ANY) INSTRUCTIONS TO BIDDERS 5 BID FORM 7 CONTRACT 10 NOTICE OF AWARD 15 NOTICE TO PROCEED 16 CERTIFICATE OF FINAL COMPLETION 17 CONSTRUCTION GENERAL CLAUSES TABLE OF CONTENTS 18 GENERAL CLAUSES 21 INSURANCE REQUIREMENTS (Schedule A) 35 SPECIFICATIONS GENERAL 37 JOB SPECIAL PROVISIONS 38 DRAWINGS Revised 7.26.24 REQUEST FOR BIDS The City of Salina, Kansas is currently accepting sealed bids for the following project. Submit to the office of the City Clerk, City-County Building 300 West Ash, Room 206 Salina, Kansas, by 2:00 p.m.(Central),WEDNESDAY,OCTOBER 2,2024,at which time all bids will be publicly opened and read aloud. NEIGHBORHOOD REPAIR&REHAB PROGRAM(NRRP) -2023 FHLBank Home#1 PROJECT NO.2023A1007-001 The contract documents are the property of the City of Salina, Kansas,and are available for public inspection at the office of the Community Relations Division,City-County Building 300 West Ash St., Room 101, Salina, Kansas. Please contact Community Relations Division at (785) 309-5745 or e-mail community.relationAsalina.org with any questions in regards to this project, reference above project number.No faxed bids will be accepted. Late bids will be returned unopened. Questions regarding these Instructions to Bidders or the other Contract Documents shall be submitted in writing to the Project Contact no later than ten (10) days from Bid published date. The Project Contact shall respond in writing and publish in an expeditious manner an addendum to the project if a change to the bid is done, no later than three (3) days prior to the opening of Bids. Disciplined based partial bids are acceptable. The City of Salina, Kansas, reserves the right to reject any or all proposals and to waive any irregularities therein. "Site Walk" is scheduled for Tuesday, September 17, 2024 from 2pm - 4pm for all interested bidders that would like to become familiar with it as to the general, local and site conditions that may affect cost,progress,and performance of the work. THE CITY OF SALINA,KANSAS /s/Nikki Goding CITY CLERK ADDENDUMS PAGE LEFT BLANK ADDENDUM WOULD GO HERE 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. The City may consider proposals that include more affordable alternatives that are presented and identified in the Contractor's Bid. 3. Each Bidder and/or Bidder's representative shall be acquainted with all conditions pertaining to the proposed Work,and shall personally examine the Site 1121 State St.Salina KS. 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 and signed.Disciplined based partial bids are acceptable. 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 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 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. 8. 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. 9. 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. Revised 8.26.24 5 I P a g e INSTRUCTIONS TO BIDDERS 10. 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. 11. Contractor will honor the rates set forth in the bid for sixty(60)days from the date of the Bid opening. The City may, however, in its sole discretion, release any Bid security prior to that date. 12. 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. 13. 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. 14. 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. 15. 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. 16. Questions regarding these Instructions to Bidders or the other Contract Documents shall be submitted in writing to the Project Contact no later than ten (10) days from Bid published date. The Project Contact shall respond in writing and publish in an expeditious manner an addendum to the project if a change to the bid is done, no later than three (3)days prior to the opening of Bids. All questions concerning this project during the bidding process shall be forwarded to the Project Contact listed below. Lily Morales, Project Contact&Grant Administrator 300 W.Ash Street Rm 101 Salina, KS 67402-0736 Community.relations@salina.org Telephone Number: (785) 309-574 Revised 8.26.24 Wage BID FORM Project Name: Neighborhood Repair &Rehabilitation Program(NRRP) 2023 FHLBank Home#1 — 1121 State St. • Project:No.: 2Q23A1007-001 1. Proppsal 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. 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 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. . . . . 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 and/or Bidder's representative has visited the Site on Tuesday, September 17, 2024 from 2pm—4pm and become familiar with it and is satisfied as to the general,local, and Site conditions that may affect cost,progress, and performance of the Work. The City may consider proposals that include more affordable alternatives that are presented and identified in the Contractor's Bid. c. Bidder has given Community Relations Division written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the proposed Contract Documents, and the Community Relation Division's written explanation is acceptable to Bidder. • 7�Pg Revised 8.26.24 z 4. Bid Price. Bidder will complete the Work in accordance with the Contract Documents for the following (Project Contact will only be able to select the repair line items from the overall Bid proposal that fall within the reimbursement amounts allowed by the grant guidelines.Not all proposed bid categories may be awarded.): _ Pay . .. .. Bid Amount Item Description No. HOME INTERIOR .. .. .., $ 1 ,$40.OD I Attic Insulation: Remove and replace ceiling insulation. ` HOME EXTERIOR Windows: Remove and replace eight(8) old windows with New Vinyl $ 8,238.00 2 windows. 3 Gutters Flashing& Gutters: Install New. $ 1 ,741.00 7 4 - ,. exterior wall-covering(Siding): Remove,replace and paint Hardboard $ 15,158.00 D 4 a Sidin . .. . . . . . . _ . (.. Front Porch: Remove and replace floor boards that are deteriorated;paint $ 2,366.00 �/ $ orch and reinforce loose railing. • No Bid - Gan Back Railing: Remove and replace to be within code compliant landing $ price as- Change 6 system. .. TOTAL BID $ 29,358.00 5. Separate Bids for Item Numbers. Bidder acknowledges and agrees that Bids fot each of the Item Numbers listed above shall be considered as separate Bids, and the City may award one Contract for all Item Numbers together, or separate Contracts for one or more Item Numbers.Disciplined based partial bids are acceptable. 6. Time of Completion. Bidder agrees that the Work will be completed by DECEMBER 4, 2024, and payment will be made in accordance with the General Clauses. Bidder accepts the provisions of the Contract as to liquidated damages. 7. Definitions. Terms used in this Bid shall have the meanings assigned to them in the General Clauses c included with the proposed Contract Documents. , 8. Business Designation.Bidder represents that its business designation is as follows (check one) • I l Please indicate the state in which entity is Individual/Sole Proprietorship organized* Partnership Corporation* Kansas Corporation — Limited LiabilityCompany 1 X Limited Liability Company* Kansas . , . Other: .. . . .._ ' . . .. .. . .. . l I . • _. _�_y,_Revised 8.26.24 JourneyWorks, LLC NAME OF BIDDER: . . . ADDRESS: 1716 S. Holmes Road Salina, Kansas 67401 E-MAIL ADDRESS: bbristow@'ourne -works.co BY: Bill Bristow - Co-Owner DATE SUBMITTED: 10/02/2024 -- __"...._......._.._—~___Revised 8.26.24 CONTRACT BETWEEN THE CITY OF SALINA, KANSAS and JOURNEY WORKS, LLC for NEIGHBORHOOD REPAIR& REHAB PROGRAM(NRRP) 2023 FHLBank Home#1 This Contract is entered into t D ll l l20 2� , 2024 by and between the City of Salina, Kansas,(the"City")and Contractor's Name,an entity of organization(the"Contractor"). Recitals A. The City desires to contract for the construction of infill housing improvements described as Neighborhood Repair&Rehabilitation Program(NRRP)—2023 FHLBank Home#1(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 ® Drawings X Instructions to Bidders ® General Clauses Bid Form ® Notice to Proceed(to be issued) Performance Bond Certificate of Completion(to be issued) Statutory Payment Bond Other: P1 Specifications There are no Contract Documents other than those above listed. 3. Responsibilities and Representations of the Parties. 3.1. Responsibilities. The parties agree to perform the responsibilities outlined in the Contract Documents. 3.2. Representations. In order to induce the City to enter into this Contract, the Contractor represents that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the Contract Documents; (b)visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress and performance of the Work;and(c)become aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 4. Schedule and Completion Times. 4.1. Time is of the Essence. All of the time limits for Milestones, if any, Final Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract. Revised 8.26.24 10 I P a g e CONTRACT 4.2. Completion Times. The Work will be 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 completion and readiness for final payment until the Work is completed and ready for final payment as fixed in the certificate of final completion, the Contractor agrees to pay liquidated damages to the City in the amount of$100.00 in accordance with the General Clauses. 5. Payment. The City shall pay on a reimbursement basis for work completed every 30 days after Notice to Proceed issue date. Contractor must submit the City's Contractor's Application for Payment along with supporting documentation reflecting labor costs, supplies, materials, and photo evidence of work advancement to the Project Contact to review and approve for payment processing which shall be done in accordance with the Payments to Contractors Section in the General Clauses. 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. Indemniticatign. 8.1 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,disease,death,or injury to,impairment,or destruction of property, including loss of use resulting therefrom(collectively, "Losses"), to the extent that such Losses 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. 8.2 Only in the manner and to the extent permitted under applicable law,including but not limited to the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., the City agrees to defend, indemnify and hold harmless the Contractor,its agents,representatives,officers,officials and employees, against any Losses,but only to the extent the aggregate of such Losses arising out of a single Revised 8.26.24 11 1 P a g e CONTRACT occurrence or accident do not exceed applicable policy limits under the City's commercial general liability insurance policy,and only if such Losses arise out of or in connection with any negligent act or omission,or intentional misconduct,on the part of City or any of its employees or agents in the performance of its obligations under this Agreement. 9. Contractor's right to stop work or terminate contract. See General Clauses. 10. Remedies. See General Clauses. 11. 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. 12. Notices. All notices required or permitted to be given pursuant to this Contract shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but if the receipt is not returned within five(5)days,then three(3)days after mailed, if sent by registered or certified mail or commercial courier service;or the next business day,if sent by overnight air courier service. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY OF SALINA,KANSAS CONTRACTOR City Clerk Journey Works Attn: Michelle Martin,CRD Supervisor 1716 S.Holmes Rd. P.O.Box 736 Salina,KS 67401 Salina,KS 67402-0736 13. 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. 14. 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. 15. 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. 16. Subcontracting. See General Clauses. 12 I P a g e Revised 8.26.24 CONTRACT 17. Compliance with Applicable Law.Contractor shall comply with all applicable federal,state,and local law in the performance of this Contract. 18. 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. 19. 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. 20. 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. 21. Richt to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Contract reviewed by legal counsel of the Contractor's choice. 22. Applicable Law:Venue. This Contract and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Contract,the sole and exclusive venue shall be in the Saline County,Kansas District Court. 23. Interretation. This Contract shall be interpreted according to its fair meaning,and not in favor of or against any party. 24. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m.of the next full business day. Revised 8.26.24 13(P a g e CONTRACT 25. Severability. The unenforceability,invalidity,or illegality of any provision of this Contract shall not render the other provisions unenforceable,invalid,or illegal. 26. Authority and Consent to Transaction. Each party represents to the other that the person executing this Contract has full and legal authority to bind such party to the terms of this Contract,and that the execution and delivery of this Contract have been duly and validly authorized by the governing body of each party. 27. Persons Bound. This Contract shall extend to and bind the heirs,executors,administrators,trustees,successors and authorized assigns of the parties hereto. 28. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. • 29. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought. 30. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract,or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract,but each and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 31. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding arbitration. 32. No Third Party Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under this Contract. There are no intended third party beneficiaries under this Contract,and no third parties shall have any rights or make any claims hereunder. 33. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 34. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 35. Headings. The headings of the sections of this Contract are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 36. 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 WTTNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized representatives. CITY OF SALINA,KANSAS JOURNEY WORKS,LLC By: Mich.-1� chrage,C.• anager By: r r /AL- • es od g, i Cle I • (name) A . �� : IUA+vIK�u�� �l�`l�t-() Fo . al C nsel (title) co Revised 8.26.24 14 IP a g e ----- ® AC DATE(MM/DDIYI'Y1') RD CERTIFICATE OF LIABILITY INSURANCE 10/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS', CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). j-'' CONTPRODUCER NAMEACT Jesse Lennon • Shelter Insurance (7210.Ext): 785-823-5129 N,Na,:lasazssoon 2737 Belmont Blvd A E-MAIL JLennon n�Shelterinsurance.com Salina, KS 67401 INSURER(S)AFFORDING COVEkAGE NAICII INSURER A: Shelter Mutual Insurance Company 23388 INSURED Journey Works LLC INSURERB: Shelter General Insurance Company 23361 1716 :S Holmes Rd INSURERC: Salina, KS 67401-9015 INSURER D: -_ INSURER E: 1 INSURER F: II COVERAGES ' CERTIFICATE NUMBER: 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. ILTR TYPE OF INSURANCE ADDLISUBR POLICY NUMBER (_MM/0D/YVYY)I IEFF I MM/DDrYYYY1 LIMITS LTR JNSO mil_ A X COMMERCIAL GENERAL LIABILITY Y Y 15-31-10652955-3 08/25/2024 08/25/2025 EACH OCCURRENCE 51,000,000 CLAIMS-MADE ! X DAMAGE TO RENTED OCCUR PREMISES(Ea occurrence) 5100,000 MED EXP(Any one person) 5 5,000 - I PERSONAL SADV INJURY 5500,000 GE- N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 51,000,000 X POLICY I 1 PRO- LOC PRODUCTS-COMP/OP AGG S1,000.000 _ JECT S OTHER: I COMBINED SINGLE LIMIT s B AUTOMOBILE LIABILITY Y Y 15-1-10652955-13 08/25/2024 02/25/2025 IEeecddent) ANY AUTO BODILY INJURY(Per person) 5250,000 OWNEDSCHEDULED BODILY INJURY(Per accident) $500,000 AUTOS ONLY x AUTOS HIRED ,' NON-OWNED PROPERTY DAMAGE $250,000 AUTOS OLY _ AUTOS ONLY (Per eccldent •S UMBRELLA UAB U I OCCUR EACH OCCURRENCE S ___ I EXCESS LIAB I CLAIMS-MADE AGGREGATE S I DED ! , RETENTION S 5 WORKERS COMPENSATION I PER 1 STATUTE 1 ER0TH. AND EMPLOYERS'LIABILITY Y I N I ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT 5 OFFICERIMEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace Is required) NRRP City Project to Rehab Home #1 t• CERTIFICATE HOLDER CANCELLATION ' City of Sall ha ' • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEb'BEFORE• • 3OO W Ash' St LITHE EXPIRATION DATE THEREOF,,'I OTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRO,VISJIONS. Salina, KS 67401 ' • - ,D AUTHORIZED REPRESENTATIVE / i r'. I ©1988-2016 ACORD tORP.ORAT1ON. All rights reserved. ACORD 25(2016103) The ACORD name and logo,are registered marks of ACORD - � 1 ® ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/W W) �.i 10/15/2024 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 NAME: BIBERK AHONN,Eat): 844-472-0967 (A/C,No): 203-654-3613 P.O. Box 113247 E-MAIL Stamford, CT 06911 ADDRESS: customerservice@biBERK.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Berkshire Hathaway Direct Insurance Company 10391 INSURED INSURER B: Journey Works, LLC INSURER C: 1716 S Holmes Rd INSURER D: Salina, KS 67401 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 IN SD WVD (MMIDD/WWI IMMIDDIWW) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 0 DAMAGE RENTE CLAIMS-MADE f OCCUR PREM SESO(Ea occurrence) $ 0 MED EXP(Any one person) $ 0 PERSONAL R ADV INJURY $ 0 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 0 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WOR KERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER A OFFICER/MEMBER EXCLU ED ECUTIVE Y N N/A N9WC049140 09/20/2024 09/20/2025 E.L.EACH ACCIDENT $100,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 Professional Liability (Errors & Per Occurrence/ Omissions): Claims-Made Aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Exclusions: Thomas Stein; Tyler Lund; CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ci 3 y W Ash aSACCORDANCE WITH THE POLICY PROVISIONS. Salina, KS 67401 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACO RD SALINA COMMUNITY RELATIONS DIVISION City of 300 West Ash Room 101 TELEPHONE• 785.309.5745 E-MAIL • community.relations a(�.salina.org WEBSITE: www.salina-ks.gov/crd Safina October 4,2024 Journey Works, LLC 1716 S.Holmes Rd. Salina, KS 67401 RE: Notice of Award for City of Salina Project No. 2023A1007-001 Dear Journey Works, LLC: The City of Salina has considered your Bid dated October 2, 2024 for the above Project. You are the successful Bidder and are awarded a Contract for Neighborhood Repair&Rehabilitation Program(NRRP) —2023 FHLBank Home#1,Project No. 2023A1007-001. The Contract Price of your Contract is Nineteen Thousand Two Hundred Seventy One. ($19,271.00) for the following proposed bid items. Gutters Flashing &Gutters: Install New. $1,747.00 Exterior wall-covering(Siding): Remove,replace and paint Hardboard Lap Siding. $15,158.00 Front Porch: Remove and replace floor boards that are deteriorated;paint porch and $2,366.00 reinforce loose railing. The Proposed Contract accompanies this Notice of Award. As a condition precedent to the Contract award,you must deliver the following documents to the Community Relations Division,City-County Building, 300 W.Ash, Room 101, 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. The Certificate(s)of Insurance as specified in the General Clauses page 35 (contract section 6). Failure to comply with these conditions within the time specified will entitle the City to consider you in default,annul this Notice of Award,and declare your Bid security forfeited. Within ten(10)days after your timely satisfaction of these conditions, the City will return to you one fully signed counterpart of the Contract. Please contact me if you have any questions. Sincerely, 1/1/4eild Enclosures 151Page SALINA COMMUNITY RELATIONS DIVISION City of 300 West Ash Room 101 TELEPHONE • 785.309.5745 E-MAIL • community.relationsAsalina.org WEBSITE: www.salina-ks.qov/crd Salina NOTICE TO PROCEED Issued Date: October 18, 2024 Project: Neighborhood Repair& Rehabilitation Program(NRRP)—2023 FHLBank Home#1 Owner: City of Salina Project No.: 2023A1007-001 Contractor's Name& Address: You are notified that the Contract Times under the above Contract will commence to run on October 18, 2024. In accordance with the Contract, the deadline for final completion and readiness for final payment is DECEMBER 4, 2024. Please contact our office(785-309-5745)within 1 week to schedule a Pre-Construction Meeting that will work with your schedule to discuss the work schedule planned to complete this project. CITY OF SALINA, KANSAS Owner Given :i( Authorized Signature Lilian Morales Grant Administrator Copy to Community Relations Supervisor 161Page SALINA COMMUNITY RELATIONS DIVISION City of 300 West Ash Room 101 TELEPHONE • 785.309.5745 E-MAIL • community.relations(a�salina.orq c ' WEBSITE: www.salina-ks.qov/crd Salina CERTIFICATE OF FINAL COMPLETION Contractor: Project: 2023A1007-001 Property Address: Date of Issuance: Date of Final Completion: This Certificate of Final Completion applies to: ❑ All work under the Contract Documents ❑ The following specified portions of the Work The Work to which this Certificate applies has been inspected by authorized representatives: Certified 3rd Party Inspector, City Inspector, Contractor, and Community Relations Division (CRD), and found to be complete as of the date designated above. ❑ Items listed/identified on the Final Completion walk through have been completed or corrected and all work performed passed Final Inspection. ❑ The following documents are attached to and made part of this Certificate Final Inspection Report 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 City Inspector Date: Executed by CRD: Date: Executed by Contractor: Date: Executed by 3rd Party Inspector: Date: Executed by Property Owner: Date: 171Page CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS 1. APPLICATION GC-21 2. DEFINITIONS GC-21 a. Bid GC-21 b. Bidder GC-21 c. Change Order GC-21 d. City GC-21 e. Contract GC-21 f. Contract Documents GC-21 g. Contract Price GC-21 h. Contract Times GC-22 i. Contractor GC-22 j. Drawings GC-22 k. Grant Administrator GC-22 1. Inspector GC-22 m. Milestone GC-22 n. Notice to Proceed GC-22 o. Site GC-22 p. Specifications GC-22 q. Standard Specifications and Test Methods GC-22 r. Work GC-22 3. TERMINOLOGY GC-23 a. Day GC-23 b. Defective GC-23 c. Furnish GC-23 d. Install GC-23 e. Perform; Provide GC-23 4. COMMENCEMENT OF CONTRACT TIMES;NOTICE TO PROCEED GC-23 5. INSURANCE REQUIREMENTS GC-23 6. PATENTED DEVICES AND PROCESSES GC-24 7. WATER, GAS AND ELECTRICITY GC-24 8. PERMITS, LICENSES AND REGULATIONS GC-24 9. NOTICES GC-24 10. OBSTACLES AND OBSTRUCTIONS GC-24 a. Subsurface Obstructions GC-24 b. Surface Obstructions GC-25 Revised 8.26.24 18 I P a g e CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS c. Public Utilities GC-25 d. Trees and Shrubs GC-25 e. Sodded and Landscaped Areas GC-25 f. Privately Owned Obstructions GC-26 11. BARRIERS AND LIGHTS GC-26 12. RESPONSIBILITY FOR PROPERTY DAMAGE GC-26 13. PUBLIC CONVENIENCE GC-26 14. QUALITY OF MATERIALS AND EQUIPMENT GC-26 15. WORKMANSHIP GC-26 16. PRESERVATION OF MONUMENTS AND MARKERS GC-27 17. TEST SAMPLES AND SPECIMENS GC-27 18. SPECIAL CONSTRUCTION METHODS GC-27 19. REPRESENTATION GC-27 20. COOPERATION GC-27 21. INCIDENTAL WORK GC-28 22. FINAL CLEAN UP GC-28 23. RESPONSIBILITIES OF THE CONTRACTOR GC-28 24. SANITARY CONVENIENCES GC-28 25. APPROVAL OF SUBCONTRACTORS GC-28 26. RESPONSIBILITY OF THE GRANT ADMINISTRATOR GC-29 27. INTERPRETATION OF CONTRACT DOCUMENTS GC-29 28. INSPECTION GC-29 29. WORK AFFECTED BY WEATHER GC-29 30. CONTROL AND REGULATION OF WORK GC-29 Revised 8.2624 191Page CITY OF SALINA KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS TABLE OF CONTENTS 31. USE OF COMPLETED PORTIONS GC-30 32. VARIATIONS, CHANGES AND MODIFICATIONS GC-30 33. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT GC-30 34. CITY'S RIGHT TO SUSPEND WORK GC-31 35. CITY'S RIGHT TO TERMINATE CONTRACT GC-31 36. PAYMENTS TO CONTRACTOR GC-32 37. EXTENSION OF CONTRACT TIMES GC-32 38. LIQUIDATED DAMAGES GC-33 39. ALTERNATES GC-33 40. CERTIFICATES OF COMPLETION GC-33 a. Final Completion GC-33 41. CONTRACTOR'S ONE-YEAR WARRANTY PERIOD GC-33 42. MAINTENANCE OF PROJECT SITE GC-34 43. SCHEDULE A - INSURANCE REQUIREMENTS GC-35 Revised 8.26.24 20 page 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 Grant Administrator 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. (d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or through legally authorized officials. (e) CONTRACT. The written agreement covering the performance of the Work. (f) CONTRACT DOCUMENTS. Those items so designated as the "Contract Documents" in the Contract. (g) CONTRACT PRICE. The moneys payable by the City to the Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Contract. Revised 8.26.24 211Page CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (h) CONTRACT TIMES. The number of days or the dates stated in the Contract Documents to: (i) achieve Milestones, if any; (ii) achieve Final 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) GRANT ADMINISTRATOR. The Community Relations Specialist assigned to administer the Neighborhood Repair & Rehabilitation Program of the City of Salina, Kansas. (1) INSPECTOR. 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 Final 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 upon which the repair and rehabilitation work is to be performed. (p) SPECIFICATIONS. The directions,provisions,and requirements pertaining to the method and manner of performing the Work,to the kind and type of equipment,or to the qualities of materials to be furnished. (q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and test methods of any society, association, or organization herein referred to are hereby made a part of the Contract Documents to the same extent as if fully set forth herein. Reference to such "Standard Specifications" shall be deemed to refer to the latest standard and tentative standards as are enforce on the date Bids are received. (r) 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. Revised 8.26 24 22 Page CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 Grant Administrator's recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City in accordance with Section 32). (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. (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. 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, providing such coverages and meeting such requirements as specified in Schedule A attached hereto. Revised 8.26.24 23 Wage CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 6. 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. 7. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on at the jobsite shall be provided by the property owner and made available to the Contractor and their staff to be able to perform the work. 8. 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, 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. 9. 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 Grant Administrator 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. 10. 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 or privately-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. Waste materials shall be disposed of in a satisfactory manner at approved locations. Unless otherwise provided in the Bid, no separate or additional payment will be made for any 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 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 Revised 8.26.24 241 P a g e CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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 10(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. (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 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 and re-seeded with grass or otherwise restored. Revised 8.26.24 25 I P a g e CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 Revised 8.2624 26 P a g e CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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. 16. 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 City. 17. 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 Grant Administrator. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. 18. SPECIAL CONSTRUCTION METHODS. The 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 Inspector 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. 19. REPRESENTATION. The Contractor shall be represented on the Work at all times by a competent superintendent, satisfactory to the 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 Inspector shall be as binding as if given to the Contractor. 20. 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 Grant Administrator or 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 City will allocate the Work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Inspector when acting within his authority;willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the Contract by the City. Revised 8.26.24 271Page CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 21. 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. 22. 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 and pleasing condition, as designated by the Inspector. 23. 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. No claim will be entertained for, or on account of, alleged inaccuracies unless the Contractor notifies the Grant Administrator 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 Grant Administrator and Inspectors 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. 24. 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. 25. APPROVAL OF SUBCONTRACTORS. The Contractor shall file with the City and the Grant Administrator the names of all subcontractors to whom the Contractor expects to sublet any portion of the Work, and shall not Revised 8.26.24 28 Rage CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS change subcontractors without written approval of the City and the Grant Administrator. 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. 26. RESPONSIBILITY OF THE GRANT ADMINISTRATOR. The findings and determinations of the Grant Administrator 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. 27. 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 City will determine in each case whether the Drawings or Specifications shall rule and govern. 28. 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 City or its representatives. The Inspector will conduct field tests on Work and materials whose physical characteristics and general suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the Work not meeting Contract requirements. Inspectors shall have no authority to deviate from or to relax the Specifications without written permission of the Grant Administrator 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. 29. 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 will be required to protect the several parts of exposed Work from damage by the elements or other causes. 30. CONTROL AND REGULATION OF WORK. The Grant Administrator or Inspector shall have the authority to exercise their judgment and initiative in the control and regulation of the Work. The Grant Administrator or Inspector may regulate the amount of Work open or under construction in advance of completed portions and Revised 8.26.24 29 I P a g e CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 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. 31. 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 Grant Administrator may determine. The City, in taking possession prior to final acceptance, shall agree to abide by the Grant Administrator's decision relative to responsibility for damages to the Work during the period of such prior possession and use. 32. VARIATIONS, CHANGES AND MODIFICATIONS. The Work contemplated in the Contract Documents may be subject to such changes as normally occur during construction. The Grant Administrator or Inspector, 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 Grant Administrator or Inspector may,without written order or other formality,correct obvious errors in the Drawings and Specifications or make such minor adjustments as are required to adapt the Work to existing conditions or circumstances,provided such corrections and revisions are consistent with the intent of the Drawings and Specifications, and do not materially affect the total Contract Price. The City reserves the right to make such changes in the Drawings,the Specifications, and other changes in the Contract quantities as may be considered necessary or desirable; provided such changes, alterations, and modifications are affected legally and in accordance with the following procedures. No Work may be performed under any Change Order until all documents have been approved by the Grant Administrator 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. 33. 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 Grant Administrator 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 Grant Administrator or awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the City and to the Grant Administrator, 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. Revised 8.26 24 301 P a g e CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS 34. 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. 35. 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 Grant Administrator;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 35(a) above occur,the City may, after giving the Contractor and its surety ten(10)days written notice of its intent to terminate the services of the Contractor,terminate the Contract or the Contractor's right to complete the Contract, and: i. Exclude the Contractor from the Site, and take possession of the Work and of all the Contractor's tools, appliances, construction equipment, and machinery at the Site,and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); ii. Incorporate in the Work all materials and equipment stored at the Site or for which the City has paid the Contractor but which are stored elsewhere; and iii. Complete the Work as the City may deem expedient. (c) If the City proceeds as provided in subsection (b) above, the Contractor shall not be entitled to receive any further payment until the Work is completed.If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court costs) sustained by the City arising out of or relating to completing the Work,such excess will be paid to the Contractor. If such claims,costs, losses,and damages exceed such unpaid balance,the Contractor shall pay the difference to the City. When exercising any rights or remedies under this section, the City shall not be required to obtain the lowest price for the Work performed. Revised 8.26.24 311Page CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (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. 36. PAYMENTS TO CONTRACTOR. The City shall pay on a reimbursement basis every 30 days after Notice to Proceed issue date based on the work completed.Contractor must submit the City's Contractor's Application for Payment along with supporting documentation reflecting labor costs, supplies, materials, and photo evidence of work advancement to the Project Contact to review and approve for payment processing as described in the Specifications. In making partial payments, ten percent (10%)will be retained from each payment then upon final completion that retainage will be released for payment. The total reimbursement payments cannot exceed the approved itemized repair line item as reflected in the accepted bid. 37. 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 Grant Administrator 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 Grant Administrator 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 Grant Administrator 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. The Contract Times may be extended by Change Order due to the occurrence of unusually severe weather if the Grant Administrator 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 8.26.24 32 Page 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. 38. 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. 39. 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. 40. CERTIFICATES OF COMPLETION. (a) FINAL COMPLETION. Upon written notice from the Contractor that the entire Work is completed and ready for final payment, the Grant Administrator will promptly make a final inspection. If the Contractor has, in the opinion of the Grant Administrator,satisfactorily completed the Work,including all punch list items,the Grant Administrator 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 one-year warranty period pursuant to Section 41 below. 41. CONTRACTOR'S ONE-YEAR WARRANTY PERIOD. If within one year after final acceptance (as indicated on the Certificate of Completion provided pursuant to Section 40 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 Revised 8.26.24 331 Page CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS (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 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 one year 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. Warranty Exclusions: This provision is not intended to warrant the Contractors work against normal wear and tear, natural disasters or matters otherwise protected by the homeowner's insurance policy. 42. 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 8.26.24 341 P a g e CITY OF SALINA, KANSAS GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS SCHEDULE A INSURANCE REQUIREMENTS (Construction Services) Pursuant to Section 6 of the Contract and Section 5 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 the workers' compensation policy to be obtained by the Contractor hereunder, all policies shall name as an additional insured 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 shall 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 one(1)year 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 $500,000 • General aggregate $1,000,000 • Personal and Advertising Liability $500,000 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 one(1) year after completion of all work under the Contract. Revised 8.26.24 35(P a g e 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 $500,000 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 8.26.24 36 P a g e SPECIFICATIONS 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 residential property owned or controlled by individuals on Legal Title/Deed within 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 Grant Administrator, 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 to the current City of Salina Code, with such revisions, amendments,and supplements as are contained herein. 5. KANSAS ONE CALL Prior to beginning work,the contractor shall request locates from Kansas One Call by calling 811 or e-mailing: www.kansasonecall.com. Revised 8.26.24 37 Wage SPECIFICATIONS 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. Lilian Morales, Grant Administrator 300 W Ash,P.O. Box 736 Salina,KS 67402-0736 (785)-309-5745 Lilian.morales@Salina.org 2. INSPECTION, SAMPLING&TESTING The Contractor shall allow the Inspector access to sample all materials for quality assurance purposes. 3. SANITATION SCHEDULE Streets shall not be closed to traffic on the street's regularly scheduled sanitation collection day. A map showing the sanitation collection schedule is included at the end of this section. 4. 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; 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 The Contractor shall not perform any work between the hours of Y2 hour before sunset until %2 hour after sunrise. 5. RESIDENT "Residents" are hereby defined as the occupants of a residential property or the owner and customers of a commercial property. 6. WORK SCHEDULE The Contractor shall complete the contractual work within the time frame provided on the Bid Form. If the Contractor is unable to meet this requirement, the Contractor shall immediately contact the Grant Administrator to request an extension of time allotted. Each Friday, the contractor shall provide a schedule to City of Salina staff indicating the work that the contractor plans for the week following. Revised 8262 38 I P a e e SPECIFICATIONS 7. CLEAN UP - WASTE&DEBRIS DISPOSAL All debris and construction work waste shall be removed from the property and deposited at the Municipal Solid Waste Landfill or properly recycled. Nails need to be cleaned up from jobsite properly to avoid property damages. 8. OBSTRUCTION OF THE RIGH OF WAY The Contractor will need to request a dumpster permit from Public Works if dumpster will be placed on the street by the sidewalk. 9. ON-SITE CONDUCT The Contractor and its agents and employees shall perform all services under this Agreement in a professional manner and shall exhibit good construction techniques. In addition,the Contractor's services shall conform to the following Requirements: a. All workers shall be suitably attired and use appropriate safety equipment. b. The Contractor shall comply with federal, state and local laws regarding the transportation and disposal of all waste materials and application if any chemicals associated with the work. c. The Contractor shall provide appropriate personnel trained in the task at hand, all of whom shall perform accordance with the specifications and requirements. 10. REQUIRED WORK DOCUMENTATION Contractor shall take one or more reasonably detailed color digital photo(s),at its own expense,BEFORE and AFTER the performance of all task(s),the photos must comply with the following: a. The photo(s)must generally demonstrate that the work has been performed. b. The photo(s)must be digitally time and date stamped Photo(s)must be submitted via electronic disc or e-mail,and must be received by the Grant Administrator before any payment will be made. At the time of submission, the photo(s) must be identified by address or project number. 11. CONTRACTOR'S INVOICE SUBMITTAL FOR PAYMENT In accordance with the processes for payment specified in the Contract, Section 5 and General Clauses, Section 36,the Contractor may submit monthly invoices for payment based on the work completed starting 30 days after the Notice to Proceed has been approved. Invoice can be submitted by e-mail to community.relations@,salina.org or mailed/hand delivered to Community Relations Division at 300 W.Ash St.,Room 101, Salina,Kansas. The invoice must include: a. Full Property Address b. Project Number c. Project Start and End Date If the City disputes any item in the Contractor's invoice for any reason,the City will promptly notify the Contractor and request clarification and or/correction. Following resolution of any dispute, the payment will be processed. Revised 8.26.24 39 Wage s DRAWINGS — SCOPE OF WORK HOME INTERIOR Attic Insulation: Remove and replace ceiling insulation. HOME EXTERIOR: Windows: Remove and replace eight (8) old windows with New Vin I windows. Nu —,__A"�-=1 _ - ---- ----- c VO -- y ----,,,,,,kk : . .....,. ____ i Sample of recently Installed Vinyl Window____.-- i , Ili 40IPage DRAWINGS — SCOPE OF WORK Gutter Flashing& Gutters: Install New Exterior wall-covering(Siding): Remove,replace and paint Hardboard Lap Siding. / , , 7110 !"""'"Il _ 0 Y ' yipp . 1 t :... !,.a '3 ` Prll� .n re"-- - 000,110, As part of the - - ''-- _ Siding job, _,, install Gable Vent. I _ •2024.MO;22 AM ``� ii aragx _-' .. 411Page .4 DRAWINGS — SCOPE OF WORK Front Porch: Remove and replace floor boards that are deteriorated;paint porch and reinforce loose railing witisitt„............„... m . ' , ,m t . , ..,, ,,_ ..T is .o. arm 44 Back Railing: Remove and replace to be within code compliant landing system. • .- _,.-44 T �► , gi.„„,....a.,„, ter, ��,` :. +y.` '4 +- ���' ! s .y +• ti _ t "..:. ' ',..',": "''•'C't:"-"''iliii- -- -41 *Iftd fr' f t 'I': :'n * -''' • ''---.-' ''''.- :-.°47..1, - -\''.-- \''—'''•-•:.%w-4------ -,, - -- -, -. -....... .. -...._-:„..„..,e,,,..„. ,...... :4.-..... ,. va, . , ‘,..a.. . .",:, h t ° , :d F • '. +: i • ems,.. i s • '. i.DR `' - a, � , > �_.\ a ,. ' -;.".4r. ' ,�;. }, k,*;,�, y,: Vii.. 42IPage