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Home My WebLink AboutR-2012-124 License and Indemnity Agreement with Apac-Kansas, Inc RESOLUTION NO. R-2012-124 A RESOLUTION AUTHORIZING, RATIFYING AND CONFIRMING EXECUTION OF A LICENSE AND INDEMNITY AGREEMENT WITH APAC-KANSAS, INC WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a License and Indemnity Agreement with APAC - Kansas, Inc. ("APAC") to allow APAC to enter onto property owned by the City to erect a temporary concrete plant to facilitate certain construction activities on the I-635 Bridge over the Missouri River and perform final grading on such property all according to the terms and conditions set forth in Exhibit "A" attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Mayor is hereby authorized to execute and deliver the License and Indemnity Agreement by and between APAC - Kansas, Inc. and the City of Riverside, Missouri in substantially the same form as attached hereto as Exhibit "A" and the City Clerk is authorized to attest thereto and all actions related thereto taken prior to the adoption of this resolution are hereby ratified and confirmed; FURTHER THAT the City Administrator, Mayor, Finance Director and/or other city officials are hereby authorized to execute any and all other documents necessary or incidental to carry out the terms and conditions of such Agreement and to effectuate the license contemplated therein. PASSED AND ADOPTED by the B ard of Ald rmen and APPROVED by the Mayor of the City of Riverside, Missouri, the � day of ��, 2012. ��/ n .Lc�4�G�� Kathleen L. Rose, Mayor ATf T: c�`z��-�`"c_a-�l� ' Robin Littrell, City'Clerk ' Approv as to Form: Th mpson, City Attorney LICENSE AND INDEMNITY AGREEMENT This License and Indexnnity Agreement ("Agreemenf� is made and entered into as of this �l E'' day of Au�� 2012, by and belween the City of Riverside, Missouri (the "City'� and APAC-Kansas, Inc. ("Contractor"). WITNESSETH THAT Contractor is constructing public improvements to a bridge lacated on I-635 at the Missouri River (the "ProjecY� and has a need to erect a temporary concrete plant near the Project consiruction site; and WITPIESSETH FURTI�R 7'EIAT in consideration of the commitments and obligadons of Contractor contaiqed herein the City is willing to allow Contractor to utiliu the foltowing described real estate for the pwposes stated herein, to wit: Lot 2, ARGO INNOVATION PARK, a subdivision in Riverside, Plat County, Missouri (the "Plant Site'�; and WIINESSETH FURTEIER T'HAT the City and Contractor are entering into this Agreement in ordet to allow Contractor and its subcontractors a license to enter the Plant Site to etect a temparary concrete plant and provide fine grading of the detentian pond and drainage swale located on the south side of the Plant Site as shown on Exhibit A attached hereto to make such areas suitable for mowing ("Site Work'�. NOW, T'I3EREFORE, the Ciry and Contractor agree that: 1. L;cense. The City hereby grants Contractor or its subcontractors a revocable license (the "License") to enter the Plant 5ite for the purpose of doing the Site Work. This License shall include any necessary right of ingress and egress. This License may be revaked by the City upon five (5) days written natice lo Cantractor. Contractor shall not be entitled to reimbiusement by the City for any Site Work Conhactor shall clean up and retum the Plant Site to its original condition after any Site Work is done. Contractor shall also repair any damage to the roadway caused by constcuctiop trucks eatering and leaving the Plant Site and will take such actions as requested by the City so as to protect the health and safety of the citizens. The City reserves the rig6t to make any repairs to the madway or clean up of the Plant Site deemed necessary by the City, in its sole discretion, and Contractor hereby agrees that it will pay for any costs incurred by tlu City for eny repairs to the roadway or clean up of die Plant Site incutred by City as a result of the activities of Contractor at the Plant Site. 2. Indemni . Coniractor assumes all risk of personal injury, death or property damage arising out of any act or omission of Contractor or its subwntractors and does hereby release the City, its officcrs, employees, agents servants and assignees from any liability which might occur from the Site Work. Conhsctor hereby egroes to indemnify and hold the City, Its officers, employeaa, agents seivants and essignees harnfless from any and all claims, demands or cauaes of action (including costs and reasonable attamey fees) for persoual injury, death or �xoperty damage arising out of any act or omission of Coatractor, or its subcontractora except to the ea�tmt primari(y cavaed by the acts or omissions of the City. This indemnity shell be in addition to and not in limitation of any other remedy avaitable to the City at law or in equiry any of which may be executed singululy or concurrently and all wluch shall be cumulative. Notwithstandtng enything herein to the contrary, neither the City nor Contractor s6all be Iiable to the other for, and each heaby waives all claims for, any coasequential losses or damages, whether arising in contract, �vazianty, tort (including negliga►ce), strict liability or otherwiae, including but not limited to loases of use, profits, business repumdon or financing. 3. Inawance. Conhactor shall provide comprehensive general liability insurance in the amount of SI,000,000.00 each occurrence and 53,000,000.00 annual aggregate. 'ILe policy shali be eadoised to Include the City as an addiGonal insuced. Contractor shall provide proof of worker's compensaUon that mcets the requirements of Missouri law. 4. Bonds• The parties aclmowledge the use of the Plant Site by Contractor is related to con9truction work being perfocmed by Contrector under a conhador with MoDOT for improvements to the I-635 Bridge over the Missouri River and that performence end payment bond(s) are in place for the performance of such work by Contractor. Accad'mgly, ContCactor shall provide City with a copy of such performance and payment bond(s) in ett'ect for the project and Contractor will take such ac8on as is naxssary to ensure thet any and all work perfo� at the Plant Site is covarod by the 5urety under such bonds. 5. Notia. Any notices required under d�is Agreement shail be sent by United States Certified Meil, Rehun Receipt Requested, postage prepaid es follows: If to the City: City of Riverside 2950NW Vivion Road Riverside, MO 64150 Attn: Nancy Thompson, City Attorney If to Contractor: APAC-Kanses, inc. Matt Stuart 7355 West 162" Terrace Overland Park, KS Attn: Bridge Area Manager Copies of eny notices to Contracror shsll be sent by emeil to as follows: 11ws��vri-�rooc. corr� Copies of any notices to Ciry shall be sent by email to Gregory P. Mills and Nency Thompson as follo�vs: nqiompsonna.riversidemo.com gmills a riversidema.com G. Miscella�uous. Tlris Agrcement may only amended in writing signed by the City and Conlractor. This Agrament shall be binding upon and inure to the successors and assigns of tl�e City and Contractor. This Agreement may be executed in one or more counterparts, each of �vhicli sliall be deemed an original but all of whicli sUall constihrte one end the same instrument. The Sections headin�.s contained in this Agreement are for convenience only and shell have no subslantive affect 7'liis Agreement may be executed by eleclronic or facsimile signelure. My temi or provision of Uus Agreement that is unenforceable slwll not affect the velidity or enforceability of tlie remaining provisions or this Agreement. This Agreement constitutes the entire Agreement of the parlies �vith respect to die subject matter heaof and supersedes any prior understandings or agreements. Exccuted as of the date first above �vritten City of Riverside Missouri BY __�� Kathleen L. Rose, its ayor APAC-Kansas, Inc. BY _L�� , Bridge Area Manager 4.. _' �. .. , �� N 0 5 g � r� ' . �_:ra�l O E � �� I ' � � F � 0. �� . . f, � .l .:,� . � -;�„ - o0 �' 1.�� ' t . � �� I s � � � � � � R �f -, r =� � ,� :� . . g� ,.a�' l/ � `, - . _. . 8 � � � .- r �( ✓ ... �� fl,��i .�ri .}u ' , '�;... � . �� ;.� /�� .. � :. �. .z�, , � tea�c.z;nsaA �c�--�, I �� . .. . ' ',�� ' 1� a�J1 P i.,�� . �. _. .__. !i''. � " +'" i. � �ts� .t_L,,, ' � > tlL �. �� . �1 �, �, c; r� , � . �.. /,'� � �. \, �.a /�• ..� � f9r. , F �y�/� i { f� �"� � , � � � �i. .!.° � � ,'�, �� F (� � �, �y, �, ' '� �n a:� �Y'/�. � ��, ti' � f��` �<: . i a' r�;� �,� ,' f �-�! '. r�. ;•q ��}� •, "� . � � y� :�' "R • i .. �, � . { � - v �� ; ,.,. . , � , r _ �� a . � � t�; ;� • `� , r • �+,� �, ,; ..��, � '�'� , U � frl +�c �, k � , j � � , �� •��•,�, •�� .. �p , i , '� l � �i ,r�!'1� � � ,-�1 %; � { � ��i> ' � , �" ;� � �F n��l.�� 1�� , �,i� +^ -� ,, � '� •�,� i r � '1 ,i ' � � Y 4 '} J ' � 1 , J � +; �t' �i 71�`. � � !�� .o ' � � #� t ' y �` � � ,. 1 �''�� i ��S � � '+; I�Cn"N '+�.` ., � ' . ,�+ � °'� ' � , - �_,, ,� ,r, ' II � }::?+.. . . . ' . - . . .. I .�L , �. �I , . _- _I ' m , ,, E � � - i ' . . i . o I n , ' / � � 0 y ^� O � � P � � ' " � � <� 41; � O �� ` � c7 I 9 � � Certiticate of Insursnce TFOS CEIt77FIGTE IS ISSUm AS A MAITER OF INFORMATION ONLY AND CONFERS NO RIOH75 UPON YOU THE CER77FlCQE HOLDER. THIS CEIt11FICATE IS NOT AN MSUMNCE POWCY AND DOES NOT AMEND, E%78ND OR ALTEit THE CWERAOE AFFORDED BY THE POLIQES LISTFD BEIA W. POLICY LIMITS ARE NO LESS 7HAN THOSE W ED H I MAY EADD AL B O LISTE OW. THIS CERTIFICATE VOI05 AND SUPERSEOES ALL GREVIOl15LY ISSUEO CERTIFIGTES TO IqlOER NAME� BELOW Thia is to Certify that APAC Kansas, Inc. � P.O. BOX 23910 NAME AND •�� Liberty ADDRESS " OF INSURED Mutual Overland Park KS 66283 � • u, n IAc ismie Nle ohho mtifics¢, irmmed by �M1e Com�nny under tAc poiky(ia) lis�d hclow. Tho i�uunMe aBorded by the IinM policy(ics) ia eubJect lo dl tlrcir xmu, �elu�bm W Candillom end'u nol Wa�ed bY NY Rqu4ement, tam m W�Mnwn ofeny eonhecl or olher dacw�enl wNh rtepect m wM1ieh Nie xniflmm mry 6e �uued. EXP DATE TYPE OF POLICY � corv�rrt+uous pOLICY NUMBER LIMIT OF LIABILITY ❑ EX7ENDED � POLICY TERM W � R �� WA7-CBD- 095- 2 COVErtACEnFFORDEDUrIDERWC EMPLOYERSLIABILITY COMPENSATION 9 WC7-C81-004095-012 A LLSTATESEXCLUDING� S MONOPOLISTICS STATES ANO Badily 1'u Aaidcnt NY Badily Injivy By D'ucue WI � �� Bodiiy Inj�vy By Divax COhUNERC7AL TB2-C81-004095-112 �enl�q�caetc 100000 CENERAL LIABILITY 9/1/2013 3 000 000 � OCNRRENCE Pmducb / Compl<Md Opentiom AQpePte s o0 000 ❑ CWMS MADE �n pp, RETRO DAIE Ponoml d Advcrtuing Injury '200��0 MPmon/OfQania4on �R PROJECT AGGREGATE �R�I`RE DAMAGE $100,000 AUTOMOBILE 9/1/2��$ /�$2-C81-�04095-�22 $2,000 B AndPDn LIABILITY C� owwEO �n r�o m NON-OWNEO Fxh Aaidem orOccumxe EJ HIRED &ch Aaident orOccimerce � AuW: Comp Ded $10,000/Coll Ded 510,000 EVIDENCE OF COVERAGE ADDITIONAL COMMENTS RE: 662425, Lot 2, Argo Innovation Park, s subdfv(slon in Riverside, Platle County, Missouri. City of Riverside, Missouri is listed as addRional Insured. • I(Ihe ettlifiute eapimiion dale u contimnw mcxrcnded tam, you will be nolified if cavcngc is �mni�wed or rtduccd befom the certi0 Wc tzpintlon dalc. Liberty Mutu�i NOTTCE OF CANCELWTION: M�7' APPLICABLE UNLESS A NUMBER OF DAYS IS EN7ERED BELOW.) troannce Croup BFFORE THE STAIED IXPIAATION DATE TF� COMPANY WILL NOT C�! CEL OR REDUCE TNE MSURANCB AFFORDFD UNDER THEABOVEPOLICIESUNTILATLEAST;�u DAYS NOl7CE OF SUCH CANCELLATION HAS BEEN MAILED 71D: �ly of Riverside, Mfssourf � � �G��:�� Judith Balazentis � h Ine fg Al1THORIZED REPRFSENTATIVE � 9 12 Federal Slreel, Ste. 310 m 2950 NW ViWon Road Pltlnbumh PA 15212-5708 412-231-1331 8/29/2012 I RIVBfS�f�B MD 64150 1 OFFlCE PHONE DATE ISSUED � J This certifieale is executed by LIBERTY MUIVAL INSURANCE GROUP as respecls such insurence es is afforded by Ihose Companies NM 772 07-10 LDI CAI 268888 02 11 i • BOND N0. 8229-36-04 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we APAC-Kansas, Inc., Kansas City Division as pnnciple, and FEDERAL INSURANCE COMPANY as surety, aze held and &rmly bound unro [he State of Missouri in the penal sum ot Two Milli Cn e Hundred Eighty Fiva Thousand Four Hu�dred Forty One and 42/UO DOLLARS ($ 2,185,441.42 ) as the same may be iucreased by auy and all changes in or additious to said cunlract which may hereaRer be made, lawful money of the Uni[ed States, to be paid to the said Sta[e of Missouri or to its certain agents, attomeys, assigus, or to the Missouri Highways and Ttansportafion Commission, for which sums of money, well and truly ro be paid, we bind ourselves, our heirs, successors, assigns, executors, and adminishators, joiatly and severally, fumly by these presents. SEALED wiih our seals and dated M I, 2012 The condition of this obligation is such that �VHEREAS, the said bounden principal has en[ered into a ceriain contract with tLe State of Missouri acting by and through the Missouri Highways and Transportatiou Commission, said contract being mazked. { Route: 635 County: Platte Job No.: J4I2014 & J4I2271 a copy of said contract being hereto attached and made a part hereof aud bearing date of M arch 1, 2 NO�V, THEREFORE, iF ihe said principal shaLl comply with aod fulfill all the cooditions of said contract, incfuding those under which principal agrees [o pay tl�e prevailing hourly rate of wages for each craft or type of workman required to execute the contract in the locality as detem�ined by State aad Federal authority, as appGcable, or by final judicial determinalion, aud properly and prompdy complete We work in accordance wi[h the provisions of said contract, plans and spec�cations without any hidden defects, and fiunish all the labor and materials required by said contract, aud any aod all changes in, or additions [o said coutract, which may hereafter be made, and shall perform all the undertakings stipulated by said bounden principal to be performed and within the time men[ioned in said Desi� Form C-3 Call @0217-0O3 (1 of 2) contract, oc within yny adclitional time granted by the Missouri HigLway aod Transportation Commission orits ChiefEngineer; under authority from said Commissioo of hlissouri, which may be granted without notice ro or consent from tt�e surety, and sha]] pay for ali materials, lubricants, fuel, coal aod coke, repairs oo machinery, groceries and foodstuff, equSpment aud tools consumed or used [n conneclio¢ with the construclio� of sucL work, and all insurance premiums, both compensation, and all other kinds of insurance, on � said work, and for all labor performed i� such work, whether by subcontractor or daimant in person or by its employee, ageot, servant, bailee, or bai�or� Ihen Ihis to be void; otherwise i[ sball be and remain iu full force and effect. r.: ATTESi: - ��, E Ci )'� '. ��Y ,' n :� �:,) '. � ' � [ ,. _ _ _ : APAC - KANSAS, INC., RANSAS CITY DIVISION � - �=--" - -- - - ecfetar}r., .. Prmcipal '' . t! /aF� '.Ili(`:,;: �,., . sy Title Y/1_� _! 1`�G�C�I _— ----- FEDERAL INSURANCE COhIPANY Surety l ATTEST: (SEAL) c Y INDSEY GATE , WITNESS � Title TIt AVIS EY-IN-FACT � MARSH USA RISK & INSURANCE SERVICES Address - Agen[ or Broker I 15 WEST SOUTH TII�LE,STE. 70 Street SALT LAKE CITY, UT 84101 City Name aod Street Address of Agent [o Whom All Coaespondeoce Should be Directed Relating to Contract and Boad. hfARSA USA RISR & INSIJRANCE SERVICES Name — 15 WEST SOUTH TEMPLE STE. 700 Slreet SALT LARE CITY UT 84101 City, State Design Form C-3 (2 of 2)