WA7008 Hillsdale Water Treatment Plant Roof Replacement Bid Documents.pdf

City of Gardner Utilities Department

WA7008 Hillsdale Water Treatment Plant Roof Replacement Project

Date 9/8/2026

Contact Information:

Lisa Elmore Superintendent (913)-856-7245

Jeff LeMire

Utilities Manager

(913) 856-0980

INVITATION FOR BIDS

Roof Replacement Project

Issue Date: 9/8/2026

Bid Deadline and Opening: 9/24/2026 at 11:00 AM City of Gardner - Utilities Department 1150 E Santa Fe Street Gardner, KS 66030

Contact: Lisa Elmore, Superintendent Phone: 913.856.7245 Email: lelmore@gardnerkansas.gov

Jeff LeMire, Utilities Manager Phone: 913.856.0980 Email: jlemire@gardnerkansas.gov

Description: The City of Gardner is requesting bids from qualified Roofing Contractors for the purpose of a full roof replacement at the Hillsdale Water Treatment Plant located at 22705 Moonlight Road, Spring Hill, Kansas 66083. This work includes the removal of the existing roofing materials down to the deck and installing a new, roughly 15,000 square foot, durable, high-quality, impact-resistant laminated shingle roofing system.

Copies of bid documents can be viewed or purchased for a Non-Refundable fee online 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, 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.

Sealed Bids are due prior to the Bid Deadline indicated above and must be marked “Bid for:

Hillsdale Water Treatment Plant Roof Replacement, Project No. WA7008.

Any Bid received after the designated closing time will be returned to Bidder unopened.

No oral, telegraphic, facsimile or telephonic Bids or Bid alterations or corrections will be considered.

The City reserves the right to accept or reject any and all Bids and to waive any technicalities or irregularities therein. Bids may only be withdrawn or corrected pursuant to the provisions of K.S.A.

75-6902, as amended, et seq. Bids may be modified or withdrawn by written request of the Bidder if such requests are received in the office of the City Clerk, prior to the time and date for Bid opening.

The project qualifies for sales tax exemption for purchasing materials and supplies.

www.drexeltech.com mailto:distribution@drexeltech.com

TABLE OF CONTENTS

Roof Replacement Project

INVITATION FOR BIDS

INSTRUCTIONS TO BIDDERS……………….……………………………………………………… 1

TERMS & CONDITIONS…………….…………………………………………………………... 7

AGREEMENT...………………………..…………………………………………………….………

GENERAL CONDITIONS ………………………………………………………...………………… 28

SPECIAL CONDITIONS ………………………………………………………...………………….. 43

MEASUREMENT AND PAYMENT………………………………..……………………………..… 44

MATERIAL REQUIREMENTS……………………………………………………………………

PROPOSER’S AFFIDAVIT……………………………………………….…………………….…... 47

BID FORM……………………………………………………………….……………………………. 48

BIDDER’S QUALIFICATION……………...…………………………….………………………….. 51

SUBCONTRACTOR’S QUALIFICATION……………..…………….…………………………….. 53

CERTIFICATE OF NONDISCRIMINATION………………………………………….…………

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER……………………………………………... 56

BOND FORMS

BID BOND…………………………………………………………………………….…….……. 57

MAINTENANCE BOND………………………………………………………………….….….. 58

PERFORMANCE BOND…………………………………………………………………….…. 60

STATUTORY PAYMENT BOND……………………………………………………..…….…. 62

INSTRUCTIONS TO BIDDERS

Roof Replacement Project

A. General Statement:

The Bidder shall submit all bids on the forms provided as part of these Bid Documents and in compliance with these Instructions. All appropriate blanks shall be filled in and the appropriate individual on behalf of him/herself or the entity submitting the bid shall sign the Bid Proposal. Each bid must be enclosed in a sealed envelope plainly marked “Hillsdale Water Treatment Plant Roof Replacement, Project No. WA7008”. Pursuant to the Notice to Bidders, Bids shall be addressed to “City of Gardner, Kansas, Attention: “Jeff LeMire”.

B. Bidding Documents:

1. Bidding Documents and Plans may be obtained from:

Drexel Technologies www.drexeltech.com 10840 W. 86th Street Lenexa, KS 66214

2. Complete sets of Bidding Documents shall be used in preparing Bids. Bidding documents consist of the Bid, Contract, and any Plans or other supporting documentation.

3. Neither the City, nor any employee, nor any entity in contract with the City, assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

4. The City, in making copies of the Bid 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.

5. Bids shall include furnishing all labor, materials, equipment and performing the Work for the project in strict accordance with the Bidding Documents and any Addenda.

C. Inquiries:

Inquiries regarding the project should be directed to:

Lisa Elmore Superintendent

(913) 856-7245 lelmore@gardnerkansas.gov

Jeff LeMire Utilities Manager

(913) 856-0980 jlemire@gardnerkansas.gov

The City’s representative for the duration of this project is:

Lisa Elmore Superintendent

(913) 856-7245 lelmore@gardnerkansas.gov www.drexeltech.com mailto:lelmore@gardnerkansas.gov mailto:jlemire@gardnerkansas.gov mailto:lelmore@gardnerkansas.gov

D. Project Timeline:

The following dates are provided in addition to those previously stated to help interested Bidders in planning participation in the project herein. The dates listed, however, are in no way guaranteed and are subject to change without notice.

Bid Issue Date 9/8/2026 Bid Opening 9/24/2026 at 11:00 AM Utility Advisory Commission 10/1/2026 City Council Meeting 10/19/2026 Project Completion 30 Calendar Days

E. Bidders Representation:

In order to induce the City to accept their Bid, in addition to and not in lieu of any other representations and warranties contained in the Bidding Documents, the Bidder represents and warrants the following to the City:

1. The Bidder and their subcontractors are financially solvent and possess sufficient working capital to complete the Work and perform all obligations hereunder;

2. The Bidder is able to provide the tools, materials, supplies, equipment, and labor required to complete the Work and perform the Bidder’s obligations hereunder;

3. The Bidder is now and will continue to be authorized to do business in the State of Kansas, and is now and will continue to be properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Bidder and over the Work and the Project;

4. The Bid and execution of the Bidding Documents and the Bidder’s performance thereunder are within the Bidder’s duly authorized powers;

5. The Bidder has made an exhaustive study of the Bidding Documents; understands the terms and provisions thereof; has sought or will timely seek any and all necessary clarifications prior to submitting the Bid and that the Bid is made in accordance with the foregoing;

6. The Bidder has visited the project site and is completely familiar with any local and special conditions under which the Work is to be performed and has correlated such knowledge with the requirements of the Bidding Documents;

7. The Bid is based upon the materials, systems, and equipment described in the Bidding Documents without exception;

8. The Bidder certifies that his bid is submitted without collusion, fraud, or misrepresentation as to other Bidders, so that all bids for the project result from a free, open and competitive bidding environment;

9. The Bidder possesses a high level of experience and expertise in the business administration, management, and superintendence of projects of the size, complexity, and nature of this particular project, and that the Bidder will perform the Work with care, skill and diligence of such a Contractor;

10. The Bidder acknowledges that the City is relying upon this Bidder’s skill and experience in connection with the Work being bid herein;

11. That complete sets of Bidding Documents were used in preparing the bid and that the City is not responsible for errors or misinterpretations resulting from the use of incomplete sets of such documents.

F. General Instructions:

1. The foregoing warranties are in addition to, and not in lieu of (A) any and all other liability imposed upon the Contractor by law with respect to the Contractor’s duties, obligations, and performance of the Work and, (B) any and all other warranties, representations and certifications made in the Bidding Documents. The Contractor’s liability hereunder shall survive the City’s final acceptance of and payment for the Work. All representations and warranties set forth herein and in the Contract Documents shall survive the final completion of the Work or the earlier termination of this Agreement.

2. Any or all Bidders may be required by the City to furnish information to support the Bidder’s capability to fulfill the Contract if awarded the Contract. Such information does not need to be submitted with the Bid, but may be requested at the City’s option. Such information may include, but not be limited to, the following:

i. Proof of registration with the Kansas Director of Taxation (K.S.A. 79-1009).

ii. Proof of registration with the Kansas Secretary of State.

iii. List of projects of similar size and type the Bidder has constructed or in which the

Bidder has been engaged in a responsible capacity.

iv. Evidence the Bidder maintains a permanent place of business.

v. A current financial statement.

3. Examination: Before submitting a Bid, each Bidder shall examine carefully all documents pertaining to the work and visit the site to fully inform himself of the condition of the site and the conditions and limitations under which the work is to be performed.

4. Submission of a Bid will be considered presumptive evidence that the Bidder has fully informed himself of the conditions of the site, requirements of the Contract Documents, and of pertinent national, state and local codes and ordinances, and that the Bid made allowances for all conditions, requirements and contingencies.

5. Bidder requiring clarification or interpretation of the Bidding Documents shall make such requests (in writing only) of the Project Manager at least seven (7) days before the date for receipt of bids.

G. Addenda:

1. Any interpretations, corrections or changes to the Bidding Documents will be made by

Addenda.

2. Written Addenda will be distributed on-line through www.drexeltech.com to all plan holders registered with Drexel Technologies.

3. Copies of written Addenda will be made available for inspection wherever Bidding

Documents are on file for that purpose.

4. Addenda will be issued no later than four days prior to the date for receipt of Bids, except an addendum withdrawing the request for Bid Proposals, or one, which includes postponement of the date for receipt of Bid Proposals.

5. Each Bidder shall ascertain prior to submitting his Bid that he has received all written addenda issued, and he/she shall acknowledge its receipt in his Bid.

H. Substitutions:

1. Each Bidder represents that his bid is based upon materials and equipment described in the bidding documents.

2. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the City at least seven (7) days prior to the date of the Bid opening.

3. 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.

http://www.drexeltech.com/

4. A statement setting forth any changes in other materials, equipment or other Work that incorporation of the substitute would require shall be included.

5. The burden of proof of the merit of the proposed substitute is upon the proposer.

6. The City’s decision of approval or disapproval of a proposed substitution shall be final.

7. If the City approves any proposed substitution, such approval will be set forth in a written addendum. Bidders shall not rely upon approvals made in any other manner.

8. No substitution will be considered after the Contract award unless specifically provided in the Contract Documents.

I. Preparation of Bids:

1. Bids shall be made upon the form provided in these Bidding Documents.

2. All blanks must be filled in with ink or type. Blanks left on the Bid form may cause a bidder to be disqualified. The completed form shall be without alteration or erasure.

3. If a bid on all alternates is not required for alternate items, a written indication of “no Bid” on the Bid form is required.

4. Amounts shall be expressed in both words and figure, and in case of discrepancy between the two, the amount in words shall govern.

5. Sign Bid form in longhand, with name typed below signature. Where Bidder is a Corporation, Bids must be signed with the legal name of the Corporation, followed by the legal signature of an officer authorized to bind the Corporation to a contract.

J. Submission:

Provide one (1) original and one (1) copy of the Bid, Bid Security and other documents required to be submitted with the Bid Package shall be enclosed in a sealed envelope with the notation “Bid Enclosed” on the face thereof and plainly marked “Bid for: Hillsdale Water Treatment Plant Roof Replacement, Project No. WA7008”

Pursuant to the Invitation for Bids, Bid packages shall be addressed and submitted/delivered to:

Attention: Jeff LeMire City of Gardner, Kansas - Utilities Department 1150 E. Santa Fe Street Gardner, KS 66030.

K. Modification and Withdrawal:

Bids may only be withdrawn or corrected pursuant to the provisions of K.S.A. 75-6901, as amended, et seq.

L. Consideration of Bids/Selection Process:

1. The City reserves the right to reject any and all Bids; to waive any and all technicalities, irregularities and formalities; to negotiate contract terms with the successful Bidder; and the right to disregard all non-conforming, non-responsive or conditional Bids.

2. In evaluating Bids and determining the lowest responsible Bidder, City shall consider qualifications of the Bidders.

3. Each Bidder shall submit on a form provided for that purpose, a Statement of Bidder’s Qualifications, when required by the City.

4. The City may consider the qualification and experience of Bidders and subcontractors and other persons and organizations, including suppliers, proposed to be involved in the project.

Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the City.

5. The City may conduct any such investigation it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed subcontractors and other persons, organizations and suppliers, to do Work in accordance with the contract documents to the City’s satisfaction within the prescribed time.

M. State of Kansas Preference

1. State law, K.S.A. 75-3740a, requires that, to the extent permitted by federal law and regulations when letting contracts for Bids, the City must require any Bidder domiciled outside the state of Kansas to submit a Bid the same percent less than the lowest Bid submitted by a responsible Kansas Bidder as would be required of such Kansas domiciled Bidder to succeed over the Bidder domiciled outside Kansas on a like contract let in the foreign Bidder’s domiciliary state.

2. All Bidders domiciled outside of the State of Kansas shall furnish City with a copy of their state’s preferential Bidding statutes and the applicable percent received by in-state Bidders from the state in which the contract is located.

N. Subcontractors

1. The Contractor shall not award subcontracts, which total more than forty-five percent (45%) of the contract and shall perform, within its organization, work amounting to not less than fifty-five percent (55%) of the total contract price.

2. The Contractor shall submit the names of subcontractors for approval by the City prior to award of the contract.

O. Award of Contract:

1. The contract will be awarded to the lowest responsive, responsible Bidder as determined by the City and shall be required to enter into a contract with the City.

2. If the contract is awarded, the City will give the successful Bidder a Notice of Award within thirty (30) calendar days after the day of the Bid opening.

P. Notice To Proceed:

1. No work shall commence until the City issues a Notice To Proceed, and a Notice To Proceed will not be issued until all of the following are delivered to the City.

i. The Contract signed by the representative with authority and ability to do so.

ii. Bonds with the attached powers of attorney.

iii. Certificate of Insurance listing the City as Additional Insured.

iv. Certificate of Nondiscrimination.

v. List of subcontractors and suppliers.

vi. Corporate Resolution of authority to sign and deliver the Contract Documents, executed by the Corporation’s Secretary or Assistant Secretary and dated prior to all other submittals.

vii. Domestic (Kansas) corporations shall furnish evidence of good standing in the form of a Certificate signed by the Kansas Secretary of State.

viii. Foreign (non-Kansas) corporations shall furnish evidence of authority to transact business in Kansas, in the form of a Certificate signed by the Kansas Secretary of State.

ix. Construction schedule with major milestones.

2. Such documents must be delivered with ten (10) days of the City’s written notification to the successful Bidder. If they are not delivered within such time then the Bidder will be deemed to have abandoned its contract with the City, and the City will award a contract to the next lowest and best Bid.

3. The successful Bidder shall not make claim either for time or money against the City for labor or materials performed or delivered prior to issuance of the Notice to Proceed.

4. The City’s responsibility to issue a Notice to Proceed is expressly conditioned on the Contractor’s timely execution and delivery prior to issuance of the Notice to Proceed.

Q. Payment by City:

1. Payments by the City may be made using any of the following methods of payment, in its sole discretion:

i. ACH or wire transfer

ii. Check – checks will be mailed to the Contractor’s place of business

iii. Credit/Purchasing Card for payments under $1,000

2. The successful bidder will be required to submit financial information as required by the City to enable the use of the aforementioned payment methods and to enable the City to properly report such payments as required by federal law.

R. Project Completion:

Upon satisfactory completion of the Contract, a formal Certificate of Completion will be forwarded to the Contractor by the City. The date of substantial completion of the Project will be the starting date of the guarantee period.

S. Indemnity/Hold Harmless Agreement:

The Contractor agrees to protect, defend, indemnify, and hold harmless the City of Gardner and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, claims, costs, charges for other expenses, or liabilities of every and any kind including attorney fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder.

T. Open Record:

Sealed bids received by the City pursuant to this solicitation will be temporarily exempt from disclosure in accordance with the Kansas Open Records Act. Thereafter, bids will be open for inspection by any person pursuant to the Kansas Open Records Act.

U. Taxes:

The City of Gardner, as an agency of the State of Kansas, is exempt from paying Kansas sales or use tax per K.S.A. 79-3606 (b), as well as contractors hired by the City who purchase tangible personal property for the use in constructing, equipping, reconstructing, maintaining, repairing, enlarging, furnishing or remodeling facilities for the City. The successful bidder shall be required to comply with K.S.A. 79-3606, as amended. The City’s tax-exempt status is valid only when items purchased outside the State are delivered within the State of Kansas.

V. All Work:

Shall be in accordance with all Federal and State Laws, Local Ordinances and Building Codes, and the Americans with Disabilities Act, as amended.

TERMS & CONDITIONS

A. Bid Guarantee:

1. Bid Security is required in the amount of at least five (5%) of the Bid plus all add Alternates.

Bid Security can be in the form of certified or Cashier’s Check or Bid Bond acceptable to the City of Gardner, Kansas. Checks are to be made payable to the City of Gardner, Kansas and drawn on a solvent Kansas bank or trust company.

2. Bid Bonds shall be written by a bonding agency approved by the United States Treasury Department and licensed to do business in the State of Kansas.

3. The amount of said Bid Security may be retained by and forfeited to the City of Gardner, Kansas as liquidated damages, if such proposal is accepted, the Contract awarded, and the Bidder fails to enter into a Contract in the form prescribed, with the required bonds, within ten (10) days after such award is made by the City of Gardner, Kansas.

4. The City of Gardner, Kansas reserves the right to retain the Bid Security of the three (3) lowest Bidders until the successful Bidder has entered into an agreement or until thirty (30) calendar days after Bid opening, whichever is the shorter period. All other Bid Securities will be returned as soon as possible.

B. Bonds:

1. Performance Bond, Maintenance Bond and Statutory Payment Bond shall be furnished to the City, by the Contractor, for all contracts over $100,000, in an amount equal to 100 percent of the Contract sum.

2. The Statutory Payment Bond shall be filed in the office of the District Court of Johnson County. Contractor shall provide the City with a certified copy of said statutory bond as so filed.

3. Bonds furnished shall be written by a surety approved by the U.S. Treasury Department and licensed to do business in the State of Kansas. No work shall commence until bonds are in force.

4. Power of Attorney for the surety company agent must accompany each bond issued, and must be certified to include the date of the bonds.

5. Cost of the bond shall be included in the bid and paid for by the Contractor.

C. Insurance:

Any bidder receiving an award shall be required to provide proof of this insurance, in the form of a Certificate of Insurance, listing the City of Gardner as an additional insured. The following insurance(s) shall be required:

Workers’ Compensation and Employer’s Liability – Demonstrate compliance with K.S.A.

44-532(b) including maintenance of insurance providing the statutory limits under the Kansas Workers Compensation Act; 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 a worker’s compensation law. This policy shall include an “all states” endorsement.

Commercial General Liability for bodily injury and property damage liability claims with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial Automobile Liability for bodily injury and property damage with limits of not less than $1,000,000 each accident for all owned, non-owned and hired automobiles.

Additional Insurance - The Contractor shall be required to purchase an Owner's Protective Liability Insurance Policy, issued on an occurrence basis and covering bodily injury (and death) and property damage, naming the City as named insured. The liability limits shall be as stated in the Instructions to Bidders or in the Special Conditions. The original policy shall be placed on file with the City and maintained during the life of the Contract. Such policy shall contain no exclusion relative to any function performed by the City or its employees and agents in connection with the Work.

Special Hazards - Additional insurance covering special hazards may be required on certain projects. Such additional insurance requirements shall be as specified in Instructions to Bidders or Special Conditions

D. Taxes:

It is the intent of the City to supply the Contractor with a Sales and Compensating Tax Exemption Certificate for use in purchasing materials and supplies used on qualifying projects. Qualifying projects will be identified in the Notice to Bid.

1. The Contractor shall, in preparing his proposal, omit from his computed costs all sales and service taxes for qualifying projects.

2. The Contractor will be furnished a copy of the Project Completion Certification.

3. 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.

4. Final payment may be held by the City until the City has received the two Project

Completion Certifications from the Contractor along with a Consent.

E. Term of Contract:

This contract shall commence the day after date of award by the City unless otherwise stipulated in the Notice of Award Letter. The contract shall remain in effect as reflected on the Bid Form.

F. Completion Time:

Substantial completion shall be achieved within 30 calendar days from the date established in the Notice of Award.

Final completion shall be achieved within 7 calendar days thereafter and upon receiving punch list of incomplete items to complete the WA7008 Hillsdale Water Treatment Plant Roof Replacement Project as intended by the contract documents.

AGREEMENT BETWEEN CITY AND CONTRACTOR

This agreement [“Agreement”], is made as of this _______ day of ___________, 2026 by and between the City of Gardner, Kansas, [hereinafter “City”], and ________________________, [hereinafter referred to as “Contractor”] for the construction of the following described work known as City of Gardner Project: Hillsdale Water Treatment Plant Roof Replacement Project No.

WA7008.

RECITALS

WHEREAS, the City desires to construct and complete Hillsdale Water Treatment Plant Roof Replacement Project No. WA7008.

WHEREAS, the City has caused to be prepared, in accordance with the law, Notice to Bidders, Instructions to Bidders, Bid, this Agreement, General and Special Conditions, Plans, Specifications and other Contract Documents (the “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 known as WA7008 Hillsdale Water Treatment Plant Roof Replacement Project and has duly awarded to the Contractor a contract therefore upon the terms and conditions set forth in this Agreement for the sum or sums named in the Bid attached to and made a part of this Agreement.

WHEREAS, in the judgment of the City of Gardner, it is necessary and desirable to employ the services of Contractor for WA7008 Hillsdale Water Treatment Plant Roof Replacement Project.

NOW, THEREFORE, in consideration of the compensation to be paid the Contractor, foregoing recitals and the mutual covenants contained herein, the parties hereto agree as follows:

AGREEMENT

1.0 Work to be Performed. The Contractor will furnish at his own cost and expense all labor, tools, equipment, materials and transportation required to construct and complete the work designated, described and required by the Bid Documents and Contract Documents for City of Gardner Project, WA7008 Hillsdale Water Treatment Plant Roof Replacement Project. All terms used herein shall have the meanings ascribed to them in the General Conditions unless otherwise specified.

1.1 Contractor’s Work. The Work to be performed by Contractor under this Agreement is as described in the Bid Documents, attached and incorporated by reference.

1.2 Performance Standard. Contractor represents to City that Contractor is professionally qualified to do this Project and if required, is licensed to practice the Work being offered by all public entities having jurisdiction over Contractor and the Project. Contractor specifically acknowledges and confirms that: 1.) Contractor has visited the site, made all inspections Contractor deems appropriate and has read and fully understands the Contract Documents, including all obligations and responsibilities undertaken by Contractor as specified herein and in the other Contract Documents and knowingly accepts same; 2.) Contractor has furnished copies of all Contract Documents to Contractor’s insurance carrier(s) and its surety(ies); and 3.) Contractor’s insurance carrier(s) and surety(ies) agree to be bound as specified in this Agreement, in the Contract Documents, as set forth in the insurance policy(ies) and bonds pertaining to liability and surety coverage.

1.3 Assigned Personnel.

a. Contractor shall only assign competent personnel to perform work hereunder. In the event that at any time City, in its sole discretion, desires the removal of any person or persons assigned by Contractor to perform work hereunder, Contractor shall remove such person or persons immediately upon receiving written notice from City.

b. With respect to this Agreement, the Contractor shall employ the following key personnel: _______________________________________.

c. In the event that any of Contractor’s personnel assigned to perform Work under this Agreement become unavailable due to resignation, sickness or other factors outside of Contractor’s control, Contractor’s shall be responsible for timely provision of adequately qualified replacements.

d. The Contractor shall designate ____________________________ as Principal on the Project. As principal on this project, this person shall be the primary contact with the Project Representative and shall have authority to bind Contractor. So long as the individual named above remains actively employed or retained by Contractor, he/she shall perform the function of principal on the Project, unless otherwise agreed to in writing signed by both parties. The Contractor will supply a direct name, phone number and email and will notify the City if this contact information changes during the contract period.

f. City shall designate Lisa Elmore, Superintendent, as the Project Representative to represent the City in coordinating this project with Contractor, with authority to transmit instructions and define policies and decisions of City. The written consent of the Department Director, and if applicable, City Administrator and/or Governing Body, shall be required to approve any increase in Project cost.

2.0 Commencement of Contract Time; Notice to Proceed.

2.1 The Contract Time will commence on the date stated in the Notice to Proceed. No

Work shall be done at the site prior to issuance of a Notice to Proceed.

2.2 Before a Notice to Proceed will be issued, Contractor shall deliver to City certificates of insurance and such bonds as are required pursuant to the terms of this Agreement and the Contract Documents.

2.3 Before Contractor commences Work, a Pre-Construction Conference shall be held to review the progress schedules, to establish procedures for handling Shop Drawings and other submittals, and to establish a working understanding among the parties as to the Work to be performed pursuant to the terms of this Agreement and the Contract Documents.

3.0 Time of Performance.

3.1 Unless otherwise provide in this Agreement, Contractor shall commence Work upon the date stated in the Notice to Proceed, and will complete all Work covered by this Agreement and the Contract Documents within the time specified on the Notice to Proceed. Time is of the essence.

3.2 Progress Schedule

Within ten (10) days after the Effective Date of this Agreement and prior to commencing the Work, Contractor shall submit to City an estimated progress schedule indicating the starting and completion dates of the various phases of the Work, including the projected cost of each phase. The cost projection may serve as the basis for Progress Payments during the Work.

3.3 Computation of Time. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. A calendar day of 24 hours measured from midnight to the next midnight shall constitute a day.

3.4 Changes in Contract Time. The Contract Time may only be changed by a Change Order. Any claim for an extension or shortening of the contract time shall be based on written notice delivered by the party requesting the change to the other party promptly and stating the general nature of the claim. A written claim with supporting data shall be delivered within thirty (30) days after such occurrence (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by the Engineer.

Consideration may be given to requests for extensions of time due to inclement weather. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph. In executing this Agreement, Contractor expressly covenants and agrees that, in undertaking to complete the Work within the time therein fixed, it has taken into consideration and made allowances for all hindrances and delays incident to such Work, whether growing out of delays in securing materials, workers, weather conditions, or otherwise.

3.5 Damages for City Delay. If Contractor shall be delayed at any time in the progress of the Work by any act or omission of City or by any separate contractor employed by City, and over which Contractor has no control, then the Contract Time shall be extended by written Change Order for such reasonable time as City may decide, and no adjustment shall be made in the Contract Price.

3.6 Work Stoppage. Contractor warrants to City that there will be no Work stoppages or interruptions arising out of labor disputes, including, but not limited to, those due to the presence of both union and nonunion workforces at the Project site.

Contractor further agrees that in the event of any strike, picket, sympathy strike, work stoppage or other form of labor dispute or picket in connection with the work of Contractor, other contractors, subcontractors, City, or any other person, Contractor will, contingent upon City providing a picket free entrance, continue to perform the Work required herein without interruption or delay.

3.7 Liquidated Damages.

a. Due to the critical nature of this project, liquidated damages resulting from failure to meet the completion date, shall be charged against the Contractor at a rate of per the following schedule:

CONTRACT AMOUNT LIQUIDATED DAMAGES

$0 to $25,000 $75

$25,001 to $50,000 $125 $50,001 to $100,000 $200

$100,001 to $500,000 $400 $500,001 to $1,000,000 $600

$1,000,001 to $2,000,000 $925 $2,000,001 to $5,000,000 $1,375 $5,000,001 to $10,000,000 $2,000

$10,000,001 and up $3,000

The amount shown above shall be the sum due for each 24-hour calendar day, including weekends and holidays, on the full bid price of the Contract for each day completion is not made in accordance with the project schedule. The assessed amount shall be deducted from the final invoice(s).

b. Damages are only a reasonable estimate of City’s damages due to loss of public use during any delay period.

c. The City shall have the right to deduct the liquidated damages due to the public's loss of use of the project, and the City’s actual costs to continue administration of the construction and the contract, from any monies due or any monies that may become due to the Contractor.

4.0 Payment.

4.1 City agrees to pay Contractor for the actual work performed in accordance with this

Agreement and the Contract Documents on the Project at the rates set forth in the Bid Form, which is attached hereto and incorporated by reference into this Agreement, the total of which shall not exceed a maximum total fee of $_________.

4.2 Contractor shall bill City monthly for all work performed. The bill submitted by Contractor shall itemize the work for which payment is requested. City agrees to pay Contractor within thirty (30) days of approval. Contractor agrees to submit herewith such financial information as shall be required by City to enable the City to properly report such payments as required by state or federal law. City will pay or cause to be paid an amount equal to the estimated value of the Work performed less a retained amount in accordance with the following schedule:

1) Ten (10) percent until construction is substantially complete;

2) When the Work is substantially complete, the retained amount may be reduced to a lesser amount at the discretion of the Engineer.

4.3 All invoices should be sent to Lisa Elmore, Superintendent.

4.4 Right to Withhold Payment:

City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to Contractor, to protect City from loss because of:

1) Defective Work not remedied by Contractor nor, in the opinion of City, likely to be remedied by Contractor;

2) Claims of third parties against City or City's property;

3) Failure by Contractor to pay Subcontractors or others in a prompt and proper fashion;

4) Evidence that the balance of the Work cannot be completed in accordance with this Agreement for the unpaid balance of the Contract Price;

5) Evidence that the Work will not be completed in the Contract Time required for substantial or final completion;

6) Persistent failure to carry out the Work in accordance with this Agreement;

7) Damage to City or a third party to whom City is, or may be, liable; or

8) Conditions unfavorable for the prosecution of Work, or because of conditions which, in the opinion of the Engineer, warrant such action.

5.0 Substantial Completion.

5.1 When Contractor considers the entire Work ready for its intended use and all final restoration and testing is complete, Contractor shall notify City in writing that the entire Work is substantially complete and request that the Engineer issue a statement of Substantial Completion. Within a reasonable time thereafter, City and Contractor shall observe the Work to determine the status of completion. If City does not consider the Work substantially complete, City will notify Contractor in writing, giving its reasons therefore. If City considers the Work substantially complete, City will prepare a tentative statement of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the statement a tentative list of items to be completed or corrected before Final Payment. This list shall be called a Punch List. The statement shall state the responsibilities of City and Contractor for maintenance, utilities, damage to the Work and insurance if any of these items shall be treated differently upon Substantial Completion and shall further state the time within which Contractor shall complete the items on the Punch List attached thereto.

5.2 City shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but City shall allow Contractor reasonable access to complete or correct items on the Punch List.

6.0 Partial Utilization of Work by City.

Use by City of any finished part of the Work, which has specifically been identified in the Contract Documents, or which City and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City without significant interference with Contractor's performance of the remainder of the Work shall be permitted. Such use and operation shall not constitute an acceptance of the Work, and Contractor shall be liable for defects due to faulty construction until the entire Work under this Agreement is finally accepted and for a period of two (2) years or longer thereafter as stipulated in these Contract Documents or by other law or regulation.

7.0 Completion and Final Payment.

7.1 Upon written notice from Contractor that Work or an agreed portion thereof is complete, Engineer will make a final inspection with Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies.

7.2 If a repeat final inspection(s) is required, Contractor shall bear the cost of such repeat inspection, if any, including engineering and other professional fees. After Contractor has completed all such corrections and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents - all as required by the Contract Documents, and after Engineer has indicated that the Work is complete, Contractor may make application for Final Payment request following the procedure for progress payment requests.

7.3 The Final Payment requests shall be accompanied by all documentation called for in this Agreement and the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to City) of all liens arising out of or filed in connection with the Work. In lieu thereof and as approved by City, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which City or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to Final Payment. If any Subcontractor or supplier fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to City to indemnify City against any lien.

7.4 If, on the basis of Engineer's observation of the Work during construction and final inspection, he determines that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Final Payment certificates together with acceptance certificates will be submitted for payment.

8.0 Cash Basis and Budget Laws.

The right of the City to enter into this Agreement is subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A. 79-2935), and other laws of the State of Kansas. This Agreement shall be construed and interpreted so as to ensure that the City shall at all times stay in conformity with such laws, and as a condition of this Agreement the City reserves the right to unilaterally sever, modify, or terminate this Agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such laws, or if mill levy funds generated are less than anticipated.

9.0 Term of Agreement.

In the event that the Work rendered under this Agreement may extend beyond any one budget year, the continuation of this Agreement from year to year is contingent upon the approval of sufficient budgetary authority for the continuation of this Agreement by the governing body of the City in the establishment of its annual budget.

10.0 Warranty and Defective or Unacceptable Work.

Contractor warranties and guarantees to City that all Work will be in accordance with the Contract Documents and will not be Defective or otherwise unacceptable. All Work which does not conform to the requirements of the Contract Documents shall be considered unacceptable. Defective Work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist within the two

(2) year warranty period or such longer time as may be permitted by law, shall be removed immediately and replaced in an acceptable manner. This provision shall have full effect regardless of the fact that the Defective Work may have been done or the defective materials used with the full knowledge of City. No inspection by City of the Work nor Final Acceptance of the project by City shall relieve Contractor of its responsibility to perform pursuant to the Contract Documents and provide acceptable Work. If Contractor fails to remove Defective Work within seven (7) days after written notice, the rejected material or Work may be removed and corrected by City pursuant to the provisions of the Contract Documents permitting City to correct the Defective Work.

11.0 Suspension of Work.

City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to Contractor which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will not be allowed an increase in the Contract Price or an extension of the Contract Time, if such suspension is made as a result of an act or omission of

Contractor including but not limited to the occurrence of any one or more of the following events:

1. If Contractor fails to supply a qualified superintendent, sufficient skilled workmen, Subcontractors, or suitable materials or equipment;

2. If Contractor repeatedly fails to make prompt payments to Subcontractors or suppliers or for labor, materials, or equipment;

3. If Contractor disregards Laws and Regulations of any public body having jurisdiction; or

4. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, City shall have authority to suspend the Work wholly or in part, for such period of time as it may deem necessary, due to conditions unfavorable for the prosecution of the Work, or to conditions which in his opinion warrant such action, or for such time as is necessary by reason of failure on the part of Contractor to carry out orders given, or to perform any or all provisions of the Contract.

If it becomes necessary to suspend Work for an indefinite period of time, Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily or become damaged in any way; take every precaution to prevent damage or deterioration of the Work performed; provide suitable drainage of the roadway and erect temporary structures and protective barriers where necessary. Contractor shall not suspend Work without written authority from City.

12.0 Termination.

12.1 Right of City to Terminate Contract.

a. Without in any manner limiting the right of City to terminate the Contract or declare Contractor in default thereof for any reason set forth in this Agreement or the Contract Documents, if:

12.1.a.1 the Work to be done under this Agreement shall be abandoned by Contractor; or 12.1.a.2 this Contract shall be assigned by Contractor otherwise than as herein provided; or 12.1.a.3 Contractor should be adjudicated to be bankrupt; or 12.1.a.4 a general assignment of its assets should be made for the benefit of its creditors; or 12.1.a.5 a receiver should be appointed for Contractor or any of its property; or 12.1.a.6 at any time City believes that the performance of the Work under this Contract is being unnecessarily delayed, that Contractor is violating any of the conditions or covenants of this Agreement or the specifications therefore, that it is executing the same in bad faith or otherwise not in accordance with the terms of said Contract; or

12.1.a.8 all bid items of the Project are not completed within the Contract Time named for their completion or within the time to which such completion date may be extended;

then, in addition to other rights City may choose to exercise, City may, at its option, serve written notice upon Contractor and its surety of City's intention to terminate this Agreement, and, unless within five (5) days after the serving of such notice upon Contractor, a satisfactory arrangement is made for the continuance thereof, this Contract shall cease and terminate.

b. Whether or not a satisfactory arrangement has been proposed by the Contractor shall be in the sole discretion of the City. In the event of such termination, or in the event that Contractor fails to perform and abide by any obligation set forth herein in any respect, City shall…