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sidewalk improvement contract 10/16/1984PROPOSAL SHEET TO: Dean L. Boyer, City Engineer City of Salina, Kansas P.O. Box 746 Salina, Kansas 67402-0746 Gentlemen: The undersigned hereby certifies that he has carefully examined the attached specifications (Pages S-1; S-2; & S-3) and has fully investigated the location, character, and extent of the work to be done and the materials to be furnished in connection with the construction of certain SIDEWALK IMPROVEMENTS in the City of Salina, Kansas. He further certifies that he is familiar with the type of construction work involved throughout the scope of the project and understands that, in signing this proposal, he waives all right to plead any misunderstanding regarding same. 1. The undersigned proposes to furnish all tools, appliances, equipment, materials and labor required to complete the construction in a thorough, workman- like, and satisfactory manner in accordance with the attached specifications for the following prices: ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL SIDEWALK IMPROVEMENTS 1 L.S. $ 700.00 $_700.00 TOTAL UNIT PRICE BID: $ 700.00 The undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction on D.,,,a Z , 1984 ; and the completion of the project, ready for acceptance, will be on or before _Q &,„�_, 1984. Signed this day of October 1984. Gilbert Ruhkamp Route 4 Box 340 Salina, Kansas 67401 P-1 SIDEWALK IMPROVEMENTS CONTRACT THIS AGREEMENT, made and entered into this 16 kAl day of October , 19 84 , by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and Gilbert Ruhkamp, Salina, Kansas Second Party, hereinafter referred to as the "Contractor" WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in con- sideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal (P-1), the said Con- tractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to construct and complete the improvements in a good, substantial and workmanlike manner; ready for use and in strict accordance with the specifications (S-1; S-2; & S-3), as approved and filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. of the faithful Owner shall pay of said faithful Proposal (P-1) a It is hereby further agreed that in consideration performance of the work by the Contractor, the the Contractor the sum or sums due him, by reason performance of the work and as set forth in the s accepted by the Owner. ARTICLE 3. It is hereby further agreed that at the completion of the work and its acceptance by the Owner, all sums due the Con- tractor by reason of his faithful completion of the work; taking into consideration additions to or deductions from the contract price by reason of alterations or modifications of the original contract will be paid the Contractor by the Owner within 30 days after said completion and acceptance by the Owner. ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shall be deemed to refer to said Contractor whether a corporation, partner- ship, or individual; and this contract and all covenants and agree- ments thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. C-1 IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and year first herein written, all copies of which to all intents and purposes shall be considered the original. CONTRACTOR, SECOND PARTY Gilbert Ruhkamp OWNER, FIRST PARTY THE CITY OF SALINA, KANSAS CITY ENGINEER Attest: CITY CLERK C-2 SPECIFICATIONS 1. BASIS OF PAYMENT. Payment for work performed by the Contractor under these specifica- tions will be made at the approved contract unit price for each of the units listed in the proposal, and measured as hereinafter specified. Such payment shall compensate the Contractor for all costs in connection with furnishing all labor, equipment, and material required and performing the operations necessary to complete the several items in accordance with these specifications. All incidental work essential to the completion of the.project in a workmanlike manner, including cleanup of waste or surplus material, shall be accomplished by the Contractor without additional cost to the Owner. Payment will be made for the actual quantities constructed, said quantities being measured as follows: ITEM NO. 1 "SIDEWALK CONSTRUCTION" shall be paid for as a lump sum payment for all material and labor costs incurred by the Contractor to perform all of the following specified items: (a) ,Due to defective sidewalk conditions at 400 South 10th Street, Salina, Kansas (the E. 64' of Lot 1 and the E. 64' of the N. 2-1/2' of Lot 2, Block 2, Morrison's Addition to the City of Salina), certain sidewalk improvements are required at this location. (b) The scope of this sidewalk improvement project consists of the removal and replacement of approximately 100 S.F. of 4" concrete sidewalk in accordance with the current specifications for construction of public sidewalk within the City of Salina. The removal of a large tree adjacent to the sidewalk improvements is also included in the scope of work for this project. (c) The Owner will designate the concrete sidewalk sections to be removed and replaced. (d) The Contractor shall remove the large tree as directed; remove the stump to a depth of at least six (6) inches below the finished sidewalk grade by chipping, grinding, etc.; and dispose of all debris at a site provided by the Contractor. (e) The Contractor shall remove all concrete debris from the site and dispose of the debris at a site provided by the Contractor. (f) Upon final acceptance of the conduit installation work by the Owner (City of Salina), the Contractor shall be paid the lump sum payment as shown on the Proposal Sheet (P-1). S-1 2. OBSTACLES & OBSTRUCTIONS. Natural o structions 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 7e promptly made at his expense. 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. The Contractor shall make a reasonable effort to ascertain the existence of ob- structions 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. (b) SURFACE OBSTRUCTIONS. 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. (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 ex- cavating, 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 re- located 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 approxi- mate 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 re- location 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 ob- structing facility may be removed or relocated by the Contrac- tor at the expense of the utility company. S-2 (d) TREES AND SHRUBS. Trees and shrubs not directly interfering with excavation shall be carefully preserved insofar as possible without resorting to hand methods of excavation, and due care shall be taken to prevent unnecessary damage to such vegetation or landscaping improvements. (e) SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas such as parkings on or adjacent to improved property, shall be disturbed only to the extent reouired 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 operations adjacent to the new sidewalks, all disturbed areas shall be carefully hand raked to allow the private property owner to reseed grass or otherwise maintain the area. S-3