HomeMy WebLinkAboutR-2016-060 Awarding Bid for HVAC Controls Upgrade to Firelake Construction RESOLUTION NO. R-2016-060
A RESOLUTION AWARDING THE BID FOR RIVERSIDE CITY HALL—PUBLIC SAFETY
HVAC CONTROLS UPGRADE PROJECT AND APPROVING THE AGREEMENT BETWEEN
THE CITY AND FIRELAKE CONSTRUCTION INC FOR SUCH PROJECT
WHEREAS, the City issued an invitation to bid for the Riverside City Hall- Public Safety
HVAC Controls Upgrade Project ("Project"); and
WHEREAS, the City received one (1) response to its invitation to bid and the bid submitted by
Firelake Construction, Inc., Lenexa Kansas was in the amount of$82,410.00; and
WHEREAS, the Board of Aldermen find that Firelake Construction, Inc. is the lowest
responsible bidder and that it is in the best interest of the City to enter into a contract with Firelake
Construction, 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 Firelake Construction, Inc. for the City Hall — Public Safety HVAC
Controls Upgrade Project in the amount of$82,410.00 is hereby accepted and approved; and
FURTHER THAT an agreement by and between the City of Riverside and Firelake
Construction, 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 the day of September, 2016.
Ka leen L. Rose, Mayor
ATTEST.
Robin Kincaid; City Clerk
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
Riverside City Hall—Public Safety HVAC Controls Upgrade Project
TH` ISAGREEMENT, made and entered into as of the &�— day of
2016, by and between the City of Riverside, Missouri ("City"), and
FIre 10,ACn,.,sfir,&c±eye r_ . ("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 to 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 Eighty-Two Thousand Four Hundred Ten Dollars and no
cents ($82,410.00). 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, bonds, 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 f6f 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, bonds, 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 14 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, should Contractor fail to complete the work in the time specified,the amount of liquidated
damages shall be $100.00 per day.
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.
I. INSPECTION AND TESTING OF MATERIALS. All materials and equipment
used in the construction of the project shall be subject to adequate inspection and testing in
accordance with generally accepted standards, as required and defined in the Contract
Documents. The Contractor shall 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. INVITATION 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 WORKIDRAWINGS
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 unforeseen 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. The 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, famish 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.
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 eaek-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 insured's
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 insured's 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 additional named insured's City,
Contractor, subcontractors, and suppliers. This insurance shall be written as a Iuildet's
RiskAnstallation 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,
r-eduetien (ineluding but not limited to reduefien by paid elaims) f 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 wan-ants 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, 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, 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 fixture 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 Certifieate, 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 Contrast 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
Foran 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. Contractor shall provide a ten (10) hour Occupational Safety and Health
Administration ("OSHA") construction safety program for all employees who will be on-site at
the project. The construction safety program shall include a course in construction safety and
health that is approved by OSHA or a similar program approved by the Missouri Department of
Labor and Industrial Relations that is at least as stringent as an approved OSHA program as
required by Section 292.675 RSMo.
E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars
($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by
Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee
is employed without the construction safety training required herein. The penalty described in
this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of
this requirement and imposition of the penalty described in this Paragraph shall be investigated
and determined by the Missouri Department of Labor and Industrial Relations.
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 Attome
Countersigned by:
CITY PU RASING AGENT:
By:
Gregory P. Mills
City Administrator
CITY OF RIVERSIDE
a By:
r " ftaOeen L. Rose, Mayor
Robin Kincaid, City Clerk
CONTRACTOR:
Fire Zakrn
uch on , In( .
By:._ -
` re)
Printed Name: �ac�e cS• FOI cq
Title:
ATTEST:
C0
SECRETA , Macu C S la U,
(Name Pr ted)
EXHIBIT A—SCOPE OF WORK
Public Safety and City Hall Buildings
• Provide a Web-Based Building Automation System Including:
o Supervisory Controllers for Web-Based access and other supervisor features such as alarms,
trends,graphics,and data management.
o Control Panels for supervisory controller,transformer,and terminal strips
• Provide DDC Controls for Public Safety Building Roof Top Unit 3 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
o Zone Thermostat with LCD Display,Setpoint Adjust,and Override switch
• Provide DDC Controls for Public Safety Building Roof Top Unit 4 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
o Zone Thermostat with LCD Display,Setpoint Adjust,and Override switch
• Provide DDC Controls for Public Safety Building Make Up Air Unit Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensor for Discharge Air Temperature
o Zone Thermostat with LCD Display,Setpoint Adjust,and Override switch
o Main Power KW Monitoring
• Provide DDC Controls for Public Safety Buildings Cooling Unit
o Reuse of all field devices
• Provide DDC Controls for Public Safety Buildings Exhaust Fans
o Reuse of all field devices
• Provide DDC Controls for City Hall Building Roof Top Unit 1 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
• Provide DDC Controls for City Hall Building Roof Top Unit 2 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
• Provide DDC Controls for FPB VAV Boxes with Hot Water Reheat(total of 36)Including:
o Programmable Field Controllers including:
• Integrated Actuator
• Intergraded Differential Pressure Transmitter
o Reuse of all field devices except for items listed below including
o Zone Thermostats with LCD Display,Setpoint Adjust,and Override switch
o Temperature"Probe"Sensors for Discharge Air
• Provide DDC Controls for Miscellaneous Control Including:
o Temperature"Exterior"Sensor for Outdoor Air
o Humidity"Exterior"Sensor for Outdoor Air
*New system must match and integrate with newly uo¢raded existine RTU controls and server platform in
place. Johnson Controls Facility Explorer.
RIVERSIDE CITY HALL — PUBLIC SAFETY HVAC
CONTROLSUPGRADE
BID FORM
Bid: Eighty Two Thousand, Four Hundred and
Ten Dollars and zero cents ($ 82,410 . 00 )
Dated on Monday this 22 day of August 2016
Fi Ye l a kc, Com Yash ort Inc.
Cont stem
(SEAL)
to Title
RZA7 W RSA= St I,ON& KS (pl�z�5
Address
g13 . 312 - 95LQ
Telephone Number
9
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 V U rw )
County of johrnson ) 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 l LCWC, S and I am currently the
of El la V1C _ (hereinafter
"Contractor"),whose business address is I!J)-Il W19D=St. unna, KS l/10 ZI and
I am authorized to make this Affidavit.
2. 1 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-Public Safety HVAC Control Upgrade
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.
ture o cant
Printed Na e: VaC , FO { Subscribed and sworn to before me
this�&T day of 2016.
WTMYPUBUC-S eofKa n
fASHAN �1N
MYnpPt.Em• 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.
AWARDED CONTRACTOR MUST PURCHASE A RIVERSIDE CITY BUSINESS LICENSE AND
PROVIDE AN INSURANCE CERTIFICATE.
I1
Bond No. 2420815
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Noma,legal status and ad&r ) (Name,legal slaws and principal place al'busims)
Firelake Construction, Inc. Old Republic Surety Company
14217 W. 95th Street P. O. Box 1635 This document has Important legal
Milwaukee,WI 53201-1635 mnsequenas.Consultation With
Lenexa, KS 66215 an attorney Is encouraged with
respect to Its completion or
modlfiatlon.
OWNER: Any a Vular reference to
(Nm A legal staars and address) Contractor,Surety,Owner or
other party shag be considered
City of Riverside, Missouri plural where applicable.
2950 NW Vivion Road
Riverside, MO 64150
CONSTRUCTION CONTRACT
Date: September 6,2016
Amcunt$82,410.00 Eighty Two Thousand Four Hundred Ten Dollars and 00/100
Description:
(Name and location)
Riverside City Hall-Public Safety HVAC Controls Upgrade Project
BOND
Date: September 28, 2016
(Not earlier than Construcdon Contract Dale)
Amount:$82,410.00 Eighty Two Thousand Four Hundred Ten Dollars and 00/100
MoMcations to this Band: ® Naw Sea Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sed) Company: (Corporate Seal)
Firelake Construction, Inik
Old Republic Surety Company
Signature: Signature:
Name Name C. Step ens Gri s
andTrtk: andTitle: Attomey-in-Fact
Surety Phone No. 262-797-2640
(Arty oddtrraml signatures appear on rhe last page of this Performance Bond)
(FOR JNFORMA770NOft Y—Name,address and telepharm)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Lockton Companies, LLC (ArchReci EimmeworodxrparY.)
444 W.47th Street, Ste. 900
Kansas City, MO 64112-1906
816-960-9000
S-18VJAs ario
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§21f the Coubactor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner docs not request a conference,the Surety may,within five(5)business days atter receipt of
the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt
of the Owner's notice.Ifthe Owner,the Contractor and the Surely agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owners right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,tcrminatm the Canstructim Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms or the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors;
§6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contrail,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Owner the mount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default;or
§6.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be Gable to the Owner and,as soon as practicable after the amount is
determined,make payment to the Owns,or
.2 Deny liability in whole or in pan and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Secttan 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
seven days atter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be antitled to enface any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the
owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enface any
remedy available to the Owner.
S1662/AS&10
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract,and One responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract.Subject to the commitrnam by the Owner to pay the Balance of the Contract price,the Surety is obligated without
duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract;
.2 additional legal,design professional and delay casts resulting from the Contractor's Default,and resulting from the actions or
failure to act of the Surety under Section 5;and
.3 liquidated damages„or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or non-performance of the Contractor.
§8I the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of Oris Bond.
§Me Surety shall not be liable to One Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the
Balance of time Contract price shall not be reducer)or set off on account of any such unrelated obligations.No right of action shall accrue on this
Bond to any person or entity other than One Owner or its heirs,ietmutors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and otherobligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
pact of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond whichever occurs first If Ore
provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shalt be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Mond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed w a statutory bond and not as a common lawbond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contactor,which has not been remedied or waived,to perform or oOurwisc to comply with a material
term of the Construction Contract.
§14.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material tems of the Conslmction Contrut.
§14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§151f this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
5.18WAS 8110
§16 Modifications to this bond are as follaWS:
(Space u provided b,,kwfor addfNo»al slgnaNnes ofadded parties,other than those appearing on the coverPar—)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seat) Company: (Cwpomte Seal)
Signature: SI@uture:
Name and Title: Name and Title:
Address Address
5-18521AS 8110
Bond No. 2420815
Document A312 TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR: SURETY:
(Manic,legal status and address) (Name,legal status and principal place of busimss)
Firelake Construction, Inc. Old Republic Surety Company
al
14217 W. 95th Street P. O. Box 1635 This doue�8 cons�iApo�ntwith
Milwaukee, WI 53201-1635 n8B4
Lenexa, KS 66215 respect
a encouraged with
resppect to Ss completion of
modification.
OWNER: Any singular reference to
(Name,legal smaca and addrew) contractor.Surety,owner or
other party shall be considered
City of Riverside, Missouri plural where applicable.
2950 NW Vivion Road
Riverside, MO 64150
CONSTRUCTION CONTRACT
Date: September 6,2016
Amount:s 82,410.00 Eighty Two Thousand Four Hundred Ten Dollars and 00/100
Description:
(Nanta and location)
Riverside City Hall- Public Safety HVAC Controls Upgrade Project
BOND
Date: September 28, 2016
(Not earlier than Cannnindon Contract Date)
Amount$82,410.00 Eighty Two Thousand Four Hundred Ten Dollars and 00/100
Modifications to this Bond: Q None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal Compeey. (Carporate Seal)
Firelake Construction, I Old Republic Surety Company
Signature: Signature: 1U1,.AA1 AA 1W�A.lAR/�,
Name e S
Name C.C. Stephens Grigglis
and Title: and Title: Attorney-in-Fact
Surety Phone No. 262-797-2640
(4nyaddiNanal signatures appear on the last page of thlsPayment Bond.)
(FO)t INFORNATIONONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Lockton Companies, LLC (Architect,Engineera•otherparry:)
444 W.47th Street, Ste. 900
Kansas City, MO 64112-1906
816-960-9000
5-21491AS 8110
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administraloes,successors and assigns to the Owner to
pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,
subject to the following terms.
§2 if the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or soils by my person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 if-there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise atter the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment famished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against a duly tendered claim,demand,lien or suit.
§6 The Surety's obligations to a Claimant under this Bond shall arise after the foilowing:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have fumished a writen notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or
performed,within ninety(90)days after having last performed labor or last Pomished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described In Section 13).
§6.2 Claimonts,who aro employed by or have a direct contract with the Contractor,have sem a Claim to the Surety(at the address described in
Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 when a Claimantbas satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 72 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 72,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incus thereafter to recover my sums found to be due and owing to the Claimant
§9 The Surety's total obligation shalt not exceed the amount of this Bond,plus the amount ofressonable attorney's fees provided under Section 73,
and the amount of this Bond shall be credited for any payments made in good fWdk by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing end the Owner accepting this(fond,they agree
that all Ponds earned by the Contractor in the performance of the Construction Contract arc dedicated to satisfy obligations of the Contractor and
Surcty under this Bond,subject to the Owners priority to use the funds for the completion of the work.
S-21491AS 8110
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be Gable for the payment of any costs orexpenses of my Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf of Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court ofcompetent jurisdiction in the state in which the
project that is the subject of the Construction Contraclis located or after the expiration of one year from the date(1)on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment wore famished by anyone under the Construction Contract,whichever of(1)or(2)trust occurs.if the provisions of this Paragraph arc void
or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surcty,the Owner or the Contractor shall be mailed or delivered to the address shown an the page on which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been Runished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so famished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§15 Upon request by any person orentity appearing to be a potential beneficiary of this Bond the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
A the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was famished for use in the
performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment flrmished;
.6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Concoction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment famished as of the date ofthe Claim;
.7 the total amount ofpmvions payments received by 0me Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment famished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract.Tho term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable meohanids lien or similar statute against the real property upon which the Project is located.The intent
of this Bond shall be to include without limitation in the term"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Coastrucdon Contract,architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdidim where the
labor,materials or equipment were famished
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents.
5.21491AS 8H0
§16A Owner Default Failure of the owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contractor to perform and complete or comply with the other material terms of the Construction Contract.
§16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bad is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
(Space is p vWded belaw for additional signatitres gfadded parties,other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corparme Seal) Company: (Corporate Sean
Signature: Signature:
Name and Title: Name and Title:
Address Address
S•21491AS 8110
OLD REPUBLIC SURETY COMPANY
***** POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY:COMPANY,a Wisconsin stock insurance corporation,does make,constitute and
appoint:
CHRISTY M.BRAILE,DEBRA J.SCARBOROUGH,JEFFREY C.CAREY,MARY T.FLANIGAN,PATRICK T.PRIBYL.LAURA M.BUHRMESTER,EVAN
D.SIZEMORE,CHARISSA D.LECUYER,CHARLES R.TETER,111,REBECCA S.GROSS,LARISSA SMITH,TAHITIA M.FRY,C.STEPHENS GRIGGS,
MEGAN L.BURNS-HASTY,OF KANSAS CITY,MO
its We and lawful Attomey(s)-in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf`of the company as surety,to execute and deliver
and affix the seal of the company thereto(it's seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail
bonds,bank dopp�o,shory bonds,mortgage deficiency bonds,mortgage gt�emnty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers
compensation Fwnds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,Itarardous waste remediation bonds of black lung
bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED
FIFTEEN MILLION DOLLARS($15,000,000)-----------------------FOR ANY SINGLE OBILGATION
and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed.
Thisdocument is not validunless printedon colored background and is multi-colored. This appointment is made under and by authority of the board of directors
at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the billowing resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint
attorneys-in-tact or agents with authority as defined or limited in the instrument evidencing the appointment in each case;for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations or all kinds;and said officers may remove
any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company
(i)when signed by the president,any vice president or assistant vice president,.and attested and sealed(if a seal be required)by any secretary or assistant
secretary;or
(ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be
required)by a duly authorized attorney-in-fact or agent;or
(iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents.pursuant to and within the limits orthe authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be
affixed this 13TH day of JULY,2016.
OLD REPUBLIC SURETY COMPANY
l `J4 •., rO
`/ I SEAL/
• r'
STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS President
On this 13TH day of JULY,2016. ,personally came before me, Alan Pavlie and
Jane ertey ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument,and they each acknowledged the execution of the sine,and being by me duly sworn,did severally depose and say; that they are the said oBicers of the
corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such olficers
were duly affixed and subscribed to the said instrument by the authority of the board of directon of said corporation.
YN n,_a /!—ii4wti Y
Notary Public
My commission expires: 9/28/2018
CERTIFICATE (Expiration of notary commission does not invalidate this instrument)
1,the undersigned,assistant secretary of the OLD REPUBLIC.SURETY COMPANY,aWisconsin corporation,CERTIFY that the foregoing and attached Power
°of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth lin the Power of Attorney,are now in
force. SEP 2 .8 Znlb
40-5654. �„•� Signed and sealed at the City of Brookfield,WI this day of _
Weo• . ,o
EAL e
o a
LOCKTON COMPANIES,LLC
owl• •• WN •• •
228 - -2262(5- )
art
September 27, 2016 F I R E LA K E
CONSTRUCTION. INC.
City of Riverside
2950 NW Vivion Road
Riverside, MO 64150
RE: Riverside City Hall—Public Safety HVAC Upgrade Project
To Whom It May Concern:
Subsequent to our review of the insurance requirements as outlined in the subcontract, we have
identified the following issues that need to be amended:
1. Article VIII Section A.1.a. - Issue: Requires the Commercial General Liability policy to have a per
occurrence limit in excess of$1,000,000.
Proposed: Firelake will meet this requirement through the use of the Umbrella/Excess Liability
policy.
2. Article VIII Section A.3.b. - Issue: Employer's Liability minimum limits required are $1,000,000
bodily injury by accident and $500,000 bodily injury by disease -each employee.
Proposed: Firelake's Worker's Compensation policy contains the following Employer's Liability
limits: $1,000,000 each accident/$1,000,000 disease—each employee/$1,000,000 disease—
policy limit.
3. Article VIII Section B. - Issue: Requires blanket contractual liability coverage for all indemnity
obligations of Contractor under the Contract Documents.
Proposed:The Commercial General Liability policy does contain contractual liability coverage,
but it is subject to terms, conditions or exclusions of the policy.
4. Article VIII Section E. - Issue: Requires Firelake's insurance policies to be endorsed stating they
shall not expire, be cancelled, be non-renewed, altered or reduction in coverage or limits
without 30 days written notice.
Proposed: Firelake's insurance policies are endorsed to provide 30 days notice of only
cancellation to certificate holders. Insurance companies will not agree to provide notice of
expiration, non-renewal, alteration or reduction in coverage. Please note, Certificate of
Insurance reflects expiration date of all policies, thus providing notice of expiration.
If you have any questions regarding the above items, please feel free to contact to me. We will proceed
in issuing an insurance certificate based upon the revisions identified above. We assume the revisions
are acceptable to all parties unless we receive written notification stating otherwise.
Best Regards,
LcLShaMa Hwnt
LaShana Hunt, Office Manager
Firelake Construction, Inc
14217 W. 95th Street • Lenexa, Kansas 66215 • (913) 312-9540
ACORO® CERTIFICATE OF LIABILITY INSURANCE 3/15/2017 9/26/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsemen s.
PRODUCER Lockton Companies CONTACT
NAME:
444 W.47th Street,Suite 900 PHONE FAX No
Kansas City MO 64112-1906 E-MAIL
(816)960-9000
INSURER(S)AFFORDING COVERAGE NAIC If
INSURER A:VallU Forge Insurance COIII an 20508
INSURED FIRELAKE CONSTRUCTION,INC. INSURER 8:
1371030 ATTN:LASHANA HUNT INSURER C:
14217 W.95TH STREET INSURER D:
LENEXA KS 66215 INBURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 14279197 REVISION NUMBER: XXXXXXX
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.
INSR TYPE OF INSURANCE AODL UBR POLICY NUMBER MOLICYEFF MPMOILDICV E%P LIMITS
LTR
COMMERCUIL GENERAL LIABILITY NGT FACH OC
APPLICABLE CURRENCE S XXXXXXX
CLAIMS-MADE F-1 OCCUR PREMISES Me occummucel S XXXXXXX
MED EXP Any one person) S XXXXXXX
PERSONAL S ADV INJURY S XXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S XXXXXXX
POLICY[X] PRI F_�LOC PRODUCTS-COMP/OP AGO S XXXXXXX
OTHER: JECTS
AUTOMOBILE IJABIIRY NOTAPPLICABLE COM SINGLE LIMIT $I.a%dmr XXXXXXX
ANY AUTO BODILY INJURY(Per person) $ XXXXXXX
OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXYX
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $ (�(�(�(
AUTOS ONLY AUTOS ONLY Par nt
sXXXXXXX
UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX
EXCESS LIAR CLAIMS-MADE AGGREGATE $ XXXXXXX
DED RETENTIONS E XXXXXXX
WORKERS COMPENSATION NOT APPLICABLE STATUTE ERH
AND EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNERIEXECURMITVE Y❑ NIA E.L.EACH ACCIDENT $ XXXXXXX
OWICEEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ XXXXXXX
If S,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX
A INSTALLATION FLOATER N Y 5088163740 3/15/2016 3/15/2017 8125,000 ANY ONE OCCURRENCE
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,AddNkanl Remarks Schedule,may M atleehed N mon space is required)
RE:FIRELAKE JOB#CC6-6418/A WAIVER OF SUBROGATION APPLIES AS REQUIRED BY SIGNED,WRITTEN CONTRACT AND WHERE ALLOWED
BY LAW.
CERTIFICATE HOLDER CANCELLATION
14279197
CITY OF RIVERSIDE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
2950 NW VIVION ROAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
RIVERSIDE MO 64150 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATI
®1988 O15 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
DATE(MMIDDMYYY)
,4coRO® CERTIFICATE OF LIABILITY INSURANCE 3/15/2017 9/26/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(Ies)must have ADDITIONAL INSURED provlalons or lN1 endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the Certificate holder in lieu of such endorsements .
CONTACT
PRODUCER Lockton Companies NAME:
444 W.47th Street,Suite 900 PNONEErtfil
No
Kansas City MO 64112-1906 �L
(816)960-9000 INSU AFFORDING COVERAGE NAICO
INSURER A:Contin=t l C S 1 O 20443
INSUREDFIRELAKE CONSTRUCTION,INC. INSURER 6:Vallcy F r ID C COM 20508
1343570 ATTN:LASHANAHUNT INSURER C:
14217 W.95TH STREET INSURER D:
LENEXA KS 66215 INSURER E:
INSURER F
COVERAGESCERTIFICATE NUMBER: 14279195 REVISION NUMBER: XXXXXXX
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.
L UBR POLICY EFF POLICY EXP LIMITS
rGEWLAGGRE
F INSURANCE POLICY NUMBER M MID EACH OCCURRENCE E10000GENERAL LUBILRY y Y 8022256224 3/15/2016 3/15/2017ADE rX OCCUR PREMIS Ea rrsnmE LOOOOOMED EXP(Any one parson) E 5000
PERSONAL S ADV INJURY E 1000 000
GENERAL AGGREGATE E 2000000
LIMIT APPLIES PER:jECT 0 LOC PRODUCTS-COMP/OP AGG S 2 OOO OOO
E
CO BIN SIN LELMI E
B AUTOMOBILE LIABILITY Y Y 4022256238 3/152016 3/15/2017 Ea dent 1,000,000
BODILY INJURY(Per person) $ XXXXXXX
X ANY AUTO
OWNED SCHEDULED PROILY PERTY DA (Peracdden9 S XXXXXXX
AUTOS ONLY AUTOS PROPERTY DAMAGE E XXXXXXX
tM
HIRED X NON-OWNED Per accts t
AUTOS ONLY AUTOS ONLY S XXXXXXX
UMBRELLA Luc X OCCUR Y Y 4022248740 3/152016 3/152017 EACH OCCURRENCE E 1,000,000
AGGREGATE E 1,000,00(i
EXCESS LIAR CLAIMS-MADE E XXXXXXX
DED RETENTION
KERS COMPENSATION Y 5088166492 3/152016 3/152017 X STATUTE ER
EMPLOYERS'WBILITY YIN E.L.EACH ACCIDENT S 1000000
ROPRIETORIPARTNERIEXECUTIVE NIAERAAEMBER EXCLUDED? N E.L.DISEASE-EA EMPLOYE E 1000000
(Mandd In NH) E.L.DISEASE-POLICY LIMIT $ 1000000
DrSdescdEN under
DESCRIPTION OF OPERATIONS babes
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addabnel amnarks Selwdole,may M atlaelnd H mon acIS n
Spe gVlm)
RE:FIRELAKE JOB If CC6-6418/THE CITY OF RIVERSIDE,ITS EMPLOYEES,OFFICERS,AND AGENTS ARE INCLUDED AS ADDITIONAL
INSUREDS ON A PRIMARY AND NON-CONTRIBUTORY BASIS,AS RESPECTS GENERAL LIABILITY,AUTO LIABILITY AND UMBRELLA
CONTRACT AAS REQUIRED BY ND WHERE ALLOWED BY LAW.WWRITTEN
NOTICE OF CANCELOLATION APPLIES EXCEPT FOR NF SUBROGATION APPLIES AS ONUPAY).IRED BY SIGNED,WRITTEN
CERTIFICATE HOLDER CANCELLATION
14279195 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF RIVERSIDE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2950 NW VIVION ROAD ACCORDANCE WITH THE POLICY PROVISIONS.
RIVERSIDE MO 64150
AUTHORIZED REPRESENTA
M
®1988 015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
CITY OF
RIVERSIDE Business/Contractors License
( MISSOURI Application
2950 NW Vivion Road Phone: 816-741-3993
Upstream from ordinary.
Business Start Date 01 /01 /11
Legal Name of Business Firelake Construction, Inc
Common Name of Business or DBA
Nature of Business BAS
Zoning of the Business Commercial Will the Business have Outdoor Storage?❑YESONO
Business Address 14217 W 95th Street City Lenexa State KS Zip 66215
Mailing Address 14217 W 95th Street city Lenexa State KS Zip 66215
Local Phone((� 312-9540 Corp. Phone ( ) Cell Phone ( )
E-Mail Address jfoley@firelakeco.com
Primary Contact Name(owner/Corp.Agent) Jackie Foley Home Phone7A 218-4976
Home Address City State_ Zip
Date of Birth Drivers License Number nState Issued --
Secondary Business Contact Name LaShana Hunt Phone_`(y 3 312-9540
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 mu
st be signed and this may be done at City Hall.)
I declto the best otlny knowledge and belief the statements made herein are true and correct.
9/22/2016
ignation Agent/Owner Date
CENotification is kindly requested iJyou discontinue business.
Title: Owner,Partner Manager or Corporate Officer
I1x•rtpplumu...rani.. inx.Jmnxg(rllr.vlxvlrcr MneAmr nn+o�nnrmnw wan
rwprxryrernlydirn0lur u/du ax/e.lhif licnra•rugrhe mvhvl 11x'nppfiann npree+hr nAiJa>'1'nll Nnrmde Onllrxmas um/8nm Laxxmxl rsgnlnuwr.r
Licensing Fees: Non-Industrial/Contractor-$48/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 12-31- Yearly Fee Approved by
License Amount Remitted Type of Payment Business License Number
Firelake Construction, Inc. 010035
Remittance Advice
Page I of I
Check: 10035 Paid by: Firelake Construction Inc. our Account W:
Date: 09/23/16 Paid to: City of Riverside Vendor Code: CITY03
Amount: 24.00
Inv.Date Invoice No. Job Number Inv.Amount Discount Amount Paid Retention Remarks
09/23/16 92316 24.00 0.00 24.00 0.00 City of Riverside Bus License
Check Totals 24.00 0.00 24.00 0.00
Firelake Construction, Inc. 010035
DETACH ANC MEN1 REORDER FORM NO.522L USE WITH COMPANION ENVELOPE"I
/� �/ INTRUST BANK, NA DATE CHECK NO
FI RELAKE LENEXA, KS 66215-5208 40-211011
09/23n6 010035
CONSTRUCTION, INC. (913)312-9540
10035
PAY
"TWENTY-FOUR AND XX/ 100 DOLLARS
"24.00
PAY City of Riverside FOR 9 DAYS
TO 2950 NW Vivion Road
THE Riverside,MO 64150
ORDER
OF
110 100 3 511■ 1: 1011000291: 4237839 70
NSAS g- A-rEWIDE CERTIFICATION PROO/
�P 44
F I H E s rq CERTIFIES
O,. gp PER As V
Firelake Construction, Inc.
Q � z
Disadvantaged Business Enterprise (DBE)/Minority Business Enterprise (MBE)/
.a Woman Business Enterprise (WBE)
NAICS Code/WorkType(s): 238210-Electrical Contractors and Other Wiring Installation
y ontractors;238990-All Other Specialty Trade Contractors;334290-Other Communications Equipment
anufacturing;541511-Custom Computer Programming Services;541512-Computer Systems Design Services;
U A R Y 2 � - 541513-Computer Facilities Management Services;561621-Security Systems Services(except Locksmiths)
7/31/2014
Effective Date
Rhonda Harris, Director Doria Watson, Administrator
Office of Minority & Women Business Office of Contract Compliance
Kansas Department of Commerce Kansas Department of Transportation
U LICENSE 09-30-2016
Lenexa License Expiration Date
This License is conditioned upon compliance with all the provisions and requirements of the Lenexa City Code.
Failure to comply with those provisions may result in revocation of this License. THE ISSUANCE OF THIS LICENSE
DOES NOT SIGNIFY CONFORMANCE WITH ZONING, BUILDING OR OTHER CODES AT THE LISTED LOCATION.
BL13-00369
BUSINESS LICENSE NUMBER
BUSINESS NAME / MAILING ADDRESS
FIRELAKE CONSTRUCTION
14217 W 95TH ST
LENEXA. KS 66215
BUSINESS LOCATION
14217 W 95TH ST
LENEXA,KS 66215 1i 1; 1tJIle
J
Business License Type:
Contractor-Inside Lenexa
Ki
EXCEPT AS OTHERWISE PROVIDED IN LENEXA CITY CODE, THIS LICENSE IS NOT TRANSFERABLE.
- - - - - ------------ -- ------------ - - -------------- ----------------------- -- -
City of Lenexa/ 12350 West 87th Street Parkway/Lenexa, Kansas 66215-2882
913-477-7500/Fax: 913-477-7730
http://www.lenexa.com
,acoizoe CERTIFICATE OF LIABILITY INSURANCE 3/15/2017 F3/14/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. N SUBROGATION IS WANED,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 Lockton Companies NCONTACT
AME:
444 W.47th Street,Suite 900 PHONE JFAX
No:
Kansas City MO 64112-1906 L
(816)960-9000
INSURER(S) AFFORDING COVERAGE NAN:N
INSURER A:Continental ClifflIaty COMPQUY 20443
INSURED FIRELAKE CONSTRUCTION,INC. INSURER B:Valley Foie Insurance Com an 20508
1369992 ATTN:LASHANA HUNT INSURERC:
14217 W.95TH STREET INSURER D:
LENEXA KS 66215 INBURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: 12675560 REVISION NUMBER: XXXXXXX
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.
INSR TYPE OF WSURANCE POLICY NUMBER ADDLISUOR ICY EFF POLICY EXP LIMITS
LTR
A X COMMERCU GENERAL LIABILITY N N 4022256224 3/15/2016 3/15/2017 EACH OCCURRENCE $ 1,000,000
CLAIMSMADE 1XI OCCUR PREMISES Ea cel $ 100.000
MED EXP(Any We pv• ) 3 5,000
PERSONALSADVIWURY $ 1.000.000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3 2,000,000
POLICY al ESC 0 LOC PRODUCTS-COMP/OPAGO 3 2,000,000
OTHER: $
B AUreMDBILE UAIN 1TY N N 4022256238 3/15/2016 3/15/2017 Ea a INED SWGLE LIMIT $ 1,000,000
X ANY AUTO BODILY INJURY(Per Perm) $ XXXXXXX
ALL OWNED SCHEDULED BODILY INJURY(Perecciden) $ XX7{J(J(7(](
AUTOS NOs OWNED PROPERTY DAMAGE f XXXXXXX
IX X HIRED AUTOS AUTOS Para m
$ XXXXXXX
A X UMBRELLA LIAR N OCCUR N N 4022248740 3/15/2016 3/15/2017 EACH OCCURRENCE f 5,000,000
EXCESB LIAB CLAIMSMADE AGGREGATE $ 5,000.0w
DED RETENTION$ $ XXXXXXX
TH-
A AND EMPLOYERS'LIABILIABILITYi N 5088166492
WORKERS COMPENSATION 3/15/2016 3/15/2017 X ATUTE ER
ANY PROPRIETORIPARTNERIEXECUTIVE Y/N N/A� E.L.EACH ACCIpEM $ 1 OOO OOO
OFFICERIMEMBER EXCLUDED? NN
(Mandatury In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
M describe under
DESCRIPTION OF OPERATIONS belve E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additk.W Remarks Schedule,may be asaehed anwre spaceN"Ind)
EVIDENCE OF INSURANCE
CERTIFICATE HOLDER CANCELLATION
12675560
EVIDENCE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTAT
L 14
M
®1988 014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
CITY OF RIVERSIDE, MISSOURI
INFORMATION FOR BIDDERS
INVITATION TO BID
RIVERSIDE CITY HALL - PUBLIC SAFETY HVAC
CONTROLSUPGRADE
City of Riverside, Missouri
August 23, 2016
CITY OF RIVERSIDE,MISSOURI
ADVERTISEMENT FOR BIDS
Sealed bids for the City Hall—Public Safety HVAC Controls Upgrade Project will be received by
the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10_00
a.m.,on Aueust 23,2016, and then publicly opened and read aloud at Riverside City Hall.
Bid and Contract Documents may be obtained at Riverside City Hall, or on the City of
Riverside's website, www.riversidemo.com. The City reserves the right to waive any informality
or to reject any or all bids.
CITY OF RIVERSIDE, MISSOURI
INFORMATION FOR BIDDERS
The City of Riverside,Missouri(the"City")invites sealed bids for the
HVAC CONTROLS UPGRADE PROJECT
Mandatory Pre-Bid Meeting Required to Participate.Pre-bid meeting will begin at 10:00 a.m. on
August 9,2016 at City Hall BOA Chamber.Contractors shall register between 10:00 a.m. and 10:15 a.m.
prior to walk thru of project.No exceptions.
1. Receipt and Opening of Bids. Bids will be received at the office of the City Clerk,Riverside City
Hall,2950 NW Vivion Road,Riverside,MO 64150,until 10:00 a.m.,on August 23,2016,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"RIVERSIDE CITY HALL—PUBLIC SAFETY
HVAC CONTROLS UPGRADE"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;
twooddellnn,riversidemo.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 famishing.
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. Oualifications 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 cavy 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 three (3) 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 straw bids
• Submit references of three similar recent HVAC control upgrade projects including owner
contact information.
8. Time of Completion and Liquidated Damaees: 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 14 consecutive Calendar Days thereafter. The bidder agrees that,should the bidder fail to
complete the work in the time specified,the amount of liquidated damages shall be$100.00 per day.
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 finnish 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 Reeulations: 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 firmish the principal items of material or equipment)proposed
for portions of the work.The City prefers a bidder operating within the KC metro area.
12. Oblieation 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. 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. Attomeys-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.)
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 Emolovers: 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. Insurance: Contractor shall provide certificate of insurance evidencing general commercial
insurance coverage in an amount not less than$1,000,000,as well as workers' compensation in amount
not less than the statutory amount.
22. Sip-nine 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.
EXHIBIT A-SCOPE OF WORK/SPECIFICATIONS
Public Safety and City Hall Buildings
• Provide a Web-Based Building Automation System Including:
o Supervisory Controllers for Web-Based access and other supervisor features such as alarms,
trends,graphics,and data management.
o Control Panels for supervisory controller,transformer,and terminal strips
• Provide DDC Controls for Public Safety Building Roof Top Unit 3 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
o Zone Thermostat with LCD Display,Setpoint Adjust,and Override switch
• Provide DDC Controls for Public Safety Building Roof Top Unit 4 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
o Zone Thermostat with LCD Display,Setpoint Adjust,and Override switch
• Provide DDC Controls for Public Safety Building Make Up Air Unit Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensor for Discharge Air Temperature
o Zone Thermostat with LCD Display, Setpoint Adjust,and Override switch
o Main Power KW Monitoring
• Provide DDC Controls for Public Safety Buildings Cooling Unit
o Reuse of all field devices
• Provide DDC Controls for Public Safety Buildings Exhaust Fans
0 Reuse of all field devices
• Provide DDC Controls for City Hall Building Roof Top Unit 1 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
• Provide DDC Controls for City Hall Building Roof Top Unit 2 Including:
o Programmable Field Controller for RTU Control
o Reuse of all field devices except for items listed below including
o Temperature"Probe"Sensors for Return and Discharge Air Temperature
o Temperature"Averaging"Sensor for Mixed Air Temperature
• Provide DDC Controls for FPB VAV Boxes with Hot Water Reheat(total of 36)Including:
o Programmable Field Controllers including:
• Integrated Actuator
• Intergraded Differential Pressure Transmitter
o Reuse of all field devices except for items listed below including
o Zone Thermostats with LCD Display,Setpoint Adjust,and Override switch
o Temperature"Probe"Sensors for Discharge Air
• Provide DDC Controls for Miscellaneous Control Including:
o Temperature"Exterior"Sensor for Outdoor Air
o Humidity"Exterior"Sensor for Outdoor Air
*New system must match and integrate with newly upgraded existing RTU controls and server platform in
Once. Johnson Controls Facility Explorer.
RIVERSIDE CITY HALL - PUBLIC SAFETY HVAC
CONTROLSUPGRADE
BID FORM
Bid:
Dated on this day of 2016
Contractor
Title
(SEAL)
Attested Title
Address
Telephone Number
CITY OF
Ftl 'ERS
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE:August 29,2016
AGENDA DATE: September 6,2016
TO:The Mayor and the Board of Aldermen
FROM:Tom Wooddell
RE:City Hall and Public Safety HVAC Controls Upgrade Project
BACKGROUND: The City Hall,Public Safety Facilities HVAC controls upgrade project was
designated as one of the facility improvement projects in the 2016-2017 budget. . The HVAC
controls project was offered to bid in August.Staff received one bid.The bid received was:
Firelake Construction,Inc.-$82,410.00
Budgetary Impact:The 2016-2017 budget included$9o,000.00 for the City Hall and Public
Safety Facilities HVAC controls upgrade project.
REVIEWED BY AND RECOMMENDATION: Staff has reviewed the bid and recommends
Firelake Construction Company,Inc. 14217 W 95th Street Lenexa,KS. 66215,for the City Hall and
Public Safety Facilities HVAC controls upgrade project.