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HomeMy WebLinkAboutR-2013-017 Bid Award to Electronic Contracting Company Audio/Visual Public SafetyRESOLUTION NO. R -2013- 017 A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF IMPROVEMENTS TO THE JEFFERSON TAYLOR MEMORIAL TRAINING CENTER AND APPROVING THE AGREEMENT BETWEEN THE CITY AND ELECTRONIC CONTRACTING COMPANY FOR CONSTRUCTION OF SUCH PROJECT WHEREAS, the City issued a request for bids for the construction of improvements to The Jefferson Taylor Memorial Training Center ('Project'); and WHEREAS, the City received two (2) responses to its request for bid and the proposal submitted by Electronic Contracting Company ( "Electronic Contracting ") in the amount of $38,703.00 has been evaluated by the City and recommended as the most advantageous proposal for performance of the project; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a contract with Electronic Contracting to perform the Project; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS THAT the proposal of Electronic Contracting Company for the construction of the Jefferson Taylor Memorial Training Center AudioNisual Equipment Upgrade Project in the amount of $38,703.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Electronic Contracting in substantially the same form as attached hereto in Exhibit "A" and incorporated herein by reference is hereby authorized and approved; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on -site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. Such training must be completed within sixty (60) days of the date work on the Project commences. On -site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation; and FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the -City of Riverside Missouri the / day of March, 2013. Kathleen L. Rose, Mayor ATTEST: b Robin Littrell, C y Clerk Approved s to Form: Wayy UeftsA City Attorney EXHIBIT "A" Project Manual ORIGINAL DOCUMENT DO NOT REMOVE AGREEMENT BETWEEN CITY OF RIVERSIDE AND Electronic Contracting Compa FOR COMPLETION OF JEFFERSON TAYLOR MEMORIAL TRAINING CENTER AUDIONISUAL EQUIPMENT UPGRADE PROJECT CONTRACTOR: RESOLUTION NO.: Electronic Contracting Company CONTRACT PRICE: $ 35,000.00 ORIGINAL DOCUMENT DO NOT REMOVE AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR JEFFERSON TAYLOR MEMORIAL TRAINING CENTER AUDIOVISUAL EQUIPMENT UPGRADE PROJECT THIS AGREEMENT, made and entered into as of the 26th day of March 2013, by and between the City of Riverside, Missouri ( "City "), and Electronic Contracting Co. ("Contractor "), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS City, under the provisions of Resolution No. R-a I3 - "D/ 7 , duly approved on the /9- day of M a.x. ek , 2013 and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ( "Administrator ") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall mean: City. A. "Contractor" A person, firm, or corporation with whom the contract is made by the B. "City" The City of Riverside, Missouri. C. "City Administrator" That person designated by the City as the City Administrator or, in the absence of a City Administrator, to carry out the duties of the City Administrator. D. "Engineer" The individual appointed in the capacity of City Engineer for the City of Riverside, Missouri. E. "Project" The building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. F. "Project Manager" The following individual is designated as the Project Manager to manage the project on behalf of the City: Gary McMullin, Captain, Patrol Division Commander, Riverside Department of Public Safety, 2990 NW Vivion Rd, Riverside, Missouri 64150, Phone - (816) 372-9102 G. Subcontractor" A person, firm or corporation supplying labor and materials or only labor for the work at the site of the project for, and under separate contract or agreement with the Contractor. H. "Substantial Completion" The stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. 1. "Work" or "Work on the Project" Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit D (Scope of Work) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VII of this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. J. "Written Notice" Any notice delivered hereunder and the service thereof shall be deemed completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative on the work. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do SO. C. The Project Manager shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and work performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. The Project Manager may recommend, but can not approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Project Manager will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Project Manager will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. D. Contractor may be furnished additional instructions and detail drawings by the Engineer, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract and the Contractor shall carry out the Work in accordance with the additional instructions. ARTICLE III CONTRACT AMOUNT A. The parties acknowledge that this is a project that will be designed and installed by Contractor for the item pricing set forth in Contractor's Proposal for each identified item. The item pricing shall include, but not be limited to, all costs, permit fees, profit, overhead, supervision, labor, materials, equipment, taxes, permits, utilities, insurance, bonds, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." The Contractor shall deliver to the City a complete functioning finished product, usable for the purpose intended for all construction areas described in the scope of work for the Contract Amount stated herein. B. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of Thirty -Five Thousand Dollars an d 00 100------------------------------------------ - - - - -- Dollars ($ 35 ,000.00) for the design and construction of the Project. C. Contractor's bid may include unit pricing on specified project quantities or items. Such unit pricing shall only be used for the purpose of calculating any amounts due to Contractor if City modifies the scope of work resulting in a change in the amount of Work to be performed under the Contract. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK, NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH ARTICLE VII OF THIS AGREEMENT, AND CITY ENACTS ANOTHER ORDINANCE AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT. ARTICLE IV PROGRESS OF WORK /SUBMITTALS A. COMMENCEMENT OF WORK. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ( "Notice to Proceed ") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof, not later than 20 calendar days after delivery of the equipment to Contractor, which equipment shall be ordered promptly following issuance of the Notice to Proceed for commencement of performance of the Work. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all the Work as set forth in the Contract Documents, Contractor shall pay City $250.00 per day, as liquidated damages and not as a penalty, for each calendar day after such date, until Substantial Completion of all the Work is achieved. Contractor agrees that the sum of $250.00 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Contractor's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise any of its default or termination rights under this Agreement under all circumstances described herein, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to unforeseen causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the public enemy, acts of another Contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather provide the Contractor has given written notice of such delay to the City within five (5) days of the event causing such delay. D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. E. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents. F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the project site in the number, type, and stage as enumerated below: None required. G. DELAY IN PERFORMANCE. In the event Administrator determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. H. SUSPENSION OF WORK. The City may suspend the work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor which shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension I. DRAWINGS AND SPECIFICATIONS. The Contractor shall provide Project drawings and specifications necessary to design and install the equipment. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the City. Such drawings and specifications shall be approved by the Project Manager and Engineer, in writing, prior to the start of construction. J. SHOP DRAWINGS. Contractor shall submit to Project Manager for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review by Project Manager any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. Project Manager's review does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the Project Manager. K. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Project Manager. Materials, supplies or equipment to be incorporated into the work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. Inspections, tests or approvals by the Project Manager or others shall not relieve the Contractor from the obligation to perform the work in accordance with the requirements of the Contract Documents. The City's representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. If any work is covered prior to inspection by the Project Manager it must, if requested by the Project Manager, be uncovered for the Project Manager's observation and replaced at the Contractor's expense. If the Project Manager considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Project Manager's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all work rejected by the Project Manager for failure to comply with the Contract Documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re- execute the work in accordance with the contract documents and without expense to the owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the City may remove such work and store the materials at the expense of the Contractor. N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function may be considered, at the sole option of the City. The Contractor may recommend the substitution of material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the sole opinion of the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. O. PERMITS AND REGULATIONS. The Contractor shall develop and make all detail plans needed for construction. Permits and licenses of temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise stated. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the work. P. SITE CONDITIONS. The Contractor has the responsibility to become familiar with the Project site and the conditions under which work will have to be performed during the construction period prior to bidding. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VII. Q. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. INFORMATION FOR BIDDERS 2. EXPERIENCE QUESTIONNAIRE 3. AFFIDAVIT OF WORK AUTHORIZATION 4. AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 5. PERFORMANCE BOND 6. PAYMENT BOND PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR STANDARDS 8. SCOPE OF WORK 9. CONTRACT BID FORM 10. APPENDIX I —GENERAL AND SPECIAL CONDITIONS B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Partial Payment to the Project Manager. In addition to the amount of payment requested in the Application for Partial Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Application, or return the Application to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15) days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Project Manager and Administrator. Project Manager shall review each application for payment and certify for payment such amounts as Project Manager determines are due Contractor. From the total amount certified, Project Manager shall withhold ten percent (10 %) as retainage until completion and acceptance of the Work. The ten percent (10 %) retainage may be reduced by Change Order if completion and acceptance of the Work is delayed due to valid circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved, the remaining retainage shall be an amount equal to or greater than 200% of the estimated amount necessary to complete the Work. D. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. E. Neither Administrator or Project Manager's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. F. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Engineer issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit K. City, within thirty (30) days after the delivery of Engineer's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall, at the request of City, furnish satisfactory evidence that all obligations to subcontractors, laborers, workmen, mechanics, materialmen and fumishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Contract. ARTICLE VII CHANGES /CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: If the Work is covered by unit prices set forth in Contractor's Bid, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Contractor's Bid, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change. C. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five -day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverage and amounts: COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall name the City as an additional insured and have not less than the following limits: a. Each occurrence $2,700,000.00 b. General aggregate $2,700,000.00 c. Products /completed operations aggregate $2,700,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal /advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and deliver to the City for operations of the Contractor of any Subcontractor in connection with execution of the agreement Owner's Protective Liability insurance in the same minimum amounts as required for Commercial General Liability Insurance above. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non -owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non - owned autos. The coverage shall have not less than a combined single limit of $2,700,000.00 for each accident. 4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "B +XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by work included in the products /completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than ten (10) years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non - renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverage and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverage and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven (7) days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1) the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self - insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of $500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE X PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the owner who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two (2) years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For City: For Contractor: City Administrator Electronic Contracting Compa City of Riverside 2950 NW Vivion Dan Balsinger Riverside, MO 64150 6020 Parretta Drive with a copy to: Kansas City, MO 64120 Project Manager Gary McMullin, Captain Patrol Division Commander Riverside Department of Public Safety 2990 NW Vivion Rd Riverside, MO 64150 B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to famish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy -two (72) hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any other right or remedy City may have, terminate the services of the Contractor and take possession of the project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method the City may deem expedient to correct the default, at Contractor's expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the difference to the City. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Project Manager and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may with hold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of (1) defective work not remedied, (2) claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material or labor, (4) a reasonable doubt that the Work can be completed for the balance then unpaid, (5) damages to another contractor, or (6) performance of work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary, City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVII LABOR STANDARDS PROVISIONS A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of wages established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards, as set out in the wage order set forth in Exhibit D attached to and made a part of, shall be paid to all workers performing work under the Agreement. An Affidavit of Compliance with the Prevailing Wage Law as set forth in Exhibit J shall be completed by Contractor and every Subcontractor employed on the Project prior to final payment. The Contractor will forfeit a penalty to the City of $100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or by any Subcontractor. B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent (5 %) as measured by the United States Bureau of Labor Statistics) only Missouri labors (persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non- restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE XIX SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third -party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this contract shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the project or the City may let other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITE /CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times during performance of the Work keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty -four (24) hours after written notification from City of non- compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall cant' out its responsibilities in accordance with customarily accepted good professional practices. The Contractor warrants and guarantees all construction work for one (1) year from the date of completion and acceptance of the work that completed work is free from all defects due to faulty materials or workmanship. Equipment installed as a part of the project will be warranted by manufacturer's warranty for a period of not less than one (1) year from the dated of Substantial Completion. Contractor shall promptly make such corrections as may be necessary be reason of such defects including the repair of any other damages that were caused by defects in the work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other work that may be necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the work and damage caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. The Performance Bond shall remain in full force and effect through the construction warranty period. Neither final payment, Engineer's Final Certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on -site or off -site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on -site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on -site employees to complete a construction safety program within sixty (60) days after the date work on the project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on -site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on -site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. E. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX PERFORMANCE AND PAYMENT BONDS If the contract price amount exceeds $25,000, the Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount at least equal to one hundred percent (100 %) of the contract price, conditioned upon the performance by the Contractor all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570 and shall have a rating of at least "A +" from Best's or "AA" from Standard and Poor's. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the City to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bond shall be paid by the Contractor. No further payment shall be deemed due nor shall be made to Contractor until the new surety or sureties shall have furnished an acceptable bond to the City. ARTICLE XXXI SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXXII NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII DISPUTES /ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXXIV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] ARTICLE XXXVI ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VIi of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE ' By O YOR ATTEST: CITY CLERK' CONTRACTOR: By: zf�� fket' (Signature) Printed BRUCE E PETERSEN Name: Title. VP FINANCE ATTEST: See Attachment A referencing Article IV, Section B SECRETARY ATTACHMENT A The understanding is that the 20 day build completion does not start until ALL equipment has been ordered and received and you are actually ready to perform the work on site. Please let me kow if you have any other questions. Thanks -Chris Major Chris Skinrood Riverside Police Department 2990 NW Vivion Road Riverside, MO 64150 Main - 816- 741 -1191 Office - 816 - 372 -9103 Fax - 816- 372 -9150 cskinrood @riversidemo.com - - - -- Original Message---- - From: Dan Balsinger [ mai l to:dbalsi nger @ecco Sent: Tuesday, March 26, 2013 12:28 PM To: Chris Skinrood Subject: Jefferson Taylor A/V Chris, In reviewing the contract with my boss, we wanted to make sure that we are all on the same page for the installation time frame. The contract states in article IV B that we shall have substantial completion within 20 calendar days after we receive the equipment. We wanted to make clear that the lead time for product on most of our A/V jobs is 30 -60 days. We will not know delivery times for equipment until after we have issued a PO to the manufacturers. We plan on meeting the completion date in the contract, but wanted to make clear the time it may take for some of the equipment to arrive. Please let us know if you and the city understand and agree with the time frame we have listed. We want to make sure we meet and exceed your expectations. Your quick response is appreciated. Sincerely, Dan Balsinger CTS Electronic Contracting 6020 Parretta Dr. KCMO 64120 p.816 -561 -6800 f.816 -561 -6857 dbalsinger @eccoinc.com U1 UNION BANK (402) 323 -1828 • P.O. Box 82535 • LINCOLN, NE 68501 -2535 LETTER OF CREDIT Union Bank & Trust Company Lincoln, Nebraska April 10, 2013 IRREVOCABLE LETTER OF CREDIT NO. 1214 for Riverside 2013 -001 City of Riverside, Missouri 2950 N.W. Vivion Road Riverside, Missouri 64150 To Whom It May Concern: UBT.COM We hereby establish in favor of the CITY OF RIVERSIDE, MISSOURI, upon the application of and for the account of Electronic Contracting Company, Lincoln, Nebraska (the "Account Party ") our irrevocable standby letter of credit (the "Letter of Credit") in the amount of $35,000.00 (the "Maximum Available Credit "). Subject to all of the terms and conditions of this Letter of Credit, the Maximum Available Credit shall be made available by your draft(s) at sight drawn on us accompanied by this Letter of Credit and any amendments thereto for presentation and by the following documents: 1. Your signed certificate, in the form attached hereto as Exhibit A , dated not more than ten days prior to its presentation to us. No draft will be paid if the amount thereof is in excess of the Maximum Available Credit hereunder as of the date such draft is to be paid. This Letter of Credit is given to secure the Account Party's payment and performance obligations in connection with the Jefferson Taylor Memorial Training Center Audio/Visual Equipment Upgrade Project ( "Project"), as follows: Performance and Payment Guarantee Conditioned upon the faithful performance of the provisions, terms and conditions of the contract between the City of Riverside and Electronic Contracting Company for the Project, including payment to subcontractors. Multiple drawings may be presented under this Letter of Credit, which, in the aggregate and subject to the limitations set forth herein, shall not exceed the Maximum Available Credit then in effect and each such drawing honored by us hereunder shall reduce the Maximum Available Credit by the amount of such drawing. The draft(s) drawn under this Letter of Credit must be drawn and presented to our offices at any location by hand delivery or by delivery by courier between 9:00 a.m. and 4:30 p.m. on a Business Day (as defined below). As used in this Letter of Credit, "Business Day" shall mean any day other than a Saturday, Sunday or a day on which banking institutions are authorized or required by law to close. We hereby agree that all drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored by us upon delivery of any of the certificate(s) specked above and if presented at our aforesaid office on or before the Expiration Date (as defined below). If demand for payment is made hereunder in strict conformity with the terms and conditions of this Letter of Credit before 11:00 a.m. on any Business Day, payment of the amount demanded shall be made in immediately available funds not later than 1:00 p.m. on the next succeeding Business Day. Payment under this Letter of Credit to you shall be made by wire transfer of immediately available funds per your instructions. Only you or a transferee may make drawings under this Letter of Credit. Upon payment as provided above of the amount specified in a sight draft drawn hereunder, the Maximum Available Credit of the Letter of Credit shall be reduced by the amount of the payment. If demand for payment does not conform to the terms and conditions of this Letter of Credit, we will promptly notify you thereof and of the reasons therefor, such notice to be promptly confirmed in writing to you, and we shall hold all documents at your disposal or return the same to you, if directed by you. This Letter of Credit is effective immediately and expires on the earliest of (i) 4:00 p.m. on the 365 day from the date of this Letter of Credit, or (ii) the day on which this Letter of Credit is surrendered to us for cancellation (collectively, the "Expiration Date "); provided, however, i) notwithstanding the termination by expiration of this Letter of Credit, our payment obligation shall survive such expiration with respect to any sight drafts accompanied by a certificate in the form of Exhibit A , presented to us for payment prior to the expiration of this Letter of Credit, or ii) by written notice, the City of Riverside, Missouri may request extension of this Letter of Credit for one additional year if the Project has not been completed. Except as otherwise provided for herein, this Letter of Credit shall be governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce Commission Publication No. 600. Any communications with respect to this Letter of Credit shall be in writing and shall be addressed to us specifically referring thereon to Irrevocable Letter of Credit No. 1214 for Riverside 2013- 001. This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein (but excluding the UCPDC), and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Exhibit A , attached hereto is incorporated herein by reference as an integral part of this Letter of Credit. Union Bank & Trust Company: BY: 3 �P Name: Bryan Shank Title: Vice President EXHIBIT A TO LETTER OF CREDIT No. FORM OF CERTIFICATE FOR DRAWING ** *Date*** ** *Name of Issuing Bank * ** ** *Bank Address * ** Attention: Re: Your Letter of Credit No In Favor of City of [ ], Missouri Gentlemen: The undersigned, a duly authorized official of City of [ ], Missouri (the "Beneficiary"), hereby certifies to ***Name of Issuing Bank * ** (the 'Bank "), with reference to Irrevocable Letter of Credit No. (the "Letter of Credit"; any capitalized terms used herein and not defined shall have their respective meanings as set forth in the said Letter of Credit) issued by the Bank in favor of the Beneficiary, that: 1. The Account Party has failed to complete some or all improvements or fulfill some or all obligations required by law or the agreement between the City of Riverside, Missouri and Electronic Contracting Company regarding the Jefferson Taylor Memorial Training Center AudioNisual Equipment Upgrade Project. 2. The draft in the sum of $ accompanying this Certificate is not in excess of the Maximum Available Credit under the Letter of Credit. Transfer the funds as stated above to the credit of the City of [ ], Missouri to [INSERT BANK Account # and wire instructions], Attention: Finance Officer. IN WITNESS WHEREOF, the Beneficiary has executed and delivered this certificate this _ day of CITY OF [ ], MISSOURI By: City Administrator CITY OF RIVERSIDE, MISSOURI NOTICE TO PROCEED Dated: April 22, 2013 To: Electronic Contracting Company Re: Jefferson Taylor Memorial Training Center AudioNisual Equipment Upgrade Project You are hereby notified to proceed with the work necessary to complete the Jefferson Taylor Memorial Training Center AudioNisual Equipment Upgrade Project, in accordance with the Agreement. CITY OF R�AERSIDE, MISSOURI: LN ory minis i Administrator Page 1 of 1 Services I NIPR Services Licensee Look -up This document may serve in lieu of a Letter of Certification. Report Date: March 26, 2013 Total Number of Licensees = 3 Selected Criteria First Name = None Middle Name = None Last Name = None Suffix = None Business Entity Name = INSPRO Is Resident? = All License Num = None License Type = All License Status = All LOAs = All National Producer Number = None DBA Name = None Sort By = Last Name Licensee Type: = Business Entity * Indicates those agents which have branch offices. Click the link to view. To view active Affiliations of the following type(s) click on the License Type link. - Designated Responsible Licensee - Other Affiliations L ok-Up Results License Business Type License Address License Res (Click Status LOAS Expiration DBA City, Business NPN Full Name (Effective Number Status link (Status Date Name State, Phone Data) for Date) ZIP Affiliations) GRANITE BUSINESS ENTITY TV LOA CITY, 52- 8080741 2106093 N INSPRO Acnve ASSIGNED 09/15/2013 IL, 9(100 9000 PRODUCER (09/15/2011) 62040 INSPRO CORPORATION NO LOA HCC CONCORD, (925) 685- 0011171 953007 N DBA HCC ACTIVE ASSIGNED 02/23/2014 SPECIALTY CA 1600 1IN*�NTITY PROU (0L 1/2012) 94520 SPECIALTY BUSINESS ENTITY NO LOA FREMONT, 0010624+ 662924 N INSPROINC ACnvE ASSIGNED (11/IW012) 11/17/2014 1 NE, 68025 PRODUCER NesCNel�:(tYdmM[el!- Back https:Hsbs- mo.naic.org/ Lion - Web/ jsp/ sbsreports /LicenseeListExtExtract.jsp 03/26/2013 Page 1 of 1 Missouri Department of Insurance, Financial Institutions & Professional Registration Active Affiliations List for Licensee Agent Information Licensee Name: INSPRO INC License Number: 10624 NPN: 662924 Report Date: 03126/2013 Active Desl nated Res onsible Licensee Affiliations License - License Number Licensee Name License Number NPN Effective Date Business Entity Producer -10624 EIKMEIER, RANDALL L 262525 673139 04/16Y2012 - - - -- - Octiva 0ffiliatinnc License - License Number Licensee License Name Number License Type Effective Date Business Entity Producer -10624 EIKMEIER, 262525 RANDALL Producer 09/01/2002 Business Entity Producer -10624 ORGENSEN, 8262907 JEFFREY Producer 11/13/2012 Close https:Hsbs -mo. naic .org /Lion- Web /jsp /sbsreports /Aff ,icenseeList.jsp ?licenseNo= 10624 &... 03/26/2013 Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home :: Business Services :: Business Entity Search Search *By Business Name •By Charter Number *By Registered Agent •For New Corporations Verify OVerify Certification Registration Report •File Online File Fictitious Name Registration *File Online ORenew Online File LLC Registration •File Online Online Orders •Register for Online Orders 0 0rder Good Standing 41 Certified Documents Search Type: Starting With Search Criteria: inspro Search Date: 3/26/2013 Search Time: 17:29 Click on the Business Entity Name or Charter Number to view more information. Entity Business Entity Charter Creation Name Number Type Status Date HCC Specialty Co. F00420494 INS - PRO, INC. F00202805 INS PROFESSIONALS, LLC INS -PRO, INC. FL1280340 00324555 INSPRO CONTRACTING, INC. INSPRO CORPORATION INSPRO, INC. RA &MCO INSURANCE SERVICES CORPORATION The Ins Pros General Good 1/2/1996 Business Standing General Forfeited 8/4/1978 Business Limited Active 12/31/2012 Liability Company General Inactive 2/10/1989 Business X00429947 Fictitious Fictitious 4/15/2003 Registration Expired F00420494 General Business F00402472 General Business F00420494 General Business Good 1/2/1996 Standing Dissolved 10/24/1994 Good 1/2/1996 Standing X00862691 Fictitious Fictitious 12/20/2007 Registration Expired Records Returned 1 to 9 Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 https: / / www.sos.mo.gov /BusinessEntity /soskb /SearchResults .asp ?FormNarne= CorpNatne... 03/26/2013 Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home :: Business Services :: Business Entity Search Search GBy Business Name OBy Charter Number *By Registered Agent OFor New Corporations Verify *Verify Certification Annual Report *File Online File Fictitious Name Registration •File Online •Renew Online File LLC Registration •File Online Online Orders ORegister for Online Orders 0 0rder Good Standing *Order Certified Documents Filed Documents Date: 3/27/2013 (Click above to view filed documents that are available.) Business Name History Name INSPRO, INC. Name Type Legal General Business - Foreign - Information Charter Number: F00402472 Status: Dissolved Entity Creation Date: 10/24/1994 State of Business.: NE Expiration Date: Perpetual Last Annual Report Filed Date: Last Annual Report Filed: 0 Annual Report Month: September Registered Agent Agent Name: SHERRI GILLIGAN Office Address: 1305 SE 6TH STREET LEE'S SUMMIT MO 64063 Mailing Address: Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 sri https: / /www.sos.mo.gov /BusinessEntity /soskb /Corp.asp ?521077 03/27/2013 Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home:: Business Services:: Business Entity Search Search *By Business Name *By Charter Number *By Registered Agent *For New Corporations Verify OVerify Certification Annual Report *File Online File Fictitious Name Registration OFile Online •Renew Online File LLC Registration File Online Online Orders •Register for Online Orders 0 0rder Good Standing 0 0rder Certified Documents All Annual Reports filed 1999 forward are available to view Wor print as well as all documents filed on or after 5- 12 -03. Status of filed documents prior to 5- 12 -03: If the Creation Filing is not available to be viewed, the entire file may be incomplete because it has not been scanned. Therefore, there may be other types of filings associated with this entity. Once a copy request and appropriate fees have been received on a specific entity the entire file is completely scanned and available online to view and /or print. Date: 3/27/2013 Current Name: INSPRO, INC. Image Date Document 10/24/1994 Creation Filing 4/6/1998 With/Term/Dissolve No Documents Available Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 https: / / www.sos.mo.gov /BusinessEntity /soskb /Filings.asp ?521077 03/27/2013 Page 1 of 2 Universal Surety Company A.M. Beat C 009643 NAIC 0: 96933 FEIN 4: 470363416 Address: P.O. Box 80468 Lincoln, NE 68501 United States Web: www universalinlantl corn Phone: 402435 -4302 Fax: 402 -435 -3274 Based on A.M. Best's analysis, 051305 - NEBCO Incorporated is the AMB Ultimate Parent and identifies the topmost entity of Me Corporate structure associated with this company. View a list of operal'nu'nsurance entities in this structure. Bears Credit Ratings _... ,. Fina ncial Strength Fai View Definition _ Rating A(Excellent) Financial Size VII ($50 Million to $100 Category: Million) Outlook. Stable '.. Action: Affirmed Effective Date: January 31. 2013 u pence. under Rehev.seara Ranm Issu erCredit Rating View Definition ..I Long -Term: a Outlook: Stable Action: ARnnen Date: January 31, 2013 W mAthisoane (y) Assigned to l~'"i Companies s--- that have, in'( A our opinion, an excellent ability to meet their ongoing insurance obligations. Fiesta Cradll lbtlnB Analyst Office: A.M. Best Company, Oldwick NJ Financial Analyst: Scott Dodd Managing Senior Financial Analyst: Jennifer Marshall, CPCU, ARM [FaPOrts antl News _ _- _._ Visit Bears News and Analysis site for the latest news and press releases for this company and its A.M. Best Group. �{ AMB Credit Recent - I Professional - includes Best's Financial Comm l Strength Rating and rationale along with comprehensive analytical entary, 1 detailed business overview and key financial data. Report Revision Date: 2/13 /2013 (represents the latest significant Change). Historical Reports are available in AMB Cretl t Report - Insurance Professional Archive. v� Bears Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2013 Best's Statement File - P /C, US Contains data compiled as of 3/25/2013 Quality cross checked. 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U.S A. http: / /www3.ambest.com/ratings/ entities /SearchResults.aspx ?AltSrc =9 03/26/2013 Page I of 1 Missouri Secretary of State, Jason Kander SOS Home :: Business Services :: Business Entity Search Search •By Business Name 613y Charter Number 913y Registered Agent OFor New Corporations Verify OVerify Certification Registration Report OFile Online File Fictitious Name Registration •File Online •Renew Online File LLC Registration •File Online Online Orders *Register for Online Orders *Order Good Standing *Order Certified Documents Filed Documents Date: 3/26/2013 (Click above to view filed documents that are available.) Business Name History Name Name Type ELECTRONIC Legal CONTRACTING COMPANY General Business - Foreign - Information Charter Number: F00199540 Status: Good Standing Entity Creation Date: 4/3/1978 Dissolve Date: 7/1/2008 State of Business.: NE Expiration Date: Perpetual Last Registration Report 12/6/2012 Filed Date: Last Registration Report 2013 Filed: Registration Report Month: October Registered Agent Agent Name: Office Address: Mailing Address: MARSHALL A. PLUMER 6020 PARRETTA DRIVE Kansas City MO 64120 Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 https: / /www.sos.mo.gov/BusinessEntity /soskb /Corp.asp ?485689 03/26/2013 ELECTRONIC CONTRACTING COMPANY 6020 Parretta Dr. KCMG 64120 816 -561 -6800 PH 816 -561 -6857 FX -1.00 APPLE apple TV Video Interface -1.00 Sub contract Electrical Electrical circuit for flat panel displays projectors and screens Thank you for your business. DATE: 3/26/2013 PROJECT NUMBER: QUOTE NUMBER: SALES ENGINEER: Dan Balsinger Contract Sub - Total: $ (3,703) 'Estimated Freight: $ - "Sales Tax: $ - - $ (3,703) 'Freight is estimated based on historical data "Any applicable taxes have not been included. If applicable, these will be added to the contract total at a later date. 'Tax types & rates are subject to local and state requirements. "Tax exempt entities may be required to apply for a state project exemption certificate. it www. electron iccontracti n q. com ecco connd,m1.1 a2an013 va + of + CONTRACT HOLDER: SITE ADDRESS: City of Riverside RESOLUTION NO. R -2013- 017 A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF IMPROVEMENTS TO THE JEFFERSON TAYLOR MEMORIAL TRAINING CENTER AND APPROVING THE AGREEMENT BETWEEN THE CITY AND ELECTRONIC CONTRACTING COMPANY FOR CONSTRUCTION OF SUCH PROJECT WHEREAS, the City issued a request for bids for the construction of improvements to The Jefferson Taylor Memorial Training Center ("Project"); and WHEREAS, the City received two (2) responses to its request for bid and the proposal submitted by Electronic Contracting Company ( "Electronic Contracting ") in the amount of $38,703.00 has been evaluated by the City and recommended as the most advantageous proposal for performance of the project; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a contract with Electronic Contracting to perform the Project; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS THAT the proposal of Electronic Contracting Company for the construction of the Jefferson Taylor Memorial Training Center Audio/Visual Equipment Upgrade Project in the amount of $38,703.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Electronic Contracting in substantially the same form as attached hereto in Exhibit "A" and incorporated herein by reference is hereby authorized and approved; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on -site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. Such training must be completed within sixty (60) days of the date work on the Project commences. On -site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation; and FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the :City of Riverside Missouri the / 1 ? 4 Aday of March, 2013. Kath een L. Rose, Mayor ATTEST: b Robin Littrell, City Clerk Approved EXHIBIT "A" Project Manual Client #: 35165 ELECT2 ACORD. CERTIFICATE OF LIABILITY INSURANCE D 0 0 3 /27 / 3/27/3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSPRO Insurance P.O. Box 6847 Lincoln, NE 68506 402 483.4500 NONE Carol Dorn PH ONE o FA 402483 -7977 402483 -4500 a N Ezt: AIC No: E-MAIL cdorn@insproins.com ADDRESS: @.- proins.COm INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Employers Mutual Insurance 21415 INSURED Electronic Contracting Company 6020 Panetta Dr. INSURER B: $500000 I NSURER C $5, 000 PERSONAL SADV INJURY $1000000 Kansas City, MO 64120 INSURER D GENERALAGGREGATE INSURER E GEN'LAGGREGATE LIMIT APPLIES PER PRO POUCY X JECT X LOC I NSURER F: $2,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IN RL SUER WVD POLICY NUMBER MMO/LOIUY� MM/ EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE n OCCUR OD9595713 D810112012 06/01/201 C EACH OC $1000000 PRE E MISEe n $500000 MED EXP (Any one pe,e.) $5, 000 PERSONAL SADV INJURY $1000000 GENERALAGGREGATE s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER PRO POUCY X JECT X LOC PRODUCTS - COMP /OPAGG $2,000,000 $ A AUTOMOBILE LWBIUTY My AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS OE9595713 8101/2012 08101/2013 E OaB BI INOD SINGLE LIMIT 1,000,000 BODILY INJURY (Per parson) $ BODILY INJURY (Par accident) $ I X PROPERTY DAMAGE Per accident $ A X UMBRELLAUAS EXCESS LIAR X OCCUR CLAIMS -MADE OJ9595713 8101/2012 061011201 EACH OCCURRENCE $10,00-0,000- AGGREGATE $1 DED X RETENTION $O i s A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? � (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4X3700013 8101/2012 08101/201 X WCSTATU- OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE - POLICY LIMIT $1,000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Riverside, Its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of the City are added as Additional Insured. Insurance is primary and noncontributory. A Waiver of Subrogation is in force on behalf of the City, Its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. Policies contain 30-day cancellation notice. City of Riverside 2990 NW Vivion Rd. Riverside, MO 64150 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) 1 of 1 #S457233/M405456 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CAD CITY O FF'nC 4 RIV�S Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: March 12, 2013 AGENDA DATE: March 19, 2013 TO: Mayor and Board of Aldermen FROM: Chris Skinrood RE: Contract for Jefferson Taylor Training Room Audio and Visual Upgrade BACKGROUND: The Jefferson Taylor Training Room Audio Visual Upgrade was designed by each individual bidder. This upgrade is to replace outdated and non - functional equipment that is currently in the training room. It also adds needed equipment to operate the room as an emergency operations center and to allow for dual training rooms. Two bids were received as follows: Total Electronic Contracting Co. $ 38,703.00 Progressive Electronic Inc. $ 51,1 18.62 RECOMMENDATION: The low bidder was Electronic Contracting Co. The second low bidder was Progressive Electronics Inc. After staffs review of the contract and experience questionnaire, Staff recommends approval of the resolution and acceptance of the contract with Electronic Contracting Co to proceed with work for the Jefferson Taylor Training Room Audio Visual Upgrade. BUDGETARY IMPACT: Approximately $35,000 was allocated in the Capitol Improvements budget for the construction under this contract. There will also be a change order that will follow the approval of this contract to reduce the expenditures in order to keep the obligations in line with the budget. The change to accomplish the goal will be to remove electrical work from the contract and have such work completed in- house by public works.