Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-2015-071 Awarding Bid for EH Young Park River Walk Fence Paint to Blue Bear Inc.
RESOLUTION NO. R-2015- 071 A RESOLUTION AWARDING THE BID FOR RIVERSIDE EH YOUNG PARK RIVER WALK FENCE PAINT PROJECT AND APPROVING THE AGREEMENT BETWEEN THE CITY AND BLUE BEAR, INC FOR SUCH PROJECT WHEREAS, the City issued an invitation to bid for the re-paint of the EH Young Park River Walk Fence Paint Project("Project"); and WHEREAS, the City received two (2) responses to its invitation to bid and the bid submitted by Blue Bear, Inc. in the amount of $24,820.00 has been evaluated by the City and is recommended as the most advantageous proposal for performance of the project; and WHEREAS, the Board of Aldermen find that Blue Bear, Inc. is the lowest responsible bidder and that it is in the best interest of the City to enter into a contract with Blue Bear, Inc. 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 Blue Bear, Inc. for the re-paint of the EH Young Park River Walk Fence Point Project in the amount of$24,820.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Blue Bear, Inc., 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 theme day of October, 2015. Kat een L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR Riverside EH Young Park River Walk Fence Paint Project THIS AGREEMENT, made and entered into as of the day of 2015, by and between the City of Riverside, Missouri ("City"), and due .CpIPA.Q Znc— ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall mean: A. "Contractor" A person, firm, or corporation with whom the contract is made by the City. B. "City"The City of Riverside, Missouri. C. "City Administrator" That person designated by the City as the City Administrator. D. "Project" The building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. E. "Project Manager" The following project manager employed by the City of Riverside to manage the project on behalf of the City: Tom Wooddell. F. "Subcontractor" A person, firm or corporation supplying labor and materials or only labor for the work at the site of the project for, and under separate contract or agreement with the Contractor. G. "Substantial Completion" The stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. 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 drawings and 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 Twenty-Four Thousand Eight Hundred Twenty Dollars and no cents ($24,820.00). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the"Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in 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 for all 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 OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK, NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH 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 15 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 inclement weather. 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, the City 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 time as agreed upon by the Contractor, by written notice to the Contractor which shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension 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 of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. 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 shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. Project Manager's review does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the Project Manager. 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. L INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. 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 Contractor will 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 materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. If any work is covered prior to inspection by the Project Manager it must, if requested by the Project Manager, be uncovered for the Project Manager's observation and replaced at the Contractor's expense. If the Project Manager considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Project Manager's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. 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 the construction or not, and the Contractor shall promptly replace and re-execute the work in accordance with the contract documents and without expense to the owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the City may remove such work and store the materials at the expense of the Contractor. 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 that this 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 warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. Permits and licenses of temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the work. L. SUBSURFACE CONDITIONS. The Contractor has the responsibility to become familiar with the Project site and the conditions under which work will have to be performed during the construction period prior to bidding. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VII. M. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. INVITITATION TO BID 2. BID FORM 3. AFFIDAVIT OF WORK AUTHORIZATION 4. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 5. PAYMENT BOND (Required if costs exceed $50,000 only.) 6. SCOPE OF WORK/DRAWINGS 7. NOTICE TO PROCEED Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Partial Payment to the Project Manager. In addition to the amount of payment requested in the Application for Partial Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Application, or return the Application to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15) days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon 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 directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance,the Contract Amount shall be increased or decreased as follows: 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 adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended,provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverage'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' Compensation Statutory b. Employer's Liability: Bodily injury by accident $1,000,000.00 Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "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 obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance 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 contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. 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 notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to the other party at 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, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Project Manager and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may 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 by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVII 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 terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this contract shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX 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 of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other work that may be necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the work and damage caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. 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 of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Reserved. E. Reserved. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX PAYMENT BOND Simultaneously with delivery of the executed contract, the Contractor shall furnish a payment bond for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall have a rating of at least "A-" from Best's in an amount equal to one hundred percent (100%) of the contract price that does not include the cost of operation, maintenance and money. Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. (Required if costs exceed $50,000 only.) 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 of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. Approved as to form: CITY ATTORNEY: By: City Attorney Countersigned by: CITY PURCLISING AGENT- By: Greg i s City Administrator CITY OF VERSIDE By: Kath n L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. Approved as to form: CITY ATTORNEY: By: Cit -,A/ y Attorney Countersigned by: CITY PURCHASING AGENT: By: Gregory P. Mills City Administrator CITY OF RIVERSIDE By: Kathleen L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk CONT CTOR: By: (Signature) Printed Name: Gof1i S Mlu id Title: pge-& ATTEST: SECRETARY, (Name Printed) EXHIBIT A-SCOPE OF WORK TITLE: EH YOUNG PARK RIVER WALK FENCE PAINT PROJECT. 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 EH Young Park 1001 NW Argosy Pkwy. Riverside, MO. 64150. Approx. 1,070 linear ft of metal fence with additional railing located at the river walk. 1. Metal fence shall be prepped prior to painting by hand scraping and sanded to remove all loose and flaking paint. 2. Apply I full coat of Sherwin Williams Procryl primer. 3. Apply 1 full coat of Sherwin Williams Shercryl paint to match existing color. Notes: 1. Properly remove, haul,and dispose of all debris. The contractor shall not utilize City dumpster containers. 2. All spills and drips shall be cleaned off of all surfaces to the satisfaction of the City. 3. All components and materials for repairs shall be ASTM compliant. 4. All work will be inspected by Riverside Public Works Department 816 7413908 5. Please contact Tom Wooddell Director of Public Works to schedule a site visit 8am-4pm Mon-Fri. 816 741 3908 Include all manuals with warranty and supplier contact information. CONTRACTOR MUST PURCHASE A RIVERSIDE CITY BUSINESS LICENSE AND PROVIDE AN INSURANCE CERTIFICATE. V!C µ AFFIDAVIT for WORK AUTHORIZATION (As required by Section 285.530, Revised Statutes of Missouri) As used in this Affidavit,the following terns shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986(IRCA), P.L. 99-603. KNOWINGLY: A person acts knowingly or with knowledge, (a) With respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist;or (b) With respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under`federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). State of Y.DVWk1A� ) County of ss: .BEFORE ME, the undersigned notary, personally appeared , who, being duly sworn, states on his/her oath or affirmation as follows: 1. My name is and I am currently the ,Q of KtAV- AAIL. (hereinafter "Contractor"), whose business address is %V&ur A- "foZIVand I am authorized to make this Affidavit. 2. I am of sound mind and capable of making this Affidavit and am personally acquainted with the facts stated herein. 3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: City Hall Facility Parapet Wall Repair Project. 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 10 5. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further,Affiant saith not. SKPedure of Affiant Printed Name: )nkTo- 1 UETI" Subscribed and sworn to before me this W� day of C:;e K}k-nNV)CYL- 2015. w Lues L MILLIN NWmy Public•State of Nmet � � VU-- ��� ,Notary u lic *PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify Memorandum of Understanding: (1) a valid, completed copy of the first page identifying the Contractor; and (2) a valid copy of the signature page completed and signed by the Contractor, and the Department of Homeland Security—Verification. 11 E-Veri THEE VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the j%le �elzi"-7Z (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confinns an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer,the Social Secu ityAdmirrstration(SSA),and DHS. Authority for the E-Verify program is found in Title N, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (NRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a nate). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E- Veriy to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE 11 RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is dearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verity Participation b. Notice of Right to Work 2.The Employer agrees to provide to the SSA and DHS the names,titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verity access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E Veriy access if the employer is separated from the company or no longer needs access to E-Verify. 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who wig create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E- Veriy in order to continue using E Verify. Failure to complete a refresher tutorial will prevent the Employer Verify ~ yw A Company ID Number: 899228 Approved by: Employer Blue Bear Inc Name(Please Type or Print) Title Lotus Millin Signature Date Electronically Signed 08/05/2015 Department of Homeland Security—Verification Division Name(Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 08/05/2015 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Kansas Business Entity Search Page 1 of 2 Business Center Thinking Starting Maintaining Closing Business Entity Search Date: 09/23/2015 Be advised the business information on this page is for summary informational purposes only. It is not an official filing with the Secretary of State's office and should not be relied on as such. Please view actual documents filed by customers with the secretary of State's office to ensure accurate information. When filing a Uniform Commercial Code statement on an entity, consult with your attorney to ensure the correct debtor name. Business Summary Current Entity Name Business Entity ID Number BLUE BEAR INC 6557508 File Name Change Online View History and Documents Previous Names: BLUE BEAR PAINTING, INC Current Mailing Address: Lotus Millin - 6366 NOBLE ST., Shawnee, KS 66218 Update Business Entity Type: KANSAS FOR PROFIT CORPORATION Date of Formation in Kansas: 08/08/2011 State of Organization: KS Current Status: ACTIVE AND IN GOOD STANDING Ce tificate of Good Standin 9�1 Resident Agent and Registered Office Resident Agent: LOTUS MILLIN Registered Office: 6366 Noble St, SHAWNEE, KS 66218 Update Resident Agent/Office https://www.kansas.gov/bess/flow/main?execution--els5 09/23/2015 Kansas Business Entity Search Page 2 of 2 Annual Reports The following annual report information is valid for active and delinquent status entities only. Tax Closing Month: 12 The Last Annual Report on File: 12/2014 Next Annual Report Due: 04/15/2016 File Online Forfeiture Date: 07/15/2016 Close Your Business https://www.kansas.gov/bess/flow/main?execution--els5 09/23/2015 CITY OF RIVER 1" Business/Contractors License MISSOURI Application 2950 NW Vivion Road Phone: 816-741-3993 Upstream from ordinary. Business Start Date 7 /ZD l_Z1J1� �t Legal Name of Business ?44t &4p—eLNG• Common Name of Business or DBA Nature of Business �ainq6G' Zoning of the Business Will the Business have Outdoor Storage? YES Business Address P!�/. � Q�TZ City nt._ State g,�Zip Mailing Address City State_Zip Local Phone(9/3) 4{l— 17/7 Corp. Phone ( ) Cell Phone ( ) E-Mail Address 1,6*sc9UuehroGw&r. �se�- Primary Contact Name(Owner/Corp.Agent) le-his, AfUzIAF Homophone (4) 5�S'- 3373 Home Address 6366 4416 9- City 542it'g State 9S7Zip L6_4 ,Y Date of Birth 2•Z8-(1!,( Drivers License Number IC-02fo4Zon State Issued �'S • Secondary Business Contact Name Phone ( ) Please Complete this section if your business is physically located in Riverside. Total number of persons employed at this location Total Square Footage Missouri State Sales Tax Number Federal Identification Number Is Business located in a Riverside residence? Business previously located at this address: Construction contractors must submit a current Workers'Compensation Certificate pursuant to RSMo Chapter 287. (If exempt,sworn affidavit must be signed and this may be done at City Hall.) I declare under pe Ryna of perjury that to the best of my knowledge and belief the statements made herein are true and correct. Si—`grratme ofOwner(s)or Corporation Agent/Owner Date L otUS Mru ftp— ?Xes Notification is kindly requested ijyou discontinue business. Title: Owner,Partner Manager or Corporate Officer ne appy.,,warrants the mnhfidnrss oJthe/rrJamatiorr in this app(icahwi. /I".I irJarmatiar is provided,this(kerne moy 6e revoked. /l(irenre a isared wrwghdly,whether bared on misirrJwmalion wmr improper opplimrion o/the crde,this lirence may Ae rewked l'he opp/icmn alters ro abide DY dl Niwrride Ordirmrmes zdSmte Laws mMregrdarroru. Licensing Fees:Non-Industrial/Contractor-S48/year Heavy Industrial-$84/year Business license fees for new businesses are prorated on a quarterly basis. Please contact City Hall for any questions License Effective from To t2-31- Yearly Fee Approved by License Amount Remitted Type of Payment Business License Number AC<Wds CERTIFICATE OF LIABILITY INSURANCE to/13/20 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. N SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NNAMEACT James Bray The Reilly Company IaIaC PHONE (913)682-1234 IAIC FAX .(913)682-8136 608 Delaware St. 'MAaAS;jim.bray@reillyinsurance.com P.O. BOX 9 INSURERIS)AFFORDING COVERAGE NAIC0 Leavenworth K$ 66048-0009 INSURERAAllied Group 0035 INSURED INsumRB:Trayelers Assigned Risk PBP Company, LLC INSUIIERC: _ Blue Bear, Inc. INSURER D: 6366 Noble St INSURER E: Shawnee KS 66216 INSURER F: COVERAGES CERTIFICATE NUMBERMaster 15w/in= 0146 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR TYPEOFINSURANCE MUCYNUMBER POLICYEFF Pl EXP LIR UMTS GENERAL LIABILITY EACH OCCURRENCE E 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea omI E 100,000 A I CLAIMS-MADE OCCUR kcP 3007004284 /15/2015 /15/2016 MED EXP Any me Person E 5000 X Per Project Aggregate PERSONALS ADV INJURY E 1,000,000 GENERAL AGGREGATE E 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPnPAGG E 2,000,000 POLICY X PRO-JFCT LOC E AUTOMOBILE LIABILITYEa aaI,iNCeMSINGLE LIMIT 1,000,000 ANY AUTO /15/2015 /15/2016 BODILY INJURY(Psrpn) $ A ereoALL OWNED SCHEDULED 3007004284 BODILY INJURY accident) E AUTOSNAOS UT PROPERTY DAMAGE E Ix HIRED AUTOS X AUTOS Per eccidwt E X UMBRELIA UAB OCCUR EACH OCCURRENCE E 2,000,000 A EXCESS UAS CLAIMSMADE AGGREGATE E 2,000,000 DED I X RETENTIONS RICIP 3007004284 4/14/2015 /15/2016 E WORKERS COMPENSATION X WCSTATU- OTH- AND EMPLOYERS`UAmLnY ANY PROPRIETOR/PARTNER/EXECUTNE N/A YIN JOB-2E66444-1-15 /13/2015 /13/2016 E.L.EACH ACCIDENT $ 1,000,000 B ((MarsinERIrIrn NH)EXCLUDED? E.1-DISEASE-EA EMPLOYEE S 11000,000 If yes.describe ruder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(An"ACORD 101,Addhiaml Remade SNMduK N imam space Is required) City of Riverside HID is named as additional insured where requried by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Riverside LID ACCORDANCE WITH THE POLICY PROVISIONS. Riverside City Hall 2950 NW Vivion Road AUTHORIZED REPRESENTATIVE Riverside, MO 64150 Cyndi Fry/CSNDI ACORD 25(2010105) ©1988.2010 ACORD CORPORATION. All rights reserved. INS025,9nim l m Th.acnwn mmo and 1.r.n am mnbfamd maeka:of ar-nRn Fo m Missouri Department of Revenue 5060 Project Exemption Certificate This form is to be completed and given to your contractor. Name of Exempt Entity Issuing the Certificate Missouri Tax Exemption Number CITY OF RIVERSIDE 11 2 =StateZip 2 1 Address City e 2950 NW VIVION ROAD RIVERSIDE 50 E-mail Address RKI NCAID@RIVERSIDEMO.COM Project Number Project Begin Date(MM/DD/)rYYY) Estimated Project End Date(MM/DD/YYYY) 1 0 / 1 6 /2 0 1 5 1 1 / 0 5 /2 0 1 5 -- -- ---- -- -- ---- Description of Project EH YOUNG PARK RIVER WALK FENCE PAINT PROJECT Project Location Certificate Expiration Date(MM/DD/YYYY) 1001 NWARGOSYaTI WAY, RIVERSIDE MO 64150 1 1 / 0 5 / 2 0 1 5 Provide Alli ped•copy,of,;his certificate, along with a copy of the exempt entity's Missouri Sales and Use Tax Exemption LeeaL` contractor 1x subcontractor who will be purchasing tangible personal property for use in this project. It is the respg3sibilily 4the exeampt&14.to ensure the validity of the information on the certificate. The exempt entity must issue a new certifrafe if any,of the informe' 64 changes. 0E,eQYEntity Printed Name of Authorized Exempt Entity Date(MM/DDnvvY) Robin Kincaid,City Clerk 1 0 / 1 4 /2 0 1 5 The:Miss I exerr t e entity named above hereby authorizes the purchase, without sales lax, of tangible personal property to be incorporatge dyor coneurfiirythe construction project identified herein and no other, pursuant to Section 144.062. RSMo. Under penaltiespfpei�u�,_d$ctie that the above information and any attached supplement is true, complete, and correct. Name of PurchasingContractorSignature of Contractor Date(MM/DDNYYY) BLUE BEAR, INC 1 0 / 1 4 /2 0 1 5 Address City State Zip Code 6366 NOBLE STREET(P 0 BOX 860742) SHAWNEE KS 66218 Contractors-Present this to your supplier in order to purchase the necessary materials tax exempt. Complete the Subcontractor portion if extending the certificate to your subcontractor. The contractor must sign the form in the space provided below. Name of Purchasing Subcontractor Address City State Zip Code Signature of Contractor Contractor's Printed Name Date(MM/DD/YYYY) Form 5060(Revised 08-2015) Taxation Division Phone:(573)751-2836 P.O Box 358 Fax: (573)522-1271 ON Jefferson City, MO 65105-0358 E-mail: salestaxexem tip 'ons(a)dor mo 000v Visit htto•/Idor mo gov/business/sales/sales-use-exem tia ons php for additional information. O BID FORM Bid: —4U.'t �///Gf.0'I(/I6 ael -et vx/ yLwC aI Dated on 5 this day of 2015 �1u.2 erti� y�G Contractor U P Title (SEAL) )Vested Title PO & X Address J Telephone Number 9 /\ BLUE BEAR INC Blue Bear Inc Painting References 09/01/2015 Project Name, address, contact Project Value Sheri Cunningham South OP Ks - Sheri 816-718-9200 W.000 Burlington Store @ Antioch Crossing Miller Stauch - Randy Dean 913- $8,900 599-1040 Fairway Aquatics Interior and exterior Phillco Const, Greg Phillips, 816- $31,0000 painting of bath houses 985-5898 Dollar Tree Exterior painting Fogel Anderson, Dick Christofferson, $10,000 816-842-6914 Concession stand and Park restrooms KCMO Parks and Rec, Bob Lawler $8,500 (Painting services 816-513-7500 Jazz District Renovation interior and Greenleaf/Phillco Greg Phillips 816- $110,000 exterior painting of buildings 985-5898 Topeka Police Department- Interior Sgt Stuart- 785-368-9002 $8,800 Painting Sears store exterior painting of main Antioch Developers, David Horn 816- $13,500 store and auto store. 353-5555 KU JOC contract KU Purchasing department,Jayhawk Various; $85,000 way Stephanie Stapleton CITY OF RIVERSIDE MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: PROJECT: R.1D1.-- C)7 (approved TO: Contractor: R U P- -Bear �Z n C- (address) (address) & :�Lto Nobe -P® &K S1�L74 L Shm,-onee, Ks 64pa,19 You are hereby notified to commence work on or.after the ��O day of C 20 1S in accordance with the Agreement dated DCI1obee- 0 1P7 /S- The JThe work shall be substantially completed within �f Calendar Days. The date of substantial completion isThe project shall be completed and ready for final payment by CITY OF RSIDE (Owner) BY: e s, City Administrator Receipt t above JOTICET RO ED is hereby acknowledged BY: '� [ � �e� . (Title) this the ( C day of ' 20 �S� CITY OF RIVERSIDE, MISSOURI INFORMATION FOR BIDDERS The City of Riverside, Missouri (the"City") invites sealed bids for the EH YOUNG PARK RIVER WALK FENCE PAINT PROJECT 1. Receipt and Openins of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m., on September 17, 2015, at which time all sealed bids will be publicly opened and read. The envelope containing the bids must be sealed, clearly marked on the outside of the envelope "EH Young Park Fence Paint 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 submitted by 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.Resection 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 an Affidavit 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 BIDDING AND 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. Bids by 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; twooddeligriversidemo com; and to be given consideration must be received at least five(5)calendar days prior to the date fixed for the opening 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 described or 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. 4ualifications 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 the work 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. • Statement of Bidder's litigation and/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 date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within 15 consecutive Calendar Days thereafter. 9. Conditions of Work: Each bidder must inform himself 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 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 Driver's 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. 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 Eaual Opportunity: Contractor shall ensure that all employees are treated equally without regard to their race,color, religion, sex,age, handicap or national origin. 21. Payment Bond: (Payment Bond Required if Costs Exceed$50K Only). 22. Signing of Aereement: 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. 23.Insurance: Contractor shall provide a certificate of insurance evidencing commercial general liability insurance coverage in an amount of not less than $1,000,000. With the City named as an additional insured. Additionally,the certificate shall evidence workers' compensation insurance in an amount not less than required by Missouri law. EXHIBIT A—SCOPE OF WORK TITLE: EH YOUNG PARK RIVER WALK FENCE PAINT PROJECT. 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 EH Young Park 1001 NW Argosy Pkwy. Riverside,MO. 64150. Approx. 1,070 linear ft of metal fence with additional railing located at the river walk. 4. Metal fence shall be prepped prior to painting by hand scraping and sanded to remove all loose and flaking paint. 5. Apply 1 full coat of Sherwin Williams Procryl primer. 6. Apply 1 full coat of Sherwin Williams Shercryl paint to match existing color. Notes: 6. Properly remove,haul,and dispose of all debris. The contractor shall not utilize City dumpster containers. 7. All spills and drips shall be cleaned off of all surfaces to the satisfaction of the City. 8. All components and materials for repairs shall be ASTM compliant. 9. All work will be inspected by Riverside Public Works Department 816 7413908 10. Please contact Tom Wooddell Director of Public Works to schedule a site visit 8am-4pm Mon-Fri. 816 7413908 Include all manuals with warranty and supplier contact information. CONTRACTOR MUST PURCHASE A RIVERSIDE CITY BUSINESS LICENSE AND PROVIDE AN INSURANCE CERTIFICATE. l BID FORM Bid: Dated on this day of 2015 Contractor Title (SEAL) Attested Title Address Telephone Number AFFIDAVIT for WORK AUTHORIZATION (As required by Section 285.530,Revised Statutes of Missouri) As used in this Affidavit,the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees,under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. KNOWINGLY: A person acts knowingly or with knowledge, (a) With respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) With respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3). State of ) County of ) ss: BEFORE ME,the undersigned notary,personally appeared ,who,being duly swom, states on his/her oath or affirmation as follows: 6. My name is and I am currently the of (hereinafter "Contractor"), whose business address is and I am authorized to make this Affidavit. 7. I am of sound mind and capable of making this Affidavit and am personally acquainted with the facts stated herein. 8. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: EH Young Park River Walk Fence Paint Project. 9. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 10. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further,Affiant saith not. Signature of Affiant Printed Name: Subscribed and sworn to before me this day of 2015. Notary Public *PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify Memorandum of Understanding: (1)a valid, completed copy of the first page identifying the Contractor; and (2) a valid copy of the signature page completed and signed by the Contractor, and the Department of Homeland Security—Verification. pp CITY OF ( y P MISmuRi 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: September 22, 2015 AGENDA DATE: October 6,2015 TO:The Mayor and the Board of Aldermen FROM:Tom Wooddell RE: EH Young Park River Walk Fence Paint Project BACKGROUND: Funding to re-paint the existing fence adjacent to the brick walkway at EH Young Park was included in the 2015-2016 budget. This project will begin and be completed this fall. Staff received two sealed bids for the fence paint project. * Blue Bear$24,82o.00 Dayco Painting$32,120.00 FINANCE OFFICE AND BUDGET BACKGROUND: The adopted 2015-2o16 fiscal budget included$35,000.00 for the fence re-paint project. REVIEWED BY AND RECOMMENDATION: Staff has reviewed bids and recommends Blue Bear Inc.of Shawnee, KS.for the project.