HomeMy WebLinkAboutR-2013-111 City Hall Carpet Replacement - Carpet Corner RESOLUTION NO. R-2013- 111
A RESOLUTION AWARDING THE BID FOR RIVERSIDE CITY HALL FACILITY CARPET
REPLACEMENT IMPROVEMENTS AND APPROVING THE AGREEMENT BETWEEN THE
CITY AND THE CARPET CORNER, INC. FOR SUCH PROJECT
WHEREAS, the City issued an invitation to bid for the replacement of carpet in the city hall
facility ( "Project'); and
WHEREAS, the City received two (2) responses to its invitation to bid and the bid submitted by
The Carpet Comer, Inc. ( "Carpet Corner") in the amount of $58,558.00 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 that Carpet Corner is the lowest responsible bidder
and that it is in the best interest of the City to enter into a contract with Carpet Corner 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 Carpet Corner for the replacement of carpeting in the city hall
facility in the amount of $58,558.00 is hereby accepted and approved; and
FURTHER THAT an agreement by and between the City of Riverside and Carpet Corner,
in substantially the same form as attached hereto and incorporated herein by reference is hereby
authorized and approved; and
FURTHER THAT the Mayor, the City Administrator, 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 Resolution 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.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of
the City of Riverside Missouri the of October, 2013.
_
.
° Ka leen L. Rose, Mayor
ATTEST: ;Lett
Robin Littiel�erk
CITY OF RIVERSIDE, MISSOURI
ADVERTISEMENT FOR BIDS
Sealed bids for the City Hall Facility Carpet ReplacementProject will be received by the City
10:00 a.m., on
Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until
October 3, 2013
, and then publicly opened and read aloud at Riverside City Hall.
Bid and Contract Documents may be obtainedat Riverside City Hall, or on the City of
Riverside’s website, www.riversidemo.com.The Cityreserves the right to waive any informality
or to reject any or all bids.
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CITY OF RIVERSIDE, MISSOURI
INFORMATIONFOR BIDDERS
The City of Riverside, Missouri (the “City”) invites sealed bids for the
City Hall Facility Carpet Replacement Project
1.Receipt and Opening of Bids.
Bids will be received by the City at the office of the City Clerk,
10:00 a.m., onOctober 3,
Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until
2013
, at which time all sealed bids will be publicly opened and read. The envelopecontaining the bids
City Hall Facility Carpet Replacement
must be sealed, clearly marked on the outside of the envelope “
Project
” and addressed to the City Clerk at Riverside City Hall.
The City reserves the right to award the contract by sections, to accept or reject any and all bids, to waive
any technicalities or irregularities therein, to negotiate further with the selected bidder, to determine in its
sole discretion the lowest responsive and responsible bidder, and to award the contract on such basis.
Any bid may be withdrawn at the request of the bidder for return of the bid packet submittedby filing a
written request with the City Clerk prior to the above scheduled time for the opening of bids or authorized
postponement thereof. Any bid received after the time and date specified shall not be considered.No
bidder may withdraw a bid within 90 days after the actual date of the opening thereof without forfeiture of
the Bid Security, if applicable.
2.Rejection of all Bids.
If the City rejects all Bids, the City may: (1) re-advertise or re-solicit Bids
following the City’s normal bidding procedure; or (2) use an expedited Bid submission schedule when the
City determines that the delay would not be in the best interest of the project or the City.
BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE
CITY BECAUSE OF SUCH REJECTION, AND THE SUBMISSION OF ANY BID IN RESPONSE TO
THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE
CONDITIONS.
3.Preparation and Submission of Bid.
Each bid must be submitted on the prescribed form(s) and
accompanied by anAffidavit of Work Authorization. All blank spaces for bid prices must be filled in, in
ink or typewritten, in both words and figures. On alternate items for which a bid is not submitted, a
written indication of "no bid" on the bid form is required. No oral, electronic, facsimile or telephonic bids
or alterations will be considered.
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND
CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE
BIDDER WARRANTS THAT IT HAS READ THE BIDDINGAND CONTRACT DOCUMENTS AND
IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE
WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS,
AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL
ITEMS OF THE WORK.
The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid
Documents are sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the work.
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Bidsby a corporation must be executed in the corporate name by the president or a vice-president (or
other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be
affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown
below the signature.
Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must
appear under the signature and the official address of the partnership must be shown below the signature.
4. Addenda and Interpretations:
No interpretation of the meaning to the plans, specifications, or other
pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in
writing addressed to: Public Works Director, City of Riverside: Tom Wooddell; 816-741-3908;
twooddell@riversidemo.com;and to be given consideration must be received at least five (5) calendar
days prior to the date fixed for theopening of bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the Bid Documents which, if issued, will be
available on the City’s website.No one is authorized to make any clarifications, interpretations or
modifications or give any instructions to the bidders during the bidding period except as described in this
Section.
5.Substitute Material and Equipment:
The contract, if awarded, will be on the basis of material and
equipment describedor specified in the specifications without consideration of possible substitute of "or-
equal" items. Whenever it is specified in the specifications that a substitute "or-equal" item of material or
equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance
will not be considered by City until after the "effective date of the Agreement".
6.Subcontracts:
The bidder shall submit to City with the Bid a list of all proposed sub-contractors to be
used on the project. The list shall indicate those portions of the work each sub-contractor will be
performing. The Contractor shall also submit a list of suppliers of major materials to be used on the
project. The list shall indicate which materials each supplier is furnishing.
The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at
the time of submission of the bid to manage or perform all of the Work required to be performed on the
project by Contractor under the Agreement.
7.Qualifications of Bidder:
The City may make such investigations as it deems necessary to determine
the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information
and data for this purpose as the City may request. The City reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly
qualified to carry out the obligations of the contract and to complete thework contemplated therein.
Conditional bids will not be accepted. At a minimum, each Bidder must submit the following
information with the Bid:
Authority to Do Business in Missouri.
Each bid must contain evidence of bidder's qualification
and good standing to do business in the State of Missouri or covenant to obtain such
qualification prior to award of the contract.
Statement of Assurances.
Provide affirmation of the following items:
Statement that Bidder is current on payment of Federal and State income tax
withholdings and unemployment insurance payments
Statement that the Bidder has not been rescinded or debarred from any bidding,
contractual, procurement or other such programs by federal state or local entities.
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Statement of Bidder’s litigationand/or arbitration history over the past seven (7) years
including final ruling. Pending cases must be disclosed with a notation that the matter is
still unresolved.
Provide sworn affidavits as outlined in the Information to Bidders’ concerning Bidder’s
participation in the federal work authorization program.
Statement that there is no collusion or fraud with reference to illegal relationships of
bidders and representatives of the City, bid pooling or strawbids
8.Time of Completion and Liquidated Damages
: Bidder must agree to commence work on or before a
"Notice to Proceed" of the City and to fully complete the project
date to be specified in a written
within 15consecutive Calendar Days thereafter
.
9.Conditions of Work:
Each bidder must informhimself fully of the conditions relating to the
construction of the project and the employment of labor thereon. Failure to do so will not relieve a
successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of
the contract. Insofar as possible the Contractor, in carrying out the work, must employ such methods or
means as will not cause any interruption of or interference with the work of any other contractor.
10.Laws and Regulations:
The bidder's attention is directed to the fact that all applicable federal and
state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over
the project shall apply to the contract throughout, and they will be deemed to be included in the contract
the same as though herein written out in full.
11.Method of Award -Lowest Responsible Bidder:
The contract will be awarded to the “lowest
responsible bidder”.
If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of
the Alternates in determining the lowest responsible Bid. The City may include the Alternates in any
combination and in any order or priority as deemed in the best interest of the City. The City may make
this determination at any time after bid closing and prior to contract award. The City will act in the best
interest of the City in determining whether to include any, all or none of the Alternates and the
combination and priority of any Alternates selected. If additional funding becomes available after
Contract award, the City may add any or all of the Alternates to the Agreement by Change Order.
The City may consider the qualifications and experience of subcontractors and other persons and
organizations (including those who are to furnish the principal items of material or equipment) proposed
for portions of the work.
12.Obligation of Bidder:
At the time of the opening of bids, each bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents
(including all addenda). The failure or omission of any bidder to examine any form, instrument, or
document shall in no way relieve any bidder from any obligation in respect to the bid submitted.On
request, City will provide each Bidder access to the site to conduct such investigations and tests as each
Bidder deems necessary for submission of his bid.
13. Federal Work Authorization Program Participation:
Bidders are informed that pursuant to
Section 285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars
($5,000), the successful bidder shall, by sworn affidavit and provision of documentation, affirm its
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enrollment and participation if a federal work authorization program with respect to the employees
working in connection to the contracted services. The affidavit shall further provide that the successful
bidder does not knowingly employ any person who is an unauthorized alien in connection to the
contracted services.
14.Proof of Lawful Presence:
RSMo 208.009 requires that contractors provide affirmative proof that
the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United
States. Affirmative proof can be established through a Valid Drivers License; US Birth Certificate
(certified with an embossed, stamped or raised seal issued by a state or local government –hospital
certificates are not acceptable); US Passport (valid or expired); US Certificate of Citizenship,
Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a
copy of US Birth Certificate issued by a state or local government.
15.Reserved:
16.American Products:
Pursuant to RSMo 34.353, any manufactured good or commodities used or
supplied in the performance of the contract (or subcontract) shall be manufactured or produced in the
United States, unless determined to be exempt as provided in state law.
17.Transient Employers:
Pursuant to RSMo 285.230, every transient employer (employer not
domiciled in Missouri) must post in a prominent and easily accessible place at the work site a clearly
legible copy of the following: 1) Notice of registration for employer withholding issued by the Missouri
Director of Revenue, 2) Proof of coverage for workers’ compensation insurance or self-insurance verified
by the Missouri Department of Revenue through the records of the Division of Workers Compensation;
and 3) Notice of registration for unemployment insurance issued to such employer by the Division of
Employment Security. Contractor shall be liable for a penalty of $500.00 per day until such notices
required by RSMo 285.230 et seq. are posted.
18.Current City Business License:
The successful bidder, and all subcontractors, shall obtain a current
city business license prior to beginning construction.
19.Sales Tax Exemption Certificate:
The City will supply the Contractor with a Project Exemption
Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in
preparing its bid, omit from its computed costs all sales and use taxes related to the purchase of materials
or other tangible personal property incorporated into or consumed in the construction of the Project.
20. Non Discrimination and Equal Opportunity:
Contractor shall ensure that all employees are
treated equally without regard to their race, color, religion, sex, age, handicap or national origin.
21. Insurance:
Contractor shall provide certificate of insurance evidencing general commercial
insurance coverage in an amount not less than $1,000,000, as well as workers’ compensation in amount
not less than the statutory amount.
22.Signing of Agreement:When City gives a Notice of Award to the successful bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement and all other Contract
Documents. Within twenty (20) days thereafter Contractor shall sign and deliver at least three (3)
counterparts of the Agreement to City with all other Contract Documents attached and signed as required,
together with the required bonds, evidence of insurance, city licenses and work authorization affidavit and
documentation. Within ten (10) days thereafter City will deliver all fully signed counterparts to Contractor.
The City may issue a Notice to Proceed with or at any time after delivery of signed counterparts to
Contractor.
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H.“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 A (Scope of Work and
Drawings) 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 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.
I.“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 cannot 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
Project Manager, as necessary to carry out the Work required by the Contract Documents. The
additional drawingsand instructions thus supplied will become a part of the contract drawings,
the Contractor shall carry out the Work in accordance with the additional detail drawings and
instructions.
ARTICLE III
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 Fifty-Eight Thousand Five Hundred Fifty-Eight Dollars and
no cents ($). Thisamount shall include all costs, permit fees, profit, overhead,
58,558.00
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 performedat unit
prices set forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of
unit price Work set forth in Contractor’s Bid for Unit Price Contracts are estimates only, are not
guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract
Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the
actual quantities and classifications of unit price Work performed will be made by City and (2)
final payment forall unit price items set forth in Contractor’s Bid for Unit Price Contracts will
be based on actual quantities as determined by City. The Contractor is responsible for verifying
the unit quantities before excavation and/or installation at the project site. Contractor shall
identify and notify the City of any variance in unit quantities in excess of ten percent (10%) of
the amount set forth in Contractor’s Bid for Unit Price Contracts IN ADVANCE of performing
the Work. Any increase in quantities of materials or work performed as a result of over-
excavation by Contractor will not be compensated.
C.Payment of the Contract Amount 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 Work are included in the Contract Amount. 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 Contract Amount. The work set forth in the Contract Amount
shall be itemized in Contractor’s Bid for Unit Price Contracts. All Work not specifically set
forth in Contractor’s Bid for Unit Price Contracts 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 Contract Amount set
forth in Contractor’s Bid for Unit Price Contracts.
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 ORORDINANCES 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 THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR
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 __30__ calendar days after the date set forth in the
Notice to Proceed for commencement of performance of Work. The Contractor will proceed
with the work at such rate of progress to insure Substantial completion within the contract time.
It is expressly understood and agreed, by and between the Contractor and the City, that the
contract time to achieve Substantial 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.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, subject to City approval.
Contractor shall give the City at least 48 hours’notice if intending to work on Saturday, Sunday,
holidays or days of impending inclementweather.
D.DELAY IN PERFORMANCE. In the event the City 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, theCity may, in the
City’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.
E.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 timeas 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
F.DRAWINGS AND SPECIFICATIONS. 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. In case of conflict between the drawings and
specification, the specifications shall govern. Figure dimensions on drawings shall govern over
general drawings. Any discrepancies found between the drawings and specifications and site
conditions or any inconsistencies or ambiguities in the drawings or specifications shall be
immediately reported to the Project Manager in writing, who shall promptly correct such
inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the Contractor’s risk.
G.SHOP DRAWINGS. Contractor shall submit to Project Manager for review 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. Shop drawings shall bear the Contractor’s certification
that it has reviewed, checked and approved the shop drawings and that they are in conformance
with the requirements ofthe 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. Portions of the work requiring a shop
drawing or sample submission shall not begin until the shop drawing or submission has been
reviewed by the Project Manager. Review of any Contractor submittal shall not be deemed to
authorize deviations, substitutions, or changes in the requirements of the Contract Documents
unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. When submitted for the Project Manager’s review, any shop drawing
which substantially deviates from the requirement of the Contract Documents shall be evidenced
by a Change Order. 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 shopdrawings, 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.
H.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.
I.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 provideat the Contractor’s expense the testing and inspection
services required by the Contract Documents. The City shall provide all inspection and testing
services not required by the Contract Documents. If the Contract Documents, laws, ordinances,
rules, regulations or orders of any public authority having jurisdiction require any work to
specifically be inspected, tested or approved by someone other than the Contractor, the
Contractor will give the Project Manager timely notice of readiness. The Contractorwill then
furnish the Project Manager the required certificates of inspection, testing approval. 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 Project Manager 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 materialsand 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.
J.
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 theconstruction 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.
K.SUBSTITUTIONS. Whenever a material, article, or piece of equipment is
identified on the drawings and specifications by referenced to brand name or catalog numbers, it
shall be understood thatthis is referenced for the purpose of defining the performance or other
salient requirements and that other products of equal capacitates, quality and function shall be
considered. 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 opinion of the City, such material, article
or piece of equipment is of equal substance function to that specified, the City may approve, in
writing, its substitution and use by the Contractor. Any cost differential shall be deductible from
the contract price and in such event the Contract Documents shall be modified by Change Order.
The Contractor warrantsthat 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.
Permits and licenses of temporary nature necessary for the prosecution of the work shall
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 underthis Agreement shall be made only upon proper approval of the
City. 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, City
shall withhold five percent (5%) as retainage until final completion and acceptance of the Work.
The five percent (5%) retainage may be reduced by Change Order if final completion and
acceptance of the Work is delayed due to unforseen 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 nor 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 Project Manager issues his or her certificate to that effect. Within thirty (30)
days after the delivery of the Certificate of Acceptance certificate, City 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, material men and furnishers 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 directedin 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:
1.If the Work is covered by unit prices set forth in Contractor’s Bid for Unit
Price Contracts, 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 for Unit Price Contracts, 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 adjustmentto 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 behalfof 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 itis
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’s and amounts:
1.COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, 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, together with its employees and officers, as an additional insured and
have not less than the following limits:
a.Each occurrence$2,000,000.00
b.General aggregate$3,000,000.00
c.Products/completed operations aggregate$3,000,000.00
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.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 $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’ CompensationStatutory
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 “A-” 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 (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 one (1) years after the date of final acceptance by City of all of Contractor’s Work.
D.Contractor shall obtainproperty 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 intransit, 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 suppliersfor 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
ofCity, 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 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
coverages 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.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
RESERVED
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 contingentupon 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.
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.Any noticerequired 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 City Hall for the City, or the address provided by the
Contractor for itself, or delivered in person to said party or their authorized representative.
B.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 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 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.
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, otherwisedue 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 withhold, 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 with all federal, state, and local laws, ordinances, rules,
regulations, orders, and the like applicable to the Work. 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 byContractor 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
RESERVED
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.
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 terminatingany 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
RESERVED
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 carry out its responsibilities in accordance with customarily
accepted good professional practices. The Contractor warrants and guarantees for one (1) year
from the date of completion and acceptance of the work that the completed work is free from all
defects due to faulty materials or workmanship. The date of completion for all scopes of work
shall be the last date of acceptance of all work in this contract. 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
ofobserved 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. Neither final payment, 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
ofContractor 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.Reserved.
E.Reserved.
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 the City shall be made because of the City’s
preparation of this Agreement or other Contract Documents.
ARTICLE XXXIII
DISPUTES/ATTORNEY FEES
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 ofreference 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 Projectand are made a part hereof by reference.
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.
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EXHIBIT A –SCOPE OF WORK
TITLE:RIVERSIDE CITY HALL FLOORING PROJECT
ATTACHMENTS:
SCOPE OF WORK:The contractor shall provide all materials, labor, equipment, and supervision
required to accomplish the following:
General Description:This scope of work is to be accomplished at the Riverside City Hall Facility 2950
NW Vivion Road Riverside, MO. 64150. The contractor shall remove existing carpet,cove base,
transition strips, thresholdsand install new carpet tiles, cove base, and transition strips/ thresholds that
are equal or greater than the existing commercial grade carpet ,cove base and transition strips in
designated areas, corridors and rooms. Total flooring square footage is estimated at 11,021 sq.ft. Cove
base is estimated at 5512 lf.
Demolition:
1.Remove and properly dispose of the designated existing carpet,cove base, and transition
strips /thresholds.
Preparation:
1.Preparation for flooring installation:
Examine surfaces on which carpet tileswillbe installed to insure that the floor is
clean and free of oil, waxy films, paint, dust and substances that prevent adhesion,
leave floor dry and cured, free of residue from cleaning agents.
Correct conditions which will impair proper installation, including trowel marks,
pits, dents, protrusions, cracks or joints. Fill cracks, joints, depressions and other
irregularities in substrate with leveling compound. Do not use adhesives for
filling or leveling purposes.
Check and confirm new carpet square thickness at all wooden and metal doorways
and doors for proper clearance and correct operation of door swing. Contractor
shall adjust/modify or correct any door swing clearance issue created or related to
the new carpet square install.
The contractor shall clear away debris from substrateand “vacuum clean”. Apply
sealer to substrate in accordance to manufacturer’s recommendation to prevent
dusting. The contractor shall “ vacuum clean” the substrate immediately before
installation.
Installation:
1.Install carpet tiles/cove baseand transition strips/thresholdsin the City Hall Facility. See
attached project area description for locations.
Color and pattern to be selected by the Director of Public Works.
Secure carpet squarestocleaned and prepped substrateof spaces with adhesive
applied as recommended by the carpetsquare manufacturer.
Follow the carpet square manufacturer’s recommendations for matching pattern
and texture directions.
Provide and installnew metal/vinyl/rubber transitions strips/thresholdsto protect
the exposed edges of the new carpet squares.Where appropriate all disturbed
ttransition strips shall bereplacedunder doors, entryways and all transition areas
adjacent to vinyl/tileflooring.
Replace all existing cove basetransition strips /thresholdsin areas where the
carpet squares arebeing placed. Colorand patternshall be selected by the Public
Works Director.
Remove all waste, fasteners, and other cuttings from carpet/tile floors, vacuum
carpet.
The contractor will be responsible for insuring that all furniture, workstationsand
miscellaneous items are moved and replaced to complete all work under this
contract. Occupants/employeesof the building will be responsible for moving
computers and personalitems.
cription:
Project Area Des
Riverside City Hall Facility, offices, corridors, meeting rooms to include all areas where existing carpet
is located.Total flooring square footage is estimated at 11,021 sq.ft. Cove base is estimated at 5512 lf.
An additional 200 yds. of matching carpet tile shall be ordered with the original order to be held back, for
the purpose of future replacement and maintenance by the City. The additional 200 yds. of carpet squares
shall be in original packaging and not subject to square footage Install costs.
Specifications:
Carpet Tilesshall be equal or greater than the existing commercial grade carpet. Cove base and transition
strips /thresholds shall be equal or greater than the existing vinyl cove base and transition strips/thresholds
/beveled edges.
Size-24”x24” Carpet Tiles
Traffic-Heavy Commercial
Backing-Thermoplastic
Pile Yarn -100% Nylon
Dye-Solution Dye
Weight -Minimum 20 oz.
Gauge-1/10
Density –Minimum 5000
Adhesive System-Factory supplied or applied adhesive with no detectable VOC’s.
SUBMITTALS:
1.Prior to award: The contractor shall submit to the Director of Public Works, the
manufacturer’s product specifications complete with technical product data for the carpet tiles
carpet.The product specifications shall, as a minimum, provide technical details on the
following items
a.Manufacturer’s name and product line.
b.Manufacturer’s Warranty
c.Contractors Warranty for install and workmanship.
d.Carpet Tile Specifications:
Backing
Fiber
Gauge
Weight
Dye
Traffic rating
Stain Protection
Adhesions System
Testing
Square footage and total yds. of carpet tiles.
Manufacturer’s name and brand/type of carpet tile adhesive.
2.After award: the contractor shall submit color samples of carpet tile, and cove base to the
Public Works Director for selection.
3.After completion of work: the contractor shall submit manufacturer’s printed maintenance
recommendations, including methods and frequency recommended for maintaining carpet
and tile in optimum conditions to the Public Works Director.
SCHEDULING AND ACCESS:
1.Building will be occupied during installation of flooring.
2.The contractor will be responsible for insuring that all furniture, workstationsand
miscellaneous items are moved and replaced to complete all work under this contract.
Occupants/Employeesof the building will be responsible for moving computers and personal
items.
3.To enter the building for work or to conduct a site visit the contractor shall contact the Public
Works Director to gain access. Contractor/crew will be subject to background checks for
security clearance prior to starting the projectby Riverside Public Safety.
4.Work is to be performed during regular business hours Mon.-Fri. Alternate work schedule
request shallbe submitted in writing by the contractor for approval by the Director of Public
Works.
Notes:
1.The measurements and quantities furnished here are for reference only. The contractor is
responsible for actual field verifications prior to bidding, ordering materials and during every
step of construction for existing surfaces, dimensions and conditions.
2.Repair, refinish areas damaged or disturbed by new work to be provided under this contract.
3.The City reserves the right to add quantities for additional areas at designated city facilities
under this contract.
4.Properly remove, haul, and dispose of all debris. The contractor shall not utilize City
dumpster containersfor disposal of job debris.
5.Include all manuals with warranty including contractor andsupplier contact information.
CONTRACTOR MUST PURCHASE A RIVERSIDE CITY BUSINESS LICENSE AND PROVIDE AN
INSURANCE CERTIFICATE.