HomeMy WebLinkAbout1321 Custom Ligting Services DBA Black & McDonald Horizons 41st Street Ductbank Extension SECTION 1. BEST INTEREST OF THE CITY. It is in the best interest of the City in
order to further the objectives of industrial and economic development of the City as
contemplated by the MDA to consent to an Agreement Between Northpoint and Black &
McDonald for the Completion of Horizons —41" Street Ductbank Extension, in which the City of
Riverside, Missouri and the Industrial Development Authority of the City of Riverside, Missouri
are Third Party Beneficiaries ("Agreement") in substantially the same form as set forth in Exhibit
A attached hereto and incorporated herein, and said Agreement is hereby approved and
authorized for execution by the Mayor with issuance of the Notice to Proceed authorized to be
approved by the City Administrator upon written confirmation by the Special Counsel to the City
—Spencer Fane Britt & Browne LLP of satisfaction of the following conditions:
a. A performance bond satisfactory to Special Counsel to the City — Spencer
Fane Britt & Browne LLP, executed by a surety company authorized to do business in
Missouri and having a rating of at least "A-" from Best's, to show it is solvent, in an
amount equal to one hundred percent (100%) of the portion of the contract that does not
include the cost of operation, maintenance and money; and
b. A payment bond satisfactory to the Special Counsel to the City— Spencer
Fane Britt & Browne LLP, executed by a surety company authorized to do business in
Missouri and having a rating of at least "A-" from Best's, to show it is solvent, for the
protection of all persons supplying labor and material to the contractor or its
subcontractors for the performance of construction work provided for in the contract.
The bond shall be in an amount equal to one hundred percent (100%) of the portion of
the contract price that does not include the cost of operation maintenance and money;
and
C. Written certification by the Designated Purchasing Agent for Northpoint to
the City Administrator that the requirements of Section 135.090 and 135.100 in regard to
Construction Bid Procedures were met by Northpoint.
SECTION 2. CONSTRUCTION SAFETY PROGRAM. The project is subject to the
requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing
work on the project to provide a ten-hour Occupational Safety and Health Administration
(OSHA) construction safety program for their on-site employees which includes a course in
construction safety and health approved by OSHA or a similar program approved by the
department which is at least as stringent as an approved OSHA program, unless such
employees have previously completed the required program. All employees who have not
previously completed the program are required to complete the program within sixty 60 days of
beginning work on such construction project. Any employee found on a work site without
documentation of the successful completion of the course shall be afforded twenty (20) days to
produce such documentation before being subject to removal from the project. Black &
McDonald shall forfeit as a penalty to the City Two Thousand Five Hundred Dollars ($2,500.00)
plus One Hundred Dollars ($100.00) for each employee employed by Black & McDonald for
each calendar day, or portion thereof, such employee is employed without the required training.
SECTION 3. PREVAILING WAGE. The project is subject to the requirements of
Section 29.250 RSMo, which requires the payment of prevailing wage. The City, in Exhibit C of
the Agreement, shall specify the prevailing hourly rate of wages for each type of workman
needed to execute the Agreement and also the general prevailing rate for legal holiday and
overtime work.
2
SECTION 4. AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel
to the City— Spencer Fane Britt & Browne LLP, and other appropriate officials and employees of
the City are hereby authorized and directed 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. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after the date of its passage and approval.
BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of
the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri, this 3rd
day of June, 2014.
Kgthleen L. Rose, Mayor
ATTEST: ,
°
Robin Liittrell,,Ci Clerk e
Approved as to form:
Spenc RRe Britt & Browne LLP
Spec i uhsel to the City
By Joe Bednar
3
EXHIBIT A
AGREEMENT
4
CITY OF
�RIVERSI �
MISSOURI
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: May 23, 2014
AGENDA DATE: June 3, 2014
TO: Mayor and Board of Aldermen
FROM: Travis Hoover
RE: Contract for 41" Street Ductbank Extension
BACKGROUND: The 41" Street Ductbank Extension Project was designed by KCPL and consists
of extending KCPL's primary ductbank along 41" Street to the east for future
development. The project was advertised for bid and four bids were received.
The lowest bid was incomplete and did not include the full scope of work for the
project.
BUDGETARY IMPACT: Approximately $231,632.20 will be expended out of the Horizons budget for the
construction under this contract.
Total
Black & McDonald $ 231,632.20
Capital Electric $ 300,084.00
Mark One $ 382,186.00
Pro Circuit $116,138.00 (incomplete bid)
RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the contract with
Black & McDonald to proceed with work for the 41" Street Ductbank Extension
Project.
Bond # 10001074-255
BID BOND
KNOW ALL MEN BY THESE PRESENTS,that we, CUSTOM LIGHTING SERVICES LLC
DBA BLACK & MCDONALD as PRINCIPAL and TRAVELERS CASUALTY AND SURETY
CO ANY OF AMERICA as SURETY,are held and firmly bound unto NorthPoint Development,
LLC("NorthPoine')and the City of Riverside,Missouri("City"), in the sum of
TEN PERCENT OF BIDDER'S TENDER
Dollars($ 10% J("Bid Security"), for the payment of which sum well and truly
to be made,we hereby jointly and severally bind ourselves,our heirs,executors, successors, and
assigns, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas Principal has
submitted a bid dated May 22, 2014,to enter into a contract in writing for the INSTALLATION
OF ELECTRICAL MANHOLES AND DUCT BANK IN RIVERSIDE MO Project;
NOW,THEREFORE,
IF said Bid shall be rejected,or in the alternate,
IF Principal shall not withdraw the bid within the period specified therein after the
opening of bids, or, if no period be specified, within ninety(90) days after the bid opening, or in
the alternate,
IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the
form of contract attached hereto, properly completed with all attachments and requirements
pertaining thereto, and shall furnish a bond for the faithful performance of said contract, and for
the payment of all persons performing labor or furnishing materials in connection therewith,
shall in all other respects perform the agreement created by the acceptance of said Bid within
twenty(20)days after such Contract Documents are presented to Principal for signature, or in the
alternate,
In the event of the withdrawal of the Bid within the period specified, or the failure to
enter into such contract within the time specified,then the Bid Security shall immediately
become due and payable and forfeited to NorthPoint as liquidated damages. Principal and Surety
agree that this is a fair and reasonable approximation of the actual damages incunTed by
Northpoint and/or the City for the Principal's failure to honor its bid and that the liquidated
damages in this section are not penal in nature but rather the parties' attempt to fairly quantify
the actual damages incurred by NorthPoint and/or the City for the Principal's refusal to honor its
bid.
The Surety, fa•value received, hereby stipulates and agrees that the obligations of said
Surety and its bond shall be in no way impaired or affected by the extension of the time within
which NorthPoint may accept such Bid; and said Surety does hereby waive notice of any such
extension,
14
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and
seals,and such of them as or corporations have caused their corporate seals to be hereto affixed
and these presents to be signed by their proper officers, the day and year set forth herein.
CUSTOM LIGHTING SERVICES LLC DBA
BLACK & MCDONALD
PRINCIPA
By:
(Si a ure
Printed Name: C. ER
Title: MAu &e vSCAK5
Date: SlAaliq
TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA ��(/'
SURETY
By:
L (Signature)
Printed Name: Jacqueline Redford
Title: Attorney—in—fact
Date: May 21, 2014
SURETY POWER OF ATTORNEY MUST BE ATTACHED
15
WARNING:TH19 FMR OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSFarmington Casually Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casually and Surely Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 225836 Certificate No. 005828337
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance
Company,SL Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,[bat Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
taws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Jacqueline Redford,Janice Oehm,Kathy Ness,Patrick W.Baker,Shane Sinclair,and Lisa Gierl
of the City of__-._Toronto,Ontario -State of Canada ,[heir rule and lawful Atiomey(s)-in-Fact,
n
each in theseparate 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 Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this lith
day of March 2014 .
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Sl.Paul Guardian Insurance Company
a'-;&
f �,xyfAOr'Ma__ S i 'tlo1�a�fn ,1861 `SYh4S t88.1�/� 3 �¢ r
g
State of Connecticut By. -
City of Hartford as. Robert L.Raney,,tuior Vice President
On this the I I th day of March 2014 ,before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,SL 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 Stales Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2016. * W,p y c Teuceult,Notary Public
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY 15 INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,Sl. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casually and Surely Company of America,and United Slates
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Altomcys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any pail of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Auomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may he affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and avesong bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity start Guaranty Insurance
Underwriters,Inc.,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 ofAmerica,and United Slates Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and torted copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
r ��tv
y
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20
�/✓` t i
Kevin E.Hughes,AssistapC6,eC lary'(, )
em—,
WwrraY,y°°jpMwarrt'o ��SiOOMI a foes
1977 1951 �,s 5E:n4�C SSAW S a'N°' 1, etlN�
.°„ xl
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER