Project No. 23005 2023 Pavement Sealing Manualcc
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KANSAS
DEPARTMENT OF PUBLIC WORKS
PROJECT M A N U A L
PROJECT NO. 23005
2023 PAVEMENT SEALING
FEBRUARY -2023
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City of
KANSAS
DEPARTMENT OF PUBLIC WORKS
PROJECT MANUAL
PROJECT NO. 23005
2023 PAVEMENT SEALING
FEBRUARY -2023
City of
Salina
KANSAS
PROJECT NO. 23005
2023 Pavement Sealing
* * * *
Trent W. Davis, M.D., Mayor
* * * *
COMMISSIONERS
Michael L. Hoppock
Greg Lenkiewicz
Bill Longbine
Karl F. Ryan
En ineer's Seal
* * * *
Michael D. Schrage, City Manager
JoVonna A. Rutherford, City Clerk
Daniel R. Stack, P.E., City Engineer
* * * *
FEBRUARY -2023
TABLE OF CONTENTS
REQUEST FOR BIDS ---------------------------------------------------------------------------------------7
INS TRU CTI ONS TO BIDDERS ---------------------------------------------------------------------------9
BID FORl\.1----------------------------------------------------------------------------------------------------13
CONTRACT --------------------------------------------------------------------------------------------------17
PERFOR1\.1ANCE BOND-----------------------------------------------------------------------------------23
STATUTORY PAYMENT BOND------------------------------------------------------------------------27
NOTICE OF A\\TARD --------------------------------------------------------------------------------------29
NOTICE TO PROCEED------------------------------------------------------------------------------------31
CERTIFICATE OF SUBSTANTIAL COMPLETION-------------------------------------------------33
CER TIFI CA TE 0 F FIN AL CO MP LE TI ON ------------------------------------------------------------3 5
GENERAL CLAUSES
TABLE OF CONTENTS --------------------------------------------------------------------------3 7
GENERAL CLAUSES -----------------------------------------------------------------------------41
INSURANCE REQUIREMENTS----------------------------------------------------------------61
SPECIFICATIONS
SECTION 1 -GENERAL --------------------------------------------------------------------------63
SECTION 50 -JOB SPECIAL PROVISIONS--------------------------------------------------65
SECTION 120 -TRAFFIC CONTROL----------------------------------------------------------71
SECTION 211 -JOINT AND CRACK SEALING---------------------------------------------73
DRA\\TINGS -----------------------------------------------------------------------------------------------------
Revised 1-2-15 5
TABLE OF CONTENTS
Revised 1-2-15 6
REQUEST FOR BIDS
The City of Salina, Kansas is currently accepting sealed bids for the following project, at
the office of the City Clerk, City-County Building 300 West Ash, Room 206 Salina, Kansas , until
2:00 p.m. (Central), Thursday, January 12, 2023 , at which time the bids will be opened publicly
and read aloud.
2023 PAVEMENT SEALING
PROJECT NO. 23005
The drawings , specifications and other contract documents are the property of the City of Salina,
Kansas , and are available for public inspection at the office of the City Engineer, City-County
Building 300 West Ash, Room 205 , Salina, Kansas. Please contact the Department of Public
Works/Engineering at 785-309-5725 with any questions in regard to the project. The documents
may be purchased from the office of the City Engineer or at www.salina-ks.gov/bids through the
QuestCDN Link upon payment of $15 .00 , which is non-refundable. The successful bidder will be
furnished three complete sets of plans and specifications . Additional sets required will be furnished
at the current cost.
The City of Salina, Kansas , reserves the right to reject any or all proposals and to wai ve
any irregularities therein.
Revised 3-22-16 WEN 7
THE CITY OF SALINA, KANSAS
Isl JoVonna Rutherford
CITY CLERK
REQUEST FOR BIDS
Revised 3-22-16 WEN 8
INSTRUCTIONS TO BIDDERS
1. Terms used in these Instructions to Bidders shall have the meanings assigned to them
in the General Clauses.
2. The Work to be done under this Contract is shown on the Drawings and described in
the technical Specifications.
3. Each Bidder shall be acquainted with all conditions pertaining to the proposed Work ,
and shall personally examine the Site. Any prospective Bidder in doubt as to the meaning of any
part of the Contract Documents may submit a written request for an interpretation to the project
contact listed below. The person submitting such request shall be responsible for its prompt
delivery . Official interpretation, modification, or revision of the Contract Documents will be made
only by addendum duly issued and mailed or delivered to each party having a set of Contract
Documents. The project contact assumes no liability for any other explanations or interpretations
of the documents.
4. Bids shall be based on materials and equipment fully complying with the Drawings
and Specifications. The Contractor shall be responsible , under the Contract Price , for furnishing
and installing materials and equipment conforming to the stipulated requirements , even though the
Contractor's Bid identifies other kinds or types of materials and equipment.
5. No Bidder shall be interested in more than one Bid. Submission of more than one Bid
by any firm or individual under different names , or collusion among Bidders , shall be cause for
rejection of all such Bids without consideration.
6. The attached Bid form shall be filled out in full. Bids for less than all the Work will
not be considered , unless the Work is expressly divided into two or more parts , in which case each
part covered by the Bid shall be filled out in full. Extensions and totals submitted in the Bid will
be subject to audit and verification. Each Bid shall include the Bidder's name , exact post office
address , and the names and addresses of all persons and parties participating in the Bid. Any
person signing as an agent shall submit evidence of his or her authority determined acceptable by
the City.
7. The unit price for each of the items in the Bid of each Bidder shall include its prorated
share of overhead so that the sum of the products obtained by multiplying the quantity shown for
each item by the unit price bid represents the total Bid. Any Bid not conforming to this requirement
will be rejected.
8. The City reserves the right to reject any or all Bids, including without limitation the
right to reject any or all nonconforming , nomesponsive , unbalanced or conditional Bids and to
reject the Bid of any Bidder if the City believes that it would not be in the best interest of the
project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder
is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria
established by the City. The City also reserves the right to waive all informalities not involving
price, time or changes in the Work and to negotiate Contract terms with the responsive Bidder to
whom the City makes an award. Discrepancies between the multiplication of units of Work and
Revised 1-2-15 9
INSTRUCTIONS TO BIDDERS
unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum
of any column of figures and the correct sum thereof will be resolved in favor of the correct
sum. Discrepancies between words and figures will be resolved in favor of the words.
9. The City is exempt from Kansas sales tax on materials and equipment to be
incorporated into the Work . Consequently, sales tax shall not be included in the Contract Price.
10. The City may make changes in the scope of the Work required to be performed by the
Contractor under the Contract by making additions thereto , or by omitting work therefrom , without
invalidating the Contract, and without relieving or releasing the Contractor from any of the
obligations under the Contract or any guarantee given pursuant to the Contract provisions , and
without affecting the validity of the guaranty bonds, and without relieving or releasing the surety
or sureties of the guaranty bonds. No limit will be fixed and no Change Order will be required for
such increased or decreased quantities nor shall any adjustment in unit prices be allowed , provided
the net monetary value of all such additive and subtractive change in quantitie s of such items of
Work shall not increase or decrease the original total Contract Price by more than twenty-five
percent (25%).
11. Each Bidder shall submit with its Bid a certified check, cashier's check on a solvent
bank, or an acceptable bidding bond , in the amount of five percent (5%) of the total bid amount
shown on the Bid. This security shall be made payable to the City and will serve as a guarantee
that the Bidder will file all bonds and securities required and enter into any Contract awarded to
Bidder in accordance with the terms of the Bid within ten (10) days after notice of award. If the
successful Bidder fails to execute and deliver the Contract and furnish the required bonds within
ten (10) days after the notice of award, the City may consider the Bidder to be in default, annul the
notice of award , and the bid security of that Bidder shall be forfeited as liquidated damages and
the money derived therefrom will be turned to the use of the City.
12. Bids shall be sealed, the outside of the envelope marked with the title of the
improvements , and addressed to the City. The City's name and address, and the time and place
for submission of Bids , are shown in the "Request for Bids ." Bids received after the specified time
will be returned , unopened , to the Bidder. Bids submitted by facsimile will not be accepted.
13. All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid
opening, but the City may , in its sole discretion, release any Bid security prior to that date.
14. Bidders are requested to be present at the opening of Bids . All Bids shall be made
and received with the express understanding that the Bidder accepts the terms and conditions set
forth in these instructions and the other Contract Documents.
15. Before award of the Contract, the successful Bidder will be required to satisfy the City
as to the Bidder 's experience and competence to construct the Work, the Bidder's integrity and
reliability in carrying out the provisions of its performance bond, and the Bidder's resources for
the vigorous prosecution of the Work.
Revised 1-2-15 10
INSTRUCTIONS TO BIDDERS
16. All Bids must be regular in every respect and no interlineations , excisions , additions ,
deletions , alterations or special conditions shall be made on or included with the Bid form. If the
Work is divided into two or more parts , the Bidder shall not tie the bids for the various parts of the
Work together in any manner. Any Bid not conforming to these requirements will be rejected.
17. No Bid will be accepted from any person or firm who is in arrears to the City of Salina,
Kansas upon debt of contract, who is in default as surety or otherwise upon any obligation to the
City, who has failed in previous contracts to comply with the requirements of the specifications ,
or who has failed to fulfill any other terms or conditions of its other contracts with the City .
18 . Questions regarding these Instructions to Bidders or the other Contract Documents
shall be submitted in writing to the project contact no later than seven (7) days prior to the opening
of Bids. The project contact shall respond in writing, via facsimile , to all plan holders in an
expeditious manner, and no later than three (3) days prior to the opening of Bids.
Revised 1-2-15 11
INSTRUCTIONS TO BIDDERS
•
Revised 1-2-15 12
BID FORM
TO THE BOARD OF COMMISSIONERS
CITY OF SALINA , KANSAS
Project Name:
Project: No.:
2023 PAVEMENT SEALING
23005
Commissioners:
1. Proposal to Enter into Contract. The undersigned Bidder proposes and agrees,
if this Bid is accepted, to enter into a Contract with the City to perform all Work as specified or
indicated in the proposed Contract Documents for the prices and within the times indicated in this
Bid and in accordance with the other terms and conditions of the proposed Contract Documents.
2. Bidder's Acknowledgments. Bidder accepts all of the terms and conditions of the
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such
longer period of time that Bidder may agree to in writing upon request by the City. Bidder will
sign and deliver the required number of counterparts of the Contract with the bonds and other
required documents, within 10 days after the date of the City's notification of award.
3. Bidder's Representations. In submitting this Bid, Bidder represents that:
a. Bidder has carefully reviewed the proposed Contract Documents and the following
addenda, receipt of which is hereby acknowledged:
1.
2.
3.
Bidder understands and agrees that in signing this Bid, Bidder waives all right to
plead any misunderstanding regarding the Contract Documents or the above-
referenced addenda.
b. Bidder has visited the Site and become familiar with and is satisfied as to the
general , local, and Site conditions that may affect cost, progress, and performance
of the Work.
c. Bidder has given Engineer written notice of all conflicts , errors , ambiguities , or
discrepancies that Bidder has discovered in the proposed Contract Documents, and
the E ngineer 's written explanation is acceptable to Bidder.
Revised 1-2-15 13
BID FORM
4. Bid Price. Bidder will complete the Work in accordance with the Contract Documents
for the following unit prices:
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL NO. PRICE
1 Blowing Out Bridge Expansion 1 LS $ ~IJPIJ .$,~etJtJ Joints and Deck Drains
I
2 Crack & Joint Sealing 324,601 LB $1 '18 $1$q, o/'tJ9, ~ i
_,
3 Street Sweeping 5,949 SY $ ,75 $ ¥.' 1/61~ ?;
Total $~9487/.2.1
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose
of comparison of Bids, and final payment for all unit price bid items will be based on actual
quantities, determined as provided in the Contract Documents.
5. Time of Completion. Bidder agrees that the Work will be substantially completed by
DECEMBER 1, 2023, and will be completed and ready for final payment in accordance with the
General Clauses by DECEMBER 31. 2023. Bidder accepts the provisions of the Contract as to
liquidated damages.
6. Definitions. Terms used in this Bid shall have the meanings assigned to them in the
General Clauses included with the proposed Contract Documents.
7. Business Designation. Bidder represents that its business designation is as follows
(check one)
Individual/Sole Proprietorship D
Partnership D
Kansas Corporation D
Kansas Limited Liability Company D
Corporation* D
Limited Liability Company* " Other:
*Please indicate the state in which entity is organized
Revised 1-2-15 14
BID FORM
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NAME oF BIDDER:~/)~;__!:~--=.:..;~~:.....i.L.+,.l;~'µ._.:.~~c.'1 Uc
ADDRESS: L-'::._'/J.~. ~~~~~L-------
M~ A 1i.f "70S'2
E-MAIL AD DRE:~: t!/W~~(ZM,
TITLE: ~
DA TE SUBMITTED: ---'-l.,._/--=-1.-~_,_/....:....,;.....:....-p-=-z_...3"---------f I
Revised 1-2-15 15
THE AMERICAN INSTITUTE OF ARCHITECTS
AJA Document A310
Bid Bond
KNOW All MEN BY THESE PRESENTS, that we Circle c Paving & Construction, LLC
P.O. Box 361, Goddard , KS 67052
as Principal, hereinafter called the Principal, and Merchants National Bonding , Inc.
P.O. Box 14498, Des Moines , IA 50306 -34
a corporation duly organized under the laws of the State of IA
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Salina
300 West Ash Street , Salina, KS 67401
as Obligee, hereinafter called the Obl igee, in the sum of Five Percent of Amount Bid
Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
2023 Pavement Sealing 23005
NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Princ ipal shall enter into a Contract with the Obl igee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for th e faithful performance of such Contract and for the prompt payment ot labor and material furnished
in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and g ive such bond or bonds, if the
Principal shall pay to the Obl igee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good taith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 12th day of January, 2023
Merchants National Bonding , Inc .
Clara Navarro (Witness)
AIA DOCUMENT A310 •BID BOND• AIA ®•FEBRUARY 1970 ED• THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y . AVE .. N.W., WASHINGTON, D.C. 20006
(Surety)
(Seal)
(Seal)
MERCHANTS
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Desiree E Westmoreland ; Myriah A Valdivia; Timothy Smith ; Todd Alan Rambo
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute , seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14 , 2015 and adopted by the Board of Directors of
Merchants National Bonding , Inc., on October 16, 2015 .
"The President, Secretary , Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice Pres ident shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto,
bonds and undertakings, recognizances , contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authoriz ing the execution and delivery of any bond , undertaking , recognizance , or other suretyship obligations of the
Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts requ ired by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond .
In connection with obligations in favor of the Kentucky Department of Highways only , it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation .
In Witness Whereof, the Compan ies have caused this instrument to be signed and sealed this 20th day of July '2022 ......... ,
•• ··~~\ONJ11 11'•• ··~~ ......... l.~·· /r,, .··~~P0.9";,·· .. o\.
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STATE OF IOWA
COUNTY OF DALLAS ss.
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MERCHANTS BONDING COMPANY (MUTUAL)
:~~~~(,;L
On this 20th day of July 2022 , before me appeared Larry Taylor , to me personally known , who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
A:..~JA£U'~
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/<NJ~
POLLY MASON
Commission Number 750576
My Commission Expires
January 07, 2023
(Expiration of notary's comm iss ion does not invalidate th is instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full
force and effect and has not been amended or revoked .
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this l.2~~ day of J<l'r\lJO.f)' '201.3 . ,,................ • • • • .G .... • • • ···~~~-~~-~~~ ..... . .. ~'\)~~-.. £~"'~·· .
... ,,, .··o?-P0.9-f··~o... ..~~--~~POJl-i ·,1'~··
: ,.,, ... CJ ~-. -;t.. ~ • c., : " ....... ·. :.L ~ :«e:·~ -o-0 :d: .,_:~ -o-ff':-.. ·CS:· .-. •z· o 3:• : :s; : : :z : • 4.: 1933 : • ~(.).... 2003 ... ~0: ·.~··. .:;$:
•• f!,·· ··:-.. : • v . ..:. -~<::::-. •. ~··.. ./~ .• •. v.:1b:· ...... "i.-:'I.""" • •• 1tt ········· ·') •• • '¥ -tr ' •• ~..... -ti •""""" •••••••••• ·········
Secretary
POA 0018 (1/20)
CONTRACT
BETWEEN THE CITY OF SALINA, KANSAS
and
CIRCLE C PAVING & CONSTRUCTION, LLC
for
CONSTRUCTION OF PUBLIC IMPROVEMENTS
This Contract is entered into February 3 , 2023 by and between the City of Salina, Kansas, (the "City") and
CIRCLE C PA YING & CONSTRUCTION, LLC , a Limited Liability Corporation (the "Contractor").
Recitals
A. The City desires to contract for the construction of public improvements described as 2023 PAVEMENT
SEALING (the "Project") in compliance with federal , state, and local regulations .
B. The Contractor has the requisite qualifications and experience to construct the Project for the City and desires
to perform those services pursuant to the terms ofthis Contract.
The parties, in consideration of the mutual promises set forth in this Contract, agree and covenant:
1. Definitions. Except as otherwise provided herein, capitalized words used in this Contract shall have the
meanings indicated in the General Clauses .
2. Contract Documents. This Contract, together with the following documents and any Change Orders issued
after execution of this Contract, shall comprise the "Contract Documents" for the Project:
Mark with "X" if applicable:
~~~~B~ ~
Instructions to Bidders ~
Bid Form ~
Performance Bond ~
Statutory Payment Bond ~
Specifications ~
Drawings ~
General Clauses ~
Notice to Proceed (to be issued) ~
Certificate of Completion (to be issued) ~
Other: D
There are no Contract Documents other than those above listed .
3. Responsibilities and Representations of the Parties.
3 .1. Responsibilities . The parties agree to perform the responsibilities outlined in the Contract
Documents.
3 .2. Representations . In order to induce the City to enter into this Contract, the Contractor represents
that it has: (a) examined and carefully studied the Contract Documents and the other related data identified in the
Contract Documents; (b) visited the Site and become familiar with and is satisfied as to the general, local, and Site
Revised 1/2/15 17
CONTRACT
conditions that may affect cost, progress and performance of the Work; and ( c) become aware of the general nature of
work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
4. Schedule and Completion Times.
4.1. Time is of the Essence . All of the time limits for Milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract Documents are of the essence of this Contract.
4.2. Completion Times. The Work will be substantially completed, and completed and ready for final
payment in accordance with the General Clauses, on or before the date(s) or within the time(s) specified in the
Contractor's Bid.
4.3. Liquidated Damages. The parties recognize that the City will suffer financial loss ifthe Work is not
completed on or before the date(s) or within the time(s) specified in the Contractor's Bid, plus any extensions thereof
allowed in accordance with the General Clauses. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal proceeding the actual loss suffered by the City ifthe Work is not completed on time.
Therefore, for each day that expires after the time specified in the Contractor's Bid for Substantial Completion until
the Work is substantially complete as fixed in the certificate of Substantial Completion, and for each day that expires
after the time specified in the Bid for completion and readiness for final payment until the Work is completed and
ready for final payment as fixed in the certificate of final completion, the Contractor agrees to pay liquidated damages
to the City in the amount of 100.00, in accordance with the General Clauses.
5. Payment. The City shall pay the sum or sums due the Contractor, at stated intervals and in the amounts
certified by the City Manager, or his designated representative, in accordance with the provisions of the General
Clauses and the Contractor's Bid.
6. Insurance Requirements.
6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in
the General Clauses, and shall not make any material modification or change from these specifications without the
prior approval of the City. If the Contractor subcontracts any of its obligations under this Contract, the Contractor
shall require each such subcontractor to obtain insurance coverage as specified in the General Clauses . Failure of the
Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these
requirements or provisions and shall not relieve the Contractor of liability.
6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in
the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in the
General Clauses, all such policies shall be in such form and contain such provisions as are generally considered
standard for the type of insurance involved.
6.3. Certificate oflnsurance. The parties acknowledge that the Contractor has provided the City with a
certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance
requirements in this Contract. The City reserves the right to require complete certified copies of all insurance policies
procured by the Contractor pursuant to this Contract, including any and all endorsements affecting the coverage
required hereunder.
7. Iniurv to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to
person(s) or damage to property caused by its employees or agents in the performance of its duties under this Contract
and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury
to person(s) or damage to property.
8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold
harmless the City , its agents , representatives, officers, officials and employees from and against all claims, damages,
losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness,
Revised 1/2/15 18
CONTRACT
disease, death, or injury to, impairment, or destruction of property, including Joss of use resulting therefrom, to the
extent that such claims, damages, losses, and expenses relate to , arise out of, or are alleged to have resulted from the
wrongful acts, errors, mistakes, omissions, or defective work or services of the Contractor, its employees, agents, or
any tier of subcontractors in the performance of this Contract.
9. Voluntary Termination. See General Clauses.
10. Default. See General Clauses.
11. Remedies . See General Clauses .
12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor
responsibilities provided for under this Contract shall be assignable by either party, either in whole or in part.
13. Notices . All notices required or permitted to be given pursuant to this Contract shall be in writing and
delivered personally or sent by registered or certified mail , return receipt requested, or by generally recognized,
prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the
date appearing on the return receipt, but ifthe receipt is not returned within five (5) days, then three (3) days after mailed,
if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air
courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a
change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice.
CITY OF SALINA, KANSAS
City Clerk
Attn: Daniel R. Stack, P.E ., City Engineer
P.O. Box 736
Salina, KS 67402-0736
CONTRACTOR
CIRCLE CPA YING & CONSTRUCTION
PO BOX 361
GODDARD, KS 67052
14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly
identifiable records with respect to all costs and expenses incurred under this Contract. The records shall be
maintained during the term of this Contract, and for a period of three (3) years from the date of final payment under
this Contract (the "Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to
the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit
findings have been completely terminated or resolved, without right of further appeal. During the Retention Period,
the Contractor shall allow a representative of the City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to, or arising under, this Contract. The
City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing,
confirming, and verifying the nature and amount of all costs and expenses incurred under this Contract. The City
agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes,
subject to the Kansas open records act or other applicable law.
15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar
fiscal year. In the event that this Contract involves financial obligations spanning multiple fiscal years for the City, it
is subject to annual appropriation by the City's governing body for future fiscal years . If the City's governing body
does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Contract, the City
shall so notify the other parties to this Contract and this Contract shall be null and void for purposes of the fiscal
year(s) affected by the decision of the governing body not to appropriate.
Revised 1/2/15 19
CONTRACT
16. Relationship. It is expressly understood that Contractor in performing services under this Contract, does so
as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by
which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the
services covered by this Contract are performed and rendered in a competent, efficient, and satisfactory manner.
Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred
compensation plans, including but not limited to its workers compensation and social security obligations, and the
filing of all necessary documents, forms, or returns pertinent to the foregoing.
17. Subcontracting. See General Clauses.
18. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state, and local law
in the performance of this Contract.
19. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and
its subcontractors, if any, agree that:
(I) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the
Salina Code and in doing so shall not discriminate against any person in the performance of work under
this Contract because ofrace, sex, religion, age, color, national origin, ancestry or disability;
(2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal
opportunity employer," or a similar phrase to be approved by the city's human relations director;
(3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human
rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the
Contractor shall be deemed to have breached this Contract and it may be canceled, terminated or
suspended, in whole or in part, by the City;
( 4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina human relations commission or the Kansas human
rights commission which has become final, the Contractor shall be deemed to have breached this Contract
and it may be canceled, terminated or suspended, in whole or in part, by the City;
(5) The Contractor shall not discriminate against any employee or applicant for employment in the
performance of this Contract because of race, sex, religion, age, color, national origin, ancestry or
disability; and
(6) The Contractor shall include similar provisions in any subcontract under this Contract.
(b) The provisions of this section shall not apply to this Contract ifthe Contractor:
(1) Employs fewer than four employees during the term of this Contract; or
(2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year.
20. Administration of Contract All references in this Contract requiring the City's participation or approval shall
mean the participation or approval of the City Manager or his designee, unless otherwise provided herein.
21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing
party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,
in addition to any other amounts to which it may be entitled.
Revised 1/2/15 20
CONTRACT
22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this
Contract reviewed by legal counsel of the Contractor's choice.
23. Applicable Law; Venue. This Contract and its validity, construction and perfonnance shall be governed by the
laws of Kansas. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be
in the Saline County, Kansas District Court.
24. Interpretation. This Contract shall be interpreted according to its fair meaning, and not in favor of or against
any party.
25. Time. Time is of the essence of this Contract. No extension will be granted unless in writing and signed by the
parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5 :00 p.m. of the next
full business day.
26. Severability. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the
other provisions unenforceable, invalid, or illegal.
27. Authoritv and Consent to Transaction. Each party represents to the other that the person executing this
Contract has full and legal authority to bind such party to the terms of this Contract, and that the execution and delivery
of this Contract have been duly and validly authorized by the governing body of each party.
28. Persons Bound. This Contract shall extend to and bind the heirs , executors, administrators, trustees, successors
and authorized assigns of the parties hereto.
29. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed
an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement.
30. Amendments. Neither this Contract nor any of its terms may be changed or modified, waived, or terminated
except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of
the change, waiver, or termination is sought.
31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Contract, or
to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent
breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Contract, but each
and every term of this Contract shall continue in full force and effect with respect to any other then existing or subsequent
breach thereof.
32. Conflict Resolution. No interpretation of this Contract shall be allowed to find the City has agreed to binding
arbitration.
33. No Third Partv Beneficiaries. Solely the parties to this Contract shall have rights and may make claims under
this Contract. There are no intended third party beneficiaries under this Contract, and no third parties shall have any rights
or make any claims hereunder .
34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached, and
initialed by all parties, shall supersede all conflicting printed provisions.
35. Feminine-Masculine, Singular-Plural.
Wherever used, singular shall include the plural, plural the singular, and use of any gender shall include all genders.
36. Headings. The headings of the sections of this Contract are included for the purposes of convenience only
and shall not affect the interpretation of any provision hereof.
Revised 1/2/15 21
CONTRACT
37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the
conditions of their Contract No other promises, statements, warranties, agreements or understandings, oral or written,
made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized
representatives.
CITY OF SALINA, KANSAS CONTRACTOR
By: Michael D. Schrage, City Manager By:
(name)
Revised 1 /2/15 22
"CONTRACTOR"
Name
City of Salina , Kansas
PERFORMANCE BOND
"SURETY"
Name and Principal Place of Business
Circle C Paving & Construction , LLC Merchants National Bonding , Inc .
Address
P.O. Box 361
City, State, Zip
Goddard , KS 67052
"CITY":
City of Salina
P.O . Box 736
Salina,KS 67402 -0736
Address
P .O Box 14498
City , State, Zip
Des Moines , IA 50306
"PERFORMANCE BOND"
Bond N umber
NKS2730
Bond Amount $490 ,871 .23
Four Hundred Ninety Thousand Eight
Hundred Seventy One and 23/100 Dollars
Bond Date (not earlier than Contract date
stated below)
1. The Contractor has, on the _Q__ day of ft br u "-"" ~ , 2023 , entered into a contract
with the City ("Contract"), for the furnishing of all materials and labor and doing all the work of
whatever kind necessary to construct certain improvements for the City, which are genera ll y described
as follows:
2023 Pavement Sealing
(briefly describe project)
all in accordance with the detailed plans and specifications for su ch work on file in the office of the
City, an d in accordance with t he Contract.
2 . Contractor and Surety, jointly and severa ll y , bind themselves, their heirs, executors,
administrators, successors, and assigns to the City for the performance of the Contract, which is
incorporated herein by reference.
3. If the Contractor performs and fu lfi ll s a ll of the undertakings, covenants, terms ,
conditions , and agreements of the Contract, the Surety and the Contractor shall have no further
o bl igation under this Performance Bond.
R evised 1-2 -15 23
City of Salina, Kansas
PERF ORMANCE BOND
4 . The Surety's obligation under this Performance Bond shall arise after the City has
declared a Contractor Default as defined below, formally terminated the Contract or the Contractor's
right to complete the Contract , and notified the Surety of the City's claim under this Performance Bond .
5. When the City has satisfied the conditions of Paragraph 4 above, the Surety shall , at
the Surety's sole cost and expense , undertake one or more of the following actions :
5 .1. Arrange for the Contractor to perform and complete the Contract, provided ,
however, that the Surety may not proceed with this option, except upon the express written consent of
the City, which consent may be withheld by the City for any reason ;
5.2 . Undertake to perform and complete the Contract itself, through its agents or
through independent contractors ;
5 .3. Obtain bids or negotiated proposals from qualified contractors acceptable to
the City for a contract for perfonnance and completion of the Contract, arrange for a contract to be
prepared for execution by the City and contractor selected with the City 's concurrence , to be secured
with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on
the Contract, and pay to the City the amount of damages as described in Paragraph 7 in excess of the
Balance of the Contract Price incurred by the City resulting from the Contractor Default; or
5.4 . Waive its right to perform and complete, arrange for completion , or obtain a
new contractor, and with reasonable promptness under the circumstances :
1. After investigation , determine the amount for which it may be liable to the City
and , as soon as practicable after the amount is determined , tender payment
therefore to the City ; or
11. Deny liability in whole or in part and notify the City citing reasons therefore .
6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness ,
the Surety shall be deemed to be in default on this Performance Bond three (3) business days after
receipt of written notice from the City to the Surety demanding that the Surety perform its obligations
under this Performance Bond, and the City shall be entitled to enforce any legal or equitable remedies
available to the City. If the Surety proceeds as provided in subparagraph 5.4 , and the City refuses the
payment tendered or the Surety has denied liability, in whole or in part , the City shall be entitled
without further notice to Surety to enforce any legal or equitable remedies available to the City .
7 . After the City has terminated the Contract or the Contractor's right to complete the
Contract, and if the Surety is proceeding under subparagraph 5 .1, 5 .2 , or 5.3 above, then the
responsibilities of the Surety to the City shall not be greater than those of the Contractor under the
Contract, and the responsibilities of the City to the Surety shall not be greater than those of the City
under the Contract. To the limit of the amount of this Performance Bond, but subject to commitment
by the City of the Balance of the Contract Price to mitigation of costs and damages on the Contract,
the Surety is obligated without duplication for :
Revised 1-2-15 24
City of Salina, Kansas
PERFORMANCE BOND
7 .1. The responsibilities of the Contractor for correction of defective or unsuitable
work and performance and completion of the Contract;
7.2. Additional legal , design professional , and delay costs incurred by the City as a
result of the Contractor's Default , and as a result of the Surety's actions or failures to act under
Paragraph 5 above;
7 .3 . Liquidated damages as specified in the Contract, or, if no liquidated damages
are specified in the Contract, actual damages incurred by the City as a result of delayed performance
or non-performance of the Contract by the Contractor or the Surety ; and
7.4. Payment of all unpaid and due and owing fees or payments owed to the City
under the Contract at the time of the Contractor Default.
8. To the extent of payment to the Surety of the Balance of the Contract Price , the Surety
shall defend , indemnify , and hold harmless the City from all claims , suits, causes of actions, and
demands (including all costs of litigation and reasonable attorneys' fees), which are brought against
the City by the Contractor or any other party and which arise from or by reason of payment to the
Surety the Balance of the Contract Pric e .
9. The Surety hereby waives notice of any change or modification to the Contract,
including changes of time , or changes to related subcontracts, purchase orders , and other obligations .
10. Any proceeding , suit, or claim, legal or equitable, under this Performance Bond shall
be instituted in the Saline County, Kansas District Court and shall be instituted within two years of the
date on which the Surety refuses or fails to perform its obligations under thi s Performance Bond , in
accordance with Paragraph 5 above .
11. All notices to the Surety or the Contractor shall be mailed or delivered to the respective
addresses shown on the first page . In the event of a change in the address of the Surety or the
Contractor, such party shall promptly provide notice to the City and the other party , with such notice
to include a reference to the Contract and this Performance Bond.
12 . T hi s Performance Bond and its validity, construction , and performance shall be
governed by the laws of Kansas .
13. Definitions. As used herein, the following terms sha ll have the following definitions :
13 .1. "Balance of the Contract Price" shall mean the total amount payable by the
City to the Contractor under the Contract after a ll proper adjustments have been made, including
change orders and credits due the City, reduced by a ll valid and proper payments made to or on behalf
of the Contractor under the Contract and reduced further by all direct costs and expenses incurred by
the City as a result of the Contractor Defau lt , including costs of additiona l superv ision or inspection
by the City of the Contractor's work under the Contract and fees and expenses paid to consultants or
others hired by the City for purposes of monitoring or investigating the Contractor's work under the
Contract.
Revised 1-2-15 25
City of Salina, Kansas
PERFORMANCE BOND
13.2. "Contract" shall mean the agreement between the City and the Contractor
identified in Paragraph 1 above , including all related contract documents and changes thereto.
13 .3 . "Contractor D efault" shall mean the fai lure of the Contractor to perform or
otherwise comply with the terms of the Contract.
IN TESTIMONY WHEREOF , the Contractor has hereunto set its hand, and the Surety
has caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto
affixed, by its attorney-in-fact duly authorized to do so, as of this day of
-------' 2023.
CONTRACTOR AS PRINCIPAL
By: Signature
Circle C Paving & Construction , LLC
Pri Name~
SURETY
Surety's Name and Corporate Seal
Merchants National Bonding , Inc .
B y: Signature (Attach Power of Attorney)
Print Name
Myriah A . Valdivia
Title
Attorney-in -Fact
(A certified copy of the agent 's Power of Attorney must be attached hereto .)
R evised 1-2-15 26
MERCHANTS
BONDING COMPANY,..
POWER OF ATTORNEY
Know All Persons By These Presents , that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make , constitute and appoint , individually ,
Desiree E Westmoreland ; Myriah A Valdivia ; Timothy Smith ; Todd Alan Rambo
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute , seal and acknowledge any and all bonds , undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guarantee ing the fidelity of
persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14 , 2015 and adopted by the Board of Di rectors of
Merchants National Bond ing , Inc ., on October 16, 2015 .
"The President , Secretary, Treasurer , or any Assistant Treasurer or any Ass istant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto ,
bonds and undertakings, recognizances , contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond , undertaking , recognizance , or other suretyship obligations of the
Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ."
In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and authority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond .
In connection with obligations in favor of the Kentu cky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or re vocation.
In Witness Whereof, the Companies ha ve caused this instrument to be signed and sealed this 20th day of July . 2022 ······ .... •• ···~\ON-4 '•• •• ··~~ ......... (. <i'• /'°c,, .. ·f,~P01i;j· .. o\
:,.,;. :'(J ~ ..... ~~ :~:~ -o-o:o: :<: :-: : :s: :. 2003 .: 2 : ~ (.) ·• : .. I;):
• ... ($, •••• ..··' .. :
STATE OF IOWA
COUNTY OF DALLAS ss .
·-.~lf,,· ....... ..-:'rJ~ •• • .... tr ,,•' ....... ·······
······· •• \~G Co•. ··~~ .. ······.~,o··. :~~.·~\\POJ9_j-.1''1'.··
"c.,·~ .,A·.~· ·~:~ -0-11'· • :z:-o;3::
• d: ·. 1933 : • • L . • • C:::-e • ~· . :--r. . ~· ·~~-• •• '.:i'if ..... ·'\0 •• • • • i:! • ·······
MERCHANTS BONDING COMPANY (MUTUAL)
:~·~~{;L:
On this 20th day of July 2022 . before me appeared Larry Taylor, to me personally known . who being by me duly sworn
did say that he is Pres ident of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies ; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors .
POLLY MASON
Commission Number 750576
My Commission Expires
January 07, 2023
(Expiration of notary 's commission does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , IN C., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of ~br1>a.•j • 'l.Ol.3
POA 0018 (1 /20)
······· .. ~~\~~ .. ~~,;,;; ..
:~.·~\\P0'9.j ·.1''1'.·· • . ~ .,A·.~· • C.,;~ (1\· •
...... _ -0 -c:r---·
•:z:: =.:i:·
• d:" 1933 : • • ~· . c:::-. • ..... .. ,:;:t • • "'&'.· . ~ ....... •• '.:i'ij,·· .... "\0 •·
• • • ti •• • ......
p~~~.
Secretary
"CONTRACTOR"
Name
City of Salina, Kansas
STATUTORY PAYMENT BOND
(Pursuant to K.S.A. § 60-1111) ;c5Si37--
"SURETY"
Name and Principal Place of Business
Circle C Paving & Construction, LLC Merchants National Bonding, Inc.
Address
P.O . Box 361
City, State , Zip
Goddard, KS 67052
"CITY":
City of Salina
P .O . Box 736
Salina , KS 67402-0736
Address
P .O Box 14498
City , State , Zip
Des Moines, IA 50306
"PERFORMANCE BOND"
Bond Number
NKS2730
Bond Amount $490 ,871 .23
Four Hundred Ninety Thousand Eight
Hundred Seventy One and 23/100 Dollars
Bond Date (not earlier than C ontract date
stated belo w)
KNOW ALL BY THESE PRESENTS :
THAT the Contractor and the Surety are held and firmly bound unto the State of Kansas in
the amount of this Payment Bond, for the payment of which sum, well and truly to be made, said
Contractor and Surety bind themselves , their heirs, administrators , executors , successors and
assigns , jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT:
WHEREAS , the Contractor has, on the __ day of , 2023 , entered into a
contract with the City ("Contract"), for the furnishing of all materials and labor and doing all the
work of whatever kind necessary to construct certain improvements for the City, which are
generally described as:
2023 Pavement Sealing
(briefly describe project)
all in accordance with the detailed plans and specifications for such work on file in the office of
the City, and in accordance with the Contract, a copy of which is by reference made a part hereof.
Revised 1-2-15 27
,
City of Salina, Kansas
STATUTORY PAYMENT BOND
(Pursuant to K.S.A. § 60-1111)
NOW, THEREFORE, if the Contractor, or the subcontractor or subcontractors of the
Contractor, shall pay all indebtedness incurred for labor furnish ed , materials , equipment or
supplies , used or consumed in connection with, or in or about the construction or making of, the
above described improvements , including gasoline, lubricating oils , fuel oils , greases , and similar
items used or consumed directly in furtherance of such improvement, this obligation shall be void ;
otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, the said Surety , for value received , hereby stipulates and agrees
that no change , extension of time , alteration or addition to the terms of the Contract or to the work
to be performed thereunder, or the specifications accompanying the same, shall in any way affect
its obligations on thi s bond ; and it does hereby waive notice of any such change, extension of time ,
alteration or addition to the term s of th e Contract, or to the work, or to the specifications.
PROVIDED FURTHER, the said Surety agrees that any person to whom there is due any
sum for labor or materials furnished , as hereinbefore stated, or said person 's assigns , may bring an
action on this bond for the recovery of the indebtedness ; PROVIDED, that no action shall be
brought on the bond after six ( 6) month s from the completion of said public improvements .
IN TESTIMONY WHEREOF, th e Contractor has hereunto set its hand , and the Surety has
caused this Payment Bond to be executed in its name, and its corporate seal to be hereunto affixed ,
by its attorney -in-fact duly authorized to do so, as of this day of ________ _
2023 .
CONTRACTOR AS PRINCIPAL
By: Signature
Circle C Paving & Construction , LLC
SURETY
Surety 's Name and Corporate Seal
Merchants National Bonding , Inc .
By : Signature (Attach Power of Attorney)
Print Name
Myriah A. Valdivia
Title
Attorney-in -F act
Pr--V~
,•
(A certified copy of the agent 's Power of Attorney must be attached hereto .)
Revised 1-2-15 28
MERCHANTS
BONDING COMPANY ...
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .,
both being corporations of the State of Iowa (herein collectively called the "Companies ") do hereby make , constitute and appoint , indi vidually ,
Desiree E Westmoreland ; Myriah A Valdivia ; Timothy Smith; Todd Alan Rambo
their true and lawful Attorney(s)-in-Fact , to sign its name as surety(ies) and to execute , seal and acknowledge any and all bonds , undertakings ,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23 , 2011 and amended August 14 , 2015 and adopted by the Board of Directors of
MerchantsNational Bonding , Inc ., on October 16, 2015 .
"The President , Secretary , Treasurer , or any Assistant Treasurer or any Ass istant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto ,
bonds and undertakings, recognizances , contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond , undertaking , recognizance , or other suretyship obligations of the
Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ."
In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee , shall not relie ve this surety company of any of
its obligations under its bond .
In connection with obligat ions in favor of the Kentucky Department of Highways only , it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or re vocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of July . 2022 ····· ····· •• ···~\ON4 ••••• ··~~ ......... /.~·· _.-~.··~Vo.PO~~·· .. o\
i1':'CJ ~·-~':;. :C!;~ -o-o ':O: :~: :2: ~o\ 2003 ,:~t:>:
·-.~··.. . .. ·, .....
STATE OF IOWA
COUNTY OF DALLAS ss .
··.~tit""····<~~ .. · ..... , <:r •••• ······ ·······
.· ·~ci eta·· ··~~\.·····-~..o··.
.. ~'\ <;, \\ p 0 -9,j "1''1'. •• ·c.,·~ ........ :..L.
·~:~ -0 -ff'• • :z::-o;~:
• 4.. 1933 . • ..... ·. : c:::-. ··~· • -::-v. • ~· ·~<:::-. • •• '.:Yjf ..... ··~ •• • . . {; . ·······
MERCHANTS BONDING COMPANY (MUTUAL)
:~:z;o•;;;z
President
On this 20th day of July 2022 , before me appeared Larry Taylor, to me personally known , who being by me duly sworn
did say that he is Pres ident of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies ; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors .
POLLY MASON
Commission Number 750576
My Commission Expires
January 07 , 2023
(Expiration of notary's commission does not invalidate th is instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3 ····· ····· ...... . ····~~\ON,q ••••• ••• '"G co;~·· ···~~ ........... /. ~··. • ~~ ....... ·<'T,o • •
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day of -i:e brva.r~ . '2.0'l.3 .
Secretary
POA 0018 (1 /20)
PUBLIC WORKS DEPARTMENT
Jim Teutsch, Director of Public Works
Daniel Stack, PE., City Engineer
Jim Kowach, PE., Operations Manager
300 West Ash · P.O. Box 736
Salina, Kansas 67402-0736
January 24, 2023
Circle C Pavin g & C on struction, LLC
P.O Box 361
Goddard, KS 67052
City of
!l
Sallna
RE : Notice of Award for City of Salina Project No. 23005
Dear Circle C Paving & Construction, LLC:
TELEPHONE · (785) 309-5725
FAX · (785) 309-5713
TDD· (785) 309-5747
E-MAIL: iim.teutsch@ salina.org
dan.stack@salina .org
jim.kowach@salina.org
WEBSITE · www.salina-ks.gov
The City of Salina has considered your Bid dated 01/12/2023 for the above Project. You are the
successful Bidder and are awarded a Contract for 2023 Pavement Crack Sealing.
The Contract Price of your Contract is Four Hundred and Ninety thousand, Eight Hundred and
Seventy One dollars and Twenty-Three cents. ($490,871.23).
The Proposed Contract accompanies this Notice of Award , along with one (1) copy of the
Performance Bond and one (1) of the Statutory Payment Bond forms. As a condition precedent to
the Contract award , you must deliver the fo ll owing documents to the City Clerk , City-County
Building, 300 W.Ash, Room 206, P.O. Box 736, Salina, Kansas 67402, within ten (10) days of the
date you receive this Notice of Award:
1. Three (3) fully-executed counterparts of the Contract.
2. Contract se curity {Bonds) on the forms enclosed and as specified in the General Clauses
{pa ragraph 5), along with a check for the Statutory Payment Bond filing fee , in the amount of
$36.00 and payable to "Clerk of the Saline County District Court ."
3. The Certificate{s) of Insurance as specified in the General Clauses {paragraph 6).
Failure to comply with these conditions within the time specified will entitle the City to consider you
in default, annul this Notice of Award , and de clare your Bid security forfeited. Within ten (10) days
after you r timely satisfaction of these conditions, the City will return to you one fully signed
counte rpart of the Contra ct.
Please contact me if you have any questions.
Sinc ere ly,
Enclos ures
Engineering<> Streets ·t> Traffic Control¢· Flood Control ~ Central Garage~ Sanitation~ Landfill
Our Mission is to Build and Maintain a Clean, Safe Community
DEPARTMENT OF PUBLIC WORKS
Jim Teutsch, Director of Public Works
Daniel Stack, P.E., City Engineer
Jim Kowach , P.E., Operations Manager
300 West Ash ·P.O. Box 736
Salina, Kansas 67402-0736
City of
!i
sallna
TELEPHONE · (785) 309-5725
FAX · (785) 309-5713
TDD · (785) 309-5747
E-MAIL: iim.teutsch@salina.org
dan.stack@salina.org
j im.kowach@salina.org
WEBSITE · www.salina-ks .gov
NO TIC E TO PROCEE D
February 3, 2023
Project: 2023-Pavement Crack Sealing
Owner: City of Salina Owner's Contract No.:
23005
Contract: Engineer's Project No.:
Circle C. Paving & Construction
Contractor: PO Box 361
Goddard, KS 67052
You are notified that the Contract Times under the above Contract will commence to run on February 3, 2023.
On or before that date, you are to start performing your obligations under the Contract Documents. In accordance
with the Contract, the date of Substantial Completion is December 1, 2023, and the date of readiness for final
payment is December 31, 2023.
Please contact our office (785-309-5725) 3 weeks prior to beginning the planned work to schedule a Pre-
Construction Meeting that will work with your schedule.
Copy to Engineer
CITY OF SALINA, KANSAS
Owner
Given by:
Authorized Signature
KENT R. JOHNSON, P.E.
CIVIL ENGINEER
Date: February 3, 2023
Eng ineering Streets +> Traffic Control ~ fl oo d Cont rol 9 Central Garage t Sanitation o Landfil l
Our Mission is to Build and Maintain a Clean, Safe Community
CERTIFICATE OF SUBSTANTIAL COMPLETION
Project:
City of Salina
Owner: P.O. Bo x 736
Salina, KS 67402-0736
Contract:
Contractor:
Contractor's
Address:
Date of Issuance:
Owner's Contract No.:
Engineer's Project No.:
This Certificate of Substantial Completion applies to:
0All Work under the Contract Documents: 0The following specified portions of the Work:
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor, and Engineer, and found to be substantially complete as of the date
designated above.
A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include any items on such list does not alter the responsibility of the Contractor
to complete all Work in accordance with the Contract Documents .
The responsibilities between Owner and Contractor for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract
Documents except as amended as follows:
D Amended Responsibilities D Not Amended
Owner's Amended Responsibilities:
Revised 2-1-16 33
CERTIFICAT E OF SUB STANTIAL COMPLETION
Contractor's Amended Responsibilities:
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of Contractor's obligation to complete the Work in accordance with
the Contract Documents.
Executed by Inspector Date
Executed by Engineer Date
Accepted by Contractor Date
Accepted by Owner Date
Revised 2-1-16 34
CERTIFICATE OF FINAL COMPLETION
Project:
City of Salina
Owner: P.O. Box 736
Salina, KS 67402-0736
Contract:
Contractor:
Contractor's
Address:
Date of Issuance:
Owner's Contract No.:
Engineer's Project No.:
This Certificate of Substantial Completion applies to:
D All Work under the Contract Documents: D The following specified portions of the Work:
Date of Final Completion
The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor, and Engineer. Per Section 45 of the City 's General Clauses for Construction
Contracts and written notice from the Contractor that the entire Work is completed and ready for
final payment, the Engineer has made a final inspection. In the opinion of the Engineer, the
contractor has satisfactorily completed the Work, including all punch list items.
This certificate serves as the commencement date for the two-year warranty period pursuant to
Section 46 of the General Clauses. If within two years after final acceptance of the Work as a
whole , any Work is found to be defective, or if the repair of any damages to the land or areas made
available for Contractor's use is found to be defective , the Contractor shall promptly, without cost
to the City and in accordance with the City 's written instructions:
(a) Correct such defective Work; or
(b) Repair such defective land or areas ; or
(c) If the defective Work has been rejected by the City, remove it from the Site and replace
it with Work that is not defective; and satisfactorily correct or repair, or remove and replace ,
any damage to other Work, to the work of others, or other land or areas resulting therefrom.
Revised 2-1-16 35
CERTIFICATE OF FINAL COMPLETION
If the Contractor does not promptly comply with the terms of the City's written instructions, or in
an emergency where delay would cause serious risk of loss or damage, the City may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced. All
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court costs) arising out of or relating to such
correction or repair or such removal and replacement (including but not limited to all costs of
repair or replacement of work of others) will be paid by the Contractor. Where defective Work
(and damage to other Work resulting therefrom) has been corrected or removed and replaced under
this section, the warranty period hereunder with respect to such Work will be extended for an
additional period of two years after such correction or removal and replacement has been
satisfactorily completed.
The Contractor's obligations under this section are in addition to any other obligation or warranty,
and shall not be construed as a substitute for, or a waiver of, the provisions of any applicable
statute of limitations or repose.
Executed by Inspector Date
Executed by Engineer Date
Accepted by Contractor Date
Accepted by Owner Date
Revised 2-1-16 36
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
l. APPLICATION------------------------------------------------------------------------------------GC-1
2. D EFINITI 0 NS-------------------------------------------------------------------------------------GC-1
a. l3id-----------------------------------------------------------------------------------------------GC-1
b. l3idder-------------------------------------------------------------------------------------------GC-1
c. Change Order----------------------------------------------------------------------------------GC-1
d. City----------------------------------------------------------------------------------------------GC-2
e. Contract-----------------------------------------------------------------------------------------GC-2
f. Contract Documents--------------------------------------------------------------------------GC-2
g. Contract Price----------------------------------------------------------------------------------GC-2
h. Contract Times --------------------------------------------------------------------------------GC-2
1. Contractor --------------------------------------------------------------------------------------GC-2
J. Dra\¥ings ---------------------------------------------------------------------------------------GC-2
k. Engineer----------------------------------------------------------------------------------------GC-2
I. Inspector----------------------------------------------------------------------------------------GC-2
m. Milestone---------------------------------------------------------------------------------------GC-2
n. Notice to Proceed -----------------------------------------------------------------------------GC-2
o. Site ----------------------------------------------------------------------------------------------GC-2
p. Spee i fi cations ----------------------------------------------------------------------------------GC-3
q. Standard Specifications and Test Methods------------------------------------------------GC-3
r. Substantial Completion ----------------------------------------------------------------------GC-3
s. \\Tork--------------------------------------------------------------------------------------------GC-3
3. TERMINOI,OGY' ---------------------------------------------------------------------------------GC-3
a. Day ---------------------------------------------------------------------------------------------GC-3
b. Defective---------------------------------------------------------------------------------------GC-3
c. Furnish -----------------------------------------------------------------------------------------GC-3
d. Install -------------------------------------------------------------------------------------------GC-4
e. Perform; Provide------------------------------------------------------------------------------GC-4
4. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED--------------GC-4
5. l30NDS ---------------------------------------------------------------------------------------------GC-4
a . Performance l3ond ----------------------------------------------------------------------------GC-4
b. Statutory l3ond---------------------------------------------------------------------------------GC-4
6. INS URAN CE REQUIREMENTS --------------------------------------------------------------GC-4
7. PA TENTED DEVICES AND PROCESSES--------------------------------------------------GC-5
8. \\1 ATER, GAS AND EI,ECTRICITY'----------------------------------------------------------GC-5
9 . PERMITS , LICENSES AND REGfilA TIONS----------------------------------------------GC-5
Revised 1-11-18 37
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
10. NOTICES-------------------------------------------------------------------------------------------GC-5
11. OBSTACLES AND OBSTRUCTIONS -------------------------------------------------------GC-5
a. Subsurface 0 bstructi o ns ---------------------------------------------------------------------GC-6
b. Surface Obstructions -------------------------------------------------------------------------GC-6
c. Pub Ii c Uti I iti es---------------------------------------------------------------------------------GC-6
d. Trees and Shrubs------------------------------------------------------------------------------GC-7
e . Sodded and Landscaped Areas--------------------------------------------------------------GC-7
f. Privately Owned Obstructions --------------------------------------------------------------GC-7
12. SALVA GED MATERIALS ---------------------------------------------------------------------GC-7
13. MATERIALS FURNISHED BY CITY--------------------------------------------------------GC-7
14. BARRIERS AND LIGHTS----------------------------------------------------------------------GC-7
15. RESPONSIBILITY FOR PROPERTY DAMAGE ------------------------------------------GC-7
16. PUBLIC CONVENIENCE----------------------------------------------------------------------GC-8
17. QUALITY OF MATERIALS AND EQUIPMENT------------------------------------------GC-8
1 8. W 0 RKMAN SHIP---------------------------------------------------------------------------------GC-8
19. PRESERVATION OF MONUMENTS AND MARKERS ---------------------------------GC-8
20. TEST SAMPLES AND SPECIMENS ---------------------------------------------------------GC-8
21. SPECIAL CONSTRUCTION METHODS----------------------------------------------------GC-9
22. SHOP AND ERECTION DRAWINGS--------------------------------------------------------GC-9
23. REPRESENTATION -----------------------------------------------------------------------------GC-9
24. COOPERATION----------------------------------------------------------------------------------GC-9
25. IN CID ENT AL W 0 RK --------------------------------------------------------------------------GC-1 0
26. FINAL CLEAN UP ------------------------------------------------------------------------------GC-10
27. RESPONSIBILITIES OF THE CONTRACTOR -------------------------------------------GC-10
28. SANITARY CONVENIENCES ---------------------------------------------------------------GC-11
Revised 1-11-18 38
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
29. APPROVAL OF SUBCONTRACTORS -----------------------------------------------------GC-11
30. RESPONSIBILITY OF THE ENGINEER---------------------------------------------------GC-11
31. INTERPRETATION OF CONTRACT DOCUMENTS -----------------------------------GC-11
3 2. IN SPECTI 0 N -------------------------------------------------------------------------------------GC-11
3 3. W 0 RK AFFECTED BY WEA THER---------------------------------------------------------GC-12
34. CONTROL AND REGULATION OF WORK----------------------------------------------GC-12
35. USE OF COMPLETED POR TIONS----------------------------------------------------------GC-12
36. VARIATIONS , CHANGES AND MODIFICATIONS ------------------------------------GC-12
37. CONTRACTOR 'S RIGHT TO STOP WORK OR TERMINATE CONTRACT------GC-13
3 8. CITY'S RIGHT TO SUSPEND W 0 RK------------------------------------------------------GC-13
3 9. CITY'S RIGHT TO TERMINATE CONTRA CT -------------------------------------------GC-13
40 . PAYMENTS TO CONTRACTOR------------------------------------------------------------GC-14
41. FORCE ACCOUNT -----------------------------------------------------------------------------GC-15
42. EXTENSION OF CONTRACT TIMES ------------------------------------------------------GC-15
4 3. LIQUID A TED DAMAGES --------------------------------------------------------------------GC-17
44. ALTERNATES -----------------------------------------------------------------------------------GC-17
4 5 . CER TIFI CA TES 0 F CO MP LE TI ON---------------------------------------------------------GC-1 7
a. Substantial Completion ---------------------------------------------------------------------GC-17
b. Final Completion ----------------------------------------------------------------------------GC-18
46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD --------------------------------GC-18
4 7. MAINTENANCE OF PROJECT SITE -------------------------------------------------------GC-19
48 . SCHEDULE A -INSURANCE REQUIREMENTS ---------------------------------------GC-21
Revised 1-11-18 39
CITY OF SALINA KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
TABLE OF CONTENTS
Rev ise d 1-11-18 40
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
1. APPLICATION.
These General Clause s are a part of the Contract Documents and shall be binding upon all
parties, except for the parts obviously not applicable to the particular Contract, or if specifically
revised, modified or supplemented by the technical Specifications , Bid , or Change Order.
2. DEFINITIONS.
When the following terms are used in the Specifications or other Contract Documents , the
intent and meaning shall be interpreted as follows :
(a) BID. The written offer of the Bidder to perform the contemplated Work in
accordance with the Contract Documents and setting forth the prices for the Work
to be performed.
(b) BIDDER. Any individual, partnership , firm or corporation submitting a proposal
for performing the Work.
(c) CHANGE ORDER. A written proposal and agreement, executed by the Contractor
and City and accompanied by new surety bonds in the full amount of the change
order, covering Work not included in the original Contract Documents. The City
reserves the right to waive the requirements of new surety bonds. Change orders
shall include such supplemental drawings and technical specifications as may be
required to show the location , character, details , and extent of the additions ,
deletions , or modifications.
If applicable unit prices for these additions or deletions are not contained in the
original Contract Documents or if the total net change increases or decreases the
total Contract Price more than twenty-five percent (25%) the City shall, before
ordering the Contractor to proceed with desired changes , request an itemized
proposal from the Contractor covering the Work involved in the change.
If the proposal is acceptable , the 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 City may order the Contractor to proceed with the Work on
a "Force Account" basis pursuant to Section 41 below .
( d) CITY. The City of Salina, Kansas, a municipality, acting on its own behalf or
through legally authorized officials.
Revised 1-11-18 41
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
(e) CONTRACT. The written agreement covering the performance of the Work.
(f) CONTRACT DOCUMENTS. Those items so designated a s the "Contract
Documents" in the Contract.
(g) CONTRACT PRICE. The moneys payable by the City to the Contractor for
completion of the Work in accordance with the Contract Documents and as stated
in the Contract.
(h) CONTRACT TIMES . The number of days or the dates stated in the Contract
Documents to: (i) achieve Milestones , if any; (ii) achieve Substantial Completion ;
and (iii) complete the Work so that it is ready for final payment.
(i) CONTRACTOR. The individual , partnership , firm, or corporation ex ecuting a
Contract, acting directly or through lawful agents or employee s , and who is
primarily liable for the acceptable performance of the Work under C ontract and for
payment of all legal debts pertaining thereto .
U) DRAWINGS . The working drawings , supplemental drawings , or reproductions of
the drawings showing the location, dimensions, and details of the Work to be done.
(k) ENGINEER. The City Engineer of the City of Salina, Kansas , or the City
E ngineer's designated consulting engineer.
(1) INSPECTOR. An authorized representative of the Engineer or an authorized
representative of the City assigned to inspect the Work performed or materials
furnished by the Contractor, or all other duties required for construction of the
project as set forth in the Specifications.
(m)MILESTONE. A principal event specified in the Contract Documents relating to
an intermediate completion date or time prior to Substantial Completion of all the
Work.
(n) NOTICE TO PROCEED. A written notice given by the City to the Contractor
fixing the date on which the Contract Times will commence to run and on which
Contractor shall start to perform the Work on the Contract Docume nts.
( o) SITE. Land or areas indicated in the Contract Documents as being furnished by
the City upon which the Work is to be performed, including ri ghts-of-way and
easements for access thereto, and such other lands furnished by the City which are
designated for the use of the Contractor.
(p) SPECIFICATIONS. The directions, provisions , and requirements pertaining to the
method and manner of performing the Work, to the kind and type of equipment, or
Rev ised 1-11-18 42
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
to the qualities of materials to be furnished.
(q) STANDARD SPECIFICATIONS AND TEST METHODS. All specifications and
test methods of any society, association , or organization herein referred to are
hereby made a part of the Contract Documents to the same extent as if fully set
forth herein. Reference to such "Standard Specifications" shall be deemed to refer
to the latest standard and tentative standards as are in force on the date Bids are
received.
(r) SUBSTANTIAL COMPLE TION. The time at which the Work (or a specified part
thereof) has progressed to the point where , in the opinion of the Engineer, the Work
(or a specified part thereof) is sufficiently complete , in accordance with the
Contract Documents, so that it can be utilized for the purposes for which it is
intended. The terms "substantially complete" and "substantially completed " as
applied to all or part of the Work refer to the "Substantial Completion" thereof.
(s) WORK. The furnishing of all labor, materials, equipment, and other incidentals
necessary or convenient to the successful completion of the construction project
required to be provided under the Contract Documents, and the carrying out of all
the duties and obligations imposed by the Contract.
3. TERMINOLOGY.
The words and terms discussed below are not defined but, when used in the Contract
Documents, have the following indicated meaning:
(a) DAY. The word "day" means a calendar day of 24 hours measured from midnight
to the next midnight.
(b) DEFECTIVE. The word "defective ," when modifying the word "Work," refers to
Work that is unsatisfactory, faulty , or deficient in that it:
1. Does not conform to the Contract Documents;
11. Does not meet the requirements of any applicable inspection, reference
standard , test, or approval referred to in the Contract Documents; or
111. Has been damaged prior to the Engineer's recommendation of final
payment (unless responsibility for the protection thereof has been assumed
by the City in accordance with Section 35).
(c) FURNISH. The word "furnish ," when used in connection with services , materials ,
or equipment, shall mean to supply and deliver said services , materials , or
equipment to the Site (or some other specified location) ready for use or installation
and in usable or operable condition.
Revised 1-11-18 43
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
(d) INSTALL. The word "i nstall ," when used in connection with services, materials,
or equipment, shall mean to put into use or place in final position said services ,
materials, or equipment complete and ready for intended use.
(e) PERFORM; PROVIDE. The words "perform " or "provide ," when used in
connection with services, materials, or equipment, shall mean to furnish and install
said services, materials , or equipment complete and ready for intended use.
When "furnish ," "install," "perform ," or "prov ide " is not used in connection with
services, materials , or equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
4. COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED .
The Contract Times will commence to run on the thirtieth day after the effective date of
the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the effective date of the Contract.
5. BONDS.
The Contractor shall furnish such surety bonds as hereinafter identified and described. Any
and all bonds shall be so written as to make the Contract Documents a part thereof, whether by
reference or attachment, in order to give the surety full notice of the conditions thereof. Each bond
shall be a legally issued surety drawing in an amount not less than the total Contract Price, meeting
the approval of the City and all other parties concerned as required by law as to form, tenor,
execution and surety, and shall be delivered to the City, along with the executed Contract, within
ten (10) days after the City's notice of award. The Contractor shall have no rights under the
Contract until such acceptable bonds have been furnished and delivered. The City 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. The Contractor shall furnish the
following:
(a) PERFORMANCE BOND. A performance bond, in the form provided by the City,
running to the City, conditioned upon the prompt, full , and complete performance
by the Contractor as principal of all covenants, obligations , an d agreements
contained in the Contract Documents. The performance bond shall remain in effect
until completion of the two (2) year warranty period specified in Section 46 below.
(b) STATUTORY BOND . A payment bond, in the form provided by the City, running
to the State, conditioned that the Contractor as principal shall pay a ll indebtedness
incurred for labor, supplies, equipment, and materials furnished in making the
improvements called for by the Contract Documents.
6. INSURANCE REQUIREMENTS.
The Contractor shall purchase and maintain , and shall require each of its authorized
subcontractors to obtain and maintain , for the duration of the Contract, polici es of insurance ,
Revised 1-11-18 44
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
providing such coverages and meeting such requirements as specified in Schedule A attached
hereto .
7. PATENTED DEVICES AND PROCESSES.
All fees , royalties , and licenses for any patented invention , device, article, or process used
in, upon, or in connection with the construction, erection , or operation of the Work or any part
thereof, shall be included in the Contract Price or prices; and the Contractor shall hold the City
harmless against any claim or demand for payment of such.
8. 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 so used ,
unless a specified exemption is made in the technical Specifications.
9 . 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 City,
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 .
10 . NOTICES.
The Contractor shall give written notice, not less than twenty-four (24) hours before
breaking ground for the project, to all persons in charge of any property that may be affected by
the Work or related operations . The Contractor shall not hinder or interfere with any persons
performing Work as required to care for and protect property from possible damage during
construction of the proposed improvements. The Contractor shall notify the Engineer or Inspector
prior to beginning, suspending, or resuming operations. Such notice shall be issued in sufficient
time to allow the necessary preparations to be made and the proper persons to be present.
11. 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 the Contractor 's expense . All Work in connection with removal and relocation shall be
carefully done in accordance with accepted practices so as to result in the maximum salvage of
materials suitable for reuse. Salvaged materials not utilized in relocation or reconstruction shall
remain the property of the City 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 .
Revised 1-11-18 45
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
U nl ess otherwi se provided in the Bid , no separate or additional payment will be made for any
Work in connection with removal , relocation, or restoration of obstructions and ex isting facilitie s .
(a) SUB SURF ACE 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 di gg ing 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, subject to the
requirements of Section ll(c) below.
(b) SURFACE OBSTRUCTIONS . Sidewalks , curb and gutter, drainage structures ,
and similar obstructions may be tunneled under if the length of tunnel sections at
pipe is not more than eight feet; otherwise the obstruction shall be cut in straight
Jines 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. B ackfill of tunnel
sections shall be rammed in place as directed.
(c) PUBLIC UTILITIES. Public utility pipelines , poles, cables , conduits , and wires
which interfere with construction shall , where practicable, be bypa ssed or worked
around by hand excavating, tunneling, or other approved methods at the
Contractor's expense. Where not possible to bypass or work around the facility, the
facility shall be removed or relocated by the respective utility company upon
notification that such removal or relocation work is necessary to permit new
construction to lines and grades designated. The cost of such remo v al or relocation
work shall be borne by the City, provided thatthe facility to be removed or relocated
has been installed at a specific location and specified depth under t erms written in
the franchise ; otherwise all costs shall be borne by the utility company. The City
shall notify the utility company in writing of the approximate date on which
construction Work will begin. Such notice shall be given sufficiently in advance
of beginning construction to allow adequate time for the removal or relocation
Work to be accomplished by the utility company without interfering with
construction schedules. In the event that required removal or relo cation Work has
not been accomplished prior to construction at the location, the obstructing facility
may be removed or relocated by the Contractor at the expen se of the utility
company.
Rev ised 1-11-18 46
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
(d) TREES AND SHRUBS. Existing trees and shrubs within the construction limits
shall be removed or hauled away . Trees and shrubs not directly interfering with
excavation shall be carefully preserved insofar as possible without resorting to hand
methods of excavation, and due care shall be taken to prevent unnecessary damage
to such vegetation or landscaping improvements.
(e) SODDED AND LANDSCAPED AREAS. Sodded and landscaped areas 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 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 the Contractor 's own
responsibility and expense, or by separate negotiation with the respective owner.
12. SALVAGED MATERIALS .
All salvaged materials not the property of other parties or required for new construction
shall remain the property of the City. The Contractor shall handle , transport, and store such
salvaged materials at designated points or locations at no additional cost to the City. The
Contractor shall be responsible for the care and protection of such materials until delivered to the
designated location; and the Contractor shall make good any losses occasioned by damage, theft,
or misappropriation while the materials are on the work site or in route to the place of storage .
13. MATERIALS FURNISHED BY CITY .
All materials , supplies, or equipment furnished by the City for incorporation in the Work
shall be handled and transported by the Contractor at the Contractor 's expense from cars,
warehouses, or yards where received or stored by the City . 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 City, and shall make good all losses and
breakage due to carelessness or negligence while same are in the Contractor 's possession.
14 . BARRIERS AND LIGHTS.
As required to prevent accidents to the general public and to workers , the Contractor shall
provide all materials and labor to erect and maintain fences , barriers , barricades , and warning
signs; provide and maintain flares, lanterns , and lights.
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15 . RESPONSIBILITY FOR PROPERTY DAMAGE.
The Contractor shall make payment for all damage to buildings, structures , trees ,
shrubbery, or other property located outside the construction limits , or located within those limits
but not designated for removal or reconstruction, providing such damage shall result from the
wrongful acts , errors, mistakes, omissions , or defective Work or services of the Contractor, its
employees , agents , or any tier of subcontractors in the performance of the Work.
16. PUBLIC CONVENIENCE.
During the progress of the Work, the convenience of the local public and ofresidents 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.
17 . 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 u sed 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
th e 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 v endor, 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 qual ity, design , and
efficiency, and suitable for the services intended will be considered.
18. WORKMANSHIP.
All improvements shall be constructed in a neat and workmanlike manne r. 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
City may require the condemned portions to be replaced , restored , repaired , or reco nstructed at the
ex pense of the Contractor or the Contractor's surety.
19. PRESERVATION OF MONUMENTS AND MARKERS.
The Contractor shall protect from disturbance all permanent monuments , benchmarks , and
markers of the local , state, or federal government, and shall not excavate within five (5) feet of
an y of them without specific permission of the Engineer or Inspector.
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20. TEST SAMPLES AND SPECilv1ENS.
Properly identified test samples and specimens shall be submitted by the Contractor in
ample time to permit tests to be conducted , and results determined , well in advance of the time
such materials are to be incorporated in the Work. Samples and specimens shall be submitted in
standard or ample sizes and quantities for the determination of all specified tests , and shall be
shipped charges prepaid to an approved testing laboratory. Commercial laboratories shall be
instructed to distribute copies of test results to the Contractor, City, Inspector, and 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.
21. 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 City. Nor shall the fact the E ngineer 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.
22 . 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 the Contractor from responsibility for errors of any sort in shop
drawings or schedules.
23. 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
workers , order materials, arrange for construction equipment, and otherwise represent or act on
behalf of the Contractor; any direction given to the superintendent by the Engineer or Inspector
shall be as binding as if given to the Contractor.
24. 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
City, and with other contractors or constructors concerned in the Work. The Contractor shall plan
and schedule the Work to the mutual benefit of all interested parties and shall perform the Work
in accordance with the agreed schedule . In case of controversy, the Engineer will allocate the
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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 City.
25 . INCIDENTAL WORK.
All Work to be done by the Contractor as shown on the Drawings and described in the
Specifications , including any and all minor details not specifically shown or described but
obviously essential to the proper completion of the Work, shall be considered as subsidiary to, and
included with, the Work for which prices are named in the Contract Documents. The Contractor
shall not be entitled to any extra or additional compensation for such incidental Work unless
otherwise specified.
26 . 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.
27. 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. Before commencing Work, the Contractor shall be
responsible for ensuring 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 the Contract
Prices shall furnish and pay for all labor, equipment, accessories, and materials not salvaged or
otherwise furnished as specified, and shall perform all operations necessary to construct and
complete the improvements, ready for use, including all preparatory, temporary, and incidental
Work. The Contractor shall be responsible for the protection of all Work under the Contract; any
Work or materials damaged or impaired from any cause prior to final acceptance of the completed
whole shall be restored or reconstructed by the Contractor at the Contractor's sole expense. All
losses or damages arising from the nature of the Work to be done, from the action of the elements,
or from unforeseen circumstances or difficulties, shall be sustained by the Contractor; such losses
or damages shall not relieve the Contractor of responsibility to fulfill the Contract and to deliver a
completed Work in accordance with the Contract Documents.
The Contractor shall provide the 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. The Contractor
shall furnish all required information relating to the Work or materials, including copies of
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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 workers to set them under the direction of the Inspector. The Contractor shall notify
the Inspector at least 48 hour s 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 an y
authorized representative of the Eng ineer, may be ordered removed and replaced at the expense of
the Contractor.
28 . SANITARY CONVENIENCE S.
The Contractor shall provide all necessary privy accommodations for the use of the
Contractor 's employees and shall maintain the same in a clean and sanitary condition. The
Contractor shall not create or permit any nuisance to the public or to residents in the vicinity of the
Work.
29. APPROVAL OF SUBCONTRACTORS.
The Contractor shall file with the City and the E ngineer the names of all subcontractors to
whom the Contractor expects to sublet any portion of the Work, and shall not change
subcontractors without written approval of the City and the Engineer. The approval of
subcontracts shall not relieve the Contractor of any liabilities under the Contract. Should any
subcontractor fail to satisfactorily perform its portion of the Work, the City may annul and
terminate the contract of such subcontractor.
30. RESPONSIBILITY OF THE ENGINEER.
The findings and determinations 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.
31. 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 .
32. INSPECTION .
The Inspector shall inspect all materials to be incorporated , construction equipment to be
used , and all Work to be performed under the Contract. Such inspection shall extend to any and
all parts of the Work and to the preparation or production of all materials to be incorporated. All
sampling of Work shall be done by , or in the presence of, the Engineer or his representative s . The
Inspector will conduct field tests on Work and materials whose physical characteristics and general
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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 , and will prepare such progress reports as required during construction and at monthly
intervals will prepare, and submit to the City, periodic payment estimates based on the amount and
value of all Work performed to date by the Contractor.
33. 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.
34. CONTROL AND REGULATION OF WORK.
The Engineer or Inspector shall have the authority to exercise their 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.
35. USE OF COMPLETED PORTIONS.
The City shall have the right to take possession of and use any completed portion or usable
unit of the Work at any time , but such possession and use shall not be deemed an acceptance of
any Work not constructed or completed in accordance with the Contract Documents. If such prior
use delays the completion or increases the cost of the Work, the Contractor shall be entitled to such
extension of time or extra compensation, or both, as the Engineer may determine. The City, 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.
36. VARIATIONS, CHANGES AND MODIFICATIONS.
The Work contemplated in the Contract Documents may be subject to such changes as
normally occur during construction. The Engineer, as authorized by the City, may order minor
variations in the Work, provided such variations are consistent with the intent of the Drawings and
Specifications , and improve or expedite the Work.
The 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 .
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The City reserves the right to make such changes in the Drawings , the Specifications , and
other changes in the Contract quantities as may be considered necessary or desirable; provided
such changes , alterations , and modifications are affected legally and in accordance with the
following procedures. No Work may be performed under any Change Order until all documents
have been approved by the 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.
37. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT.
If, through no fault of the Contractor, the Work be stopped for a period of three months or
more under order from any court or other public authority; or if the Engineer fails to issue any
estimate for payment within fourteen (14) days after the due date; or if the City fails to pay to the
Contractor within ten (10) days after due presentation any sum certified by the Engineer or
awarded by arbitrators; the Contractor may, upon the seventh day after written notice to the City
and to the Engineer, stop Work or terminate the Contract and recover from the City full payment
for all Work properly executed, together with invoice cost of unincorporated materials purchased
by the Contractor or on irrevocable order plus the actual cost of handling and storing said materials ,
provided said handling and storing cost does not exceed five percent (5%) of the invoice cost.
38. CITY'S RIGHT TO SUSPEND WORK.
The City may suspend Work on any or all parts of the Work pending settlement of disputes
on any point of controversy. The Contractor will not be entitled to any claim for loss or damage
by reason of such delay; nor shall the Contractor be entitled to any extension of time for completion
of the Contract, except at the City 's option.
39. CITY'S RIGHT TO TERMINATE CONTRACT.
(a) The occurrence of any one or more of the following events will justify termination
for cause :
L The Contractor 's persistent failure to perform the Work in accordance with
the Contract Documents (including, but not limited to, failure to supply
sufficient skilled workers or suitable materials or equipment);
IL The Contractors persistent disregard of laws, ordinances, or regulations , or
the directions of the Engineer; or
Ill. The Contractor 's violation in any substantial way of any provisions of the
Contract Documents.
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(b) If one or more of the events identified in Section 39(a) above occur, th e City may,
after giving the Contractor and its surety ten (10) days written noti ce of its intent to
terminate the services of the Contractor, terminate the Contract or the Contractor 's
right to complete the Contract, and:
1. Exclude the Contractor from the Site, and take possession of th e Work and
of all the Contractor's tools , appliances , construction equipment, and
machinery at the Site , and use the same to the full extent th ey could be used
by the Contractor (without liability to the Contractor for trespass or
conversion);
11. Incorporate in the Work all materials and equipment stored at th e Site or for
which the City has paid the Contractor but which are stored elsewhere; and
111. Complete the Work as the City may deem expedient.
( c) If the City proceeds as provided in subsection (b) above , the Contractor shall not
be entitled to receive any further payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims, costs, loss e s, and damages
(including but not limited to all fees and charges of engineers, arch itects , attorneys ,
and other professionals and all court costs) sustained by the City a rising out of or
relating to completing the Work, such excess will be paid to the Contract or. If such
claims , costs , losses , and damages exceed such unpaid balance, the C ontractor shall
pay the difference to the City. When exercising any rights or rem edie s under this
section , the City shall not be required to obtain the lowest price for the Work
performed.
(d) Notwithstanding the foregoing, the Contractor's services will not be terminated if
the Contractor begins within ten (10) days of receipt of notice of in t ent to terminate
to correct its failure to perform and proceeds diligently to cure such failure within
no more than thirty (30) days of receipt of said notice.
(e) If the Contractor's services have been terminated by the City, the term ination will
not affect any rights or remedies of the City against the Contractor then existing or
which may thereafter accrue. Any retention or payment of money s due the
Contractor by the City will not release the Contractor from liability.
40 . PAYMENTS TO CONTRACTOR.
Five days prior to the City's first regularly scheduled meeting of each month a periodic
estimate , based on Work completed or on receipted invoices for approved material s 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 th e Contractor, and submitted to the Engineer for approval prior to preparatio n 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
Revi s ed 1-11-18 54
CITY OF SALINA, KANSAS
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of which shall be the total amount of the Contract. In making partial payments , ten percent (10 %)
will be retained from each payment. Upon the Engineer 's certification of the Project's final
completion and readiness for final payment pursuant to Section 45(b) below , the Owner shall make
payment of retainage. 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 sh al 1 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 twenty-four (24) hours to permit an accurate check thereof. The City 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 fifteen
percent (15%) 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. EXTENSION OF CONTRACT TIMES.
(a) DELAYS CAUSED OTHER THAN BY WEATHER. If the Contractor is delayed at
any time in the commencement or progress of the Work by an act or neglect of the City,
or of a separate contractor employed by the City ; or by labor disputes , fire, unusual
delay in deliveries , unavoidable casualties or other causes beyond the Contractor 's
reasonable control that the Engineer determines may justify delay, excluding the
occurrence of unusually severe weather at the Site, then the Contract Time shall be
extended by Change Order for such reasonable time as the Engineer may determine , if
such adjustment is essential to the Contractor 's ability to complete the Work within the
Contract Times. Notwithstanding the foregoing , the Contractor acknowledges and
agrees that adjustments in the Contract Time will be permitted for a delay only to the
extent such delay: (1) is not cased , could not have been reasonably anticipated and
mitigated , by the Contractor; and (2) could not be limited or avoided by the
Contractor's timely notice to the Owner of the delay. If the delay is due to causes
beyond the reasonable control of the City, an extension of the Contract Times shall be
the Contractor's sole and exclusive remedy for the delay.
(b) DELAYS CAUSED BY WEATHER.
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1. The Contract Times may be extended by Change Order due to the occurrence of
unusually severe weather if the Engineer determines that the following conditions
have been satisfied:
1. The weather experienced at the project Site during the Contract period must
be found to be unusually severe, as evidenced by weather that is more severe
than the adverse weather anticipated at the Site during any given month;
and
2. The unusually severe weather must actually cause a delay to the completion
of the Work. The delay must be beyond the control and without the fault or
negligence of the Contractor.
11. The following schedule of monthly anticipated adverse weather delays is based on
National Oceanic and Atmospheric Administration (NOAA) or similar data for the
project Site and will constitute the baseline for the Engineer's monthly evaluations
of the Contractor's entitlement to an extension of the Contract Times under this
Section. The Contractor's progress schedule must reflect these anticipated adverse
weather delays in all weather dependent activities for the duration of the Work.
MONTHLY ANTICIPATED ADVERSE WEATHER DELAY
WORKDAYS BASED ON FIVE-DAY WORK WEEK*
Jan Feb Mar Apr May Jun Aug Oct Nov Dec
10 6 4 5 5 6 4 4 3 7
111. Upon acknowledgment of the Notice to Proceed and continuing throughout the
duration of the Contract, the Contractor shall record daily the occurrence of adverse
weather and resultant impact to normally scheduled work. Actual adverse weather
delay days must prevent work on critical path activities for fifty p ercent (50%) or
more of the Contractor 's scheduled work day. On or before the 10 th day of each
month , the Contractor shall provide the Engineer with written report of its proposed
dates of actual adverse weather delay days for prior month. The report shall: (1)
list the number of actual adverse weather delay days and include days impacted by
actual adverse weather (even if such adverse weather occurred in previous month);
(2) be calculated chronologically from the first to the last day of each month , and
be recorded as full days; and (3) include documentation and all details reasonably
available to demonstrate the nature and duration of the delays and their effect on
the critical path activities. If the number of actual adverse weather delay days
exceeds the number of days anticipated in subsection (b) above, the Engineer will
convert any qualifying delays to calendar days and the Contract Time shall be
extended by Change Order. After the original Contract Times have expired,
adverse weather that causes delay to the completion of the Work will be granted
day-for-day without deducting anticipated adverse weather delay days and will be
converted from work days to calendar days.
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1v. Monthly anticipated weather delay days shall be adjusted proportionally if Work is
scheduled to be performed greater than or less than five (5) days during any work
week. The following formula shall be used to adjust the monthly anticipated
weather delays : Adjusted monthly anticipated weather delays = A multiplied by (B
divided by C); where
A = The monthly anticipated adverse weather delay for a particular month
based on a five-day work week.
B =The actual average number of days work is scheduled to be performed in
a work week during that particular month.
C = The number five (5).
Example -If the monthly anticipated adverse weather delay for January based
on a five day work week is 10 days , but the Contractor actually scheduled an
average of a 6-day work week for that month, the monthly anticipated weather
delay would be adjusted by applying the above formula as follows: 10 x (6/5)
= 12 days .
Monthly anticipated weather delay days shall also be adjusted proportionally for
those situations involving a fractional part of a month. The fol lowing formula shall
be used to adjust the monthly anticipated weather delays: Adjusted monthly
anticipated weather delays = D multiplied by (E divided by F); where
D = The monthly anticipated adverse weather delay for a particular month.
E = The number of calendar days during that fractional part of a particular
month .
F = The number of calendar days in that particular month.
Example -The monthly anticipated adverse weather delay for the particular
month is 9 days. The original contract completion date is on the 20th day of
a 30-day month . The monthly anticipated adverse weather delay would be
adjusted by applying the above formula as follows: 9 x (20/30) = 6 days.
43. LIQUIDATED DAMAGES.
In the event the Contractor shall fail to complete any portion of the Work within the
applicable Contract Times, then the City shall be entitled to deduct liquidated damages , in the
amount set forth in the Contract, from any sum or sums due the Contractor in final settlement
between the parties. In addition , the Contractor shall be held liable for and shall pay the wages of
the Inspectors on the Work after said time limit has expired, which wages shall be deducted from
any amount found to be due the Contractor on such final settlement. Nothing herein contained
shall be deemed to be a waiver of the right of the City to insist upon the timely performance of the
Contract, or to prevent the City from looking to the sureties of the Contractor for any and all
damages caused by any such delay, or as a consent to or waiver of any abandonment of the said
Work by the Contractor, either before or after the date fixed by completion.
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44. ALTERNATES .
To receive consideration for any proposed alternate for material, equipment, or item
specified in the Contract Documents , the Contractor shall submit a full description of the proposed
alternate not later than ten (10) days prior to the date of receiving proposals by the City, for the
purpo se of evaluation and approval.
45. CE RTIFICATES OF COMPLETION.
(a) SUBSTANTIAL COMPLETION. When the Contractor considers the Work, or a
portion thereof which the City agrees to accept separately, substantiall y complete,
the Contractor shall notify the City and Engineer in writing that the Work or
designated portion thereof is substantially complete and request that the E ngineer
issue a certificate of Substantial Completion. If the Engineer cons iders the Work
or designated portion thereof substantially complete, the Engineer w ill execute and
deliver a certificate of Substantial Completion, which shall fi x the date of
Substantial Completion and shall be accompanied by an attached "punch list" of
items to be completed or corrected before the Work or designated portion thereof
is deemed completed and ready for final payment. The certificate of Substantial
Completion shall also provide for the division of responsibilities, pending final
payment to the Contractor, with respect to security, operation, safety, and protection
of the Work, maintenance, utilities , insurance , and warranties and guarantees .
(b) FINAL COMPLETION . After the issuance of a certificate of Substantial
Completion , and upon written notice from the Contractor that the entire Work is
completed and ready for final payment, the Engineer will promptly make a final
inspection. If the Contractor has , in the opinion of the Engineer, satisfactorily
completed the Work, including all punch list items , the Engineer w ill execute and
deliver a certificate of Final Completion, which shall fix the date of Final
Completion and readiness for final payment. The final completion date will also
serve as the commencement date for the two-year warranty period pursuant to
Section 46 below.
46. CONTRACTOR'S TWO-YEAR WARRANTY PERIOD.
If within two years after final acceptance (as indicated on the Certificate of Completion
prov ided pursuant to Section 45 above) of the Work as a whole , any Work is found to be defective ,
or if the repair of any damages to the land or areas made available for Contractor 's use is found to
be defective , the Contractor shall promptly, without cost to the City and in accordance with the
City 's written instructions:
(a) Correct such defective Work; or
(b) Repair such defective land or areas ; or
(c) If the defective Work has been rejected by the City, remove it fr o m the Site and
Revised 1-11-18 58
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
replace it with Work that is not defective ; and satisfactorily correct or repair, or
remove and replace , any damage to other Work, to the work of others , or other land
or areas resulting therefrom .
If the Contractor does not promptly comply with the terms of the City's written
instructions , or in an emergency where delay would cause serious risk of loss or damage, the City
may have the defective Work corrected or repaired or may have the rejected Work removed and
replaced . All claims , costs , losses , and damages (including but not limited to all fees and charges
of engineers, architects , attorneys, and other professionals and all court costs) arising out of or
relating to such correction or repair or such removal and replacement (including but not limited to
al I costs of repair or replacement of work of others) will be paid by the Contractor.
Where defective Work (and damage to other Work resulting therefrom) has been corrected
or removed and replaced under this section, the warranty period hereunder with respect to such
Work will be extended for an additional period of two years after such correction or removal and
replacement has been satisfactorily completed .
The Contractor 's obligations under this section are in addition to any other obligation or
warranty, and shall not be construed as a substitute for , or a waiver of, the provisions of any
applicable statute of limitations or repose.
47. MAINTENANCE OF PROJECT SITE.
The Contractor shall be responsible for keeping a neat and orderly job site . Locations for
storing equipment and materials shall be at the Inspector's discretion. Grasses and other cover
crops necessary for erosion control shall be kept under 12 " in height and trimmed away from
pavements, curbs , and sidewalks. The Contractor shall perform corrective maintenance promptly
upon notification from the Inspector.
Revised 1-11-18 59
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
Rev ised 1-11-18 60
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
SCHEDULE A
INSURANCE REQUIREMENTS
(Construction Services)
Pursuant to Section 6 of the Contract and Section 6 of the General Clauses, the Contractor
shall obtain, pay for, and maintain -and shall require each of its authorized subcontractors to obtain
and maintain -for the duration of the Agreement, policies of insurance meeting the following
requirements:
1. General Requirements.
A. Additional Insured. With the exception of any workers' compensation and
professional liability policies to be obtained by the Contractor hereunder, all policies shall name
the City of Salina ("City"), its agents, representatives, officers, officials, and employees as
additional insured(s). Insurance for the additional insured shall extend to Products/Co mpleted
Operations and be as broad as the insurance for the named insured, including defense expense
coverage, and, with respect to the commercial general liability policy required hereunder, shall be
endorsed to apply as primary and non-contributory insurance before any other insurance or self-
insurance, including any deductible, maintained by, or provided to, the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver
of subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
C. Claims Made Policies . If coverage is written on a claims-made basis for any of the
policies required by this Contract, the Contractor must maintain the coverage for a minimum of
two (2) years from the date of final completion of all work under the Contract.
D. Premium and Deductible Expenses. The Contractor shall be responsible for all
premiums and retention or deductible expense for any and all policies required by this Contract.
2. Specific Coverage Requirements.
A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL
coverage written on ISO Occurrence form CGOO 01 or an industry equivalent and shall cover
liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations,
Products and Completed Operations , Contractual Liability, Independent Contractors and
Advertising Injury. The policy limits shall not be less than the following:
• Each occurrence
• General aggregate
• Personal and Advertising Liability
$1,000,000
$2,000,000
$1,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately to
each project. The Contractor shall maintain the Products and Completed Operations liability
coverage for a period of at least two (2) years after completion of all work under the Contract.
Revised 1-11-18 61
CITY OF SALINA, KANSAS
GENERAL CLAUSES FOR CONSTRUCTION CONTRACTS
SCHEDULE A
INSURANCE REQUIREMENTS
(Construction Services)
B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL
coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable
to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired,
rented or used by the Contractor and include automobiles not owned by but used on behalf of the
Contractor. The BAL policy limits shall not be less than the following:
• Combined single limit $1,000,000
C. Workers' Compensation/Employer's Liability. The Contractor shall maintain
workers' compensation and employer's liability coverage with policy limits not less than the
following :
• Workers' Compensation (Coverage Part A)
o Statutory
• Employer 's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease -policy limit
o $100,000 disease -each employee
Revised 1-11-18 62
SECTION 1 -GENERAL
1. SCOPE
The work provided for in these Contract Documents shall consist of furnishing all labor,
materials , appliances, and equipment, and performing all work and operations in connection with
the construction of items and all other incidental and related work to complete the proposed
project ready for use and service .
2. LOCATION
All work will be done on property owned or controlled by the City of Salina, Kansas .
3. SALES TAX EXEMPTION
Bid items , materials , equipment and service incorporated into this project will be exempt
from the payment of sales tax under the laws of the State of Kansas , and such sales tax shall not
be included in the proposals of the bidders. The Owner, when requested , will provide the
Contractor with proper exemption documentation . Upon issuance of proper exemption
documentation to the Contractor, the Contractor shall assume full responsibility for his or her
own proper use of the number and shall pay all costs of any legally assessed penalties relating to
the Contractor 's improper use of the exemption documentation.
4. SPECIFICATIONS
The work shall conform to these Specifications and to the "Standard Specifications"
where reference is made herein. "Standard Specifications" mean the current edition of the
Kansas Department of Transportation 's Standard Specifications for State Road and Bridge
Construction and the Salina Code , with such revisions , amendments , and supplements as are
contained herein.
5. COORDINATION OF CONTRACT DOCUMENTS
The contract documents are intended to be complementary and to de scribe and provide
for a complete work. In case of discrepancy among contract documents , the governing ranking
will be :
{a) Job Special Provisions (Sections 1 -99)
(b) Plans
( c) Standard Drawings
( d) Standard Specifications (Section s 100+)
( e) Bid Items or Quantities
6. BONDS
Statutory and performance bonds are required for all contracts of $50 ,000 or more. Bid
bonds are required for all bids.
More information about statutory and performance bonds can be found in the General
Clauses . More information about bid bonds can be found in the Information for Bidders.
7. KANSAS ONE CALL
The City is NOT a member of Kansas One Call (811 , www.kansasonecall.com). Some
work on this project may be in the vicinity of City utility facilities, which includes but is not
Revised 2-2-2022 KRJ 63
SECTION 1 -GENERAL
limited to traffic signal cables , highway lighting circuits , cathodic protection cable s, etc. Prior to
beginning work, the contractor shall request locates from Kansas One Call.
Revi se d 2-2-2022 KRJ 64
SECTION 50 -JOB SPECIAL PROVISIONS
1. PROJECT CONTACT FOR CONTRACTOR/BIDDER QUESTIONS
All questions concerning this project during the bidding process shall be forwarded to the
project contact listed below.
Kent R. Johnson , P.E ., Project Contact
300 W Ash, P.O. Box 736
Salina, KS 67402-0736
(785)-309-5725
Kent.I ohnson @ Salina.org
2 . PROTECTION OF MANHOLE AND VAL VE BOX COVERS
Existing manhole and valve box covers shall be protected from or cleaned following the
application of the material.
3 . INSPECTION, SAMPLING & TESTING
The Contractor shall allow the Inspector access to sample all materials for quality assurance
purposes.
4 . SCHOOL AND INDUSTRY ACCOMMODATIONS
Construction, including striping, adjacent to elementary, middle/junior high , and senior
high schools shall be performed during the schools ' summer break (generally around June 1st to
August 10th) to minimize impacts to the schools.
Construction , including striping, adjacent to Kansas Wesleyan shall be performed during
its summer break (generally around May 15 th to August 1 s~ to minimize impacts to the school.
Construction , including striping, adjacent to Great Plains and Schwan 's shall be
coordinated with representatives from the business to determine an acceptable interruption to their
operations . Weekend work may be required as a result of this coordination.
5. SANITATION SCHEDULE
Streets shall not be closed to traffic on the street's regularly scheduled sanitation collection
day . A map showing the sanitation collection schedule is included at the end of this section.
The contractor is strongly encouraged to consider the sanitation schedule when developing
the construction schedule. Blemishes caused by inadequate curing prior to sanitation pickups shall
be corrected at no additional pay.
6. WORK HOURS
The City of Salina reserves the right to have an Inspector present for all work.
The City of Salina recognizes the following holidays: New Year's Day; Martin Luther
King, Jr. Day; Presidents Day; Memorial Day; Independence Day; Labor Day ; Veterans Day;
Thanksgiving Day; the day after Thanksgiving Day; Christmas Day; one additional day before or
after Christmas Day. When the holiday falls on a Saturday, the City of Salina observes the holiday
65
SECTION 50 -JOB SPECIAL PROVISIONS
the Friday before . When the holiday falls on a Sunday, the City of Salina observe s the holiday the
Monday after.
Work shall be performed from 7 a.m. to 6 p.m. Monday through Friday . Work outside
those hours may be allowed if a City of Salina inspector is available. If enough advanced notice
is provided and the Inspector consents , work will be allowed outside those hours at no cost to the
contractor. Otherwise , work may be allowed with a $37.50 /hour deduct to cove r the Inspector 's
overtime costs.
7. WORK HOUR RESTRICTIONS
There are three major summer holiday periods -Memorial Day, Independence Day and
Labor Day-and four major summer events -the Smoky Hill River Festival (Thursday -Sunday
of the second weekend in June), Skyfire (Independence Day), the KKOA Lead Sled Spectacular
(Thursday -Sunday of the last weekend in July), and the Saline County Fair (fi rst Tuesday in
Augu st -following Sunday). Primary elections, if held , are held on the first Tu esday of August
in even numbered years and general elections are held on the first Tuesday following the first
Monday in November each year. All lanes as determined by the Inspector shall be scheduled to
be open to traffic during these periods , from 5 p.m . on the last working day preceding the holiday
or event until 8 a.m. on the first working day subsequent to the holiday or event.
The contractor shall not perform any construction operation on the acti v e lanes during
restricted periods , holiday periods, special events or as otherwise specified in the contract
documents , without written approval from the Engineer.
The contractor shall not perform any work between the hours of Yi hour before sunset until
Yi hour after sunrise . No nighttime work will be allowed without submission of an adequate traffic
control plan to cover nighttime operations and prior approval by the engineer.
8. EDGE OF CURB
The joint between the toe of the curb and existing pavement shall be sealed when directed
by the Inspector.
9. ORDER OF WORK
Streets scheduled for OTHER City of Salina maintenance projects shall be cracksealed first
under this contract to allow maximum cure time prior to the other projects. These streets are
identified on the summary of quantities.
The above deadlines may be relaxed if the work schedules of the other projects allow.
10. RESIDENT ACCOMMODATIONS
"Residents" are hereby defined as the occupants of a residential property or the owner and
customers of a commercial property.
66
SECTION 50 -JOB SPECIAL PROVISIONS
Each residential street may be closed to traffic for one day between the hours of 8:00 a.m .
and 5 :00 p.m. Residents shall be allowed to park on the side streets nearest their homes , thus each
residential street and the nearest side streets may not be closed to traffic during the same day .
Residents shall be provided two nights ' notice of changes to traffic on the streets upon
which their property is addressed . When weather causes the cancellation of work, the work shall
be rescheduled to provide an additional two nights ' advance notice.
The contractor shall maintain access to all commercial businesses during business hours.
The contractor may be required to make allowances for businesses run from homes such as
daycares, beauty salons, etc.
Each Friday, the contractor shall provide a schedule to City of Salina staff indicating the
work that the contractor plans for the week following to assist City staff in preparing a news
release.
The contractor shall provide a door hanger template to the Inspector for review and
approval. Door hangers shall state that failure to move vehicles from street may result in vehicles
being towed at owners' expense and shall include contractor's name and telephone number for
resident/property owner questions. The contractor shall distribute door hangers to area
residents /property owners at least three business days in advance and one business day in advance
of work and shall make necessary accommodations to minimize the disruption to all residents
adjacent to the project work areas.
Contractor shall receive and return all calls within 24 hours from citizens who have
questions or concerns about the project.
If, following adequate notice by the contractor, vehicles remain on streets where work is
occurring, the vehicles shall be towed to the nearest adjacent street where work is not occurring at
the City's expense.
11. BLOWING OUT BRIDGE EXPANSION JOINTS AND DECK DRAINS
This work shall include utilizing blower used to clean cracks for joint sealing to clean
expansion joints and deck drains at bridges in Salina as described below.
67
SECTION 50 -JOB SPECIAL PROVISIONS
Bridge Location #Lanes Traffic Control? Expansion Devices Deck Drains
Broadway n/o Ash 4 Yes 2 18
Crawford s/o Bill Burke Park 4 Yes 12
Grand e/o Barney 2 No 4
Iron w/o Marymount 2 No 2
Mulberry e/o 2nd 2 No 4
Ninth Southbound s/ol-70 2 Yes 4
Ninth Northbound s/ol-70 2 Yes 4
Oakdale n/o Tony's Pizza Events Center 2 No 2
Ohio s/o Pacific 4 Yes 2
Walnut e/o Front 2 No 2
TOTAL 22 34
Expansion device work shall be completed in the spring following winter sand and salt
applications when temperatures are as cold as possible and the expansion devices are as open as
possible.
Expansion devices are typically filled with rubber or a latex membrane . Care shall be
exercised to remove road debris without damaging the existing rubber or latex membrane. Debris
shall be removed such that it will not return to the joint or deck drain from which it came or another
joint or deck drain on the same bridge. Blowing debris to the edge of the bridge and shoveling it
over the side of the bridge such that it does not endanger people or animals is acceptable. Blowing
debris downstream of all devices such that it cannot return either via stormwater or traffic
momentum to the cleaned devices is also acceptable. Where in doubt, debris shall be removed or
deposited downstream to the satisfaction of the inspector.
Deck drains are generally filled with dirt and trash. Debris shall be either flushed from the
drain and removed from the deck in like manner as described for expansion devices or forced
through the deck drain to the channel below. Work may be assisted by poking a piece ofrebar or
like device through the grate. Work included in this pay item shall be limited to these two items
-blowing and poking. Where this is insufficient, contractor shall notify inspector immediately to
discuss possible additional measures at additional pay to clean deck drains before removing any
traffic control. Contractor should notify inspector prior to the work starting to ensure the inspector
is available.
Need for traffic control is recommended in the table primarily based on observed levels of
traffic. Traffic control is anticipated to consist of lane closures or one or more trailing trucks with
mounted flashing arrow panels and is recommended during the lower traffic periods of 8 a.m. to
noon and 1 p.m. to 5 p.m. Contractor shall exercise caution in avoiding pelting vehicles with
debris. Roads not recommended for traffic control have traffic levels such that work can proceed
with little traffic control and interruption to the operation.
68
SECTION 50 -JOB SPECIAL PROVISIONS
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SECTION 120 -TRAFFIC CONTROL
1. GENERAL
Work under this section shall meet the requirements of the latest version of Section 805
of the Kansas Department of Transportation Standard Specifications or as herein.
2. TRAFFIC CONTROL PLAN
A traffic control plan of streets being affected by this work must be submitted to the City
Engineer to help coordinated in the least practicable delay and inconvenience to traffic. Unless
otherwise directed, all roads shall have one lane of traffic open in each direction at all times.
A flyer or handout must be given to any property being affected by any work (24) hours
prior to construction.
3. HANDLING OF TRAFFIC
If traffic signals need to be temporarily changed for the project, the Contractor needs to
contact the City of Salina (24) hours prior to construction and notify them when completed. The
Engineer may shut down all or part of the work to handle traffic safely during periods of inclement
weather or heavy traffic. The Contractor is not entitled to additional monetary compensation for
these temporary suspensions.
4. TRAFFIC CONTROL DEVICES
The Contractor's subletting of traffic control devices does not reduce the Contractor's
responsibility or liability to the public and workers for failing to provide, erect or maintain these
devices . A subcontractor's delay in providing acceptable traffic control devices or a
subcontractor's delay in repairing or replacing unacceptable devices does not excuse the
Contactor's obligation to perform this work timely.
Sufficient flagmen, warning signs and barricades shall be provided by the Contractor to
properly control traffic and to prevent traffic from traveling in the fresh materials. Barricades and
barricading, signs and other warning devices will be in accordance with the Federal Highway
Administration "Manual on Uniform Traffic Control Devices" provisions for "Traffic Controls
for Street and Highway Construction and Maintenance Operations." Inspect traffic control
devices frequently during the day, and when needed, at night. Immediately upon discovering or
receiving notification of unacceptable traffic control devices, either repair or remove and replace
the unacceptable devices. The Engineer holds the right to change or remove traffic control
devices as needed to suit the needs of the project.
6. MEASUREMENT AND PAYMENT
Payment for this work will be considered subsidiary to the project or stated in the contract
documents at the contract lump sum price for "Traffic Control."
Revised 10-20-2022 KRJ 71
SECTION 120 -TRAFFIC CONTROL
Revised 10-20-2022 KRJ 72
SECTION 211 -JOINT/CRACK SEALING
1. SCOPE
The work shall consist of furnishing all labor, equipment and materials to apply joint/crack
sealant in accordance with the latest version of Section 835 of the Kansas Department of
Transportation (KDOT) Standard Specifications and as amended herein.
2 . DESCRIPTION
This work shall consist of the application of a hot-pumped joint/crack sealant to include
the cleaning, drying and sealing of joints and cracks(including transverse edge joints) 114 inch in
width or greater in asphalt pavements or as directed by the Engineer.
3. MATERIALS
The joint/crack sealant shall consist of a single component, hot applied , petroleum based
product such as:
• RoadSaver 34518 , manufactured by CRAFCO, Inc. of Halls, TN;
• Deery 180 , manufactured by Deery American, Grand Junction, CO;
• D-5078 Class B, manufactured by Right Pointe Company, DeKalb, IL;
• Dura-Fill 320 , manufactured by P&T Products, Inc., Sandusky, OH ;
• Elastoflex 650 , manufactured by Maxwell Products, Inc., Salt Lake City, UT;
• or an approved equal.
The material is to be heated and applied as recommended by the manufacturer. Provide
documentation to the Inspector including Product Data Sheet, Material Data Safety Sheet and
manufacturer 's recommended installation instructions.
4. MANUFACTURER'S REPRESENTATIVE
Notify the sealant manufacturer 's technical representative of the starting date of the initial
installation. In the presence of the Inspector and manufacturer's technical representative ,
demonstrate competence in applying sealants. This requirement will be waived for experienced
Contractor 's crews. Submit waiver request, along with a list of joint sealant crews successfully
completed joint and crack sealing projects , to the Engineer for consideration.
5. PREPARATION OF SURFACE
All joints and cracks to be sealed shall be heat lanced to remove all foreign materials and
moisture which would prevent bonding between the sealant and the faces of the joints and cracks .
Contaminants on the surface adjacent to the joints and cracks shall also be removed. Do not burn
the pavement (indicated by smoke) with the heat lance. Heat lancing may be deemed unnecessary
by the Inspector if pavement is sufficiently dry.
Loose pavement material shall be removed prior to sealant installation. The joints and
cracks shall be inspected and approved by the Inspector prior to placing the crack sealant material.
Final joint and crack cleaning will be the same day of the sealing operation ex cept as otherwise
approved by the Inspector. Foreign materials shall be removed to a depth of two times the width
of the joint or crack to be sealed or as directed by the inspector.
Contractor shall control dust from the cleaning operation. Measures shall be taken to
prevent damage to adjacent property from the cleaning operation. Debris that results from the
Revi sed 2-28-2022 KRJ 73
SECTION 211 -JOINT/CRACK SEALING
cleaning operation shall be removed from the streets and adjacent properties.
6 . EQUIPMENT
All equipment, tools, and machines used in the performance of this work shall be
maintained in satisfactory working order at all times.
The heat lance shall conform to requirements recommended by the manufacturer of the
sealant product being installed . It shall be equipped for safe operation to protect its operators and
other workers from injury. It shall also be equipped to gauge its distance from the pavement surface
to allow for proper heating and to prevent overheating of pavement surface. The Contractor shall
provide the Inspector with a copy of the sealant manufacturer 's recommended specifications and
operating procedures for the heat lance that will be used.
The joint sealing machine shall be capable of production of crack filling mixes. The
machine shall be capable of applying the product at a high pressure (100 psi) through one or more
applicator wands. The asphalt material is to be heated indirectly by a heating oil chamber.
Automatic temperature controls and an automatic safety shut-off system shall be used . The
equipment must be capable of circulating the heating oil. The unit shall be equipped with all lights
necessary for safe and legal operation on public roads.
Dial-type temperature gauges shall be mounted so as to allow monitoring of the
temperature of the product in the tank and the heating oil. The tank shall be insulated. The mixing
shall be accomplished by a paddle-type agitator. Direction of rotation and speed of the auger or
paddles are to be controlled hydraulically.
7. MAINTENANCE OF TRAFFIC/PUBLIC SAFETY
Prior to the start of work, the contractor shall submit a traffic control plan to be approved
by the Engineer.
Closing of streets for this work shall be at the discretion of the Engineer and coordinated
to result in the least practicable delay and inconvenience to traffic.
Unless otherwise directed, all roads shall have one lane of traffic open in each direction at
all times. The lanes being sealed shall be closed and guarded until cured . In the case of a full street
closure, the contractor must door hang and/or notify residents or businesses that are
inconvenienced by the construction.
Sufficient flagmen , warning signs, flashing arrow panels (truck mounted or stand-alone),
and barricades shall be provided by the Contractor to properly control traffic and to prevent traffic
from traveling in the freshly applied materials. The Contractor shall repair any damage to the
uncured sealant/membrane surface at no additional cost to the City.
All vehicles shall be equipped with properly functioning flashing lights to indicate
construction in progress. If the distance between the beginning of the operation and the uncured
sealant exceeds 200 feet, then additional flagmen shall be required. Any worker within the work
zone shall be required to wear a minimum class II garment conforming to Occupational Safety and
Revised 2-28-2022 KRJ 74
SECTION 211 -JOINT/CRACK SEALING
Health Administration requirements.
Barricades and barricading, flashing arrow panels , signs and other warning devices will be
in accordance with the Federal Highway Administration "Manual on Uniform Traffic Control
Devices" provisions for "Traffic Controls for Street and Highway Construction and Maintenance
Operations." Flashing arrow panels shall be required for all operations.
8. MIXING AND APPL YING MATERIAL
The material shall be heated, agitated and installed according to the manufacturers
recommended heating times, temperatures and procedures. If the temperature of the material is
allowed to exceed the temperatures and heating times recommended by the manufacturer, then that
material is unacceptable and must not be incorporated into the project.
The sealant/membrane shall be placed on all roadway cracks 0.25" to 1.5" wide. Cracks
shall be completely filled to full depth with the finished sealant surface level (flush) with the
pavement surface. The sealant/membrane shall be installed in a one-step extrusion process with
the overlay membrane 2" to 3" wide and shall be centered over the joint or crack utilizing an
applicator designed for such results.
Before the street is opened to traffic, a straight edge will be laid across the sealed cracks to
determine that the finished sealant surface is level in relation to the pavement surface within a 1/16
inch tolerance. Crack sealant that is found to outside the acceptable tolerance shall be removed
and the crack shall be re-sealed properly before the contractor is allowed to continue sealing more
streets.
Traffic shall not be allowed under normal conditions on the sealant until it has cured and
the possibility of tracking does not exist. If traffic is allowed on the pavement prior to proper
curing, contactor shall dust with fine aggregate or spray with a liquid soap/water mixture to prevent
pick up of the sealant. The Engineer will determine, in conjunction with the Contractor, when this
condition exists .
Contractor shall clean up all excess material from the pavement and other adjacent
surfaces.
9. SURFACE RESTORATION
Pavements that receive a substantial amount of crack seal material may lose their skid
resistance. The contractor shall lightly sand cracks less than two feet apart to increase skid
resistance.
The sand shall be type FA-A from a KDOT pre-qualified non-reactive siliceous source per
the latest version of Section 1116 of the KDOT Standard Specifications or other pavement suitable
fine aggregate as approved by the Inspector.
The sand shall be applied to the crack seal material while the material is hot directly
following application of the material to achieve embedment of the sand in the material. Sand
coverage shall be approximately 10% of the material surface or as directed by the Inspector.
Revised 2-28-2022 KRJ 75
SECTION 211 -JOINT/CRACK SEALING
Provided sand coverage is generally as directed, no clean up of excess material will be required.
The need for clean up of excess material will be determined by the Inspector prior to opening the
road to traffic.
Crack seal material shall not bleed into adjacent cracks, causing large patches of pavement
covered by crack seal material. Contractor shall consult with the inspector and engineer prior to
placing crack seal in areas where this could occur. Corrections required for failing to comply with
this provision shall be at the contractor's expense.
10 . STREET SWEEPING
Following curing of the crack seal material, each concrete street shall be swept with a rotary
power broom or vacuum sweeper free of debris , which shall be removed and disposed of legally.
Street shall generally be left with the same or less debris as before the crack seal operation.
11. QUALITY CONTROL
The Contractor shall bear the responsibility for product quality and installation quality .
Operations and procedures , which are considered by the manufacturer 's technical representative
as being detrimental to the effectiveness of the sealant, will not be permitted .
12 . WEATHER LIMITATIONS
No material shall be applied unless the atmospheric temperature is 40° For 32° F and rising
along with pavement being warmed to 40 °F (4 °C) or higher with a Hot Air Lan c e. No material
shall be applied while the surface is wet or when the impending weather conditions are such that
proper curing may not be obtained.
13. MEASUREMENT AND PAYMENT
Payment shall be made on the amount of completed and accepted work measured in-place
at the contract unit price bid per pound for "Crack & Joint Sealing" and per square yard for "Street
Sweeping." Measurements for payment of crack and joint sealing shall be based upon total weight
of material applied and not upon the area or length of individual joints/cracks actually sealed .
.......
Revi sed 2-28-2022 KRJ 76
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Crack Seal (lb) Street
AREA Sweeping
Deadline Route Route Back Route Ahead Length Width (SY) Arterial Collector Local (SY)
CRAWFORD ST 2 ND ST OHIO ST 2960 so 16,444 7,400
DIAMOND DR -W 9TH ST PAVEMENT CHANGE 350 28 1,089 490 1,089
5/1/23 (UBAS) MARYMOUNT RD CLAREMONT DR 1122 21 2,618 1,178
GLEN AVE CLAREMONT DR UPPER MILLHEIG 502 28 1,562 703
UPPER MILLHEIG UPPER MILLHEIG 837 28 2,604 1,172
4 TH ST
FOREST AVE END 102 33 374 168
NORTH ST NORTH END 634 20 1,409 634
LINCOLN AVE GRAND AVE 569 24 1,517 683
5 TH ST NORTH ST NORTH END 325 33 1,192 536
5/1/23 NORTH END STIMMEL RD 1099 33 4,030 1,814
(DBL CHIP) FRONT ST NORTH END PACIFIC AVE 2651 22 6,480 2,916
GRAND AVE WEST END SERVICE RD 2808 26 8,112 3,650
LINCOLN AVE SANTA FE AVE 5 TH ST 382 24 1,019 459
PINE ST
9TH ST SANTA FE AVE 968 2S 2,710 1,220
SANTA FE AVE 5 TH ST 338 33 1,239 SS8
GLEN AVE PVMT CHG SEITZ DR 30 28 93 42
NEAL AVE ALLEN ST HIGHLAND AVE 715 28 2,224 1,001
N KENWOOD PARK PRESCOTT RD OAKDALE DR/BRIDGE 2371 31 8,156 3,670
SEITZ DR
EDGEHILL RD MELROSE LN 351 28 1,092 491
MELROSE LN 70' N./PVMT CHG 70 28 218 98
SOUTH ST RXR SANTA FE AVE 3551 28 11,048 4,972
3 RD ST
ELM ST PVMT CHG 480 28 1,493 672
PVMT CHG NORTH END 80 28 249 112
4 TH ST CENTER ST CRAWFORD ST 1653 33 6,061 2,727
*5 TH ST
*CRAWFORD ST ELM ST 6622 33 24,281 10,926
5/1/23 (MICRO)
PARKING LOT 5-3@ 126 S. STH 2,580 1,161
FAIRDALE RD CRAWFORD ST VILLAGE LN 833 28 2,592 1,166
GREYSTONE DR
SOUTH END GLEN AVE 1037 24 2,765 1,244
GLEN AVE NORTH END 597 24 1,592 716
HIGHLAND AVE CRAWFORD ST PRESCOTT AVE 1142 33 4,187 1,884
JOHNSTOWN AVE OAKDALE AVE OAKDALE AVE 30 35 117 53
MULBERRY ST 9TH ST SANTA FE AVE 929 48 4 ,955 2,230
OAKDALE AVE IRON AVE ASH ST 856 36 3,424 1,S41
PRESCOTT RD FRONT ST OHIO ST 3019 33 11,070 4,982
REYNOLDS ST BROADWAY BD LINCOLN AVE 155 33 568 256
SANTA FE AVE SF-1 PARKING LOT 2,533 1,140
WALNUT ST RXR 9 TH ST 2566 38 10,881 4,896
•Coo rdinate with Businesses (Substantial Employee Street Parking) Subtotal 69,560 1,089
CITY OF SALINA, 300 W. ASH , SALINA, KANSAS
PUBLIC WORKS-ENGINEERING -UTILITIES
SUMMARY OF QUANTITIES
PROJ NO I DATE I SHEET
23005 DEC 22 D-3
Crack Seal (lb} Street
AREA Sweeping
Deadline Route Route Back Route Ahead Length Width (SY} Arterial Collector Local (SY}
9TH ST KIRWIN AVE BROADWAY BD 2793 34 9,776 4,399
OHIO ST MAGNOLIA RD BELMONT BD 2520 56 15,680 7,056
5/1/23 (UBAS)
*CLAFLIN AVE 9 TH ST SANTA FE AVE 978 45 4,948 2,227
FUNSTON PERSHING 585 33 2,145 965
REPUBLIC AVE PERS HI NG 9TH ST 1,177 32 4,185 1,883
RXR FUNSTON 760 35 2,956 1,330
5/1/23 DBL CHIP 3 RD ST WILSON ST ANDERSON ST 269 28 837 377
REPUBLIC AVE
CHEROKEE DR OSAGE DR 1,490 41 6,788 3,055
BROADWAY BD RXR 975 41 4,442 1,999
ACORN CR CLOUD CR DOVER CR 725 28 2,256 1,015
BACHTOLD AVE CHEROKEE DR OAK ST 1100 28 3,422 1,540
BEACH ST
CLOUD ST BACHTOLD AVE 1,224 28 3,808 1,714
WINONA ST CLOUD ST 269 28 837 377
PAVEMENT CHANGE POST OAK LN 138 28 429 193
POST OAK LN EDWARD ST 987 28 3,071 1,382
BRET AVE EDWARD ST COLONIALLN 551 28 1,714 771
PATIY DR NEAL AVE 682 28 2,122 955
PATIYDR PAVEMENT CHANGE 351 28 1,092 491
CARLTON PL ROBERTS AVE PAGE AVE 732 28 2,277 1,025
CLOUD CR CLOUD ST DOVER CR 1498 28 4,660 2,097
DOVER CR
TEAKWOOD ST CLOUD ST 623 28 1,938 872
5/1/23 (M I CRO)
CLOUD ST OSAGE AVE 1391 28 4,328 1,948
FAIRDALE RD BEGIN CRAWFORD ST 2228 28 6,932 3,119
GOLF VIEW CT FAIRDALE RD END 243 31 837 377
HICKORY CLOUD ST BACHTOLD AVE 1217 28 3,786 1,704
HIGHLAND AVE
SOUTH END NEAL AVE 932 28 2,900 1,305
NEAL AVE PAVEMENT CHANGE 571 28 1,776 799
INGMAN RD TALLEY DR PAGE AVE 1046 28 3,254 1,464
Ml NNEAPOLIS AVE QUINCY ST BARRIER 367 28 1,142 514
OAK CR BEACH ST DOVER CR 1040 28 3,236 1,456
OAK ST OAK CR PAWNEE AVE 752 28 2,340 1,053
PAGE AVE TALLEY DR ROBERTS AVE 1356 28 4,219 1,899
ROBERTS AVE TALLEY DR CLOUD ST 1617 28 5,031 2,264
SMITH AVE HASKETI AVE BROADWAY BD 1148 28 3,572 1,607
SYCAMORE AVE CLOUD ST BACHTOLD AVE 1211 28 3,768 1,696
TEAKWOOD ST WESTWOOD RD DOVER DR 958 28 2,980 1,341
WINONA ST WESTWOOD RD DOVER DR 1046 28 3,254 1,464
*To be completed after college finals May15-31 Subtotal 59,733 0
CITY OF SA LI NA, 300 W. AS H, SA LIN A, KANSAS
PUBLI C WORKS -EN G INEERING -UT ILITIES
SUMMARY OF QUANTITIES
PROJNO I DATE I SHEET
23005 DEC 22 D-4
Crack Seal (lb} Street
AREA Sweeping
Deadline Route Route Back Route Ah ead Length Width (SY} Arterial Collect o r Local (SY}
COLL EGE AVE 9 TH ST 2,140 38 9,082 4,087
I RON AV E 4 TH ST FRONT ST 1,106 68 8,3 56 3,760
9 TH ST 4 TH ST 1,5 16 68 1 1,454 5,154
BEVERLY DR ROCKET AVE STEA H LI NAVE 948 28 2,949 1,327
M AR YMOUNT RD CED A R RIDG E RD CRAWFORD ST 4 269 28 13,281 5,9 76
NOR TH ST CITY LIMIT OHIO ST 3,876 33 14,212 6,3 95
1 2 TH ST
PACIFI C AV E B ROA DWAY B D 866 33 3,175 1,429
PRESCOTT AVE CRAWFORD ST 1,112 33 4,077 1,835
2 N D ST KE NWOOD PARK DR PRE SCOTT AV E 135 28 420 189
5 TH ST PACIFIC AVE GRAND AVE 1364 33 5,001 2,250
A RGONN E D R BEGIN SKY LI NE D R 948 28 2,94 9 1,327
CHARLES ST PHILLIPS AVE 11 TH ST 955 28 2,971 1,337
DEBORAH DR EASTMOO R DR PAVEM EN T CH AN GE 850 28 2,644 1,190
DES MOINES AVE RIVERSIDE BD ELM ST 371 28 1,154 519
ELM ORE DR CRAWFO RD ST PRES COTT RD 3 15 28 980 441
FRON T ST
AS H ST ELM ST 846 22 2,068 931
I RO N AV E ASH ST 820 38 3,462 1,558
FRONTAGE RD 9TH ST GOLD RD 1486 24 3,963 1,783
12/1/23 (CRACK) GU ER NSE Y D R PRESCOTT RD
FRONT ST 469 28 1,4 59 657
PRESCO TT RD 650 28 2,022 910
HAR SH AVE
9 TH ST BEGI N 2,214 28 6,888 3,100
11 T H ST 12 TH ST 331 28 1,030 464
HILLCR EST LN BEGI N CHANNEL RD 801 33 2,937 1,322
HILLSIDE DR FAIRDALE RD
FAIRDALE RD 1982 28 6,166 2,775
PAVEMENT CHANGE 594 28 1,848 832
LINCOLN AVE BARNEY ST SAN TA FE AVE 2895 35 11,258 5,066
MORRISON AVE l OTH ST 9 TH ST 577 28 1,7 95 808
OAKDAL E AVE RIVERS I DE BD ELM ST 581 28 1,808 814
OT I S AV E
3 RD ST 4 TH ST 335 28 1,042 469
SANTA FE AVE 9 TH ST 954 48 5,088 2,290
PA RK ST RXR 9 TH ST 2474 38 10,446 4,70 1
*PRAIRIE LN
PAVEMENT CHANGE QUAIL HOLLOW DR 610 28 1,898 854 1,898
QU A IL HOLLOW DR NOR T H END 164 28 510 230 5 10
*QUAI L HOLLOW DR PAVEMEN T CHANGE PRAIRIE LN 788 28 2,452 1,103 2,452
PRE SLEY DR DEBORAH DR ARGONNE D R 1086 28 3,379 1,521
PROSPECT AVE OH I O CT PAV EMENT CHANGE 477 28 1,484 668
RESO RT D R BE GI N EASTMOOR D R 413 41 1,881 846
ROAC H ST CRAWFORD ST PRESCOTT RD 315 28 980 441
* CONCRETE SEGMENTS ON LY Subtota I 71,356 4,860
C IT Y OF SALINA , 300 W. AS H, SA LIN A, KA NSAS
PUBLI C W ORKS -ENGINEERING -UTILITIES
SUMMARY OF QUANTITIES
PROJNO I DATE I SHEET
2300 5 DEC 22 D-5
Crack Seal (lb) Street
AREA Sweeping
Deadline Route Route Back Route Ahead Length Width (SY) Arterial Collector Local (SY)
UPPER MILL HEIGHTS
CRAWFORD ST GLEN 3,153 25 8,758 3,941
UPPER Ml LL HEIGHTS GLEN 1,345 25 3,736 1,681
12/1/23 (CRACK)
UPPER MILL HEIGHTS TER UPPER MILL HEIGHTS END 594 25 1,650 743
WAVERLY DR ELMHURST BD WESTCHESTER DR 246 28 765 344
WOODLAND AVE
lOTH ST 9TH ST 331 37 1,361 612
9TH ST 2 ND ST 2311 37 9,391 4,226
Subtota I 7,321 0
North Tota I 148,237 5,949
C ITY OF SALINA, 300 W. ASH, SALINA, KANSAS
PUBLIC WORKS -ENGINEERING -UTILITIES
SUMMARY OF QUANTITIES
PROJ NO I DATE I SHEET
23005 DEC 22 D-6
Crack Seal (lb) Street
AREA Sweeping
Deadline Route Route Back Route Ahead Length Width (SY) Arterial Collector Local (SY)
CLOUD ST OHIO ST CITY LIMITS 2,687 27 7,780 3,501
4 TH ST CLOUD ST WAYNE AVE 2658 31 8,951 4,028
AIDAN BEGIN RIVER TRAIL 135 28 420 189
ALBERT AVE OHIO ST LEWIS ST 386 28 1,201 540
AMBASSADOR DR LAKEVIEW SIERRA 889 28 2,766 1,245
BEN CT BEGIN EAGLECREST 246 28 765 344
LINDEN DR SHALIMAR DR 354 28 1,101 495
BENTLEY AVE SHALIMAR DR END 157 28 488 220
SHERWOOD LN LINDEN DR 266 28 828 373
BLAKEMOORE DR LAKEVIEW SIERR A 915 28 2,847 1,281
BLUESTEM CEDAR RIDGE DR END 463 23 1,183 532
BRIARGATE CEDAR RIDGE DR END 915 24 2,440 1,098
BRITIANY AVE FOXBORO DR END 859 25 2,386 1,074
BROCK OHIO ST END 410 28 1,276 574
CALCUTIA LAKEVIEW SIERRA 915 28 2,847 1,28 1
CANTERBURY DR BEGIN ROYAL DR 2002 28 6,228 2,803
CAROLINA DR POST OAK LN EDWARD ST 1421 28 4,421 1,989
CASTLE CT BRITIANY AVE END 187 25 519 234
12/1/23 (CRACK) CAYWOOD DR SCHI LU NG RD RITIGERS LN 1166 28 3,628 1,633
COLON IAL CT BEG IN COLON I AL LN 377 28 1,173 528
COLONIAL LN POST OAK LN BRET AVE 1049 28 3,264 1,469
COLONIAL PL BEGIN COLONIAL LN 364 28 1,132 509
CRESCENT DR
FOXBORO DR MIDLAND ST 2088 25 5,800 2,610
MIDLAND ST ROYAL DR 1343 25 3,731 1,6 79
CROWN CT CANTERBURY DR END 190 28 591 266
DERBY ST FOXBORO DR END 1132 25 3,144 1,415
DUSTIN MARCELLA HU EHL 614 28 1,910 860
EAGLECREST SADDLEBROOK MAGNOLIA RD 2020 28 6,284 2,828
FAIRWAY ST
BEGIN CANTERBURY DR 951 28 2,642 1,189
CANTERBURY DR END 312 25 867 390
FALCONVI EW DR WAYNE AVE EAGLECREST AVE 2,053 28 6,387 2,874
BEGIN ROYAL DR 135 25 375 169
FU NT ST
ROYAL DR CANTERBURY DR 623 25 1,731 779
FOXTAIL DR VALLEY RIDGE REDTOP RIDGE 1207 28 3,755 1,690
FREDRICH DR BEGIN MANCHESTER RD 628 28 1,954 879
GEORGE CT FALCONVI EW DR END 230 28 716 322
GLENSHIRE ST FOXBORO DR EAST END 1467 28 4,564 2,0 54
Subtota I 45,943 0
CITY OF SALINA, 300 W. ASH, SALINA, KANSAS
PUBLIC WORKS -ENGINEERING -UTILITIES
SUMMARY OF QUANTITIES
PROJNO I DATE I SHEET
23005 DEC 22 D-7
Crack Seal (lb) Street
AREA Sweeping
Deadline Route Route Back Route Ahead Length Width (SY} Arterial Collector Local (SY}
HAGEMAN AVE BROADWAY BD CLOUD ST 486 28 1,512 680
HANSON HOLLOWS BEGIN FROST ST 377 28 1,173 528
HARTFORD ST BEGIN CANTERBURY DR 1263 25 3,508 1,579
CANTERBURY DR END 161 25 447 201
HOLLY LN BEGIN CRAWFORD ST 846 25 2,350 1,058
HU EHL
DUSTIN MARCELLA 7 38 28 2,296 1,033
MARCELLA DUSTIN 1010 28 3,142 1,414
HUNTER CT BEGIN CANTERBURY DR 236 28 734 330
JEWELL AVE ROACH ST OHIO ST 1290 28 4,193 1,887
JODI CT FALCONVIEW DR END 118 28 367 165
KATIE CT BEGIN END 318 28 989 445
KINGSTON DR BEGIN FOXBORO DR 1282 25 3,561 1,602
KIRWIN AVE PERSHING ST 9TH ST 1168 28 3,634 1,635
LAKEVIEW PINNACLE AMBASSADOR 1287 28 4,004 1,802
LAS HA CT FALCONVIEW DR END 141 28 439 198
ALBERT AVE CLOUD ST 1,338 28 4,163 1,873
CLOUD ST JEWELL AVE 1341 28 4,172 1,877
LEWIS ST
ELLSWORTH AVE Ml NNEAPOLIS AVE 325 28 1,011 455
12/1/23 (CRACK} PVMT CHG REPUBLIC AVE 13 42 46 21
REPUBLIC AVE MCADAMS RD 1325 28 4,122 1,855
MELLINGER DR MANOR RD 285 28 887 399
LINDEN DR SEQUOIA DR WAYNE AVE 2379 28 7,401 3,330
MANOR RD ROACH ST OHIO ST 1279 28 3,979 1,791
MARLA CT MELANIE LN WEST END 590 28 1,836 826
MARTIN AVE
BEATRICE ST ROACH ST 985 28 3,064 1,379
FAITH DR OHIO ST 1716 28 5,339 2,403
MCADAMS RD
EAST END MOUNDVIEW AVE 850 28 2,644 1,190
OHIO ST FRONT ST 1991 28 6,194 2,787
MELLINGER DR OHIO ST ROACH ST 1280 28 3,982 1,792
MIDLAND ST BEGIN ROYAL DR 883 25 2,453 1,104
MILLWOOD DR OHIO ST ROACH ST 1280 28 3,982 1,792
MINNEAPOLIS AVE -E
4 TH ST SANTA FE AVE 623 28 1,938 872
OSBORNE ST 4 TH ST 574 28 1,786 804
MITCHELL LAKEVIEW DR SIERRA DR 922 28 2,868 1,291
NOTIINGHAM DR SHERWOOD LN SHALIMAR DR 587 28 1,826 822
OAKLAWN LN PLANTATION DR BRET AVE 256 28 796 358
*OVERLOOK DR
GATE STONERIDGE LN 167 24 445 200
STONERIDGE LN END 1784 24 4,757 2,141
*INCLUDE EACH LOOP and CUL-DE-SAC Subtotal 45,918 0
CITY OF SALINA, 300 W. ASH, SALINA, KANSAS
PUBLIC WORKS -ENGINEERING -UTILITIES
SUMMARY OF QUANTITIES
PROJNO I DATE I SHEET
23005 DEC22 D-8
Crack Seal (lb) Street
AREA Sweeping
Deadline Route Route Back Route Ahead Length Width (SY) Arterial Collector Local (SY)
PERS HIN G ST
CLOUD ST ELLSWORTH AVE 1670 28 5,196 2,338
BELOIT AVE REPUBLIC AVE 302 28 940 423
POST OAK LN LI NOA LN CAROLINA DR 1463 28 4,552 2,048
PROGRESS DR CITY LIMIT NORTH END 1421 28 4,421 1,989
RIVERRUN PW MARYMOUNT RD OVERLOOK DR 1100 27 3,300 1,485
RI TIGERS LN MELANIE LN LINDA LN 889 28 2,766 1,245
ALBERT AVE CLOUD ST 1332 28 4,144 1,865
12/1/23 (CRACK)
CLOUD ST KIRWIN AVE 1004 28 3,124 1,406 ROACH ST
ELLSWORTH AVE REPUBLIC AVE 1073 28 3,338 1,502
MARTIN AVE CRAWFORD ST 1991 28 6,194 2,787
RUSH ST CLOUD ST JEWELL AVE 1331 28 4,141 1,863
SHALIMAR DR MAGNOLIA RD WAYNE AVE 1936 30 6,355 2,860
SPRINGER CT OVERLOOK DR END 390 24 1,040 468
*STONERIDGE LN OVERLOOK DR END 823 24 2,196 988
SUNRISE DR ELLSWORTH AVE REPUBLIC AVE 1,073 28 3,338 1,502
*IN CLUDE EACH LOOP and CUL-DE-SAC Subtotal 24,770 0
South Tota I 176,364 0
COMBINED TOTAL 324,601 5,949
I
CITY OF SALINA, 300 W. ASH, SALINA, KANSAS
PUBLIC WORKS -ENGINEERING -UTILITIES
SUMMARY OF QUANTITIES
PROJ NO I DATE I SHEET
23005 DEC 22 D-9