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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. 2 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 3 #- 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. 4 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. 5 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 6 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 7 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