Asbestos Abatement - Museum
City of
Salin a
Smoky Hill Museum
Boiler Room Asbestos Abatement
Con tract
Project # 05-1521
OBíl3/2005 TUE 14: 39 FAX 316 264 4146 F & H I\SULATION
~ OOUOO2
F & H INSULAT/DiV, .l¡\TC.
RO. BlIx 550 5003 E. 61t;tStr- N. KflWI, K!.' 6iC67 PhoNe (3[(i)264~210S [<'(/.>:(316)264-4146
lndustriallnsuZation & ScaffÓlding Contrc.ldO!~~'
Ashes/os Ahatement
September 13, 2005
City of Salina
Byron Erickson
420 E. Ash
Salina
Page 1 of 1
KS 67401
Tel: (785) 309-5768
Fax: (785) 309-5769
Project: Asbestos Removal and Disposal from The smoky Hill Museum
F & H Proposal # 25.09.313
Dear Mr. Erickson.
We propose to furnish the labor, material and equipment for the removal & disposal of approx. 600 In. ft.
of asbestos containing pipe covering, approx 280 sq. ft. of boiler insulation, approx 205 sq. ft. of
breeching insulation, and approx 30 sq. ft. of water tank insulation from the. above listed location. ~
Nthl«l pri~. 'NUl be gi'/eR for approJl., 364 sEi. ft. at floor tile and mnstiG ft 0111 t! ¡e Squad Rool.. at ~
tl,~ ..It, bldg, Price does not include removal of any internal boiler asbestos containing materials
for either boiler.
REQUIREMENTS. CONDITIONS. EXCLUSIONS
1) All movable objects to be removed from the work area by the owner.
2) The work area must not be occupied by any persons other than properly trained abatement
personnel or the owner's authorized representative.
3) F & H shall mal~e, obtain and pay for all notifications, permits and fees required to perform this work.
All work and disposal shall comply with Federal, State and County Regulations.
4) Price quoted below does not include KS sales tax.
5) Price quoted below does not include bonding,
6) This proposal is submitted for your consideration subject to all terms and conditions set forth herein
and on the back of this sheet.
7) The price quoted does include genera! lìability insurance in the amount of (2) mH. per occurrence, (2)
mil. aggregate.
8) Temperature of pipe or equipment scheduled for insulation removal must be below 1500 prior to start
of work and must remain below 1500 for the duration of the project.
9) Any add-ons, modifications, or delays not the fault of F & H, will be billed at a cost plus rate. ()
Bid Price #1 (All green and red pipe covering, water tank)-.-~._._.._....._.._._,--_..__._.. $5,688.00::> 12... j'1- t ~
Bid Price #2 (Boller insulation and breeching insulation)..---....-....--....--..--. $6,848.00 --'
Bid Price #3 (Squad Room Floor tile and mastic) ..-..-----------.....--.-..-. ~i, 1 @8.98 ~
We at F & H Insulation, Inc., thank you for this opportunity and look forv.¡ard to hearing from you.
Should you have any questions, please do not hesitate to call.
Date:
F & fiJNSULA TIO~. . d~,
BY: /l-A...~./'.", (-~,.....v.{/í\
Gregory Smi~) c~_3--' )
Proposal approved by:
CONTRACT
í¡.\
THIS AGREEMENT, made and entered into this Æ day oftJðÚf./'t1e;(:./Lin the year Two
Thousand Five by and between
THE OWNER:
City of Salina
300 West Ash Street
Salina, Kansas 67401
THE CONTRACTOR: F&H Insulation, Inc.
PO Box 550, 5003 E 61 sl Street N.
Kechi, KS 67067
THE PROJECT:
City of Salina ,Smoky Hill Museum
Asbestos Materials Abatement
211 W Iron Ave., Salina KS 67401
SCOPE OF WORK:
The Contractor shall furnish all labor and materials, equipment and related services to perform and
complete all of the Work, as described in the attached proposal for the Smoky Hill Museum asbestos
abatement only. Project #05-1521. Subject to the following:
It is hereby further agreed that the undersigned anticipates that materials and equipment will be on hand at
the site in sufficient quantities to commence abatement on or before lí'November 2005; and the
completion of the construction, ready for acceptance will require ~ 7 - . ..1,," IIII' days. G,O:;
¡,uc.RI<; .
CONTRACT AMOUNT:
The Owner shall pay the Contractor for the faithful performance ofthe Work, upon satisfactory completion
and acceptance of the Owner, the total lump sum of "_twelve thousand five hundred thirty six dollars and
no cents_" ($12,536.00), subject to additions and deductions by change order as provided in the conditions
of the Contract Documents.
CONTRACT DOCUMENTS:
The Owner and the Contractor agree that any reference herein to the Contract shall include all Contract
Documents listed and prescribed in the referenced General Conditions and the Contract Documents as fully
as if set out at length herein.
IN WITNESS WHEREOF, the parties hereto have caused execution of this instrument in three (3) original
counterparts as of the day and year above written.
CONTRACTOR:
F&H Insulation, Inc
PO Box 550, 5003 E 61 sl Street N.
~.' chi KS 622 ~
~~,1, ~ Jvr
J..¡ ARK i?os-, ~ ¡lON iJ ?
(printed name & title)
OWNER:
City of Salina,300 West Ash Street
By Itk ;;;;;: 1
be1:)Ø("CiÝ\ D j y a'f\t:' \ M£l "I Dr
(printed name & title)
GENERAL CLAUSES
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,
proposal 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, OWNER. The First Party, the City of Salina, Kansas, a municipality, acting in
his own behalf or through legally authorized officials.
b, CONTRACTOR. The Second Party, whether an 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,
c, BIDDER. Any individual, partnership, firm or corporation submitting a
proposal for performing the work.
d. OWNER OR OWNER'S REPRESENTATIVE. Project supervisor assigned by
the originating Department of the City of Salina, Kansas.
e, COORDI NA TOR. An authorized representative of the Owner 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,
f. CONTRACT DOCUMENTS. The term "Contract Documents" shall include the
request for bids, information for bidders, technical specifications, general
clauses, performance bond, statutory bond, contract, proposal, and drawings,
g. 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.
h, CONTRACT. The written agreement covering the performance of the work.
i. PROPOSAL. The written offer of the Bidder to perform the contemplated work
in accordance with the contract documents.
j. DRAWINGS. The working drawings, supplemental drawings, or reproductions
of the drawings showing the location, dimensions, and details of the work to be
done.
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k. CHANGE ORDER. A written proposal and agreement, executed by the
Contractor and Owner and accompanied by new surety bonds in the full amount
of the change order, covering work not included in the original contract
documents, The Owner 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 document or if the total net change increases or decreases the
total contract price more than twenty-five percent (25%) the Owner shall, before
ordering the Contractor to proceed with desired changes, request an itemized
proposal from him covering the work involved in the change.
If the proposal is acceptable, the Coordinator shall then prepare a change order
which includes a detailed description of the change in the work, a definite
statement as to the resulting change in the contract price and/or time, and a
statement that all work involved in the change shall be performed in accordance
with contract requirements except as modified by the change order.
If the proposal is not acceptable and prompt agreement between the two parties
cannot be reached, the Owner may order the Contractor to proceed with the work
on a "Force Account" basis. (See paragraph 41, General Clauses.)
I. STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and
test methods approved by the Owner of any society, association, or organization
herein referred to are hereby made a part of these contract documents the same
as if written in full. Reference to such "Standard Specifications" refer to the latest
standard and tentative standards as are in force on the date bids are received.
ONDS. The contractor shall furnish such surety bonds as hereinafter identified and
descrl Any and all bonds shall be so written as to make these bound specification a
part thereof, her by reference or attachment, in order to give the Surety full notice
of the conditions the ach such bond shall be a legally issued surety drawing in an
amount not less than the tota ct price; meeting approval of the Owner and all
other parties concerned as required by to form, tenor, execution and surety; and
shall be delivered to the Owner within ten days r nd after execution of the contract
and before commencement of the work. The Contracto II have no rights under the
contract until such acceptable bonds have been furnished an . red. The Owner
may waive the conditions as to time, and the acceptance of said bonds r expiration
of the specified interval shall not affect the validity of the contract or any suctì s,
J~ . NCE BOND. A surety bond, running to the Owner, conditioned
!{;/ upon the prompt, full, and com e Contractor as principal of
his covenants, obligations, and agreements as contained in e
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#- uments; and further conditioned that for a period of one year after final
acceptan works as a whole, the Contractor at his expense and free of
charge to the Owner, s ood all defects in materials or workmanship or
any improper, imperfect, or defective p 'f the ground upon which such
improvements are constructed.
~ TUTORY BOND. A surety bond running to the State, conditioned that the
Contractor as all indebtedness incurred for labor, supplies,
equipment, and materials furnished in m ' ments called for by the
contract documents.
4, CONTRACTOR'S INSURANCE. Prior to or at the time of execution of the contract,
the Contractor shall file with the Owner a "Certificate of Insurance" or other evidence as
necessary to show that he and his subcontractors, if any, carry adequate coverage fully
to protect themselves against such claims which may arise from operations under this
contract, whether such operations be by the Contractor or any subcontractor or anyone
directly or indirectly employed by either; said coverage to be in the form and minimum
amounts hereinafter specified. Each certificate shall contain a clause requiring the
insurer to notify the Owner at least 30 days in advance of any cancellation or change in
insurance contracts. All policies shall be subject to approval by the Owner as to insurer
and adequacy of protection. The following minimum coverage shall be maintained in
full force and effect until completion of the contract and acceptance thereof by the
Owner.
a, WORKMEN'S COMPENSATION INSURANCE. Before beginning work, the
Contractor shall furnish to the City satisfactory proof that he has taken out, for the
period covered by the work under this contract, full workers' compensation
coverage as required by state law for all persons who he may employ directly, or
through subcontractors, in carrying out the work contemplated under this
contract, and shall hold the City free and harmless for all personal injuries of all
persons who the contractor may employ directly or through subcontractors.
b, BODILY INJURY AND PROPERTY DAMAGE INSURANCE, A
comprehensive general bodily injury and property damage policy, including
automobiles, covering the work to be performed, shall be written to provide a
coverage of $500,000 (combined single limit policy) covering bodily injury liability;
property damage; destruction of property; and automobile damage occurring
during the policy period.
c, AUTOMOBILE LIABILITY. The Contractor shall provide coverage protecting
the Contractor against claims for bodily injury and/or property damage arising out
of the ownership or use of any owned, hired and/or non-owned vehicle.
Required minimum limits: $300,000 each accident, combined single limits, bodily
injury and property damage.
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d. COMMERCIAL GENERAL LIABILITY INSURANCE. The Contractor shall
provide public liability insurance coverage in an amount no less than $500,000
covering the liability of the Contractor and any and all consultants, agents,
independent contractors, etc. which are employed or retained by the Contractor,
on an occurrence basis. The insurer must be acceptable to the City of Salina.
Upon review of each project, the Deputy City Manager may require higher
coverage limits.
In lieu of the above coverage, the Contractor may provide coverage for his own
firm in the above amount or an additional amount and submit proof all his
consultants, agents and independent contractors have insurance deemed
adequate by the City of Salina,
e. BUILDER'S RISK INSURANCE. Builder's risk completed value form of fire
and extended coverage insurance on building or buildings constructed as part of
the contract. The inception date of insurance shall not be later than
commencement of construction, and the amount of insurance shall be equal to
the full value of the completed property.
f. INDEMNIFICATION CLAUSE, The Contractor agrees to indemnify and save
harmless the City, its officials, agents, servants, officers, directors and
employees form and against all claims, expenses, demands, judgements and
causes of action for personal injury or death or damage to property where, and to
the extent that, such claims, expenses, demands judgement or causes or action
arise from the Contractor's acts.
g, NOTICE OF CLAIM, The Contractor, upon receipt of notice of any of any
claim in excess of $1 ,000 in connection with this contract shall promptly notify the
Deputy City Manager (785) 309-5715, providing full details thereof, including an
estimate of the amount of loss or liability, Contact Deputy City Manager
immediately if any bodily injury does occur.
5. 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 Owner harmless against
any claim or demand for payment of such.
6. TAXES. Unless otherwise specified, the City shall issue a Tax Exemption Certificate
for this project. The certificate shall be issued at the same time as the contract.
Materials may be purchased after the certificate is received and the number noted on all
purchases. If a certificate is not issued, the Contractor shall bear the cost of all such
taxes and shall protect the City against liability, therefore, by reason of any federal or
state law, or regulation in effect at the time of signing the contract.
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7. WATER. GAS. AND ELECTRICITY. Water, gas, and electricity require or used on
the work shall be provided by the Contractor, who shall contact the proper
representative of the utility, make all required arrangements, ascertain the applicable
rates, and pay for all such water, gas, and electricity used by him, unless specified
exemption be made in the technical specifications.
8. PERMITS. LICENSES. AND REGULATIONS, Permits and licenses of a temporary
nature necessary for the commencement of the work in accordance with all applicable
local laws (including building and fire codes), state, and federal laws shall be secured
and paid for by the Contractor. Permit, licenses, and easements for permanent
structures or permanent changes in existing facilities shall be secured by the Contractor
and paid for by the Owner 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 24 hours before
breaking ground for the project, to all persons in charge of any property that may be
affected by his operations, He 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 owner's
representative of his intention to begin, suspend, or resume 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 sued
while excavating, trenching, or performing other work adjacent to any facilities intended
to remain in place. Except as otherwise specified, the Contractor shall be responsible
for any damage to publicly owned items, and any repairs required shall be promptly
made at his expense. Waste materials shall be disposed of in a satisfactory manner at
approved locations, Unless otherwise provided in the proposal and section entitled
"Basis of Payment," no separate or additional payment will be made for any work in
connection with removal, relocation, or restoration of obstructions and existing facilities,
a. SUBSURFACE OBSTRUCTIONS. Trenches may intersect water mains and
services, gas mains and services, storm drains and pipe culverts, underground
conduits, cables, and similar buried obstructions. The drawings indicate the
general location of a certain utilities and facilities; the Contractor shall make a
reasonable effort to ascertain the existence of obstructions by inquiry and
examination of public and private utility maps, and shall locate obstructions by
digging in advance of machine excavation where definite information is not
available as to their exact location. Where such facilities are unexpectedly
encountered and damaged, responsible officials and other affected parties shall
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be notified and proper arrangements made for the prompt repair and restoration
of services. See paragraph entitled "Public Utilities."
b. SURFACE OBSTRUCTIONS, Sidewalks, curb and gutter, drainage
structures, and similar obstructions may be tunneled under if 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 be located before work begins, and, where
practicable, be bypassed or worked around by hand excavating, tunneling, or
other approved methods at the Contractor's expense. Where not possible
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.
Cost of such removal or relocation work shall be borne by the Owner, 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 Owner 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 & SHRUBS. Existing trees and shrubs that must be removed to
complete the project 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 restoring to hand methods of excavation,
and due care shall be taken to prevent unnecessary damage to such vegetation
or landscaping improvements.
e. SODDED AND LANSCAPED AREAS. Sodded and landscaped areas such
as parking on or adjacent to improved property, shall be disturbed only to the
extent required to permit construction, Such areas shall not be used as
storage sites for construction supplies and, insofar as practicable, shall be
kept free from stockpiles of excavated materials, Upon completion of
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backfilling or trench compaction operations at each location, the trenches
and/or other disturbed areas shall be carefully hand raked to allow the private
property owner to reseed grass or otherwise maintain the area.
f. PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on
public property, such as fences, small buildings, or similar obstructions, will
be removed by their respective owners upon notification from the City.
Should progress of the work be unduly delayed through such procedure, the
Contractor may remove, relocate, or reconstruct portions of fences at his own
responsibility and expense, or by separate negotiation with the respective
owner.
11, SALVAGED MATERIALS. All materials not the property of other parties or required
for new construction shall remain the property of the Owner, The Contractor shall
handle, transport, and store such salvaged materials at designated points or locations at
no additional cost to the Owner. The Contractor shall be responsible for the care and
protection of such materials until delivered to the designated location and shall make
good any losses occasioned by damage, theft, or misappropriation while the materials
are on the work site or enroute to the place of storage.
12. MATERIALS FURNISHED BY OWNER. All materials, supplies, or equipment
furnished by the Owner for incorporation in the work shall be handled and transported
by the Contractor at his expense from cars, warehouses, or yards where received or
stored by the Owner. The Contractor shall include in the contract price or prices all
costs in connection with handling, sorting, protecting, and installing all such materials,
supplies, or equipment furnished by the Owner, and shall make good all losses and
breakage due to carelessness or negligence while same are in the Contractor's
possession,
13, BARRIERS. LIGHTS. AND WATCHMEN, The Contractor shall erect and maintain
fences, barriers, barricades, and warning signs and shall employ flagmen and
watchmen, all as required, to prevent accidents to the general public and to workmen,
Contractor shall implement traffic control devices and barricades for work zone safety in
accordance with Any work which extends into the public right-of-way (streets, alleys,
etc.)
14. 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
by the Owner for removal or reconstruction,
15. PUBLIC CONVENIENCE. During the progress of the work, the convenience of the
local public and of building occupants shall be considered and, where possible, their
rights of access shall be preserved, Construction materials shall be so stored or
stockpiled as to cause as little obstruction as possible and still be readily accessible for
8
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. Particular attention must be made to ensure that accessible routes
are available or reasonable accommodation is made for those with disabilities.
16. 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 Coordinator. All rejected materials shall be removed
promptly from the site.
Wherever in any of the contract documents an item of material 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 manufacturer's
products of comparable quality, design, and efficiency, and suitable for the services
intended will be considered,
17. WORKMANSHIP. All improvements shall be constructed in a neat and
workmanlike manner. Improper or defective work shall be corrected and if necessary
removed, replaced, or reconstructed to comply with the plans and specifications. The
Contractor shall be held responsible for the quality of the entire work; should the
Contractor refuse or neglect to remedy defects when ordered to do so, the Owner may
require the condemned portions to be replaced, restored, repaired, or reconstructed at
the expense of the Contractor or the Contractor's Surety.
18, PRESERVATION OF MONUMENTS AND MARKERS, The Contractor shall
protect from disturbance all permanent monuments, benchmarks, and markers of local,
state, or federal government distinction or ownership, and shall not excavate within 5
feet of any of them without specific permission.
19. 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 and Owner. All
costs in connection with sampling and testing, including materials, transportation
charges, and commercial laboratory fees, shall be borne by the Contractor.
20. SPECIAL CONSTRUCTION METHODS. The Coordinator 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
9
while such methods are in use shall not constitute a waiver of the contract, or any part
thereof, by the Owner. Nor shall the fact the Coordinator may have seen work executed
which later is found to be defective, nor shall any act of his assistants, constitute a
waiver of any part of the contract. The Contractor shall be held responsible for the
quality of the entire work,
21. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for
review to the Owner three copies of all shop and erection drawings for structural and
reinforcing steel, special drawings, and layouts for equipment or machinery to be
furnished under the contract, and any similar or supplemental drawings required for
prosecution of the work. The Owner's approval of such drawings or schedules shall not
relieve the Contractor from responsibility for deviation from drawings or specifications,
nor shall it relive him from responsibility for errors of a sort in shop drawings or
schedules. Record drawings will be required within 10 days after the project is
completed if final drawings will vary from the original design,
22, REPRESENT A TlaN. The Contractor shall be represented on the work at all times
by a competent superintendent, satisfactory to the Owner and capable of reading and
understanding the drawings and specifications. The superintendent shall have full
authority to employ required workmen, order materials, arrange for construction
equipment, and otherwisse represent the Contractor in his absence; any direction given
to him by the owner shall be as binding as if given to the Contractor,
23. 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
Owner, and with other contractors or constructors concerned in the work. He shall plan
and schedule his 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 owner will
allocate the work and designate the sequence in which it shall be performed. The
Contractor shall accept and fulfill the directions of the Owner 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 Owner.
24, 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 work unless otherwise specified.
25. FINAL CLEANUP. Immediately upon completion of the work or any usable unit, the
Contractor shall remove all surplus and unused materials from the vicinity of the work,
leaving the entire site in a clean, sightly, and pleasing condition, conforming to the
grades and contours shown on the drawings or as designated by the Coordinator.
10
26. RESPONSIBILITIES OF THE CONTRACTOR. All works hall 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 Coordinator. The Contractor must be satisfied before commencing work as
to the correctness and meaning of all stakes and marks, No claim will be entertained
for, or on account of, alleged inaccuracies unless the Contractor notifies the Owner
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 his/her 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 him at his/her 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 his/her responsibility to fulfill the contract
and to deliver a completed work in accordance with the contract documents.
The Contractor shall provide the Owner and his representatives free access to any and
all parts of the work, whether within the construction limits or at any place where
material intended for incorporation in the project is procured, produced, or
manufactured. The Contractor shall furnish all required information relating to the work
or materials, including copies of invoices, bills of lading, waybills, and test reports, The
Contractor shall be present at, and assist in, the final inspection of the project and shall
furnish all labor and equipment required for final tests.
The Contractor shall furnish all stakes, batter board, straightedges, grade string, and
shall furnish men to set them under the direction of the Coordinator. The Contractor,
shall notify the Coordinator at least 48 hours in advance, stating where stakes are
wanted, before requiring stakes on any section of the project. After construction stakes
are set, the Contractor shall preserve them. Any work done without lines and grades as
given by the Coordinator, or without supervision of any authorized representative of the
Owner, may be ordered removed and replaced at the expense of the Contractor,
27. SANITARY CONVENIENCES, The Contractor shall provide all necessary privy
accommodations for the use of his/her employees and shall maintain the same in a
clean and sanitary condition, He shall not create or permit any nuisance to the public or
to residents in the vicinity of the work.
28. APPROVAL OF SUBCONTRACTORS, The Contractor shall not assign or transfer
this contract. Subcontracts shall not relieve the Contractor of liabilities under this
contract; should any subcontractor fail to perform the assigned work satisfactorily, the
Contractor will be held responsible.
11
29. RESPONSIBILITY OF THE COORDINATOR. The findings and determining of the
Coordinator on all questions pertaining to materials and workmanship or as to
interpretation of the drawings and specifications shall rule and govern.
30, 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, the
drawings, specifications, or contractual documents provided by the Contractor, the
language and provisions of this contract shall take precedence and prevail. If an
interpretation of the drawings and specifications is necessary, the Owner's
Representative will determine in each case whether the drawings or specifications shall
rule or govern,
31. INSPECTION. The Owner's Representative shall inspect all materials to be
incorporated, construction equipment to be used, and all work to be performed under
this 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 Owner or his representatives. The Coordinator
will conduct field tests on work and materials whose physical characteristics and
general suitability may be determined under such procedures, The Coordinator 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. Coordinator shall have no authority to deviate from or to relax
the specifications without written permission of the Owner or delay the work by failing to
inspect or field test any of the work and materials with reasonable promptness,
The Coordinator will maintain a project record showing the chronological sequence of
progress. He will prepare such progress reports as required during construction and at
monthly intervals will prepare, and submit to the Owner, periodic payment estimates
based on the amount and value of all work performed to date by the Contractor.
32. WORK AFFECTED BY WEATHER. The Owner's Representative may order such
parts of the work suspended should the weather or season be such that any part of the
work cannot be done properly and with due regard to durability, finish, or appearance.
The Contractor may be required to protect the several parts of exposed work from
damage by the elements or other causes. Weather days, which cause the extension of
the contract time line, will be agreed upon by the Contractor and Owner's
Representative.
33. CONTROL AND REGULATION OF WORK. The Owner or Coordinator shall have
the authority to exercise his judgment and initiative in the control and regulation of the
work. The Owner or Coordinator may regulate the amount of work open or under
construction in advance of completed portions and require the Contractor to place
materials and perform work in the manner, order, and sequence as required for the
mutual advantage of all parties concerned.
12
34. USE OF COMPLETED PORTIONS. The Owner shall have the right to take
possession and use of 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 work, the Contractor shall be entitled to
such extension of time or extra compensation, or both, as the Owner's Representative
may determine. The Owner, in taking possession prior to final acceptance, shall agree
to abide by the Owner's Representative's decision relative to responsibility for damages
to the work during the period of such prior possession and use.
35. VARIATIONS. CHANGES. AND MODIFICATIONS. The work contemplated in the
contract documents may be subject to such changes as normally occur during
construction. The Owner's Representative, when acting within the authority entrusted to
him/her, 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 Owner's Representative 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 Owner 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 Owner's Representative
and executed by the contracting parties, After such approval and execution, all work
included shall be subject to the terms, conditions, and provisions of the original contract
documents, except as otherwise specifically stipulated. In case a satisfactory
adjustment in price or other basis cannot be obtained, the work may be ordered done by
force account.
36. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If,
through no fault of the Contractor or his employees, the work is stopped for a period of
three months or more under order from any court or other public authority; or if the
Owner fails to pay the Contractor within 30 days after due presentation any sum
certified by the Owner's Representative; the Contractor may, upon the seventh day after
written notice to the Owner, stop work or terminate his contract and recover from the
Owner 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 5 percent of the invoice cost.
37. OWNER'S RIGHT TO SUSPEND WORK. The Owner may suspend work on any
or all parts of the work pending arbitration or settlement of disputes on any point of
13
controversy, The Contractor will not be entitled to any claim for loss or damage by
reason of such delay; nor shall he be entitled to any extension of time for completion of
the contract, except the Owner may grant such extension of time at his option,
38. OWNER'S RIGHT TO TERMINATE CONTRACT. If the Contractor for any reason
is unable to complete the work or if he be intolerably negligent and slow in his
prosecution of the work or if he/she persistently disregards laws, ordinances, and
regulations, or the directions of the Owner's Representative, or if he/she is otherwise be
guilty of a substantial violation of any provision of the contract documents, the Owner
may, without prejudice to other right or remedy, terminate the contract in the manner
and under the procedure set forth below, Before the contract is annulled, the Owner
shall issue written notice to the contractor and his/her surety stating the conditions
which make annulment imminent. If the Contractor or his/her surety makes no
satisfactory effort within 10 days to correct said conditions, the Owner may declare the
contract annulled and shall so notify the Contractor and the surety. The Contractor,
upon receipt of the notice of annulment, shall cease immediately all operations under
the contract. The Owner may then proceed with the work the Owner desires, The
rights are reserved to the Owner to take possession of any project materials,
construction equipment, implements, tools, and incidentals found on the work and to
use them to complete the project. When the work is completed the total cost thereof,
including all expenses, losses, engineering, and legal services incident to annulment,
shall be computed. If the total cost is more than the contract price, the difference shall
be made up by the Contractor or the Surety. If the total cost is less than the contract
price the difference will be paid to the Contractor or the Surety.
39. WAR CLAUSE. In the even it becomes necessary by reason of war or preparation
for war to terminate the contract prior to its completion, settlement will be made for all
work properly executed plus the value, based on receipted invoices, or unincorporated
materials,
40. PAYMENTS TO THE CONTRACTOR. Payment to the Contractor shall be by lump
sum upon Project Completion or progressive monthly payments, as follows:
1) Upon Project Completion, agreed on by the Owner and the Contractor,
application for payment will be received from the Contractor for the contracted
amount and paid in full by the Owner.
2) Applications for progressive monthly payments, agreed upon by the
Contractor and Owner's Representative, shall be filed on the 1 st of each month,
There will be a 10 percent retention on all progressive payments. Upon receipt
to the Owner of a Certificate of Completion with the application of final payment
will include all retainage.
3) Before final payments, the Contractor shall deliver to the Owner, general
releases of liens for the entire project executed by the Contractor and each of the
Sub-Contractors and Material Providers, Each such partial or general waiver or
14
release of the lien shall be such form as the Owner may specify. Liens may be
written contingent to the receipt of final payment.
41. FORCE ACCOUNT, Where it is specified, or agreed during the course of the work,
that any portion of the construction shall be done by "force account," the Contractor
shall keep an accurate record of all materials, labor, and equipment used and shall
furnish the Owner a copy of each day's record within 24 hours to permit an accurate
check thereof. The Owner shall pay for such construction at the actual cost to the
Contractor of materials and labor, including the costs of insurance, social security,
taxes and bonds, chargeable to this portion of the work; plus 15 percent for
superintendence, overhead, and the use of tools and appliances.
The use of equipment on such construction shall be paid for at rental rates
recommended by the Association of General Contractors, modified for Kansas by
the Kansas Department of Transportation; such price and payment being full
compensation for all costs in connection with operation, repair, maintenance,
overhead, depreciation, and profit.
42, VERBAL AGREEMENTS. No verbal agreement or conversation with any officer,
agent, or employee of the Owner either before or after execution of this Contract, shall
effect or modify any of the terms or obligations contained in any of the documents
comprising said Contract.
43. EXTENSION OF TIME. The period of time for completion set forth in the Proposal
shall be extended in an amount equal to time lost due to causes which could not have
been foreseen or beyond the control of the Contractor, and which were not the result of
his/her fault, negligence, or deliberate act. Strike and labor disputes shall be cause for
an extension of time.
44. LIQUIDATED DAMAGES. In the event the Contractor shall fail to complete the
improvements herein provided for on or before the date herein provided for on or before
the date herein above stipulated, the Owner, in accordance with the specifications
which are made a part of this agreement, nothing herein contained shall be deemed to
be a waiver of the right of said Owner to insist upon the performance of this contract
within such time, or to prevent the Owner from looking to the sureties of said Contractor
for any and all damages caused by any such delay, or as a consent to or wavier of any
abandonment of the said work by the Contractor, either before or after the date fixed by
completion and if within ten days after the receipt by the surety of such Contractor of a
notice given to such surety by the Owner that the contract ahs been abandoned by said
Contractor, or that the Contractor has failed to perform his contract, said Surety shall fail
to take over such work and enter into an agreement with the Owner to complete the
same in accordance with this contract, and to accept as compensation for such
completion only such remaining part of the contract price which shall not theretofore
have been paid by the Owner to said Contractor, then in such event the Owner shall
have the right to take over said work and complete the same or to have the right to let
another contract for such completion, and the Contractor and his surety shall be an
15
.
remain liable for the full performance and completion of such contract and for all loss
and damage suffered by the Owner in connection with such work,
45. ALTERNATES. To receive consideration for any proposed alternate for material,
equipment, etc., the Contractor shall submit full description of the proposed alternate no
later than ten (10) days prior to the date of receiving proposals by the Owner, for the
purpose of evaluation and approval.
46, KANSAS NONDISCRIMINATION LAW. During this performance of this contract or
any subcontract resulting therefrom, the Contractor, all subcontractors, and vendors
shall observe the provisions of the Kansas Act Against Discrimination and shall not
discriminate against any person in the performance of work done under this contract
because of race, religion, color, sex, disability, national origin or ancestry. In all
solicitations or advertisements for employees the Contractor, all Subcontractors and
Vendors shall include the phrase "equal opportunity employer," or a similar phrase to be
approved by the State Civil Right Commission.
If the Contractor, a subcontractor, or vendor is found guilty of a under a decision or
order for the State Civil Rights Commission which has become final, the contractor,
subcontractor, or vendor shall be deemed to have breached this contract and it may be
cancelled, terminated or suspended, in whole or in part by the Owner,
47. CITY OF SALINA CODE (EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION).
During the performance of the contract, the Contractor will not discriminate against any
employee or applicant for employment in the performance of said contract and every
Contractor shall include similar provisions in all subcontracts under his contract with the
City of Salina. The contractor shall observe all provisions of Sections 13-131; 13-132;
13-133, and 13-134 of the Salina Code. The above provisions do not apply if the
contract does not exceed $20,000.00 or if the contractor employs three (3) or fewer
persons.
16
..
-
Contractor's Insurance
Re uirements
The following requirements shall not be construed to limit the liability of the Contractor or It's
insurer(s). The City does not represent that the specified coverages or limits of insurance are
sufficient to protect the Contractor's interests or liabilities. Required coverages are to be maintained
without interruption from the date of the commencement of the work until date of final payment and
termination of any coverage required to be maintained after final payment. Questions regarding
these requirements should be directed to Michael Morgan, Deputy City Manager at (785) 826-7475.
Commercial General Liability Insurance
The Contractor shall provide public liability insurance coverage in an amount no less than
$500,000 covering the liability of the Contractor and any and all consultants, agents,
independent contractors, etc. which are employed or retained by the Contractor, on an
occurrence basis. The insurer must be acceptable to the City of Salina. Upon review of
each project, the Deputy City Manager may require higher coverage limits.
In lieu of the above coverage, the Contractor may provide coverage for his own firm in the
above amount or an additional amount and submit proof all his consultants, agents and
independent contractors have insurance deemed adequate by the City of Salina.
Automobile Liability
The Contractor shall provide coverage protecting the contractor against claims for bodily
injury and/or property damage arising out of the ownership or use of any owned, hired
and/or non-owned vehicle. Required minimum limits: $300,000 each accident, combined
single limits, bodily injury and property damage.
Worker's Compensation
Before beginning work, the Contractor shall furnish to the City satisfactory proof that he has
taken out, for the period covered by the work under this contract, full workers' compensation
coverage as required by state law for all persons who he may employ directly, or through
subcontractors, in carrying out the work contemplated under this contract, and shall hold the
City free and harmless for all personal injuries of all persons who the contractor may employ
directly or through subcontractors.
Certificate(s) of Insurance
Certificate(s) of Insurance for the above required policies acceptable to the City at least
thirty (30) days prior written notice has been given to the City and acknowledged.
Notice of Claim
The Contractor, upon receipt of notice of any claim in excess of $1 ,000 in connection with
this contract shall promptly notify the Deputy City Manager, (785) 826-7475, providing full
details thereof, including an estimate of the amount of loss or liability.
Indemnification Clause
The Contractor agrees to indemnify and save harmless the City, its officials, agents,
servants, officers, directors and employees from and against all claims, expenses,
demands, judgements and causes of action for personal injury or death or damage to
property where, and to the extent that, such claims, expenses, demands judgement or
causes or action arise from the Contractor's negligent acts.
~TM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYY)
11/09/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
IMA of Kansas, Inc. (Wichita) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO Box 2992 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Wichita, KS 67201
316267-9221 INSURERS AFFORDING COVERAGE
INSURED INSURER A. American Safety Risk Retention Group
F & H Insulation, Inc. INSURER B. Continental Western Insurance
5003 E 61 st North; PO Box 550 INSURER c: Employers Mutual Casualty Company
Kechi, KS 67067 INSURER 0:
I INSURER E:
Client#. 18418
FHINSUL
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIJ'JITHSTANDING
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. AGGREGATE LIMITS SHO'NN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE POLICY NUMBER Pg¡~Cll~~£5~ P~~fl,~~I~t;R,~ LIMITS
LTR
A GENERAL UABILITY POL05115006 01/01/05 01/01/06 EACH OCCURRENCE $2,000.000
-
X COMUERCIAL GENERAL LIAB ILiTY FIRE DAMAGE (Any onc flrc) $SO 000
I CLAIMS MADE W OCCUR MED EXP (AllY one persoll) $S.OOO
- PERSONAL & ADV INJURY $2.000.000
- GENERAL AGGREGATE $2.000.000
~'LAGGREn LIMIT APPLIES PER, PRODUCTS -COMPIOP AGG $2.000.000
POLICY ~~,: n LOC
C ~TONOBILE LIABILITY 2E8352806 01/01/05 01/01/06 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accidcnt] $1,000,000
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- Sa-tEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per a=del1t)
- PROPERTY DAMAGE
(P", a""lde,,') $
=ïAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS UABILITY EACH OCCURRENCE $
=:J OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
B WORKERS CONPENSATION AND WC151501444900 01/15/05 01/01/06 X IT":"~~T~1fI.~ I IDJt;-
EMPLOYERS' LIABILITY $1,000,000
E.l. EACH ACCIDENT
E.L. DISEASE -EA EMPL OYEE $1,000,000
E.L. DISEASE - POLICY LlM IT $1,000,000
C OTHER Installation 2C8352806 01101/05 01101/06 Any One Site: $50,000
~Ioater Transit: $50,000
beductible: $500 Temp Location: $50,000
DESCRIPTION OF OPERATIONSILOCATIONSlVEHIQ.ES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Projeçt# 25-09-313 Asbestos Removal Smoky Hill Museum
Waiver of Subrogation is provided City of Salina as respects
Workers Compensation if required by written contract and allowed by law.
CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFæETHE EXPIRATION
City of Salina DATE THEREOF, THE ISSUING INSURER V\IILL ENDEAVOR TONAJL~DAYSWRJTTEN
Attn: Bryon Erickson NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BUT FAILURE TODOSOSHALL
420 E Ash 1M POSE NO OB LIGATION OR LIABILITY OF ANYKlND UPON TH E INSURER,ITS AGENTS OR
Salina, KS 67401 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
I c.~. .iJ;.{.f41.,
ACORD 25-S (7/97)1
of 2
#5275730/M275727
LAE
€) ACORD CORPORATION 1988
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 {7/97) 2
of 2
#S275730/M275727