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Municipal Pool Bathhouse Roof Replacement City of Salina 2006 Municipal Pool Bathhouse Roofing Replacement P&R/Bldg Maint Div. City of Salina Table of Contents PROJECT: City of Salina Municipal Pool Bathhouse Roofing Replacement 821 Kenwood Park Salina, Kansas 67401 CITY'S PROJECT NUMBER: 06-1599 DATE: 14 August 2006 TABLE OF CONTENTS: Cover Page A. Table of Contents B. Contract C. General Clauses D. Contractor's Insurance Requirements E. Specifications and Details CONTRACT ~ Ie, THIS AGREEMENT, made and entered into this ~_ day of _~~ in the year Two Thousand six by and between THE OWNER: City of Salina 300 West Ash Street Salina, Kansas 67401 THE CONTRACTOR:. S&S Contracting. 300 WAsh Salina KS 67401 THE PROJECT: City of Salina ,Municipal Pool Bathhouse Roofing Replacement 821 Kenwood Park, 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 by the Drawings and Contract Documents entitled "_Salina Municipal Pool Bathhouse Roofing Replacement, Project #06-1599" and dated 7 August, 2006, 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 construction on _September 1 _, 2006; and the completion of the construction, ready for acceptance will require _30_ calendar days. CONTRACT AMOUNT: The Owner shall pay the Contractor for the faithful performance of the Work, upon satisfactory completion and acceptance of the Owner, the total lump sum of "_thirteen thousand dollars and no cents_" ($13,000.00), 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: OWNER: S&S Contracting City of Salina 300 WAsh 300 West Ash Street B~r' By aa{5~ _SteveSuenra~~~&~C'X:xnf' O. )V}flrr.s, Mal/Dr (printed name & title) (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. ENGINEER. The City Engineer of the City of Salina, Kansas. e. INSPECTOR. An authorized representative of the Engineer or 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. -1- 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. 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 re- serves 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 modi- fications. 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 Engineer shall then prepare a change order which includes a detailed description of the change in the work, a definite statement as to the resulting change in the contract price and/or time, and a statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the 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 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. 3. BONDS. The Contractor shall furnish such surety bonds as hereinafter identified and described. Any and all bonds shall be so written as to make these bound specifications a part thereof, whether by reference or attachment, in order to give the Surety full notice of -2- the conditions thereof. Each such bond shall be a legally issued surety drawing in an amount not less than the total contract price; meeting the approval of the Owner and all other parties concerned as required by law as to form, tenor, execution and surety; and shall be delivered to the Owner within ten days from and after execution of the contract and before commencement of the work. The Contractor shall have no rights under the contract until such acceptable bonds have been furnished and delivered. The Owner may waive the conditions as to time, and the acceptance of said bonds after expiration of the specified interval shall not affect the validity of the contract or any such bonds. a. PERFORMANCE BOND. A surety bond, running to the Owner, conditioned upon the prompt, full, and complete performance by the Contractor as principal of his covenants, obligations, and agreements as contained in the contract documents; and further conditioned that for a period of one year after final acceptance of the work as a whole, the Contractor, at his expense and free of charge to the Owner, shall make good all defects in materials or workmanship or any improper, imperfect, or defective preparation of the ground upon which such improvements be constructed. b. STATUTORY BOND. A surety bond running to the State, conditioned that the Contractor as principal shall pay all indebtedness incurred for labor, supplies, equipment, and materials furnished in making the improvements called for by the con- tract 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. The Contractor shall provide workmen's compensation and employer's liability insurance as required by law fully to cover all employees. -3- 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. . d. COMMERCIAL GENERAL LIABILITY INSURANCE. The Contractor shall provide public liability insurance coverage in an amount no less than $250,000 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 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 acts. g. 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)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. -4- 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. The cost of applicable sales taxes, use taxes, and occupation taxes on material, equipment, supplies, and services incorporated in the work shall be included in the "Total Contract Bid" for the project. The Contractor shall bear the cost of all such taxes and shall protect the Owner against liability, therefore, by reason of any Federal law, State law, or regulation in effect at the time of signing the contract. The cost of any such taxes imposed after signing the contract, and which thus become legally chargeable against material, equipment, or supplies incorporated in the work, shall be paid by the Contractor; and the Owner will reimburse him for the actual costs thereof. 7. WATER, GAS AND ELECTRICITY. Water, gas, and electricity required or used on the work shall be provided by the Contractor, who shall contact the proper representative of the utility, make all required arrangements, ascertain the applicable rates, and pay for all such water, gas, and electricity 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 prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the 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 Engineer or Inspector 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. -5- 10. OBSTACLES AND OBSTRUCTIONS. Natural obstructions and publicly owned existing facilities and improvements encountered during construction shall be removed, relocated, reconstructed or worked around as herein specified, regardless of whether or not their existence or location is shown or noted on the drawings. Care shall be used while excavating, trenching, or performing other work adjacent to any facilities intended to remain in place. Except as otherwise specified, the Contractor shall be responsible for any damage to publicly owned items, and any repairs required shall be promptly made at his expense. All work in connection with removal and relocation shall be carefully done in accordance with accepted practices so as to result in the maximum salvage of materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall remain the property of the Owner and shall be transported and stored in warehouses or yards as directed. Waste materials shall be disposed of in a satisfactory manner at approved locations. 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 certain utilities and facilities; the Contractor shall make a reasonable effort to ascertain the existence of obstructions by inquiry and examination of public and private utility maps, and shall locate obstructions by digging in advance of machine excavation where definite information is not available as to their exact location. Where such facilities are unexpectedly encountered and damaged, responsible officials and other affected parties shall be notified and proper arrangements made for the prompt repair and restoration of service. 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. -6- c. PUBLIC UTILITIES. Public utility pipelines, poles, cables, conduits, and wires which interfere with construction shall, where practicable, be bypassed or worked around by hand excavating, tunneling, or other approved methods at the Contractor's expense. Where not possible to bypass or work around the facility, the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. 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 AND SHRUBS. Existing trees and shrubs within the construction limits shall be removed, and burned 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 LANDSCAPED AREAS. Sodded and landscaped areas such as parkings on or adjacent to improved property, shall be disturbed only to the extent required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling or trench compaction operations at each location, the trenches and/or other disturbed areas shall be carefully hand raked to allow the private property owner to re-seed grass or otherwise maintain the area. f. PRIVATELY OWNED OBSTRUCTIONS. Privately owned obstructions on public property, such as fences, small buildings, or similar obstructions, will be removed by their respective owners upon notification from the City. Should progress of the work be unduly delayed through such procedure, the Contractor may remove, relocate, or reconstruct portions of fences at his own responsibility and expense, or by separate negotiation with the respective owner. -7- 11. SALVAGED MATERIALS. All salvaged 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 he 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 his contract price or prices all costs in connection with handling, sorting, protecting, and installing all such materials, supplies, or equipment furnished him by the Owner, and shall make good all losses and breakage due to carelessness or negligence while same are in his possession. 13. BARRIERS. LIGHTS AND WATCHMEN. The Contractor shall erect and maintain fences, barriers, barricades, and warning signs; shall provide and maintain flares, lanterns, and lights; and shall employ flagmen and watchmen; all as required to prevent accidents to the general public and to workmen. 14. RESPONSIBILITY FOR PROPERTY DAMAGE. The Contractor shall make payment for all damage to building, structures, trees, shrubbery, or other property located outside the construction limits, or located within those limits but not designated for removal or reconstruction, providing such damage shall result from accident caused by negligence for which said Contractor shall be deemed legally liable. 15. PUBLIC CONVENIENCE. During the progress of the work, the convenience of the local public and of residents along the work shall be considered and, where possible, their rights of access shall be preserved. Temporary driveways, approaches, and crossings shall be provided where practicable and maintained in good condition. Construction materials shall be so stored or stockpiled as to cause as little obstruction as possible and still be readily accessible for use or inspection. No material shall be stored within two feet of any tree or building nor within five feet of any fire hydrant; fire hydrants shall remain ready for immediate use by the fire department. -8- 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 Inspector, nor shall construction equipment be used which has not received the Inspector's approval. All rejected materials and equipment shall be removed promptly from the site. Wherever in any of the contract documents an item of material or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal," if not inserted, shall be implied. The specific item of material or equipment mentioned shall be understood as establishing a standard of type, function, efficiency, minimum basis of design, and quality desired. Other manufacturers' products of comparable quality, design, and efficiency, and suitable for the services intended will be considered. 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 he 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 his Surety. 18. PRESERVATION OF MONUMENTS AND MARKERS. The Contractor shall protect from disturbance all permanent monuments, bench marks, and markers of the local, state, or federal government, and shall not excavate within 5 feet of any of them without specific permission of the Engineer or Inspector. 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, Owner, Inspector, and Engineer. All costs in connection with sampling and testing, including materials, transportation charges, and commercial laboratory fees, shall be borne by the Contractor. No charges will be made for tests performed by the Engineer or his inspectors. -9- 20. SPECIAL CONSTRUCTION METHODS. The Engineer or Inspector may assent to special methods of construction or means of prosecuting the work other than as provided or stipulated in the technical specifications, but his assent or his presence on the work while such special methods are in use shall not constitute a waiver of the contract, or any part thereof, by the Owner. Nor shall the fact the Engineer may have seen work executed which later is found to be defective, nor shall any act of his assistants or inspectors, constitute a waiver of any part of the contract. The Contractor shall be held responsible for the quality of the entire work. 21. SHOP AND ERECTION DRAWINGS. The Contractor shall furnish and submit for review to the Engineer six copies of all shop and erection drawings for structural and reinforcing steel, special drawings, and layouts for equipment or machinery to be furnished under the contract, and any similar or supplemental drawings required for prosecution of the work. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from drawings or specifications, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. 22. REPRESENTATION. The Contractor shall be represented on the work at all times by a competent superintendent, satisfactory to the Engineer or Inspector and capable of reading and understanding the drawings and specifications. The superintendent shall have full authority to employ required workmen, order materials, arrange for construction equipment, and otherwise represent the Contractor in his absence; any direction given to him by the Engineer or Inspector 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 Engineer or his Inspectors, 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 Engineer will allocate the work and designate the sequence in which it shall be performed. The Contractor shall accept and fulfill the directions of the Engineer when acting within his authority; willful failure or neglect to comply with such instructions shall be considered as sufficient cause for termination of the contract by the 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 -10- 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 unless otherwise specified. 25. FINAL CLEANUP. Immediately upon completion of the work or any usable unit, the Contractor shall remove all surplus or unused materials from the vicinity of the work, leaving the entire site in a clean, sightly, and pleasing condition, conforming to the grades and contours shown on the drawings or designated by the Inspector. 26. RESPONSIBILITIES OF THE CONTRACTOR. All work shall conform to the technical specifications for materials, workmanship, and methods of construction and shall be in accordance with the lines, grades, and dimensions shown on the drawings or given by the Inspector. The Contractor must satisfy himself 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 Engineer or Inspector thereof in writing before commencing the work. The Contractor under his 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 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 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 him of his responsibility to fulfill his contract and to deliver a completed work in accordance with the contract documents. The Contractor shall provide the Engineer and his representatives free access to any and all parts of the work, whether within the construction limits or at any place where material intended for incorporation in the project is procured, produced, or manufactured. He 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, straight-edges, and grade string and shall furnish men to set them under the -11- direction of the Inspector. The Contractor shall notify the Inspector at least 48 hours in advance, stating where stakes are wanted, before requiring stakes on any section of the project. After construction stakes are set, the Contractor shall preserve them. Any work done without lines and grades as given by the Inspector, or without supervision of any authorized representative of the Engineer, may be ordered removed and replaced at the expense of the Contractor. 27. SANITARY CONVENIENCES. The Contractor shall provide all necessary privy accommodations for the use of his 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. The Contractor shall file with the Owner and the Engineer the names of all subcontractors to whom he expects to sublet any portion of the work, and shall not change subcontractors without written approval of the Owner and the Engineer. The approval of subcontracts shall not relieve the Contractor of his liabilities under this contract; should any subcontractor fail to perform satisfactorily the work undertaken by him, the Owner may annul and terminate the contract of such subcontractor. 29. RESPONSIBILITY OF THE ENGINEER. The findings and determining of the Engineer on all questions pertaining to materials and workmanship or as to interpretation of the drawings and specifications shall be final and binding on all parties to the contract. 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 and the drawings or specifications, the language and provisions of the contract shall take precedence and prevail; if between the drawings and specifications, the Engineer will determine in each case whether the drawings or specifications shall rule and govern. 31. INSPECTION. The Inspector 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 Engineer or his representatives. The Inspector will conduct field tests on work and materials whose -12- physical characteristics and general suitability may be determined under such procedures. Inspectors shall have the authority to reject defective materials, to delay the respective construction while the suitability of materials is being determined or while equipment is being adjusted or calibrated, and to suspend operations on any part of the work not meeting contract requirements. Inspectors shall have no authority to deviate from or to relax the specifications without written permission of the Engineer or to delay the work by failing to inspect or field test any of the work and materials with reasonable promptness. The Inspector will maintain a project record showing the chronological sequence of progress. 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 Inspector may order such parts of the work suspended should the weather or season be such that any part of the work cannot be done properly and with due regard to durability, finish, or appearance. The Contractor may be required to protect the several parts of exposed work from damage by the elements or other causes. 33. CONTROL AND REGULATION OF WORK. The Engineer or Inspector shall have the authority to exercise his judgment and initiative in the control and regulation of the work. The Engineer or Inspector may regulate the amount of work open or under construction in advance of completed portions and require the Contractor to place materials and perform work in the manner, order, and sequence as required for the mutual advantage of all parties concerned. 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 the work, the Contractor shall be entitled to such extension of time or extra compensation, or both, as the Engineer may determine. The Owner, in taking possession prior to final acceptance, shall agree to abide by the Engineer's decision relative to responsibility for damages to the work during the period of such prior possession and use. 35. VARIATIONS. CHANGES AND MODIFICATIONS. The work contemplated in the contract documents may be subject to such changes as normally occur during construction. The Engineer, when acting within the authority entrusted to him, 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. -13- The Engineer may, without written order or other formality, correct obvious errors in the drawings and specifications or make such minor adjustments as are required to adapt the work to existing conditions or circumstances, provided such corrections and revisions are consistent with the intent of the drawings and specifications, and do not materially affect the total contract price. The 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 Engineer and executed by the contracting parties. After such approval and execution, all work included shall be subject to the terms, conditions, and provisions of the original contract documents, except as otherwise specifically stipulated. In case a satisfactory adjustment in price or other basis cannot be obtained, the work may be ordered done by force account. 36. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT. If, through no fault of the Contractor or his employees, the work be stopped for a period of three months or more under order from any court or other public authority; or if the Engineer fails to issue any estimate for payment within 14 days after the due date; or if the Owner fails to pay to the Contractor within 10 days after due presentation any sum certified by the Engineer or awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the Owner and to the Engineer, 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 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 be unable to complete the work; or if he be intolerably negligent and slow in his prosecution of the work; or if he persistently disregards laws, ordinances, and regulations, or the directions of the Engineer; or if he 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. -14- Before the contract is annulled, the Owner shall issue written notice to the Contractor and his surety stating the conditions which make annulment imminent. If the Contractor or his 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 then may proceed with the work in any lawful manner he may elect. The rights are reserved to the Owner to take possession of any 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 be more than the contract price, the difference shall be made up by the Contractor or the Surety. If the total cost be less than the contract price, the difference will be paid to the Contractor or the Surety. 39. WAR CLAUSE. In the event 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, of unincorporated materials. 40. PAYMENTS TO THE CONTRACTOR. Five calendar days prior to the Owner's first regularly scheduled meeting of each month a periodic estimate, based on work completed or on receipted invoices for approved materials and equipment stored at the project site, shall be prepared by the Engineer. Periodic estimates for a lump sum contract will be based on an itemized breakdown of all work included in the contract, prepared by the Contractor, and submitted to the Engineer for approval prior to preparation of the initial periodic estimate. The breakdown shall include all costs in connection with each major classification of construction items and shall show quantities, unit prices and extensions, the sum of which shall be the total amount of the contract. In making partial payments, 10 percent will be retained from each estimate until full completion and acceptance of all work covered by the contract. The amount so retained, less any proper deductions, will be paid to the Contractor on completion and final acceptance of all work under the contract. In measuring work for payment the actual length, width, depth, area, contents, or number shall be considered, and the length shall be measured along the centerline of the work whether straight or curved. No extras of any kind will be allowed unless covered by written order or agreement specifically describing such extras. 41. FORCE ACCOUNT. Where it is specified, or agreed during the course of the work, that any portion of the construction shall be done by "force account," the Contractor shall keep an accurate record of all materials, labor, and equipment used and shall furnish the Inspector a copy of each day's record within 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. -15- 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 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 fault, negligence, or deliberate act. Extension of time for completion shall also be allowed for delays in the progress of the work caused by any act or omission on the part of the Owner or his employees, or by other Contractors employed by the Owner, or delay due to an act of the Government, or for any delay in the furnishing of the plans and necessary information by the Engineer, or for any other cause which in the opinion of the Engineer entitles the Contractor to an extension of time. Strikes and labor disputes shall be cause for an extension of time. 44. LIQUIDATED DAMAGES. In event the Contractor shall fail to complete the improvements herein provided for on or before the date herein above stipulated, then the Owner, in accordance with the specifications of the City Engineer, which are made a part of this agreement as aforesaid shall be entitled to deduct from any sum or sums due the Contractor in final settlement between the parties as liquidated damages for such delay, the sum of one hundred dollars per day for each and every day after the expiration of the time limit fixed by this agreement, until said work is completed and said Contractor shall in addition thereto, be held liable for and shall pay the wages of the Inspectors on the work after said time limit has expired, which said wages shall be deducted from any amount found to be due said Contractor on such final settlement, but 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 waiver 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 has 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 let another contract for such completion, and the Contractor and his surety shall be and 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. -16- 45. ALTERNATES. To receive consideration for any proposed alternate for material, equipment, etc., the Contractor shall submit full description of the proposed alternate not 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 the 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, 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 rights commission. If the contractor, a subcontractor or vendor is found guilty of a violation of the Kansas act against discrimination under a decision or order of 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 less persons. -17- eryor ~ SdIinc1 Contractor's Insurance Requirements 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 Nancy Schuessler, Risk Management Specialist at (785) 309-5705. 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 Risk Management Department may requi're higher or lower 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 andlor non- owned vehicle Required minimum limits: $500,000 each accident combined single limits, bodily injury and property damage. Worker's Compensation B~fore 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 c_~verage as required by state law for all persons who he may employ directly, or through s'.lbcontractors, in carrying out the work contemplated under this contract, and shall hold the Cty free and harmless for all personal injuries of all persons who the contractor may employ directly or through subcontractors. Certificate(s) of Insurance '=~rtificate(s) of Insurance acceptable to the City shall be filed with the City at the time the ~ mtract between the City and the Contractor is executed. These certificates shall contain a ~Jovision that coverage afforded under the policies will not be cancelled or substantially ,:langed until at least thirty (30) days prior written notice has been given to the City and 3 :knowledged. Note: if the Contractor is subject to worker's compensation law a certificate snail be provided. Notice of Claim The Contractor, upon receipt of notice of any claim in excess of $1,000 in connection with this :: Jntract shall promptly notify the Risk Management Department, (785) 309-5705, providing full :::etails 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, :fficers, 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 Contractors negligent acts. Municipal Pool Bathhouse Roof Replacement Project #06-1599 The project consists oftwo (2) roof areas, the main roof and the south side Boy's restroom roof, remove existing poly-vinyl membrane system and install a new mechanically fastened single ply poly-vinyl membrane roofing system with related stack flashings, two way vents, curb flashing/termination bar. Insulation is to be replaced where required. The building may be occupied during construction. Precautions will be made so the building is maintained in a weather tight condition and does not receive internal damage due to weather. Contractors vehicles may be parked next to the building, all other vehicles must park on the street or in the parking lot The removal and proper disposal of all construction materials will be the responsibility of the Contractor. The site is to be maintained in a clean and orderly manner. The City will supply electrical for the use of power tools and equipment, at no cost to the Contractor. The Contractor shall submit (prior to Contract) product data sheets on each item to be used, to the City representative. Include details of base flashings and membrane terminations. The Contractor shall be a qualified installer, approved by the roofing system manufacturer to install the manufacturer's product, and is eligible to receive standard roofing manufacturer's warranty. Contractor shall submit work history data showing having successful warranted installation experience of the system specified, and of being authorized by the roofing system manufacturer to install the specified manufacturer's material. The Contractor shall use adequate amounts of such qualified workmen who are thoroughly trained in the crafts and techniques required to properly install the type of roofing system proposed for use and other work required to complete the work specified and within the specified time. The Contractor shall have an experienced, pre-qualified, thoroughly trained superintendent having experience installing the roofing system specified, who is familiar with the requirements of this project, on the job at all times when roofing work is in progress. Training for the superintendent shall include certification of completion of manufacturer's in-house course and on-site training. Provide primary flexible sheet factory prefabricated roofing system from a single manufacturer that has successfully manufactured raw materials into specified products for not less than five (5) years. No secondary private labels are acceptable. Provide secondary materials, such as but not limited to insulation, vapor barriers, etc. as recommended and approved by manufacturer of primary materials. The Contractor shall arrange for the manufacture's representative to provide inspection of the roofing system installation. Upon completion of the installation, an inspection shall be made by a Quality Assurance Specialist of the membrane manufacturer at no extra charge to the building Owner. The inspection is to ascertain that the visible elements of the roofing system have been installed in accordance with the membrane manufacturer's published specifications and details. A written report shall be provided to the Owner. The report shall include the date, time and the name, address, and phone number of the inspector who inspected the project. All corrective work defined by the manufacturer's inspector shall be considered a part of the project work which must be completed before final acceptance by the Owner. Warranty: I) Manufacturer's minimum, 15 year warranty. A written warranty, without cost to Owner, to promptly repair any leak in the roof system due to materials or workmanship. 2) Contractor's 2 year total system guarantee. The Roofing Contractor agrees to provide a 2 year guarantee, commencing with the date of substantial completion. This covers both materials and labor necessary to effect water tightness, without limits to amount required to effect repairs over the warranty period. Subject to compliance with requirements, manufactures offering products that may be incorporated into the work include, but are not limited to, the following: I) Duro-Last Roofing, Inc., 40 mil membrane product 2) IB Systems, 50 mil membrane product Products: Ballasted, polyester-reinforced flexible sheet compounded from not less than 50% PVC resins and plasticizers, stabilizers, fillers and pigments, of the following specifications. 1) Thickness: 40 mil nominal minimum 2) Exposed face color; Manufacturer's standard white 3) Tear strength: 45 Ibf (245N) min. ASTM D-751, Procedure B 4) Elongation at Break: >27%, ASTM D 751 5) Breaking Strength: 200lbf, ASTM D 751, grab method 6) Dimensional Stability: <1%, ASTM D-1204 7) Low Temperature Flexibility: no cracks -40F, ASTM D-2136 8) Dynamic Impact: 250#, Fed. Std 101B, Method B 9) Water Vapor: .30 US Perms, 0.087 glhr/sqm, ASTM E96 WVT, procedure B method A 10) Accelerated Weathering: no cracks, crazing or blistering, ASTM G-5388 2000 hrs 11) Factory Mutual Research: Class 1 1-90, ASTM E108 12) Underwriters Laboratory: Class B UL-790 13) Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and slopes indicated Auxillary Materials: 1) Sheet flashing: Manufacturer's standard sheet flashing of same material, type 2) Bonding Adhesive: Manufacturer's standard 3) Miscellaneous Accessories: Provide termination bar, battens, fasteners, pourable sealers, preformed cones and vent sheet flashings, termination reglets and other accessories. The Contractor is required to visit the site and make himself familiar with the job. All questions are to be directed to Byron Erickson, Facilities Superintendent, 420 E Ash, ph 785-309-5768. Upon completion of Final Inspection, with the City's representative and Contractor, submittal for payment in full may be filed with and approved by the Facilities Superintendent and payment issued.