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HomeMy WebLinkAbout2008-096 - J.M Fahey ConstructionBILL NO. 2008-96 ORDINANCE N0.2008-96 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH J.M. FAHEY CONSTRUCTION COMPANY FOR THE ARGOSY CASINO PARKWAY PROJECT WHEREAS, the City of Riverside, Missouri ("City") has received competitive bids and engaged in negotiations with J. M. Fahey Construction Company ("Contractor") for provision of construction services related to the Argosy Casino Parkway road construction project under consideration by the City (the "Services"). WHEREAS, the City and the Contractor have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of enhancing and improving the streets in the City by constructing the Argosy Casino Parkway road project. Section 2. The City of Riverside shall enter into an agreement whereby Contractor shall provide the construction Services related to the Argosy Casino Parkway project to the City at a total cost of $2,998,451.88 (the "Agreement"). Section 3. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~NO day ofe, 2008 ~°/~~ _ Mayor Kathleen L. Rose A TE ' C' y Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE AND FOR COMPLETION OF ARGOSY CASINO PARKWAY -WEST PROJECT coNTRACTOR: J.M. Fahey Construction Company ORDINANCE NO.: 2~~8-96 CONTRACT PRICE: $2,998,451.88 Agreement 00300-1 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR ARGOSY CASINO PARKWAY -WEST CHI AGREEMENT, made and entered into as of the ~ day of 2008, by and between the City of Riverside, Missouri ("City"), and ~ .Fahey Construction Company ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance No. zoos-se ,duly approved o.r~. Fanay construction company and by virtue of the authority vested in (:ity 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 THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. "Project," as used in this Agreement and the other Contract Documents, means 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. C. "Work," as used in this Agreement and the other Contract Documents, me~u~s all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications and Drawings) to this Agreement and the other Contn3ct 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 VI of this Agreement. T'he 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. Agreement 00300-2 D. 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) availat~ility 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. ARTICLE II CONTRACT AMOUNT A. 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 Two Million Nine Hundred Ninety Eight Thousand Faur Hundred Fifty One and 88/100 Dollars ($ 2,g9s,ast.ee ). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit E are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Determination of the actual quantities and classifications of unit price Work performed by Contractor will be made by City. Final payment for all unit price items set forth in Exhibit E will be based on actual quantities, determined by City. C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be full compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Worl: are included in the lump sums and unit prices set forth in Exhibit E. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the lump sums and unit prices set forth in Exhibit E. All Work not specifically set forth in Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind in connection therewith are included in the prices set forth in Exhibit E. D. If estimated quantities set forth in Exhibit E are materially changed so that application of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit prices shall be equitably adjusted. E. 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 Ordinance No. 2ooe-ee authorizing the Work, and Contractor shall not seek, nor be Agreement 003 ~0-3 entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. 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. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than 108 working days after the date indicated in the Notice to Proceed for commencement of performance of the Work. A working day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does. not prevent at least six hours of continuous working time. If Contractor fails to achieve Substantial Completion of all the Work by this date, Contractor shall pay City $2425, as liquidated damages and not as a penalty, for each working day after this date until Substantial Completion of all the Work is achieved. 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. 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 its rights under Paragraph F below and Article XIII of this Agreement under all circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. D. 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 D does nat 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. 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 ii•om 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 V of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed ~:ime limits current under the Contract Documents. Agreement 00300-4 F. 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 ~mtil the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents wiless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to Cit:~ for review and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all `fork strictly in accordance with approved submittals. City's approval does not relieve Contractor :from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. ARTICLE IV 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, forni the entire agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMENT BETWEEN CITY OF RIVERSIDE ~~ND CONTRACTOR. 2. SCOPE OF WORK (Exhibit A to this Agreement). 3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement. 4. PERFORMANCE BOND (Exhibit C to this Agreement). 5. PAYMENT BOND (Exhibit D to this Agreement). 6. ITEMIZED PROPOSAL (Exhibit E to this Agreement). 7. PREVAILING WAGE RATES (Exhibit F to this Agreement). Agreement 00300-5 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 Con~7act Documents, making it impossible for Contractor to comply with all provisions of the Con~ract 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 V 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 Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced Ci1:y 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 fwther 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. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within 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 approv<<1 of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent as retainage until Substantial Completion of all the Work, as defined in Paragraph F below. 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 Ordinance No. 2ooa-ee Payment shall be made to Contractor after the Boarci of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. Agreement 00300-6 D. Neither Administrator's certificate nor payment made to Contractor :;hall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of re<;eipt 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. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Wor'.c is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficif;ntly complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 day; of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed after Substantial Completion, an amount equal to Z00% of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to fmal payment for the Work until Contr:actor submits an application for fmal payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator'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. 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, Agreement 003 00-7 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. 8. 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. This provision shall not confer any right upon any subcontractor or supplier to seek payrnent directly from City. ARTICLE VI CFIANGES/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. Contr~ictor 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 co;>t of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 1. If the Work involved is covered by unit prices set forth in Exhibit E•, 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 Exhibit E, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or 3. If the Work involved is not covered by unit prices set forth in Exhibit E and agreement to a lump sum is not reached, the change shall be performed on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of a net increase in the cost of Contractor's performance, a reasonable allowance on the net increase; for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. U~iless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe Agreement 00300-8 benefits required by agreement or custom, and workers' compensation insurance; co:;ts of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, u:;e or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Work causes an increase or decrease in the time requires' for Contractor's performance, an equitable adjustment to the time for performance shall be made. C. 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 V~'ork, and no claim that City has been unjustly enriched by any alteration or addition to the V~'ork, 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. D. 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, includin€; 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. E. 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 sha:!1 be equitably extended, provided that Contractor gives notice as provided for in Paragraph F belcw. F. 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 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. G. 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, :;hall excuse Contractor from proceeding with prosecution of the Work, including any Worl: as changed. Agreement 00300-9 ARTICLE VII INSURANCE A. Contractor shall, at all times during the performance of any of the Vb"ork, maintain not less than the following insurance coverages 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 have not less than the following limits: a. Each occurrence $1,000,000.00 b. General aggregate $2,000,000.00 c. Products/completed operations aggregate $2,OOO,OOO.OC d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • PersonaUadvertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. 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 (:ity, against claims for bodily injury and/or property damage arising out ol~ the ownership or use of any owned, hired, and/or non-owned vehicle and :>hall 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 $1,000,000.00 for each accident. 3. 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. Agreement 00300-10 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 (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liat~ility 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 or general automobile liability coverage) shall, in i.'orm 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, anti (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 hazard. C. Contractor shall maintain the products and completed operations coverag<; for not less than five 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 Builo.er's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss ex;,ept 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. 'Chis 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 D, 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 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 VII. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven 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 coverages and .my higher limits provided for elsewhere in the Contract Documents and shall furnish City <tny additional insurance documentation provided for elsewhere in the Contract Documents. Agreement 00300.11 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 coverages and amounts satisfying all the requirements of this Article VII. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article VII shall be delivered to City's designated representative not less than seven (7) days before the subcontractor first performs any of the Work. ARTICLE VIII 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, loses, 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 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 described in this Paragraph A. B. In claims against any person or entity indemnified under the preceding Paragraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they maybe liable, the indemnification obligation under Paragraph A 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 u:lder workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, emplo:~ees 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 agz.inst any of them, on account of any such actual or alleged infringement. ARTICLE X COVENANT AGAINST 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 Agreement 0030C-12 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 X. ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two years after final payment to Contractor, Contractor :;hall 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 payment;; 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 contr~icts, 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 rea~rds at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII 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: David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 For Contractor: ~ose~ T. a{ ~ C o J.M. Fahey Constr do Come 408 High Grave Road Grandview, MO 64030 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 given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. Agreement 00300-13 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 XIII DEFAULT 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 an.~ of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish 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 Vv"ork, (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, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, acid if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. 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 Contract:or'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 employee 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. Agreement 00300-14 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 Cor.~tract 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. ARTICLE XIV TERMINATION FOR CITY'S CONVENIENCE 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 fw-ther 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 XIV. ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local larws, 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 fi~om 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. Agreement 00300--15 ARTICLE XVI 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, subcontrac:tor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the V6'ork shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. Each subcontract or purchase order issued by Contractor for any of the V~'ork shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to (~ity 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 XVII 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 anc: 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 ;ind confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within 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 XVIII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. Agreement 00300-16 ARTICLE XIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence ir.. the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Contractor's obligation to perform its Pork properly. Neither final payment, Administrator's final certificate, nor any other provision iri 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 XIX 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 XX STORAGE OF MATERIALS AND EQUIPMENT 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 XXI 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 t~ilce 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 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. C. 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 Agreement 00300- 7 does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make rio 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 XXII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purposE;. ARTICLE XXIII CONFLICT Contractor shall promptly upon discovery advise 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 ifs sole discretion. ARTICLE XXIV BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Administrator, a payment bond and a performance bond in the forms at Exhibits C and D to this Agreement, or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall guarantee and secure Contractor's proper performance .and completion of the Work, and performance of all of Contractor's obligations and duties under the Contract Documents, including, without limitation, all warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment, and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is included in the Contract Amount. ARTICLE XXV 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 XXVI 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 XXVH DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contr~ict 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 Agreement 00300-:18 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 XXVIII 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 XXIX 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, understanding;~, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document maybe 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 exec~rted and approved by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE By: MAYOR ATTESTED: C Y CLERK J.I. Fahey Construction Company By: ~51~~,, i~a~,LC Printed Name: ~S,.p~ T Fslu~y Title: G.F__~ Agreement 00300-19 Project: Argosy Casino Parkway Wsat Project EXHiBI');' C --1?l1RFORMPl11TCE BOND Bond No. 1051712.7 FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT BETWEEN CITY OF RTVERSIDI? AND CONTRACTOR, dated 2008, designated Ordinance No. 2008-96 , in every particular, J.11. Fahey Construction Company a5 Principal, and Travelers Casualty and 9uraty Company oP Amsrsoa as Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, uato the City~of Riverside, Missouri, in the penal sum of o e and188/100n0ollarsa($2i9 8y451988)Thousand Four Hundred Fi'ty lawful money of the United States, conditioned that in the even# Principal shall faithfully and properly complete the Work required by the Contract Documents described in the Agreement and perform all of its obligations and duties pursuant to the terms of the Contract Documents, including, without limitation, all warranty obligations and duties and including those under which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.210 to 290.340 and 290.550 through 280.580, inclusive, of the Revised Statutes cf Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the teruzs of the Contract Documents or to the Work to be performed thereunder shad in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work, Agreement -Exhibit C Page 1 J.M. Fahey Construction Company 408 High Grove Road Grandview MO 64030 BRINCIPAL ~~ sl tllr ~~ _~ Printed Nanne: Ts~~iT' F,,,.,cy~ Title: . ~. O . Date: Q /e Z /o Travelers Casualty and Surety Company of America One Tamer Square Hartford, CT D6183-6014 (860)277-0111 SURETY By: Signs. ~ Printed Name; .Mary .Flanigan ']'it]e; Attorney-in-Fact Date: SURETY POWER OP' ATTORNEY MUST BE ATTACHED Agreement -Exhibit C Page 2 WARNING: THIS IS INVALID TRAVELERS J~ POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219640 Certificate No. ~1 O 2 ~'F 3 3 3 3 J KNOW ALL MEN BY THESE PRESENTS: That Seaboazd Surety Company is a corporation duly organized under [he laws of [he State of New York, that St. Paui Fire and Marine Insurance Company, S[. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the S[a[e of Minnesota, that Fatmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surely Company of America aze corporations duly organized under the laws of [he State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the Slate of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of [he Stale of Iowa, and [hat Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the Stale of Wisconsin (herein collectively called the "Companies"), and [hat the Companies do hereby make, constitute and appoint Melissa D. Evans, Patrick T. Pribyl, Debra J. Scarborough, David M. Lockton, Christy M. McCart, Mary T. Flanigan, Ronald J. Lockton, Clifford B. Young, Claudia Mandato, Carolyn van Haaren, Laura E. Coon, Jeffrey C. Carey, Kathy L. Fagan, Chades R. Teter III, and Adam J. Cantu of the City of _ Kansas City ,State of MISSOUI7 [heir We and lawful Attarney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the CompaBiC~have caused this instrument to be signed and [heir corporate seals [o be hereto affixed, this day of June Y l/tl Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insutance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 11th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.SU,~~j swfJt. yF\0.E0. T0.N INS• ~\N$U PITY II/Q pT' r a • a~ '~iy QO.~ v....,Giy c~P'".......9q~ 4a~ +6s ~ ~Y~ +/~Tf WVm,..-_ rf T .FOP OM.F>f CF Y.'tPPVON9rE::~ Y ~. r~ Z ~ i ~ Ii/I -.^~,nF1~tU 1'9G7 t//_- j Fi ~.~ n~ WOO ~j~ < ~D ~~,, ~. n ai 'o ~ 1 =6`"r+E~aD ~ }7~~ 1951 wQjF, ,k a4 a. o~ 7~SE AL~o ~`,,SSEL:'t COnN. n WIM R `d, ~B ~p y ~ P .N. S~ ^ FG F........... ar d\. a^ 's P~ ~ ~ di'" ANEW OFUC fNM APB ir........ ~.F sr P++ AIN Slate of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 11th June 2008 On [his the day of ,before me personally appeared George W. Thompson, who acknowledged himself [o be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surely Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and [ha[ he, as such, being authorized so [o do, executed the foregoing instrument for the purposes therein contained by signing on behalf of [he corporations by himself as a duly authorized officer. p.TET In Witness Whereof, I hereunto set my hand and official seal. '~ TIW~ My Commission expires the 30th day of June, 201 ]. * ~t,~os 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY `cnc~vu.~ C . ~.~~ Marie C. Te[reaul[, Notary Puhlic RED BORDER Pro~act: Argosy Casino Parkway West Project EXHIBIT p - F~, NT BOND Bond No. 1 051 71 247 J.m. Fahey Construction Com any .__. and the CITY OP RIVERSIDE, MISSOURI, have entered into an Agreement dated , 2008, designaa:ed Ordinance No. Zoos-96 J.I. Fahey Construction Company as Principal, and Travelers Casualty and Surety Company oP America a8 Surety, hereby bind themselves and th,:ir respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, Two f7illion Nine Hundred Ninety Eight Thousand Four Hundred 1~Iissouri, is the penal sum of F1Pty one and 88/100. Dollars ($2,99E9,451.88) lawful money of the United States, conditioned that in the event Principal shall pay the prevailueg houz-ly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by tT:~e Department of Labor and Industrial Relations of Missouri or by fens] judicial detecnlination pursuant to the provisions of Sections 290.OI0 to 290.340 and 290.550 through 290.58(1, inclusive, of the Revised Statutes of Missouri, and shall tinD.ely pay to the proper parties al.l amounts due for material, machinery, equipment and tools, consumed or used in connection with the construction. of such Work, and al] insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether b}~ Principal, subcontractor, or otherwise, then tbas obligation to be void, otherwise to remain in full. force and effect, and the same may be sued on at the instance of any subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any 'ovi,se affect its obligation on Agreement -Exhibit D Fage 1 this Bond, and it does hereby waive notice o£ any such change, extension o£ time, alteration or addition to the terms of the Contract Documents or to the Work J.IM. Fahey Constructicn Company 408 High Grove Road PRINCIPAL 13y: ~ (Si afore) Printed Name: osa~H ~ • AKA Title: C.,. L-. o Date: ~ /~ 10 8 Travelers Casualty and Surety Company oP Am~arica One Tower Square Hartford, CT 06183-6074 (860)277-0711 SURETY ,.( By: rf (Signature) Printed Name: ~1ary T. Flanigan Title: Attorney-in-Fact Date: SURETY POWER OF ATTORNEY MUST SE ATTACHED Ageement - Exhibit D page 2 ,, TRAVELERSJ~ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fac[ No. 219640 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 2 4 3 3 3 4 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboazd Surety Company is a corporation duly organized under the laws of the State of New fork, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and S[. Paul Mercury Insurance Company are corporations duly organized under [he laws of the State of Minnesota, [ha[ Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under [he laws of the Slate of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under [he laws of [he Stale of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaanty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the S[a[e of Wisconsin (herein collectively called the "Companies"), and that [he Companies do hereby make, constitute and appoint Melissa D. Evans, Patrick T. Pribyl, Debra J. Scarborough, David M. Lockton, Christy M. McCart, Mary T. Flanigan, Ronald J. Lockton, Clifford B. Young, Claudia Mandato, Carolyn van Haaren, Laura E. Coon, Jeffrey C. Carey, Kathy L. Fagan, Chades R. Teter III, and Adam J. Cantu of [he City of Katl$a$ Clt}' , S[a[e of MISSOUI7 , [heir true and lawful At:omey(s)-in-Fact, each in their separate capacity if more than one is named above, [o sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undenakings and other writings obligatory in the nature thereof on behalf of the Companies in [heir business of guaranteeing the fidelity of persons, guaranteeing th•: performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions ox proceedings allowed by law. IN WITN~u eWHEREOF, the Comp2n0~gs8have caused [his instalment to be signed and [h¢ir corporate seals to be hereto affixed, this day of U Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 11th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G).SU,fl swrry t\0.F 6 r.M IM3• i INSU ltY 9h Y ~ r~L 14 r 'yi ~\.~....., pq OP..._....991 aJ~ OOG ~110tMgY~ /~ ~O ~ O m 'l'.OAFOfl,,>r~~ W4' PVONAl `:~ Op L"~ s ~is s 2 0 ~ 1977 "~°0attm ~71 19G l t "' ! m I i i -._ f 1 n W aRRIFOND. taRtF01D. tom, ~ Cltrri ~ O ~4~~Sy ~~~ 1951 w~O ;SEAL %ro' a`~,S87LL ~3° o ~~ '~ f ~s nN OFM1£a °O~~ucE °iS.AN~i >rr.........'a~ ~dt M~)r AIN , ) State of Connecticut City of Hanford ss. BY~ t/ a Georg Thompson, enior ice President On this the 11th day of June 2008 fore me personally appeared George W. Thompson, who acknowledged himself ro be [he Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instmment for [he purposes [herein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~p.TlT~ In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2011. * p~`~G$ Marie C. Tetreault, Notary Atblic 58440-5-07 Printed in U.S.A. ,"=•'•, MISSOURI DEPARTMENT OF'(iEVENUE FOFtM t~~~j CUSTOMER SERVICES DIVISION 'Coco V TO BE GIVEN TO PROJECT E MPTION CERTIFICATE (REV. 10 -2005) YOUR CONTRACTOR NAM EXEMPT ENTITY ISSUI FICATE r AUSSOURI TAX EXEMPTION Nl1MBER I ~~~ ADDR S 7 / CRY S ZIP G/C/ ~' D BEGIN PROD T ~ PROJE PLEA DATE PROJECT BER D DES I PROJECT A~ J PROD ocaT ~ EXPIRATION DATE ~,/ ' - / ~/! Give signed copy of this c ticate, alon Ith a copy of your sour) SalesNse Tex Exemption Letter to each contractor and/or subcontractor who will be rchasing tangible personal property for use in this project. It is your responsibility to ensure the validity oft certificate. You st Issue a new certificate If any ot'the Information changes. EXE PT 'S AUTHO ZED ATURE • ~ DATE 9~-0~ The MI ours exempt entity named above hereby authorizes the pu ase; wlthoul sales tax, of tangible personal property to be Incorporated or consumed In the amatruc- tan proled Idendfled hereN erid no other, pursuant W Sectbn 14 2, RSMo. ' N PU CHASI ON ACTOR O USCONT CTOR /J Contractor/Subcontractor present this to your supplier in /LSO order to purchase the necessary aterials tax exempt ADS - / ` CITY ST E ZIP a /( ~ ~ ~ ....er .,. C •- T I ms puuncauon is avauarne upon request in flltemauva accasslbla format(s).