Roe Avenue Pavement Rehabilitation (63rd Street to Johnson Drive)

Invitation to Bid / Request for Bids / Project Manual for ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) CITY PROJECT # SP-2024-01 CARS PROJECT # 320001399 Published: April 5, 2024 Bids Due: April 26, 2024 CITY OF MISSION SPECIFICATIONS CONTRACT DOCUMENTS ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) TABLE OF CONTENTS SUBJECT PAGE TO PAGE (INCLUSIVE) Notice to Bidders N-1 to N-2 Instructions to Bidders I-1 to I-9 Bid B-1 to B-5 Agreement A-1 to A-3 Performance Bond P-1 to P-2 Maintenance Bond M-1 to M-2 Statutory Bond SB-1 to SB-2 Labor and Material Payment Bond L-1 to L-2 General Conditions – Table of Contents G-i to G-ii General Conditions G-1 to G-36 Project Special Provisions PSP-1 to PSP-102 N-1 Rev. 6/25/12 CITY OF MISSION, KANSAS NOTICE TO BIDDERS Sealed bids for ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) will be received by the City of Mission, Kansas, at the office of the City Clerk, City Hall, 6090 Woodson Street,

Mission, Kansas 66202 until 10:00 a.m. local time on Friday, April 26, 2024. At that time all sealed bids will be transferred to the City Council Chamber, City Hall, where they will be publicly opened and read aloud. Any bid received after the designated closing time will be returned unopened. All bids shall be submitted in sealed envelopes addressed to the City Clerks of Mission, Kansas, and marked “ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive)” Copies of plans and specifications can be seen or purchased for a Non-Refundable fee on-line at www.drexeltech.com in their eDistribution plan room, additional assistance is available at distribution@drexeltech.com. Information regarding this project can be found in the “Public Jobs” link on the website. Contractors desiring the Contract Documents for use in preparing bids may also obtain a set of such documents from Drexel Technologies; 10840 West 86th Street, Lenexa, KS 66214, telephone number is 913-371-4430. Bidding documents will be shipped only if the requesting party assumes responsibility for all related charges. Corporate, certified, or cashier’s checks shall be made payable to Drexel Technologies, Inc. Proposers should specifically not the City of Mission prefers questions be submitted by email. Neither the City nor consultant shall be responsible for the accuracy, completeness, or sufficiency of any bid documents obtained from any source other than the source indicated above. Obtaining copies of plans, specifications, bid documents and other contract documents from any other source(s) may result in obtaining incomplete and inaccurate information. Obtaining these documents from any source other than directly from the source listed herein may also result in failure to receive any addenda, corrections, or other revisions to these documents that may be issued. Contractors should read and be fully familiar with all contract documents before submitting a bid. In submitting a bid, the bidder warrants that it has read the contract documents and is fully familiar therewith and that it has visited the site of the work to fully inform itself as to all existing conditions and limitations and shall include in its bid a sum to cover the cost of all items of the work. Should a bidder find "defects" as defined in paragraph GC-3 of the General Conditions, it shall follow the procedures outlined in paragraph GC-3 to bring same to the attention of City. Changes necessitated thereby shall be in the form of addenda issued by the consultant. All bidders shall verify that they have considered all written addenda. Neither the City nor the consultant shall be responsible for oral instructions. Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no clarifications or exceptions allowed on the bid. Bids are for a total bid package, total contract price. Bids shall be made upon the form provided in ink or typewritten. Numbers shall be stated both in writing and in figures; the signature shall be long hand; and the complete form shall be without alteration or erasure. On alternate items for which a bid is not submitted, a written indication of "no bid" on the bid form is required. http://www.drexeltech.com/ mailto:distribution@drexeltech.com N-2 Rev. 6/25/12 No oral, telegraphic, facsimile or telephonic bids or alterations will be considered. The following items must be included in the sealed envelope with the bid: a. Bid b. 5% Bid Security--Bid Bond, Cashier's Check or Certified Check (See below.) Each bidder shall file with its bid a bid bond, a cashier's check or a certified check drawn on any acceptable bank, made payable to the City of Mission, Kansas, in an amount of not less than five percent (5%) of the total bid, which shall be retained by the City of Mission until a contract for the project has been executed. Bid bonds will be returned to the unsuccessful bidders, with the exception of the second qualifying bidder, at such time as their bids are rejected. The bid deposit of the successful bidder and the second qualifying bidder will be returned when satisfactory bonds in an amount equal to 100% of the contract amount, required insurance certificates and other required documents shall have been furnished and the contract documents have been executed. In the event the successful bidder is unable to execute the contract, for whatever reason, City may exercise its legal prerogatives, including, but not limited to, enforcement of its rights as to the bid security. The City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. Bids may be modified or withdrawn by written request of the bidder received in the office of the City Clerk, prior to the time and date for bid opening; provided, however, that no bidder may withdraw its bid for a period of thirty (30) days from the date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION. IT IS UNDERSTOOD BY ALL BIDDERS THAT AN UNSUCCESSFUL BIDDER HAS NO CAUSE OF ACTION AGAINST THE CITY FOR BID PREPARATION COSTS. THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. A Pre-Bid Conference will be held at: Mission Public Works – 4775 Lamar Ave. Date & Time: April 17th, 2024, 1:00 pm Publish: Legal Record DATE: April 5, 2024 III-11a-4c I-1 Rev. 4/24/13 INSTRUCTIONS TO BIDDERS IB-1. BIDS: All bids shall be made on the forms provided in this bound volume of contract documents and shall be in compliance with the Notice to Bidders. All appropriate blanks shall be filled in and shall be signed by the appropriate individual on behalf of him/herself or the entity submitting the bid. Each bid must be enclosed in a sealed envelope plainly marked "ROE AVENUE PAVEMENT REHABILITATION(63rd Street to Johnson Drive)”. As per the Notice to Bidders, bid shall be addressed to: CITY OF MISSION, KANSAS Attention: City Clerk 6090 Woodson Street, Mission, KS 66202 IB-2. DEFINITIONS: a. All definitions set forth in the General Conditions or in other contract documents are applicable to the Bidding Documents. b. ”Alternative Bid” (or ”Alternate”) means an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the work, as described in the Bidding Documents, is accepted. c. “Base Bid” means the sum stated in the Bid for which the Bidder offers to perform the work described in the Bidding Documents as the base, to which work may be added or from which work may be deleted for sums stated in Alternate Bids. d. “Bid” shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed (and the City reserves the right to reject any and all bids). e. “Bidder” shall mean any individual, partnership, corporation, association or other entity submitting a Bid for the work. f. “Bidding Documents” shall mean all documents related to a Bidder's submitting a Bid, including, but not limited to, the advertisement for Bids, if applicable, Instructions to Bidders, the Bid form, other sample bidding and contract forms and the proposed contract documents, including any addenda issued prior to receipt of Bids. At the City's option, Bidders may be required to complete and submit a prequalification statement. g. “City” means the City of Mission, Kansas. h. “Contractor” shall mean the entity entering into the contract for the performance of the work covered by the contract, together with its duly authorized agents or legal representatives. i. “Successful Bidder” means the person or entity who is determined and declared by the City to have submitted the lowest and best responsible Bid in conformity with the terms of the Bidding Documents. III-11a-4c I-2 Rev. 4/24/13 j. “Unit Price” means an amount stated in the Bid as a price per unit of measurement for materials or services as described in the Bidding Documents or in the proposed contract documents. IB-3. BIDDER'S REPRESENTATIONS: Each Bidder by making its Bid represents that: a. It has read and understands the Bidding Documents, and its Bid is made in accordance therewith. b. It has visited the site, has familiarized itself with the local conditions under which the work is to be performed, has reviewed all published reports, inspections and other documents relating to the project and has correlated its observations with the requirements of the proposed contract documents. c. Its Bid is based upon the materials, systems and equipment required by the Bidding Documents without exception. d. It has familiarized itself with state, federal law and local ordinances, regulations, and permitting requirements which may affect cost and/or progress or performance of the work. IB-4. BIDDING DOCUMENTS: Copies of plans and specifications can be seen or purchased for a Non-refundable fee on-line at www.drexeltech.com in their eDistribution plan room, additional assistance is available at distribution@drexeltech.com. Information regarding this project can be found in the “Public Jobs” link on the website. Contractors desiring the Contract documents for use in preparing bids may also obtain a set of such documents from Drexel Technologies; 10840 West 86th Street, Lenexa, KS 66214, telephone number is 913-371-4430. Bidding documents will be shipped only if the requesting party assumes responsibility for all related charges. Corporate, certified, or cashier’s checks shall be made payable to Drexel Technologies, Inc. Neither the city nor the consultant shall be responsible for the accuracy, completeness, or sufficiency of any Bidding Documents obtained from any source other than the source indicated in the Notice to Bidders. Obtaining copies of Bidding Documents form any other source(s) may result in obtaining incomplete and inaccurate information or result in failure to receive any addenda, corrections, or other revisions to these documents that may be issued Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the City nor the consultant assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding Documents. The City in making copies of the Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the work and does not confer a license or grant for any other use. IB-5. DEFECTS IN BIDDING DOCUMENTS: Bidders shall promptly notify the City of any errors, omissions, discrepancies or inconsistencies (hereinafter "defects") which they may discover upon examination of the Bidding Documents or of the site and local conditions. Bidders will not be permitted to take advantage of any such defect. http://www.drexeltech.com/ mailto:distribution@drexeltech.com III-11a-4c I-3 Rev. 4/24/13 Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the consultant at least seven days prior to the date for receipt of Bids. Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes. IB-6. SUBSTITUTIONS: The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the consultant at least seven (7) days prior to the date for receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The consultant’s decision of approval or disapproval of a proposed substitution shall be final. If the consultant approves any proposed substitution prior to receipt of Bids, such approval will be set forth in a written addendum. Bidders shall not rely upon approvals made in any other manner. No substitutions will be considered after the contract award unless specifically provided in the contract documents (see GC-61). IB-7. ADDENDA: Written addenda will be mailed or delivered to all who are known by the consultant to have received a complete set of Bidding Documents. Copies of written addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. No written addenda will be issued later than four (4) days prior to the date for receipt of Bids except an addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. Each Bidder shall ascertain prior to submitting its Bid that it has received all written addenda issued, and it shall acknowledge its receipt in its Bid. IB-8. INSURANCE: a. General: The Contractor shall secure and maintain, throughout the duration of the agreement, insurance (on an occurrence basis unless otherwise agreed to) of such types and in at least such amounts as required herein. Contractor shall provide certificates of insurance and renewals thereof on forms provided by the City or on forms acceptable to the City. The City shall be notified by receipt of written notice from the insurer or the Contractor at least thirty (30) days prior to material modification or cancellation of any policy listed on the Certificate. III-11a-4c I-4 Rev. 4/24/13 Bidders are referred to Article GC-38 of the General Conditions for additional insurance information. b. Notice of Claim Reduction of Policy Limits: The Contractor, upon receipt of notice of any claim in connection with the agreement, shall promptly notify the City, providing full details thereof, including an estimate of the amount of loss or liability. The Contractor shall monitor and promptly notify the City of any reduction in limits of protection afforded under any policy listed in the Certificate (or otherwise required by the contract documents) if the Contractor’s limits of protection shall have been impaired or reduced to such extent that the limits fall below the minimum amounts required herein. The Contractor shall promptly reinstate the original limits of liability required hereunder and shall furnish evidence thereof to the City. c. Commercial General Liability: Limits – General Aggregate: $2,000,000 Products / Completed Operations Aggregate: $2,000,000 Personal & Advertising Injury: $1,000,000 Each Occurrence: $1,000,000 Policy MUST include the following conditions: 1. Pollution Liability (Applicable only to contracts involving pollutants such as asbestos & lead abatement, sludge or other waste abatement, etc.) 2. NAME CITY OF MISSION AS “ADDITIONAL INSURED” d. Automobile Liability: Policy shall protect the Contractor against claims for bodily injury and/or property damage arising from the ownership or use of any owned, hired and/or non-owned vehicle. Limits (Same as Commercial General Liability) - Combined Single Limits, Bodily Injury and Property Damage - Each Accident: Policy MUST include the following condition: NAME CITY OF MISSION AS “ADDITIONAL INSURED” e. Umbrella Liability: The Umbrella / Excess Liability must be at least as broad as the underlying general liability and automobile liability policies. Limits – Each Occurrence $1,000,000 General Aggregate $1,000,000 f. Workers' Compensation: This insurance shall protect the Contractor against all claims under applicable state workers' compensation laws. The Contractor shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of workers' compensation law. The policy limits shall not be less than the following: III-11a-4c I-5 Rev. 4/24/13 Workers' Compensation: Statutory Employer's Liability: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee g. Owner’s Protective Liability: The Contractor shall take out, pay for and deliver to the City, an Owner’s Protective Liability insurance policy written on an occurrence basis and naming the City as named insured. The policy shall be maintained during the life of the agreement. Limits of protection shall be at least $1,000,000 Combined Single Limits, Bodily Injury and Property Damage, and shall contain no exclusion relative to any function performed by the City or its employees and agents in connection with the project. h. Industry Ratings: The City will only accept coverage from an insurance carrier who offers proof that it: 1. Is authorized to do business in the State of Kansas; 2. Carries a Best's policy holder rating of A- or better; and 3. Carries at least a Class VIII financial rating, or 4. Is a company mutually agreed upon by the City and Contractor. i. Subcontractors' Insurance: If a part of the Contract is to be sublet, the Contractor shall either: 1. Cover all subcontractors in its insurance policies, or 2. Require each subcontractor not so covered to secure insurance which will protect subcontractor against all applicable hazards or risks of loss as and in the minimum amounts designated. Whichever option is chosen, contractor shall indemnify and hold harmless the City as to any and all damages, claims or losses, including attorney's fees, arising out of the acts or omissions of its subcontractors. j. Railroad Protective Liability: Additional requirement applicable when working on railroad property. Named Insured: Applicable Railroad Limits – Bodily Injury & Property Damage: Per Railroad Requirements k. Aircraft Liability: Additional requirement applicable for aerial photograph or contract involving any use of aircraft. Limits- Single Limit Bodily Injury; Including Passengers; and Property Damage: $1,000,000 Each Occurrence Coverage must include all Owned, Hired and Non-Owned Aircraft. Policy MUST include the following condition: NAME CITY OF MISSION AS “ADDITIONAL INSURED” ON THE HIRED AND III-11a-4c I-6 Rev. 4/24/13 NON-OWNED AIRCRAFT LIABILITY. l. Contractor Property Insurance (“Builder’s Risk”): [Additional requirement when constructing a building.] Unless otherwise provided in the contract documents, Contractor shall procure and maintain property insurance from insurance companies authorized to do business in the State of Kansas upon the entire project to the full insurable value of the project, including professional fees, overtime premiums and all other expenses incurred to replace or repair the insured property. The property insurance obtained by Contractor shall include as additional insured’s the interests of City, Contractor, design consultants, subcontractor and sub- subcontractors, and shall insure against the risk of direct physical loss including but not limited to fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the contract documents. The property insurance shall include physical loss or damage to the work, including materials and equipment in transit, at the site or at another location as may be indicated in Contractor’s application for payment and approved by City. All deductibles are the responsibility of the Contractor. 1. Unless the contract documents provide otherwise, Contractor shall procure and maintain boiler and machinery insurance that will include the interests of City, Contractor, design consultants, subcontractors and sub- subcontractors. 2. Prior to commencing any work, Contractor shall provide City with certificates evidencing that (1) all Contractor’s insurance obligations required by the contract documents are in full force and in effect and will remain in effect until Contractor has completed all of the work and has received final payment from City and (2) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written notice is given to City. Contractor’s property insurance shall not lapse or be canceled if City occupies a portion of the work. Contractor shall provide City with the necessary endorsements from the insurance company prior to occupying a portion of the work. 3. Any loss covered under Contractor’s property insurance shall be adjusted with City and Contractor and made payable to both of them as trustees for the insured’s as their interests may appear, subject to any applicable mortgage clause. All insurance proceeds received as a result of any loss will be placed in a separate account and distributed in accordance with such agreement as the interested parties may reach. Any disagreement concerning the distribution of any proceeds will be resolved in accordance with Article II of the Agreement. 4. City and Contractor waive against each other and City’s separate contractors, design consultants, subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. Contractor and City shall, where appropriate, require similar waivers of subrogation from City’s separate contractors, design consultants and subcontractors and shall require each of them to include similar waivers in their contracts. IB-9. BID SECURITY: Each Bid shall be accompanied by a bid bond or a certified cashier's check on an acceptable bank, made payable, without condition, to the City of Mission, III-11a-4c I-7 Rev. 4/24/13 Kansas, (hereinafter "City") in an amount of not less than five percent (5%) of the total Bid. In addition to other legal remedies, the amount of said bid security may be retained by and forfeited to the City as liquidated damages if such Bid is accepted and the Successful Bidder fails to enter into an agreement in the form prescribed, within the time specified in the notice of award by the City; provided, however, that the City shall not necessarily be limited in protecting its legal rights to enforcement of its rights under the bid security. Deposits will be returned to unsuccessful Bidders, with the exception of the second qualifying Bidder, at such time as their Bids are rejected. The Bid deposit of the Successful Bidder and the second qualifying Bidder will be returned when satisfactory insurance certificates, performance bond and statutory or labor and material payment bond in an amount equal to 100% of the agreement and other documents required by the General Conditions have been furnished and the contract documents have been executed. IB-10. TAXES: It is the intent of the City to supply the Contractor with a Project Exemption Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing its Bid, omit from its computed costs all sales and compensation taxes. Upon issuance of a Kansas tax exemption number, two (2) copies of the Project Exemption Certificate (Form PR-74a) will be forwarded to the Contractor. Upon completion of the project, the City will provide the State of Kansas with the project completion date and the State will issue a Project Completion Certification. This will be forwarded to the Contractor who must sign and return it to the City. All invoices must be retained by the Contractor for a period of five (5) years and are subject to audit by the Kansas Department of Revenue. Final payment will not be made to the Contractor until the City has received the Project Completion Certification from the Contractor along with a Consent of Surety Company to Final Payment. IB-11. LIQUIDATED DAMAGES: In case of failure on the part of the Contractor to effect completion within the time specified, the City shall have the right to deduct from the total compensation otherwise due the Contractor as liquidated damages based on the full Bid price of the agreement, fixed and agreed to in advance, according to the following schedule: Contract Amount Liquidated Damages $0 to $50,000 $250.00 $50,000 to $100,000 $400.00 $100,000 to $500,000 $800.00 $500,000 to $1,000,000 $1,000.00 $1,000,000 to $2,000,000 $1,750.00 $2,000,000 to $5,000,000 $2,500.00 $5,000,000 to $10,000,000 $3,500.00 $10,000,000 to $20,000,000 $5,500.00 $20,000,000 and up $6,000.00 for each twenty-four (24) hour calendar day, including Sundays and holidays, the work remains incomplete over the specified completion time. (THE CITY RESERVES THE RIGHT TO ADJUST THE SCHEDULE OF LIQUIDATED DAMAGES, PRIOR TO ADVERTISING FOR BIDS, BASED ON THE SCOPE AND URGENCY OF THE PROJECT.) In the event moneys being retained by the City shall not be sufficient to cover the amount of any liquidated damages, City may sue for and recover compensation for damages for nonperformance of the contract at the time stipulated herein and provided for. III-11a-4c I-8 Rev. 4/24/13 IB-12. MODIFICATION OR WITHDRAWAL OF BIDS: Bids may be modified or withdrawn by written request of the Bidder received in the office of the City Clerk, prior to the time and date for Bid opening. No Bidder may withdraw its Bid for a period of thirty (30) days from the date set for the opening thereof. IB-13. ACCEPTANCE AND REJECTION OF BIDS AND AWARD OF CONTRACT: The contract will be awarded to the lowest and best, responsible Bidder as determined by the City. The City reserves the right to reject any and all Bids; to waive any and all irregularities and informalities; to negotiate contract terms with the Successful Bidder; and the right to disregard all nonconforming, non-responsive or conditional Bids. In evaluating Bids, the City may consider the qualification of Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and Unit Prices if requested in the Bid forms. The City reserves the right to reject the Bid of any Bidder who does not pass the evaluation to the City's satisfaction. IB-14. BONDS: The Contractor to whom the work is awarded will be required to furnish a Performance Bond, Maintenance Bond, and a Statutory or Labor and Material Payment Bond in the forms hereinafter provided in an amount equal to 100 percent (100%) of the amount of the contract to be awarded in each case in addition to any other bonds as may be required by the contract documents. With each bond there shall be filed with the City one copy of "Power of Attorney" certified to include the date of the bonds. IB-15. INDEMNIFICATION: The Contractor shall be required to indemnify and hold the City harmless as set forth in Article GC-33 of the General Conditions. IB-16. BID PREFERENCE: Existing State law (K.S.A. 75-3740a) requires that, to the extent permitted by federal law and regulations, the City, when letting contracts for bids, must require any Successful Bidder-Contractor domiciled outside the state of Kansas to submit a Bid the same percent less than the lowest bid submitted by a responsible Kansas contractor as would be required of such Kansas domiciled contractor to succeed over the bidding Contractor domiciled outside Kansas on a like contract let in the foreign Bidder's domiciliary state. All Bids are received on this condition, and if it is determined by the City that the apparent lowest and best Bidder is a foreign domiciled contractor, such contractor shall be awarded the Contract only if such Contractor's Bid complies with this state law requirement. All Bidders domiciled outside of the State of Kansas may be requested to furnish the City with a copy of their state's preferential bidding statutes, if any. IB-17. NON-DISCRIMINATION, AFFIRMATIVE ACTION AND SEXUAL HARASSMENT: The Contractor shall comply with Article GC-68 of the General Conditions. IB-18. APPOINTMENT OF SERVICE AGENT: Kansas Statutes Annotated 16-113 requires that non-resident Contractors appoint an agent for the service of process in Kansas. The executed appointment must then be filed with the Secretary of State, Topeka, Kansas. Any Successful Bidder-Contractor domiciled outside the State of Kansas must comply with these statutory requirements. IB-19. SUBCONTRACTING: As provided in Article GC-36, the Contractor may utilize the III-11a-4c I-9 Rev. 4/24/13 services of subcontractors on those parts of the work which, under normal contracting practices, are performed by subcontractors. IB-20. CONFLICT OF INTEREST: 31 USCS Section 1352 requires all subgrantees, Contractors, subcontractors and consultants who receive federal funds via the City to certify that they will not use federal funds to pay any person for influencing or attempting to influence a federal agency or Congress in connection with the award of any federal contract, grant, loan or cooperative agreements. In addition, contract applicants, recipients and subrecipients must file a form disclosing any expenditures they make for lobbying out of non-federal funds during the agreement period. Necessary forms are available from the City Engineer and should be returned to the City with other contract documents. It is the responsibility of the general Contractor to obtain executed forms from any subcontractors who fall within the provisions of the Code and to provide the City with the same. B1 BID ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) TO: CITY OF MISSION, JOHNSON COUNTY, KANSAS Neither the City nor Consultant shall be responsible for the accuracy, completeness, or sufficiency of any bid documents obtained from any source other than the source indicated in the Notice to Bidders. Obtaining copies of plans, specifications, bid documents and other contract documents from any other source(s) may result in obtaining incomplete and inaccurate information. Obtaining these documents from any source other than directly from the source listed in the Notice to Bidders may also result in failure to receive any addenda, corrections, or other revisions to these documents that may be issued. The undersigned bidder hereby proposes to mobilize and furnish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by, and in conformity with the proposed contract documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of prices as follows: BID SHEET ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST $ COST $ 1 FORCE ACCOUNT LUMP SUM 1 $90,000.00 $90,000.00 2 MILLING (2") SY 18316 3 HMA COMMERCIAL GRADE (CLASS A) (2") SY 18316 4 TYPE 1 STREET REPAIR SY 188 5 FULL DEPTH PAVEMENT REPAIR SY 18 6 COMBINED CURB & GUTTER REMOVAL & REPLACEMENT (TYPE B) LF 1066 7 COMBINED CURB & GUTTER REMOVAL & REPLACEMENT (TYPE C) LF 45 8 COMBINED CURB & GUTTER REMOVAL & REPLACEMENT (TYPE D) LF 671 9 4" SIDEWALK REPLACEMENT SF 1709 10 REMOVE AND REPLACE SIDEWALK RAMP EACH 16 11 DETECTABLE WARNING SURFACE SF 223 12 4" AB-3 (OP MODIFIED) SY 547 13 4" STAMPED COLORED CONCRETE (HERRINGBONE BRICK) SY 288 B2 14 8" CONCRETE DRIVEWAY REPLACEMENT SY 32 15 4" SIDEWALK SF 3204 16 INTEGRAL SIDEWALK RETAINING WALL CY 13 17 PIPE UNDERDRAIN (6" NON PERFERATED)(TYPE K) LF 8 18 PIPE UNDERDRAIN (6" PERFERATED)(TYPE H) LF 72 19 MEDIAN NOSE REPLACEMENT EACH 2 20 FLOWABLE FILL (LOW STRENGTH) CY 32.0 21 CURB INLET THROAT REPLACEMENT LF 39 22 JUNCTION BOX (7'X7') EACH 1 23 JUNCTION BOX (4'X7') EACH 1 24 JUNCTION BOX (6'X6') EACH 1 25 STORM SEWER (RCP CLASS III) (24") LF 69 26 STORM SEWER (RCP CLASS III) (36") LF 107 27 STORM SEWER (RCP CLASS III) (54") LF 136 28 STORM SEWER (HDPE) (54") LF 32 29 PIPE COLLAR EACH 1 30 ADJUSTMENT OF MANHOLE EACH 11 31 SOD SY 750 32 PROJECT SIGN (CARS) EACH 2 33 CONCRETE ENCASEMENT (RCE) LF 10 34 4" WHITE (IMP) LF 1740 35 4" YELLOW (IMP) LF 6694 36 6" WHITE (IMP) LF 25 B3 37 8" WHITE (IMP) LF 410 38 12" YELLOW (IMP) LF 65 39 24" WHITE (PTP) LF 605 40 WHITE TURN ARROW (PTP) EACH 25 41 WHITE "ONLY" MARKING (PTP) EACH 2 42 PERMANENT TRAFFIC CONTROL SIGNS SF 16 43 1-3/4" X 1-3/4" SIGN POSTS LF 36 44 2" x 2" SIGN POST ANCHORS LF 16 45 2-1/4" x 2-1/4" ANCHOR SLEEVES LF 10 46 CONCRETE ANCHOR & SLEEVE EACH 2 47 TRAFFIC SIGNAL LUMP SUM 1 48 TRAFFIC CONTROL LUMP SUM 1 TOTAL BID $ 1. The undersigned further agrees to begin upon the date stated in the Notice to Proceed and to complete the work, if this bid is accepted, as stated herein: A. The Notice to Proceed is anticipated to be May 31, 2024. B. The undersigned further agrees to complete the work as described in the plans during 215 total consecutive calendar days (with daily working hours from 7:00 AM to 6:00 PM Monday through Friday, 8:00 AM to 6:00 PM on Saturdays, and with no work on Sundays), and open the roadway to traffic after working hours with lane drops approved by the Engineer. No Damages will be assessed due to traffic signal component delivery delay. The undersigned also declares that it understands that if not preset by the City the time to begin construction and to complete the work will be one factor considered in determining the lowest and best responsible bidder. The undersigned also declares that he/she understands that liquidated damages based on the full bid price of the contract shall be assessed against Contractor, as stipulated liquidated damages and not as a penalty, in an amount as set forth in paragraph GC-46 of the General Conditions for each and every calendar day the work remains incomplete over the specified completion times in parts A through B stated above. B4 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority so to do. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied, with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other persons, of any part of the contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not and will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has carefully examined the Notice to Bidders, Instructions to Bidders and other contract documents, and that it has inspected the actual location of the work, together with the local sources of supply, and has satisfied itself as to all conditions and quantities and understands that in signing this Bid it waives all right to plead any misunderstanding regarding the same. 4. The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an agreement within ten (10) calendar days from and after notice of the award of the contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement of its rights as to bid security. 5. It is understood that the City will pay in a prompt and timely manner pay estimates when submitted and approved by the Architect/Engineer and further approved by the City staff coordinator for the project, all as provided in the contract documents. 6. Undersigned acknowledges receipt of the Plans and Specifications for the project including the following addenda (complete) . 7. The undersigned agrees to sign a contract for the bid price on this bid form up until the date of June 30, 2024. B5 Enclosed is a certified check, cashier's check or bid bond in the amount of DOLLARS ($ ) which the undersigned agrees is subject to being forfeited to and becoming the property of the City as liquidated damages and not as a penalty, together with other legal remedies the City may choose to invoke, all as set forth in the Instructions to Bidders Section IB-9, should this Bid be accepted and the contract be awarded to this bidder and it should fail to enter into an agreement in the form prescribed and to furnish the required insurance, bonds and other required documents within ten (10) calendar days as above stipulated, otherwise the bid security shall be returned to the undersigned upon signing of the agreement and delivery of the approved bonds and other required documents to the City of Overland Park, Kansas. DATED in this day of , 2024. (SEAL) Contractor Signature Printed Name Title Street Address or P.O. Box City, State, Zip Telephone Number Fax Number A-1 Rev. 6/28/12 CITY OF MISSION, KANSAS AGREEMENT BETWEEN CITY OF MISSION, KANSAS AND CONTRACTOR ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) THIS AGREEMENT is made and entered into this day of , 2024 by and between the City of Mission, Kansas, hereinafter the "City", and , hereinafter the "Contractor". WITNESSETH: WHEREAS, the City has caused to be prepared, in accordance with the law, Notice to Bidders, Instructions to Bidders, Bid, this Agreement, General Conditions, Project Special Provisions, Plans, Specifications and other Contract Documents, as defined in the General Conditions, for the work herein described, and has approved and adopted these said Contract Documents and has caused to be published, in the manner and for the time required by law, an advertisement inviting sealed Bids for furnishing construction materials, labor, tools, equipment and transportation necessary for, and in connection with, the construction of public improvements in accordance with the terms of this Agreement; and WHEREAS, the Contractor, in response to the advertisement, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of this Agreement; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the Bids submitted, and as a result of this canvass has, in accordance with the law, determined and declared the Contractor to be the lowest and best responsible bidder for the construction of the public improvements, and has duly awarded to the Contractor a contract therefor upon the terms and conditions set forth in this Agreement and for the sum or sums named in the Bid attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the compensation to be paid the Contractor, and of the mutual agreements herein contained, the parties hereto have agreed, and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself or themselves, its, his/her or their successors and assigns, or its, his/her or their executors and administrators, as follows: ARTICLE I. The Contractor will furnish at its own cost and expense all labor, tools, equipment, materials and transportation required to construct and complete the work as designated, described and required by the Contract Documents, to wit: ROE AVENUE PAVEMENT REHABILITATION(63rd Street to Johnson Drive), all in accordance with the Notice to Bidders, Instructions to Bidders, Bid, this Agreement, General Conditions, Project Special Provisions, Plans, Specifications and other Contract Documents as defined in paragraph GC-1 of the General Conditions of the Contract for Construction, on file with the City Clerk of Mission, Kansas, all of which Contract Documents form the Contract, and are as fully a part hereof as if repeated verbatim herein; all work to be done in a good, substantial and workmanlike manner to the entire satisfaction of the City, and in accordance with the laws of the City, the State of Kansas and the United States of America. All terms used herein shall have the meanings ascribed to them in the General Conditions unless otherwise specified. A-2 Rev. 6/28/12 ARTICLE II. The City shall pay to the Contractor for the performance of the work embraced in this Contract, and the Contractor will accept in full compensation therefor, the sum of DOLLARS ($ ) (subject to adjustment as provided by the Contract Documents) for all work covered by and included in the Contract award and designated in the foregoing Article I, payment thereof to be made in cash or its equivalent and in the manner provided in the Contract Documents. ARTICLE III. The Contractor shall commence work upon the date stated in the Notice to Proceed, and will complete all work covered by this Contract no later than 120 days subject to the conditions set forth in section 1.18, CONSTRUCTION LIMITATIONS, of the Project Special Provisions. Liquidated damages based on the full bid price of the Contract shall be assessed against Contractor, as stipulated liquidated damages and not as a penalty, in an amount as set forth in paragraph GC-46 of the General Conditions for each and every calendar day the work remains incomplete over the specified completion time(s) stated above. ARTICLE IV. The Contractor shall not subcontract, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof without previous written consent of the City. In case such consent is given, the Contractor shall be permitted to subcontract a portion thereof, but shall self- perform not less than forty percent (40%) of the total Contract Price based upon the unit prices within the Bid submitted to the City by the Contractor. No subcontracts, or other transfer of Contract, shall release the Contractor of its liability under the Contract and Bonds applicable thereto. ARTICLE V. Contractor specifically acknowledges and confirms that: (1) it has visited the site, made all inspections it deems appropriate and has read and fully understands the Contract Documents, including all obligations and responsibilities undertaken by it as specified herein and in the other Contract Documents and knowingly accepts same; (2) it has furnished copies of all Contract Documents to its insurance carrier(s) and its surety(ies); and (3) its insurance carrier(s) and surety(ies) agree to be bound as specified herein, in the Contract Documents and in the insurance policy(ies) and bonds as to liability and surety coverage. ARTICLE VI. It is specifically agreed between the parties executing this Agreement that the Contract Documents are not intended to create any third party beneficiary relationship nor to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The duties, obligations and responsibilities of the parties to this Agreement with respect to third parties shall remain as imposed by law. ARTICLE VII. This Agreement, together with the other Contract Documents, constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except as provided herein or in the other Contract Documents. ARTICLE VIII. This Agreement is entered into, under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Kansas. ARTICLE IX. Should any provision of this Agreement or the other Contract Documents be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement and/or the other Contract Documents shall be unaffected thereby and shall continue to be valid and enforceable. A-3 Rev. 6/28/12 IN WITNESS WHEREOF, the City of Mission, Kansas, has caused this Agreement to be executed on its behalf, thereunto duly authorized, and the said Contractor has executed three (3) counterparts of this Contract in the prescribed form and manner, the day and year first above written. CITY OF MISSION, KANSAS By ATTEST: Laura H. Smith City Administrator City Clerk APPROVED AS TO FORM: David Martin City Attorney Contractor By (SEAL) Title President (If the Contract is not executed by the president of the corporation or general partner of the partnership, please provide documentation which authorizes the signatory to bind the corporation or partnership. If a corporation, Contractor shall furnish City a current certificate of good standing, dated within ten (10) days of the date of this Contract.) P-1 Rev. 8/30/12 CITY OF MISSION, KANSAS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned , of as principal, hereinafter referred to as the "Contractor," and , a corporation organized under the laws of the State of and authorized to transact business in the State of Kansas, as surety, are held and firmly bound unto the City of Mission, Kansas, hereinafter referred to as "City," in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made we bind ourselves, and our heirs, executors, administrators, successors and assigns, jointly and severally by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the above bonded Contractor, has on the day of , 20 , executed a written Agreement with the aforesaid City for furnishing in a good, substantial and workmanlike manner all construction, labor, materials, equipment, tools, transportation, superintendence and other facilities and accessories for ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) designated, defined and described in the Agreement and in accordance with the Contract Documents to include the General Conditions, Project Special Provisions, Specifications, Plans and other Contract Documents therefor; a copy of the Agreement being attached hereto and made a part hereof. NOW, THEREFORE, if said Contractor shall in all particulars promptly and faithfully perform each and every covenant, condition, and part of the Agreement, and the General Conditions, Project Special Provisions, Specifications, Plans and other Contract Documents thereto attached or by reference made a part thereof, according to the true intent and meaning in each case, upon written acceptance by the City of the improvement herein described in substantial compliance with the Contract Documents and upon the effective date of the Maintenance Bond for the improvement then this obligation shall be and become null and void. PROVIDED, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the Work to be performed thereunder or the General Conditions, Project Special Provisions, Specifications, Plans and other Contract Documents accompanying same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications, Plans and other Contract Documents. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the contract price more than 50 percent, so as to bind the Contractor and the Surety to the full and faithful performance of the Agreement so amended. The term "amendment," wherever used in this bond, and whether referring to this bond or the Agreement, shall include any alteration, addition, extension, or modification of any character whatsoever. P-2 Rev. 8/30/12 Whenever Contractor is declared by City to be in default under the Contract Documents, the Surety may promptly remedy the default or shall within fourteen (14) days from the date of notice from the City: 1. Commence completing the Work of the Agreement in accordance with its terms and conditions. However, Surety may not use the defaulting Contractor, or any legal reformation of the defaulting Contractor, to complete the Work and the Surety may not use any of the subcontractors of the defaulting Contractor to complete the Work without the written consent of the City; or 2. Commence the process of obtaining a bid or bids for completing the Work of the Agreement in accordance with its terms and conditions, and upon determination by the City and the surety jointly of the lowest and best responsive, responsible bidder, arrange for an Agreement between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract Price, including other costs and damages for which the surety may be liable hereunder, which sum shall not exceed the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Agreement and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City or successors of the City. IN TESTIMONY WHEREOF, said Contractor has hereunto set his/her hand, and said surety has caused these presents to be executed in its name; and its corporate seal to be hereunto affixed by its attorney-in-fact duly authorized thereunto so to do at , on this, the day of , 20 . Contractor/Principal ATTEST: By (SEAL) Secretary Title Surety Company By (SEAL) Attorney-in-Fact NOTE: 1. Date of bond must not be prior to date of contract. 2. If Contractor is partnership, all partners should execute bond. 3. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state of Kansas. 4. Accompany this bond with Attorney-in-Fact's Authority from the surety company certified to include the date of the bond. M-1 Rev. 6/26/13 CITY OF MISSION, KANSAS MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned of as principal, hereinafter referred to as the "Contractor," and , hereinafter referred to as the “Surety”, a corporation organized under the laws of the State of and authorized to transact business in the State of Kansas, as surety, are held and firmly bound unto the City of Mission, Kansas, hereinafter referred to as "City," in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made we bind ourselves, and our heirs, executors, administrators, successors and assigns, jointly and severally by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the above bonded Contractor, has on the day of , 20 , executed a written Agreement with the aforesaid City for furnishing in a good, substantial and workmanlike manner all construction, labor, materials, equipment, tools, transportation, superintendence and other facilities and accessories for ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) hereinafter referred to as the “Improvement”, designated, defined and described in the Agreement and the Contract Documents, and in accordance with the Specifications and Plans and other Contract Documents therefor; a copy of the Agreement being attached hereto and made a part hereof. NOW, THEREFORE, upon acceptance of the Improvement by the City in substantial compliance with the Contract Documents, if said Improvement endures without defect or need of repair or maintenance for a period of two (2) years from the date of final acceptance, then this obligation shall be and become null and void. If the Improvement requires repairs or maintenance within such two (2) year period then this obligation shall remain in full force and effect and Contractor and the Surety shall be responsible for the prompt payment of the penal sum to the City for such repairs and/or maintenance including any incidental costs associated therewith, including but not limited to the costs of consultants and/or engineering investigations, testing, analysis and any other costs incurred to determine the cause of the defect and/or the necessary repair or maintenance and attorney fees incurred in collection of this Maintenance Bond. PROVIDED, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the Work to be performed thereunder or the Specifications, Plans and other Contract Documents accompanying same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications, Plans and other Contract Documents. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the contract price more than 50 percent, so as to bind the Contractor and the Surety to the full and faithful performance of the Agreement so amended. The term "amendment," wherever used in this bond, and whether referring to this bond or the Agreement, shall include any alteration, addition, extension, or modification of any character whatsoever. M-2 Rev. 6/26/13 IN TESTIMONY WHEREOF, said Contractor has hereunto set his/her hand, and said surety has caused these presents to be executed in its name; and its corporate seal to be hereunto affixed by its attorney-in-fact duly authorized thereunto so to do at on this, the day of , 20 . Contractor/Principal ATTEST: By (SEAL) Print Name: Title Secretary Surety Company By (SEAL) Attorney-in-Fact NOTE: 1. Date of bond must not be prior to date of contract. 2. If Contractor is partnership, all partners should execute bond. 3. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state of Kansas. 4. Accompany this bond with Attorney-in-Fact's Authority from the surety company certified to include the date of the bond. SB-1 Rev. 6/28/12 CITY OF MISSION, KANSAS STATUTORY BOND ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) KNOW ALL MEN BY THESE PRESENTS, that we as Contractor and principal, and a corporation organized under the laws of the State of and authorized to transact business in the State of Kansas, as surety, are held and firmly bound unto the State of Kansas, in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, and our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the said Contractor has on the day of , 20 , entered into an Agreement with the City of Mission, Kansas, a copy of which is attached hereto and incorporated herein for furnishing all tools, equipment, materials, transportation and supplies, performing all labor, and constructing public improvements described in the Agreement and the Contract Documents, all in accordance with Provisions, Specifications, Plans and other Contract Documents on file in the office of the City Clerk of the City of Mission, Kansas. NOW, THEREFORE, if the Contractor or the subcontractors of the Contractor shall pay all indebtedness incurred for supplies, materials, transportation or labor furnished, or equipment used or consumed in connection with or in or about the construction or making of the improvements described in the above-mentioned Contract Documents, then this obligation shall be void; otherwise, it shall remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement and the Contract Documents to the work to be performed thereunder, or the Provisions, Plans and Specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the Agreement, Contract Documents or to the Plans and Specifications. PROVIDED, that it is expressly agreed that this bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the contract price more than 50 percent, so as to bind the Contractor and the Surety to the full and faithful performance of the Agreement as so amended. The term "amendment," wherever used in this bond and whether referring to this bond or the Agreement shall include any alteration, addition, extension or modification of any character whatsoever. The said Surety further agrees that any person to whom there is due any sum for labor furnished, transportation, materials, equipment or supplies used or consumed in connection with or in or about the construction of said public improvement, as hereinbefore stated or said person's assigns, may bring action on this bond for the recovery of said indebtedness within six (6) months from the completion of said public improvement. III-11a-9 SB-2 Rev. 6/28/12 IN TESTIMONY WHEREOF, the said Contractor has hereunto set his/her hand, and the said surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized thereunto so to do, at on this, the day of , 20 . Contractor/Principal ATTEST: By (SEAL) Secretary Title Surety Company By (SEAL) Attorney-in-Fact NOTE: 1. A Statutory Bond is required only in connection with a Contract exceeding one hundred thousand dollars ($100,000.00) in accordance with K.S.A. 60-1111 as amended. 2. Contractor shall be responsible for seeing to it that this Statutory Bond is filed with the Clerk of the District Court for Johnson County, Kansas. 3. Date on bond must not be prior to date of contract. 4. If Contractor is partnership, all partners should execute bond. 5. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state of Kansas. 6. Accompany this bond with Attorney-in-Fact's Authority from the surety company certified to include the date of the bond. L-1 Rev. 6/28/12 CITY OF MISSION, KANSAS LABOR AND MATERIAL PAYMENT BOND ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) KNOW ALL MEN BY THESE PRESENTS, that we as Contractor and principal, and , a corporation organized under the laws of the State of and authorized to transact business in the State of Kansas, as surety, are held and firmly bound unto the City of Mission, Kansas in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, and our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS, the said Contractor has on the day of , 20 , entered into an Agreement with the City of Mission, Kansas, a copy of which is attached hereto and incorporated herein for furnishing all tools, equipment, materials, transportation and supplies, performing all labor, and constructing public improvements described in the Agreement and the Contract Documents, all in accordance with Provisions, Specifications, Plans and other Contract Documents on file in the office of the City Clerk of the City of Mission, Kansas. NOW, THEREFORE, if the Contractor or the subcontractors of the Contractor shall pay all indebtedness incurred for supplies, materials, transportation or labor furnished, or equipment used or consumed in connection with or in or about the construction or making of the improvements described in the above-mentioned Contract Documents, then this obligation shall be void; otherwise, it shall remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement and the Contract Documents to the work to be performed thereunder, or the Plans and Specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Plans and Specifications. PROVIDED, that it is expressly agreed that this bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the contract price more than 50 percent, so as to bind the Contractor and the Surety to the full and faithful performance of the Agreement as so amended. The term "amendment," wherever used in this bond and whether referring to this bond or the Agreement shall include any alteration, addition, extension or modification of any character whatsoever. III-11a-7 L-2 Rev. 6/28/12 IN TESTIMONY WHEREOF, the said Contractor has hereunto set his/her hand, and the said surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized thereunto so to do, at on this, the day of , 20 . Contractor/Principal ATTEST: By (SEAL) Secretary Surety Company By (SEAL) Attorney-in-Fact NOTE: 1. A Labor and Material Payment Bond is required only in connection with a Contract which does not exceed one hundred thousand dollars ($100,000.00). 2. Date on bond must not be prior to date of contract. 3. If Contractor is partnership, all partners should execute bond. 4. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state of Kansas. 5. Accompany this bond with Attorney-in-Fact's Authority from the surety company certified to include the date of the bond. G-i Rev. 9/09/13 ROE AVENUE PAVEMENT REHABILITATION (63rd Street to Johnson Drive) TABLE OF CONTENTS FOR GENERAL CONDITIONS ARTICLE SUBJECT PAGE GC-1 CONTRACT DOCUMENTS/CONTRACT FOR CONSTRUCTION .....................................1 GC-2 DEFINITIONS ......................................................................................................................1 GC-3 DEFECTS IN CONTRACT DOCUMENTS ..........................................................................5 GC-4 BID.......................................................................................................................................5 GC-5 COPIES OF THE CONTRACT ............................................................................................5 GC-6 SCOPE, NATURE AND INTENT OF PLANS AND SPECIFICATIONS ..............................5 GC-7 BEGINNING, PROGRESS AND TIME OF COMPLETION OF WORK ...............................6 GC-8 SHOP DRAWINGS..............................................................................................................7 GC-9 CONTRACTOR'S RESPONSIBILITIES AS TO AMBIGUITIES ..........................................7 GC-10 CONCEALED CONDITIONS.............................................................................................8 GC-11 CONTRACTOR TO FURNISH STAKES AND HELP ........................................................8 GC-12 PRESERVATION OF MONUMENTS AND STAKES ........................................................8 GC-13 PERMITS AND NOTICES .................................................................................................8 GC-14 GENERAL ADMINISTRATION OF THE CONTRACT.......................................................9 GC-15 CONTRACTOR'S EMPLOYEES .......................................................................................9 GC-16 SAMPLES........................................................................................................................10 GC-17 PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY; LIABILITY ........................................................................................................................10 GC-18 WORK IN OR ACROSS STREET OR HIGHWAY RIGHT-OF-WAY...............................12 GC-19 MAINTENANCE OF TRAFFIC ........................................................................................12 GC-20 NOISE CONTROL ...........................................................................................................12 GC-21 DUST CONTROL ............................................................................................................12 GC-22 INSPECTION OF WORK.................................................................................................12 GC-23 SUPERINTENDENCE AND SUPERVISION...................................................................13 GC-24 CONTRACTOR'S OFFICE AT SITE OF WORK .............................................................14 GC-25 CHANGES IN THE WORK ..............................................................................................14 GC-26 DEDUCTIONS FOR UNCORRECTED WORK ...............................................................16 GC-27 DELAYS AND EXTENSION OF TIME.............................................................................16 GC-28 WORK STOPPAGES ......................................................................................................17 GC-29 PATENT LIABILITY CLAUSE..........................................................................................18 GC-30 INDEPENDENT CONTRACTOR.....................................................................................18 GC-31 SEPARATE CONTRACTS ..............................................................................................18 GC-32 RELATIONS WITH OTHER CONTRACTORS................................................................18 GC-33 INDEMNITY .....................................................................................................................19 GC-34 PROTECTION OF PROPERTY/LIABILITY .....................................................................20 GC-35 PROVISION FOR EMERGENCIES.................................................................................20 GC-36 ASSIGNMENT AND SUBLETTING OF CONTRACT......................................................21 GC-37 DISPUTE RESOLUTION.................................................................................................22 GC-38 INSURANCE....................................................................................................................22 GC-39 AUTHORITY AND DUTY OF THE CONSULTING ENGINEER ......................................23 GC-40 CORRECTION OF LABOR, ETC. - BEFORE FINAL PAYMENT....................................24 GC-41 CORRECTION OF LABOR, ETC. - AFTER FINAL PAYMENT.......................................24 GC-42 RIGHT OF CITY TO TERMINATE CONTRACT..............................................................25 GC-43 CITY'S RIGHT TO DO WORK.........................................................................................26 G-ii Rev. 9/09/13 GC-44 PAYMENTS .....................................................................................................................26 GC-45 PAYMENTS WITHHELD .................................................................................................27 GC-46 LIQUIDATED DAMAGES ................................................................................................27 GC-47 BONDS ............................................................................................................................28 GC-48 EASEMENTS AND RIGHTS-OF-WAY............................................................................28 GC-49 UTILITIES ........................................................................................................................29 GC-50 USE OF PREMISES........................................................................................................29 GC-51 ALLOWANCES................................................................................................................29 GC-52 CUTTING, PATCHING AND DIGGING ...........................................................................29 GC-53 CLEANING UP ................................................................................................................30 GC-54 TEMPORARY FACILITIES..............................................................................................30 GC-55 SANITARY REGULATIONS AND WATER .....................................................................30 GC-56 COMPLIANCE WITH LAWS............................................................................................30 GC-57 UNFAVORABLE CONSTRUCTION CONDITIONS ........................................................31 GC-58 CONTRACTOR'S RISK ...................................................................................................31 GC-59 SAFETY RULES..............................................................................................................31 GC-60 WEEKENDS, HOLIDAY AND NIGHT WORK .................................................................32 GC-61 APPROVAL OF EQUALS................................................................................................32 GC-62 TEST OF MATERIALS OFFERED BY CONTRACTOR..................................................32 GC-63 TESTING OF COMPLETED WORK................................................................................32 GC-64 BORROW AND WASTE AREAS.....................................................................................33 GC-65 PARKING AREAS, DRIVES AND WALKS......................................................................33 GC-66 STREET SIGNS AND TRAFFIC AIDS ............................................................................33 GC-67 PLACING WORK IN SERVICE/PARTIAL UTILIZATION ................................................33 GC-68 NON-DISCRIMINATION/OTHER LAWS .........................................................................33 GC-69 FEDERAL LOBBYING ACTIVITIES ................................................................................34 GC-70 RECORDS.......................................................................................................................34 GC-71 TITLES, SUBHEADS AND CAPITALIZATION ................................................................34 GC-72 NO WAIVER OF RIGHTS................................................................................................35 GC-73 SEVERABILITY ...............................................................................................................35 GC-74 GOVERNING LAW ..........................................................................................................35 GC-75 VENUE ............................................................................................................................35 G-1 Rev. 9/09/13 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GC-1 CONTRACT DOCUMENTS/CONTRACT FOR CONSTRUCTION The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract Documents is to include all construction, labor, materials, tools, equipment and transportation necessary for the workmanlike construction of the Project in accordance with the Contract Documents. The Contract Documents shall consist of (but not necessarily be limited to) the Agreement between the City and Contractor (sometimes referred to herein as the "Agreement"), these General Conditions, the Project Special Provisions, the Plans, the Specifications, all addenda issued prior to and all modifications issued after execution of the Contract (modifications consisting of written amendments to the Contract signed by both parties, Change Orders, written interpretations issued by the Consulting Engineer, written orders for minor changes in the Work issued by the Consulting Engineer and changes in the Work identified in Article GC-25), drawings and data which may be furnished by the Contractor and approved by the City, additional drawings which may be furnished by the Architect/Engineer which the Consulting Engineer deems necessary to make clear the intent of the Contract Documents (and, in particular, the Specifications), and the Bidding Documents. It is understood that the Work shall be carried out and the Project shall be constructed fully in accordance with the Contract Documents. It is expressly understood and agreed that the bound volume of Contract Documents, any plans, schedules and other drawings herein referred to, and data which may be furnished by the Engineer as are necessary to make clear the intent of the Specifications and Plans, are each and all included in this Contract and the Work shall be done fully in accordance therewith. If there is any conflict or discrepancy between the Agreement between the City and Contractor and these General Conditions or between the Agreement between City and Contractor and any other of the Contract Documents, the Agreement between City and Contractor shall prevail. If there is any discrepancy between the General Conditions and any other Contract Documents other than the Agreement between City and Contractor, the General Conditions shall prevail, unless such discrepancy is between the General Conditions and the Project Special Provisions, if any, in which case the Project Special Provisions shall prevail. The Contract Documents supersede all previous agreements and understandings between the parties, which previous agreements and understandings are of no further force and effect. The Contract Documents as enumerated herein form the Contract for construction. The Contract may not be amended or modified except by a modification as hereinabove defined. These Contract Documents do not, nor shall they be construed to, create any contractual relationship of any kind between the City and any Subcontractor or remote tier Subcontractor. All time limits stated in the Contract Documents are of the essence of the Contract. GC-2 DEFINITIONS Whenever any word or expression defined herein, or pronoun used in its stead, occurs in these Contract Documents, it shall have and is mutually understood to have the meaning herein given. Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. G-2 Rev. 9/09/13 1. "Bid" shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed (and the City reserves the right to reject any and all bids). 2. "Bidder" shall mean any individual, partnership, corporation, association or other entity submitting a Bid for the Work. 3. "Bidding Documents" shall mean all documents related to a Bidder's submitting a Bid, including, but not limited to, the advertisement for Bids, if applicable, Instructions to Bidders, the Bid form, other sample bidding and contract forms and the proposed Contract Documents, including any addenda issued prior to receipt of Bids. At the City's option, Bidders may be required to complete and submit a prequalification statement. 4. "Bonds" shall mean the Bid, Performance, Maintenance, and Statutory or Labor and Material Payment Bond, together with such other instruments of security as may be required by the Contract Documents. 5. "Change Order" is a written order issued after the Agreement is executed by which the City, the Consulting Engineer and the Contractor agree to construct additional items of work, to modify the Contract Time, or, in lump sum contracts, to change the character and scope of Work shown on the Contract Plans, or as otherwise provided in Article GC-25. Change Orders must be signed by the City and the Contractor to be binding. 6. "City" shall mean the City of Mission, Kansas. 7. “Consultant” or "Consulting Engineer" shall mean the individual, firm or entity designated in the Contract Documents which has been employed by the City for the performance of professional engineering services in connection with the Project; or shall mean the City if the City acts as its own Engineer. 8. "Contract" and "Contract Documents" shall have the meaning ascribed to them in Article GC-1, such terms sometimes being used interchangeably. 9. "Contract Price" shall be the amount identified in the Agreement between City and Contractor as the total amount due Contractor for total completion of the Work as per the Contract Documents. Where the Contract provides that all or a part of the Work is to be Unit Price Work the Contract Price shall initially be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item required for the Work. It is understood and agreed that estimated quantities of items for Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of actual quantities and classifications of Unit Price Work shall be made by the Consulting Engineer. Each unit price shall be deemed to include Contractor's overhead and profit for each separately identified item. 10. "Contract Time" shall be the number of working days stated in the Contract Documents for the completion of the Work or shall be a date certain if so designated in the Contract Documents. 11. "Contractor" shall mean the entity entering into the Contract for the performance of the Work covered by this Contract, together with its duly authorized agents or legal representatives. (For purposes of indemnification, see GC-33 for definition of "Contractor".) G-3 Rev. 9/09/13 12. "Defective Work" shall mean Work which is unsatisfactory, faulty or deficient, or not in conformity with the Contract Documents. It shall also include Work damaged prior to approval of final payment unless responsibility for such damage shall have been expressly assumed by the City at substantial completion. 13. "Effective Date of the Agreement" shall mean the date indicated in the Agreement on which it becomes effective, but, if no such date is indicated, it shall mean the date on which the Agreement is signed and delivered by the City to the Contractor. For this purpose, delivery shall be accomplished by either hand-delivery to the Contractor or placing a copy in the mail, first class, postage prepaid. 14. "Field Order" shall mean a written order issued by the Consulting Engineer which orders minor changes in the Work in accordance with Article GC-25 but which does not involve a change in the Contract Price or Contract Time. 15. "Final Acceptance" shall mean the date when the Consulting Engineer accepts in writing that the construction of the Project is complete in accordance with the Contract Documents such that the entire project can be utilized for the purposes for which it is intended and Contractor is entitled to final payment. 16. "General Requirements" shall mean those provisions of the Specifications which apply to the entire Work. 17. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized by the Consulting Engineer or the City. 18. "Notice of Award" shall mean the written notice by the City to the apparent successful Bidder stating that upon compliance with the conditions precedent enumerated therein, within the time specified, the City will sign and deliver the Agreement. 19. "Notice to Proceed" shall mean the written notice by the City to the Contractor fixing the date on which the Contract Time is to commence and on which the Contractor shall start to perform its obligations under the Contract Documents. Without the prior express written consent of the City, Contractor shall do no Work until the date set forth in the Notice to Proceed. 20. "Partial Utilization" shall mean placing a portion of the Work to be provided under the Contract Documents to the use intended by the City. 21. "Pay Estimate No. " or "Final Pay Estimate" shall mean the form to be used by the Contractor in requesting progress and final payments, including supporting documentation required by the Contract Documents. 22. "Plans" or "the Plans" shall mean and include all drawings which may have been prepared by the City and/or the Consulting Engineer on the City's behalf as a basis for Bids, all drawings (other than Shop Drawings, as defined in Definition No. 23, below.) submitted by the successful Bidder with its Bid or by the Contractor to the City, if and when approved by the Consulting Engineer, and all drawings submitted by the City to the Contractor during the progress of the Work, all of which show the character and scope of the Work to be performed. 23. "Shop Drawings" shall mean all drawings, diagrams, illustrations, schedules and other data which are specifically prepared by the Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information G-4 Rev. 9/09/13 prepared by a manufacturer, fabricator, supplier or distributor and submitted by the Contractor to illustrate material or equipment for some portion of the Work. 24. "Specifications" shall mean those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction methods, standards and workmanship as applied to the Work and certain administrative details applicable thereto. They may include, but not necessarily be limited to: (1) design specifications, e.g. measurements, tolerances, materials, inspection requirements and other information relative to the Work; (2) performance specifications, e.g., performance characteristics required, if any; (3) purchase description specifications, e.g. products or equipment required by manufacturer, trade name and/or type; provided, however, equivalent alternatives (including aesthetics, warranty and manufacturer reputation) may be substituted upon written request and written approval therefore by the City in accordance with Article GC-61; (4) such other information deemed appropriate by the City for inclusion in the Specifications for the proper construction of the Project. 25. "Subcontractor" shall mean an individual, firm or corporation having a direct contract with the Contractor or with another Subcontractor for the performance of a part of the Work. 26. "The Work" or "The Project" (used interchangeably) shall mean the work to be done necessary to complete the construction required of the Contractor by the Contract Documents, and includes all construction, labor, materials, tools, equipment and transportation necessary to produce such construction in accordance with the Contract Documents. 27. "Underground Facilities" shall mean all pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish services or materials including, but not limited to, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 28. "Unit Price Work" shall mean Work to be paid for on the basis of unit prices (quantity variations). 29. Whenever in these Contract Documents the words "as ordered," "as directed," "as required," "as permitted," "as allowed," or words or phrases of like import are used, it is understood that the order, direction, requirement, permission or allowance of the City and/or the Consulting Engineer is intended. 30. Whenever any statement is made in the Contract Documents containing the expression "it is understood and agreed," or an expression of like import, such expression means the mutual understanding and agreement of the parties hereto. 31. The words "approved," "reasonable," "suitable," "acceptable," "properly," "satisfactory," or words of like effect in import, unless otherwise particularly specified herein, shall G-5 Rev. 9/09/13 mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the City and/or the Consulting Engineer. GC-3 DEFECTS IN CONTRACT DOCUMENTS If Contractor has reasonable cause such that it should, in the exercise of ordinary care of someone in its position, know that any errors, omissions, discrepancies or inconsistencies (hereinafter "defects") appear in the Contract Documents, including, but not limited to, the Plans, Specifications and other documents or the Work, Contractor shall, notify the Consulting Engineer in writing of such defects. Contractor shall remedy any such defects whether or not disclosed to the Consulting Engineer without any increase in the cost of the Work. The Contract Documents shall be appended to all contracts between the Contractor and any Subcontractor or any more remote tier Subcontractor, and such Subcontractors and remote tier Subcontractors shall, likewise, notify the Contractor in writing of any defects therein, and it shall be the obligation of the Contractor to remedy same as if Contractor had discovered such defects itself. The Contractor will not be permitted to take advantage of any such defect. GC-4 BID The Contractor acknowledges and agrees that the unit prices and/or lump sum prices shown in the Bid contemplate the construction of all facilities, complete, and in conformance with the Plans and Specifications. Any item or items required in construction for which a specific unit price and/or lump sum price is not provided shall be included in the price for the closest applicable items. GC-5 COPIES OF THE CONTRACT Unless otherwise provided in the Contract Documents, City will furnish to Contractor a maximum of five (5) copies of the Contract Documents, free of charge, necessary for the execution of the Work. Sufficient copies of the Bidding Documents, Bonds and Agreement between City and Contractor shall be prepared, each containing an exact copy of the Contractor's Bid as submitted, the Bonds properly executed and the Contract signed by both parties hereto. These executed counterparts shall be filed with the City, Contractor and the surety company executing the Bonds. The original Bid submitted by the Contractor will be retained by the City. Contractor shall keep, and make available to City at the Project site, one copy of all Contract Documents for the Work at the Project site, in good order and legibly marked to reflect actual construction. Contractor shall also maintain at the site all approved samples and a print of all approved Shop Drawings. Such Documents, samples and Shop Drawings shall be turned over to the City at the completion of the Work if requested by the City. Contract Documents are the property of the City, and none of the Contract Documents are to be used on other work by Contractor. At City's request, all Contract Documents shall be returned to the City with the exception of one record set for Contractor. All models and calculations are the property of City. GC-6 SCOPE, NATURE AND INTENT OF PLANS AND SPECIFICATIONS The Plans and Specifications are intended to complement, but not necessarily duplicate each other. Together they shall constitute one complete set of the Plans and Specifications, and any Work exhibited in one but not in the other shall be executed just as if it had been set forth in G-6 Rev. 9/09/13 both in order that the Work shall be completed according to the complete design or designs as decided and determined by the Consulting Engineer. Should anything be omitted from the Plans and Specifications which is necessary to a clear understanding of the Work, or should it appear that various instructions are in conflict, or in the event the Plans and Specifications are silent as to any detail, then it shall be the duty of the Contractor to secure written instructions from the Consulting Engineer before proceeding with the construction affected by such omissions, discrepancies or silence. In accordance with Article GC-3, Contractor's failure to bring any such matter to the attention of the Consulting Engineer shall be at the Contractor's peril, and there shall be no compensation for extra work necessitated thereby. Dimensions and elevations shown on the Plans shall be accurately followed, even though they may differ from scaled measurements. No Work shown on the Plans, the dimensions of which are not indicated, shall be executed until the required dimensions have been obtained from the Consulting Engineer. Contractor shall be responsible for verification of all locations, dimensions and elevations in the field (including, but not limited to verification of location of Underground Facilities and utilities) and shall verify all field dimensions shown on the Contract Documents. All Work performed under this Contract shall be done to the lines, grades, and elevations shown on the Plans. The Contractor shall keep the Consulting Engineer informed, a reasonable time in advance of the times and places at which it wishes to do Work, in order that lines and grades may be furnished and necessary measurements for record and payment may be made with the minimum of inconvenience and delay to the Consulting Engineer and the Contractor. Any Work done without being properly located and established by base lines, offset stakes, bench marks, or other basic reference points may be ordered removed and replaced at the Contractor's cost and expense. Contractor, together with its Subcontractors, shall carefully examine the Plans and Specifications for any interferences with the Work and clearances that may be required. Contractor shall be responsible for the proper fitting of materials and equipment without substantial alterations. Contractor shall be responsible for eliminating interferences without additional cost to City. If departures from the Plans and Specifications, or other Contract Documents, are deemed necessary by Contractor, details of such departures and reasons therefore shall be submitted to Consulting Engineer, with drawings (if Consulting Engineer determines that drawings are necessary), for approval as soon as practical. No such departure shall be made except at the peril of the Contractor without the prior written approval of the Consulting Engineer. GC-7 BEGINNING, PROGRESS AND TIME OF COMPLETION OF WORK After being awarded the Contract, the Contractor shall immediately prepare and submit for approval by the City Engineer a construction schedule giving the dates on which it expects to start and to complete separate portions of the Work, which schedule shall be strictly adhered to unless agreed to in writing by all parties or modified by any extension or extensions of time as hereinafter provided. The schedule shall be submitted before the Notice to Proceed is issued. No Work on this Contract shall begin until said schedule is approved. The City reserves the right to adjust the Contractor's schedule to coordinate with any other projects in the same area. The Contractor shall, within ten (10) days after being instructed to do so in the written "Notice to Proceed" from the City, commence the Work to be done under this Contract; and the G-7 Rev. 9/09/13 rate of progress shall be such that the Work shall have been completed in accordance with the terms of the Contract on or before the termination of the construction period contractually specified, subject to any extension or extensions of such time made as hereinafter provided. The Contractor shall submit monthly progress reports and schedules. The progress report shall summarize Work completed, identify any weather and/or utility delays encountered, and indicate Work anticipated for the upcoming month. The schedule will be detailed indicating how the remaining Work will be completed within the stated deadlines (the remaining Work shall include identifying/incorporating utility relocation work with the project-related construction work). The progress report and schedule will be required before payment of monthly pay estimates. If requested, a weekly construction schedule shall be submitted to the City and approved by the City Engineer. Modifications and/or revisions to the schedule shall have twenty-four (24) hour notice with approval by the City Engineer. GC-8 SHOP DRAWINGS Contractor shall review, approve, and submit, with such promptness as to cause no delay in its own Work or in that of any Subcontractor or other Contractor, three (3) copies of all shop, fabrication, assembly, foundation and other drawings and schedules required by the Specifications, including, but not limited to: (1) drawings of equipment and devices offered by the Contractor for approval of the Consulting Engineer in sufficient detail to adequately show the construction and operation thereof; (2) drawings showing essential details of any change in design of construction proposed, for consideration by the Consulting Engineer, by the Contractor in lieu of the design or arrangement required by the Contract Documents, or any item of extra work there under; (3) all required wiring and piping layouts; and (4) structural and reinforcing fabrication drawings. All submittals, regardless of origin, shall be stamped with the approval of the Contractor and identified with the name and number of this Contract, Contractor’s name and references to applicable specification paragraphs and Contract drawings. Each submittal shall indicate the intended use of the item in the Work. Contractor’s stamp of approval is representation to the Consulting Engineer, that the Contractor accepts full responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, and similar data, and that he has reviewed or coordinated each submittal with the requirements of the Work and the Contract Documents. All deviations from the Contract Documents shall be identified on each submittal and shall be tabulated in the Contractor’s letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of each deviation). The Consulting Engineer shall review the Shop Drawings for conformance with the design concept of the Work and information as given in the Contract Documents. The Contractor is not relieved of responsibility for any deviation from the requirements of the Contract Documents by the Consulting Engineer’s approval of the Shop Drawings, product data, or samples. The Contractor is not relieved from responsibility for errors or omissions in Shop Drawings by the Engineer’s approval thereof. The Consulting Engineer shall respond to, accept or reject such submissions within a reasonable time after receipt thereof. Contractor shall make such revisions as deemed necessary. On Final Acceptance, the Consulting Engineer shall be furnished with a total of five (5) copies of each drawing as finally approved, such number to include any copies of preliminary or revised drawings which are approved as submitted. No Work shall be performed in connection with the fabrication or manufacture of material or equipment shown by any drawing thereof, nor shall any accessory, appurtenance or device not fabricated or manufactured by the Contractor or its Subcontractors be purchased, until the drawing or drawings therefore have been approved as stipulated, except at the Contractor's own risk and responsibility. G-8 Rev. 9/09/13 GC-9 CONTRACTOR'S RESPONSIBILITIES AS TO AMBIGUITIES If there is any ambiguity in Consulting Engineer's drawings or instructions, Contractor shall ask the Consulting Engineer for clarification. Upon written request of Contractor, the Consulting Engineer shall furnish, with reasonable promptness, additional instructions by means of drawings, Specifications or other information necessary for the proper execution of the Work. The Work shall be executed in conformity therewith, and, in accordance with Article GC-3, Contractor shall do no Work without proper instructions except at its peril. Nothing herein to the contrary shall affect Contractor's responsibilities with regard to defects as set forth in Article GC-3. GC-10 CONCEALED CONDITIONS The Contractor understands that the City does not warrant that the various and sundry materials and information, including, for example, soil tests, bore reports, utility locations and other such data and as-builts in the case of renovation of or addition to existing facilities, reflect actual conditions. The Contractor warrants that it has examined the site and conducted such tests and examinations as it deems necessary. That being the case, should concealed conditions encountered in the performance of the Work below the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, there shall be no adjustment in the Contract Price for any extra work necessitated thereby, although, if necessary, the Contract Time may be adjusted. GC-11 CONTRACTOR TO FURNISH STAKES AND HELP The Contractor, unless otherwise instructed, shall stake the Work and shall furnish, without charge, competent people from its force and such tools, stakes, and other materials as required in properly staking out the Work, in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said Work. The stakes furnished for the staking of the Work shall be of such type, size and quality as t...