HomeMy WebLinkAbout2007-077 - 2007 Street & Sidewalk MaintenanceBILL N0.2007- 77 ORDINANCE N0.2007- 77
AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO ENTER INTO A
CONTRACT WITH, AND PAY CERTAIN FUNDS TO MCANANY CONSTRUCTION INC.
FOR THE 2007 STREET AND SIDEWALK MAINTENANCE PROJECT
WHEREAS, McAnany Construction Inc. ("Contractor") is providing services for construction
services ("Services"), to the City for the 2007 Street and Sidewalk Maintenance Project ("The Project"); and
WHEREAS, Contractor desires to provide such Services and requires funding to provide services to
the City for the City's Infrastructure; and
WHEREAS, the City finds that the provisions of the Services is a public purpose and the City has
the capability and desire to retain Service Provider for the provisions of such Services to the City.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as
follows:
Section 1. The City finds that the provisions of the Services contributes to the welfare of the
City, that the Services are important to the welfare of the City and that the provisions of the funds to assist in
the providing such Services are for a public purpose.
Section 2. The City of Riverside shall pay to the Contractor for the provisions of the Services
to the City, pursuant to Exhibit A, which is hereby approved, in the amount not to exceed Five Hundred
Thirteen Thousand Five Hundred Thirty-Three Dollars and Forty Cents ($513,533.40).
Section 3. The Mayor, City Administrator and City Clerk are authorized and directed to
execute the Service Agreement with such changes as such officer shall approve, execution of such document
being conclusive proof of such approval. The Mayor, City Administrator and City Clerk are each authorized
and directed to perform all the acts and execute any other documents necessary or desirable to effectuate the
intent of this Ordinance
Section 4. This Ordinance shall take effect immediately.
Passed this 17s' day of July, 2007.
Mayor Kathleen L. Rose
A ES
Ci lerk
AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
CONTRACTOR:
ORDINANCE NO.:
CONTRACT PRICE:
MCANANY CONSTRUCTION. INC.
FOR
COMPLETION OF
2007 Street and Sidewalk Maintenance Project
MCANANY CONSTRUCTION, INC.
2007-77
$513,533.40
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A~eement
T
2007 STREET AND SIDEWALK MAINTENANCE PROJECT
of JULY , 2007, by
THIS AGREEMENT, made and entered into as of the 17th day ~oNGTRnc'mToty irrc.-
and between the City of Riverside, Missouri (City', and
("Contractor"), shall govern all Work to be provided by Contractor for City on the Project.
duly approved
WHEREAS, City, under the provisions of Ordinance No. 2 0 0 7 - 7 7 _~
Jul 17 2 0 0 7 and by virtue of the authority vested in City by the general
ordinances of City, intends to enter into one or more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City,
and the City Administrator ("Administrator's is authorized to perform Administrator's functions set forth in
this Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other persons to
assist Administrator in performing Administrator's functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services,
materials, supplies, tools, equipment, supervision, management, and other items as set forth in this
Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the
Work, in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained,
IT IS HEREBY AGREED by City and Contractor as follows:
ARTICLE I
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B, "Project," as used in this Agreement and the other Contract Documents, me~ent
building, facility, and/or other improvements for which Contractor is to provide Work under this Agr
It may also include constriction by City or others.
C, "Work,,' as used in this Agreement and the other Contract Documentselseenecessary to
services, materials, supplies, tools, equipment, supervision, management, and anything
accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications
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Agreement
and Drawings) to this Agreement and the other Contract Documents, in full compliance with all requ~ ruin
set forth in the Contract Documents, subject to additions, deletions, and other changes as pro
Article VI of 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.
D. Contractor represents that it has evaluated and satisfied itself as to all conditions and
limitations under which the Work is to be performed, including, without limitation, (1) the location,
condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic
conditions, (3) labor supply and costs, and (4) 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.
ARTICLE II
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents
and complies fully with each and every obligation of Contractor under the Contract Documents, City shall
_ Dollars
pay Contractor the sum of Five Hundred Thirteen Th~~ F>_ve Hundred Thirty Tie
). 'This amount shall mclude all costs, permit fees, profit, overhead,
($513,fi33 40
expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the
"Contract Amount „
B. The Contract Amount is subject to final determination of Work performed at unit
prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit
E are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an
initial Contract Amount. Determination of the actual quantities and classifications of unit price Work
performed by Contractor will be made by City. Final payment for all unit price items set forth in Exhibit E
will be based on actual quantities, determined by City.
C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be full
compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and
anything else necessary to complete the respective items in place, in full compliance t~axes~and compensation
forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses,
of every kind related to the Work are included in the lump sums and unit prices set forth eExhibi ~E~ by
labor, services, materials, supplies, tools, equipment, supervision, management, or anything ~1
the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or
in addition to the lump sums and unit prices set forth in Exhibit E. All Work not specifi~ It f esf p ofimt,
Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, p
overhead, expenses, taxes, and compensation of every kind in connection therewith are included in the prices
set forth in Exhibit E. .
D. If estimated quantities set forth in Exhibit E are materially changed so that application
of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit
prices shall be equitably adjusted.
E. .This Agreement is subject to the City Ordinances, and payment shall be limited to the
amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this
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it
Agreement shall not exceed the appropriation contained in Ordinance No. 20 07 -7 7
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 Article VI of this Agreement,
and City enacts another ordinance authorizing the amount City agrees to pay under Article VI.
ARTICLE III
PROGRESS OF WORK /SUBMITTALS
A. Contractor shall commence performance of the Work on the date indicated in a written
notice ("Notice to Proceed") that shall be given by City to Contractor.
B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F
of this Agreement) of all the Work not.later than 60 working days after the date indicated in the Notice to
Proceed for commencement of performance of the Work. A working day is any day, except Saturdays,
Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous working
time. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items
as promptly as pernutted by weather conditions or any other conditions affecting completion of the Work.
C. If the Contractor failures to achieve Substantial Completion in accordance with this
Agreement, City may exercise its rights under Paragraph F below and Article XIII of this Agreement, under
all circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure
to achieve Substantial Completion in accordance with Paragraph B above.
D. Time is of the essence in the performance of the Work and any other Contractor
obligations under the Contract Documents. Contractor shall upon commencement of construction work daily
to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This
Paragraph D does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement
weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday,
holidays or days of impending inclement weather.
E. Promptly after the execution of this Agreement, and in any event before commencing
performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies
the dates on which Contractor plans to begin and complete various parts of the Work, including dates on
which information and approvals are required from City. Upon City's written approval of the schedule,
Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule
on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the
Project. With each Application for Payment Under Article V of this Agreement, Contractor shall submit an
updated, current schedule. Neither the original schedule nor any update shall exceed time limits current
under the Contract Documents.
F. In the event Administrator determines that performance of the Work is not progressing
as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be
finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to
any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate
Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the
Contract Documents and clearly indicates that all Work will be completed within the prescribed time.
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G. Contractor shall submit to City for review and approval all shop drawings, samples,
product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to
City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare
and deliver its submittals to City in a manner consistent with the construction schedule and in such time and
sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall
not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract
Documents unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the
Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City
any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably
be required by City. Contractor shall perform all Work strictly in accordance with approved submittals.
City's approval does not relieve Contractor from responsibility for defective work resulting from errors or
omissions of any kind on the approved submittals.
ARTICLE IV
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated
by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between
City and Contractor, and are the Contract Documents:
1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR.
2. SCOPE OF WORK (Exhibit A to this Agreement).
3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement.
4. PERFORMANCE BOND (Exhibit C to this Agreement).
5. PAYMENT BOND (Exhibit D to this Agreement).
6. ITEMIZED PROPOSAL (Exhibit E to this Agreement).
7. PREVAILING WAGE RATES (Exhibit F to this Agreement).
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by
Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's
satisfaction. Except for actual conflict between provisions in the 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.
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ARTICLE V
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with
a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City. Each application for payment shall be based upon the percentage of actual completion of
each category, multiplied by the dollar value of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Payment to the City representative designated in Article XII. In addition to the
amount of payment requested in the Application for Payment, each application shall list the original Contract
Amount, the amount Contractor has invoiced 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. Contractor shall include with each Application all supporting documentation as City
may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all
supporting documentation to City's designated representative, provided all Work and documentation are
acceptable to City. Within 15 days of its receipt of payment from City, Contractor shall pay all
subcontractors and suppliers to whom payment is owed from the amount paid to Contractor.
C. All payments under this Agreement shall be made only upon the approval of
Administrator. Administrator shall review each application for payment and certify for payment such
amounts as Administrator deterniines are due Contractor. From the total amount certified, Administrator
shall withhold five percent as retainage until Substantial Completion of all the Work, as defined in Paragraph
F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified
to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor
under Ordinance No. 2 0 0 7 - 7 7 .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.
D. Neither Administrator's 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.
E. 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.
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F. Contractor's retainage shall not be released until Contractor notifies City's designated
representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work
shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents
for achievement of substantial completion of all the Work have been satisfied and the Administrator
determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City
can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days
of Administrator's certification that all the Work is Substantially Complete. If there are minor items
remaining to be completed upon Substantial Completion, an amount equal to 200% of the value of each item,
as determined by Administrator, shall be withheld until such items are completed.
G. Contractor shall not be entitled to final payment for the Work until Contractor submits
an application for final payment, all requirements of the Contract Documents are complied with, and
Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of
Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this
Agreement.
H. Acceptance of final payment by Contractor shall release City from all further
obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for
final payment as claimed by Contractor. All claims not identified in the application for final payment are
waived.
I. City may withhold final or any other payment to Contractor on any reasonable basis,
including but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the
Contract Amount,
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. If Contractor does not pay subcontractors or suppliers for labor and/or material
properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any
payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision
shall not confer any right upon any subcontractor or supplier to seek payment directly from City.
ARTICLE VI
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
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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 involved is covered by unit prices set forth in Exhibit E, by application of
such unit prices to the quantities of the items involved; or
2. If the Work involved is not covered by unit prices set forth in Exhibit E, by a lump
sum as to which Contractor and City mutually agree prior to the commencement of
performance of the change; or
3. If the Work involved is not covered by unit prices set forth in Exhibit E and agreement
to a lump sum is not reached, the change shall be performed on the basis of reasonable
expenditures and savings of those performing the Work attributable to the change,
including, in case of a net increase in the cost of Contractor's performance, a
reasonable allowance on the net increase for overhead and profit, subject to the
following:
Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of
expenditures and savings together with appropriate supporting data. Unless otherwise provided in the
Contract Documents, costs shall be limited to the following: costs of labor, including social security,
old age and unemployment insurance, fringe benefits required by agreement or custom, and workers'
compensation insurance; costs of materials, supplies, and equipment, including cost of transportation;
rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or
others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes
related to the Work; and additional costs of supervision and field office personnel directly attributable
to the change.
If a change to the Work causes an increase or decrease in the time required for Contractor's
performance, an equitable adjustment to the time for performance shall be made.
C. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the 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.
D. Agreement on any Change Order shall constitute a final settlement of all matters
relating to the change in the Work that is the subject of the Change Order, including but not limited to all
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direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and
time for performance of the Work.
E. If Contractor is delayed or interfered with at any time in the commencement or
prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or
engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives
notice as provided for in Paragraph F below.
F. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the Work,
shall be submitted to City's designated representative within five working days of the beginning of the event
for which the claim is made or on which it is based. If any claim is not submitted within the five-day period,
it shall be deemed waived.
G. No change or claim, nor any delay or dispute concerning the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall excuse
Contractor from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work,
maintain not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City, against claims for damage
to property and/or illness of, injury to, or death of any person or persons related to or
arising out of the Work. Such coverage shall have not less than the following limits:
a. Each occurrence $1,000,000.00
b. General aggregate $2,000,000.00
c. Products/completed operations aggregate $2,000,000.00
d. The following coverage shall be included:
Blanket contractual liability
Products/completed operations
PersonaUadvertising injury
Broad form property damage
Independent contractors
Explosion, Collapse, and Underground Damage
2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City,
its employees, officers, and agents, and any architects, engineers, or other design
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professionals engaged by or on behalf of City, against claims for bodily injury and/or
property damage arising out of the ownership or use of any owned, hired, and/or non-
owned vehicle and shall include protection for any auto, or all owned autos, hired
autos, and non-owned autos. The coverage shall have not less than a combined single
limit of $1,000,000.00 for each accident.
3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY -This insurance
shall protect Contractor against all claims under applicable state workers'
compensation laws. Contractor also shall be protected through employer's liability
coverage against claims for injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workers' compensation law. The limits
shall not be less than the following:
a. Workers' Compensation Statutory
b. Employer's Liability:
• Bodily injury by accident $1,000,000.00
• Bodily injury by disease $500,000.00 each employee
B. All insurance shall be written by an insurer or insurers acceptable to City and with a
minimum financial rating not lower than "B+XI" 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 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, shall, in form satisfactory to City, (1)
name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other
design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance
maintained by any additional insured, which other insurance shall be excess or contingent.
C. Contractor shall maintain the products and completed operations coverage for not less
than one year after the date of final acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors,
and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent
form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at
least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and
civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement,
water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or
material. 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
actually covered by the property insurance obtained by Contractor, except such rights as they may have to
the proceeds of the insurance.
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E. All policies and certificates of insurance shall provide no less than 30 days' prior
written notice to City in the event of cancellation or expiration of coverage afforded by the policy or
evidenced by the certificate. Contractor shall furnish City a certificate or certificates and copies of policies,
all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with
this Article VII. The certificate or certificates and policies shall be delivered to City's designated
representative not less than seven days before Contractor first performs any of the Work. All policies except
Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City and
its employees, officers, and agents.
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.
ARTICLE VIII
INDENINTTY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any azchitects, 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 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, regazdless of
whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This
obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity
that would otherwise exist as to a party or person described in this Paragraph A.
B. In claims against any person or entity indemnified under the preceding Pazagraph A by
an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or
for whose acts they maybe liable, the indemnification obligation under Pazagraph A shall not be limited by a
limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a
subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit
acts.
ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents
from and against any claim, action or suit that may be brought against them for Contractor's infringement of
any Letters Patent in the performance of this Agreement or any breach or violation of trademark or
proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and
expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged
infringement.
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ARTICLE X
COVENANT AGAINST UNDUE INFLUENCE
A. Contractor represents and warrants that it has not employed or retained any company
or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void
this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made,
directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of
City who may reasonably be expected to influence the decision to requisition, issue or take any action with
respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public
accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two years after final payment to Contractor, Contractor 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 XII
NOTICES
A. The following persons are designated by the respective parties to act on
behalf of such party and to receive all written notices and Payment Applications:
For Ci
Agreement
For Contractor:
00300-12
r
David Blackburn Philip J. I1ltlAnany
City Administrator Executive Treasurer
City of Riverside, MO Mr~Dnanv Cr~nctri~etinn, rnc-_
2950 NW Vivlon ~ 5320 Mid and Dry ve
Riverside, MO 64150 Shawnee Kansas 66217
B. Any notice required by the Contract Documents to be given in writing or that either
City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving
notice. The notice shall be deemed to have been given when it is received at the address stated above for the
addressee or at such other address as the addressee may fiunish the other party.
C. Contractor's designated representative shall be available to meet with City at any time
during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter
related to this Agreement and/or the Work.
ARTICLE XIII
DEFAULT
A. If Contractor fails to comply, becomes unable to comply, or with reasonable
probability (as determined solely by City) will become unable to comply with any of Contractor's obligations
under the Contract Documents, including but not limited to (1) failure at any time to funvsh 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, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and
if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to
correct from City, City may, in addition to any other right or remedy City may have, fiunish any necessary
labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the
default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or
all of the Work and take over and complete the performance of such Work, through City or others, at
Contractor's expense.
B. If City exercises its right to take over and complete any part or all of the Work, City
and its designees shall have access to and may take possession of 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 maybe necessary to prosecute the Work taken over by City, and may employee Contractor's
employees or former employees, all without any liability to Contractor.
C, Contractor shall be liable for and shall pay to City all costs and expenses of
whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the
cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting
fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses,
damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting
from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties,
losses, damages, and claims maybe deducted by City from the amount, if any, otherwise due Contractor, and
Agreement
00300-13
i
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.
ARTICLE XIV
TERMINATION FOR CITY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default, terminate
Contractor's performance of any part or all of the Work for City's own convenience by giving written notice
to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent
directed by City, stop work and turn over to City or City's designee materials and equipment purchased for
the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the
Work as is actually performed as of the termination for convenience. City shall not be obligated to
Contractor for any 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 XIV.
ARTICLE XV
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure
all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security number,
occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such
worker, the number of hours worked each day, the total hours worked during the payroll period, the gross
Agreement
00300-14
ti
amount earned, an itemization of all deductions, and the net wages paid and (b) a wrresponding 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. Tlris Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this
Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any
person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order
shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, 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. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This
assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s)
and/or purchase order(s) that City designates in the writing. This assignment maybe accepted by City at any
time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without
City's written consent.
ARTICLE XVII
ACCESS TO STTE/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.
The public street shall remain open to traffic at all times. Driveway access to adjacent property shall be
restored at the end of each working day.
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 m;nimi~e and confine dust and debris resulting from
construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written
notification from City of non-compliance, City may implement cleanup measures without further notice and
deduct the cost from any amounts due or to become due Contractor.
Agreement
00300-IS
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ARTICLE XVIII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence,
and experience to perform all the Work.
ARTICLE XIX
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. If any defects in the Work are discovered within one year from final completion
of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in
addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's
final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to
complete the Work free of defects in workmanship and material.
B. Contractor shall remain solely responsible for the performance of the Work as required
by the Contract Documents, notwithstanding any suggestions or observations made by another person or
entity with respect to the Work.
C. This Article XIX does not establish a period of limitation with respect to any
obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any
action for breach of such obligation.
ARTICLE XX
STORAGE OF MATERIALS AND EQUIPMENT
Only materials and equipment that are to be used directly in the Work shall be brought to and stored
at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly
removed from the Project site. Protection of wnstruction materials and equipment stored at the Project site
from weather, theft, and all other casualty or damage is solely the responsibility of Contractor.
ARTICLE XI~II
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 maybe 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.
Agreement
00300-16
..
B. Contractor shall give notices and comply strictly with applicable laws, ordinances,
rules, regulations, orders, and the like bearing on safety of persons or property or their protection from
damage, injury, or loss.
C. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or
take corrective measures satisfactory to City, or both. If Contractor 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 XXII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers,
employees, or agents shall be deemed an employee or agent of City for any purpose.
ARTICLE XXIII
CONFLICT
Contractor shall promptly upon discovery advise City of any conflict, ambiguity or inconsistency in
the Contract Documents, or between any Contract Document and actual field conditions, and City shall
resolve such conflict, ambiguity or inconsistency in its sole discretion.
ARTICLE XXIV
BONDS
Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to
Administrator, a payment bond and a performance bond in the forms at Exhibits C and D to this Agreement,
or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall
guarantee and secure Contractor's proper performance and completion of the Work, and performance of all
of Contractor's obligations and duties under the Contract Documents, including, without limitation, all
warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment,
and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is
included in the Contract Amount.
ARTICLE XXV
SEVERABILITY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenforceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXVI
NO PRESUMPTION AGAINST THE DRAFTER
Agreement
00300-17
T
No presumption or inference against City shall be made because of City's preparation of this
Agreement or other Contract Documents.
ARTICLE XXVII
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or
the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first
try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and
Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association
under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the Project or this
Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party
its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXVIII
TITLES
The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied
upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any
of the provisions of any of the Articles.
ARTICLE XXIX
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the parties
with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or
written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any
other Contract Document may be amended, changed, or supplemented only by written agreement executed
by both of the parties.
Agreement
00300-18
r
(~
~.
Imo- THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by
City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
• representatives.
-- CITY OF RNERSIDE
ATTEST
~..
~.. `
C CLERK
~- Approved as to Form:
`" ohn W. McClella ,
City Attorney
Agreement
By:
MAYOR
Kathleen L. Rose
MCANANY CONSTRUCTION, INC.
B~~
r('Siygnature) q
Printed Name: '~1'~aa` ~ ,,~,, ~ tlh.`1T~.4K~
00300-19
__
EXHIBIT A -SCOPE OF WORK
Contractor shall perform the following Work:
All Work necessary to improve selected streets within the City as shown on and in accordance with
the Specifications referred to in Exhibit B to the Agreement. The Work consists of the following
street, sidewalk and driveway improvements.
1. Apache Drive 2" Mill & Overlay
2. Business Park Lane Slurry Seal
3. Business Park Lane Curb & Gutter
4. Business Park Lane Valley Gutter
5. Business Park Lane Surface Patch
6. Cerrito Lane Slurry Seal
7. Gatewoods Full-depth Patch
9. Van De Populier 4" Overlay
10. Indian Lane 2" Mill & Overlay
11. Osage Circle Slurry Seal
12. Driveway Improvements:
4958 High Drive Partial Replacement
4954 High Drive Partial Replacement
4948 High Drive Partial Replacement
4947 High Drive Partial Replacement
4944 High Drive Partial Replacement
4937 High Drive Partial Replacement
Mendenhall Partial Replacement
4920 High Drive Full Replacement
4908 High Drive Partial Replacement
4901 High Drive Partial Replacement
4900 High Drive Partial Replacement
4851 High Drive Partial Replacement
4835 High Drive Partial Replacement
4810 High Drive Partial Replacement
4800 High Drive Partial Replacement
4716 High Drive Partial Replacement
4708 High Drive Partial Replacement
4704 High Drive Partial Replacement
5109 High Drive Terr Partial Replacement
5107 High Drive Terr Partial Replacement
5010 High Drive Partial Replacement
5007 High Drive Tern Partial Replacement
5005 High Drive Terr Full Replacement
Agreement -Exhibit A
Page - 1
Ti
EXHIBIT B -SPECIFICATIONS
The following Specifications govern Contractor's performance of the Work:
2007 Street and Sidewalk Maintenance Project Specifications: (Divisions 1 through 3 of the Project Manual)
dated July 10, 2007 including appendices, addenda, and all other documents and specifications referenced
therein.
Agreement -Exhibit B
Page - 1
. ..
• THE AMERICAN INSTITUTE OF ARCHITECTS
I~~i~,;,
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AfA Document A310
Bird Bond
KNOW AlL MEN BY THESE PRESENTS, that we McAnany Construction, Inc.
PO Box 860009, Shawnee, Kansas 66286-0009 there insert lull name and address or legal title of Contrattorl
as Principal, hereinafter called the Principal, and Universal Surety Com~any
P. O. Box 80468, Lincoln Nebraska 68508-0468 (Here insert ful name and address or legal title of Surety)
a corporation duly organized under the laws of the State of Nebraska
as Surety, hereinafter called the Surety, are held and firmly hound unto City of Riverside
2950 NW Vivion, Riverside, MISSOnrI 64150 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
*****Five Percent of The Total Amount Bid***** Dollars (' S% )
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
(Here insert full name, address and description of protect)
2007 Street and Sidewalk Maintenance Project
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and glue such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material tumished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof betwcen the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 10th day of July, 2007
McAnany Construction, Inc.
• ~-~~~ (PrincipaQ ~ ~(S
(Witness)
fde)
AIA DOCUMENT A]10+ 81D BOND •AIA ®• FEBRUARY 1970 ED • THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W„ WASHINGTON, D. C. 20006 7
® Printed on Recycled Paper ti103
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UNIVERSAL SURETY COMPANY
Lincoln, Nebraska
POWER OF ATTORNEY
KNOW ALL IVIEN BY THESE PRESENTS:
l'hat the UNIVERSAL SIIRF.TY COPIPANY, a n+q+nration ul' the Slate of Nebraska having its principal once in the ('ity of Lincoln. Nebraska, pursna nt to the
following Dylaw, achich was uJcyncJ by the Doard of Directors of the said Company on July 23, I?81, to weir:
"Article V-Section b. HESIDGNT OFFICERS AND A'r-rORNEI'S-rN-PACT. The President nr any Vice 1'rcsident, acting aeith atry ticenlary ur :\cvistanl titcretary.
shall have the authority to appoint Resident Vice Presidcrols and Auomeyslu-Fact, wish the power anJ authority to sign, execute, acknowledge and deliver on its behalf, as
Surety: Any :utJ all undertakiugs ol'surclyship and to albs ihemo the corporate seal of the corporation. "fhe President or any Vire PrcsidenL acting wish any Secrctan• or
.4ssistanl ScY reury, shall also hace the authority to mnoa•e and revoke the authority ol'any such appuintce al any time."
Jaes hereby make, constitute mtJ appoint
Sean R. Miller or Matthew J. Miller or D. C. Pruett or Mary S. Wilcox or Denise A. Iverson or Ray C. Ritchey or
Dale A. Gebauer or Michelle A. Bickham, Kansas City, Missouri
its true and lawful Attome){s}itrfac6 to niake, execute, seal and deliver for and on its 6chall', as Surety:
Any anJ all undertakings ol'surctyship
.And the execwion of suftrMuiJs or undertakings in pursuance of these prcserus, shall he as binding upon said Canrpmry, as fully anJ amply, to all intents and pup+oses. as
il'Ihcy had been duly executed and acknowledge) by the regularly elected o0icers of the ('ompany al its o0ices in Lincohr. Nebraska, in their own persmns.
The following Resolmion was aJoprcd at the Regular Meeting of the Boanl of Directors ol'tl)e liNl\'ERSAL SURETY COMPAN\', hclJ on July?J. 1981:
"RESOLVED, That the signatures of u0icers of the Company anJ the xal ul'the Company may be aRxed by facsimile to any Power of Aunmey execute) in accordance
with Article V-Section G o(the l'onrpany Bylaars: and Thal any such Poaacr of Allmntey bearing such Tucsimile signatures, including the facsimile signature of a cerdf!firg
Assistant Secretary and facsimile anal shall be aaliJ and binding upon the Company acith respect to any bmrd. wlJenaking or tYtniracl of suretyship In which it is attached."
All authority hereby cmdeneJ shall rcnrain in full force turd eRect until terminated by the Company.
IN WITNESS \1'IIEREOF, l'NI\'ERSAL SURETY COhll'ANY has caused these prescu(s to be signed by its Vice PresiJcnt auJ its auq,urate seal to M' hereunlu
at7ixcd the 29th day of March ,,ti 07
1/~ ,/
Secretary By
Slate of Nebraska l
County of L;uwasler
Il
ANY
SUR
ETYCOM
P
UNIVERSAL
}/
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apI
4
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Yice PrexrdCllt
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On this 29th day of March ~p 07 , heti+re me perstmally came Curtis L Harttee to me known, who being by me duly
sworn, did Depose and say that Islhc resiJes in the County of Lancaster, State of Nchmska^that (slhe is the Vice President of the UNI\'ERSAL SDRETY COhIPANV. the
cogx+ration describe) in and Which executed the above instrunwn4 that (s)he knows the seal of the said ttnporation; that the seal a0ixed to the said instrument is such
eorporate scat that it was s,l alTixeJ by onler of the Doard of Directors of said corporation; that Islhe signed (his) (her) name by like orJer. and that Bylaw, Article V -Section
G, aJoptcd by the Doard of Directors of said Company. referred to in the preceding inswmad, is now in force.
~~ /Ulan:"
M y Conunission Expires Pcbntary I G, ?B I tl.
Notary Public
GENERAL NOTARY-State of Nebraska
TARA MARTIN
My Comm. Exp. feb. t6, 2010
I, Cheryl A- Dmw~~ AssisWnl Scerctary of UNIVERSAL SURETI' COPIPANY, Jo hereby certify that the above and foregoing is a tme and correct copy of a Pmrer of
Atbmrey executed by said UNU"ERSAI. SURETY COMPANY, which is still in toll force and cllcct.
Signed and scaled al the City ollinculn, Nebraska this 1 OCh Jay of .lllly .-?II~_.
/ /~ _ /J u ~f (:urroun~I~
:tM
Assiswut Secretary '';^sT1r~`
I8
EXHIBIT C PERFORMANCE BOND
Bond No. 102609
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated
July 17th , 2007, designated Ordinance No. 2007-77 , in every
particular, McAnanv Construction ~ Inc as Prmclpal, and
Universal Surety Comnanv as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
MisSOllrl, 1T1 the penal SUnl of Five Hundred Thirteen Thn„cand Fi~~a H„nrlrAri Tha rt„ Three
Dollars and 40/100. (513,533.40)
lawful money of the United States, conditioned that in the event Principal shall faithfully and
properly complete. the Work required by the Contract Documents described in the Agreement
and perform all of its obligations and duties pursuant to the terms of the Contract Documents,
including, without limitation, all warranty obligations and duties and including those under
which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker
required to execute the Work in the locality as determined by the Department of Labor and
Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of
Sections 290.210 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of
Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety
hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms
of the Contract Documents or to the Work to be performed thereunder shall in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work.
Agreement -Exhibit C
Page 1
McAnany Construction, Inc.
15320 Midland Drive
Shawnee, KS 66286
PRINCIPAL
-~Si e
Printed Name•
Title:
Date:
Universal Surety Company
PO Box 80468
Lincoln NE
SURE ~ /~
By: l/~
(Signature)
Printed Name' Denise A. Iverson
Title: Attornev-In-Fact -
Date: July 19, 2007
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this
obligation.
Agreement -Exhibit C
Page-2
UNIVERSAL SURETY COMPANY
Lincoln, Nebraska
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the UNI\'EI(5A1. Sl'I(ETY COMPANY, aaurtpnmtirnl ol'the $IJII' UI' NCbraska IIJVIiIg ITS principal opice in the C'ily of Lincoln. Nebraska, puma nl m the
lidluwing BVIJ\\', N'hll-II N'aS adnl)Il'd I)y Ihl' ROard Ot DIfCC1O15 of tell' tiled (Alllpally nll Jelly ~}, I98I, 10 N'IC
"Article V-Section G. RESIDENT OFFICERS AND ATTORNEYS-IN-PACT. The PresiJent or any Vice Presiden4 acting wiUl any Secretary or .4ssislant Secretary,
shall hm'c the audlority Io appuiut ResiJenl Vice Presidents and .4uomeys-lu-Fact. with the power and authority to sign, execute, acknowledge ant deliver on its behall; as
Surely: Any and all undertakings of suretyship and to alfis lherela the enrporale seal of the a)rpomlion. The President or any Vice I'residnll, acting with arty Secretary or
Assislam Scerelarv, shall also hacc the awhorityto remove and revoke the authority of any such appoinK'e at any ante."
dues hereby make, consliunc and appoint
Sean R. Miller or Matthew J. Miller or D. C. Pruett or Mary S. Wilcox or Denise A. Iverson or Ray C. Ritchey or
Dale A. Gebauer or Michelle A. Bickham, Kansas City, Missouri
its Imc and lawful AuunleyLs}in-Fact, u) make, execute, seal auJ deliver for and on its behalf: as Surely:
Any and all unJerfakings of suretyship
AnJ the csecmion ol'alch bonJs or undertakings in punuauce of Ihcse presents, shall be as binding upon sail ('Innpany, as fully auJ amply, to all intents and purposes, as
ihhey hat been July evn:ulcJ mIJ acknowlcJgeJ by the regularly ekcleJ ollicers of the Cwnp:wy al its nllices in Lincoln. Nebraska, in Ihcir nun persons.
llx; following ICesohnion was adupteJ al the Regular \Icetiug ul the DuarJ of Directors of the IiNIVF.I(SAL SURETY COMPANY, beef on July Z}, 1961:
"RESOI,\'I:D. Tha1 the signatures of ollifcrs of tlletC'unq)any ant nc~ seal of the ('onlpany nay be allixeJ by 1'acsim ile In any Power of Allomey execute) in accorJancc
w 1111 Article \'-1000011 h ell' IIIC ('lllllpally pylaw S: a11J IIIJI ally Slll'h Pll\\'l'f OI .41lOnley I)eanllg Slll'h fal'SIOIIIC S161tilUlCS. Illchldlllg IIIC I]CSlnllle Slgllalure Of a Cerllfylllg
.\ssislant Settetary and facsiwile vial shall be calif ant binJing uFwn the ('oulpany with respect In any bmlJ, undo Waking or contncl of suretyship to which it is anached."
:\II authority hereby coulinad shall rcnlaio in 1'uIF force ant ¢Ilcct until terminated by the Company. '
IN lV I'rN f_SS 1\'l1ERHOF. UNIVERSA I. SURETY ('O~IPANI' has cause) tha'se prcscur1 to be signet by iu Vice Presidcul ant iu curponte seal bl lx hercumo
allixeJ this _ 29Th Jay of March ,p p7
r~~ ~~~~
Sccrclary p)
Seale of Nebraska 1
Jtr ss.
O'UUniy of Lancaster
l1NIVERSAL SURETY COAIPANY
uvrovln~
+
~
Vice PrcsiJenl ~
~
xir
"~q•FC<.
On This 29th Jay of MBfCh .l) 07 , belim me personally came Curtis L. Ilanlcr, to me knu\vu, who being by me July
zwnm, JIJ Jquue ant say Thal lslhe resiJcs in the ('ounty ul Lancaster. Stale ul' Nebraska: Thal (s'Ibe is the V ice PresiJenl of the UNIVERSAL SURETY COII\IPANY, the
corporation JescriheJ in auJ a$ich execute) the above iuslrunlent: Ibat (slhe kllll\VS IIIC SCOT IJ'lI1C self plrpnrJll011: Thal 1110' SeJI ORIxc'J lU the Sald IIISImnlClll Is Sn0'h
a'nrpmralC Slat Ill:ll II \\'a5 51l alllxc'J I)y UfJCf 111 dIC Rnard Ol' DIrc4:InfS nlSald Ca1rllUlallnll; Jlal ISIIIC tilglll'd (blS) (II0'r) Ilamc` bV Ilke OnICr: slid Jlat 1}yIOW, ArtICIO' Y$ecmnll
n, adnpteJ by the poarJ o(Uirecwrs of said ('onq)any, relerred to in the preceding inswnwn, is now in tone
% '--` 1
'via ~~ (~~
Aly ('onunissiun Expires Pehnlary lo. '_t)I ll.
Notary Public
~- GENERAL NOTARY-State of Nebraska
TARA MARTIN
My Comm. Exp. Feb. 16, 2010
I, ('beryl A. pn)wu Assislam Secretary of UNIVERSAL SURETY ('O~II'ANl', Jo hereby ceni ly that the abmce ant 1'orcgoing is a Imo ant coned copy of a Power of
Auumey cseculnJ by sail UNIVERSAL SURETY CO~II'ANV, w'hidl is still in full force ant el7ccl.
Signet ant scalcrl at the Pity nl Lincoln. NebrJSka this _19 th Jay of July , ,p
1
/n UPI~f11•If~~
C.f ~t~`~ ~A ~- .lu t ~
!,_
AssistantSarclary ry~,i. ;a;d
~'T...:..a~.
III
EXHIBIT D -PAYMENT BOND
Bond No. 102609
McAnany Construction, Inc.. and the CITY OF RIVERSIDE, MISSOURI, have
2007, designated
entered into an Agreement dated Julv 17th
Ordinance No. 2007-77
as Principal, and
McAnan Construction, Inc.
universal Surety Comvany , as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Eive Hundred Thirteen Thousand Five Hundred
~gso11r1, lri the penal gum of Thirty Three Dollars an .40/100 ($513,533.40) lawful
money of the United States, conditioned that in the event Principal shall pay the prevailing
hourly rate of wages for each craft or type of worker required to execute the Work required by
the Contract Documents described in the Agreement in the locality as determined by the
Department of Labor and Industrial Relations of Missouri or by final Judicial determination
pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580,
inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all
amounts due for material, machinery, equipment and tools, consumed or used in connection with
the construction of such Work,and all insurance premiums, workers' compensation, and all other
kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full
force and effect, and the same may be sued on at the instance of any subcontractor, material
supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the
use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Work to be performed thereunder shall in any Ruse affect its obligation on
Agreement -Exhibit D
Page 1
this Bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Work.
McAnany Construction, Inc.
15320 Midland Drive.
'- -- KS 6h R~
PRINCIPA~j~2~~~~y~
By; /JJ~~
(Si a e)
Printed Name: ~~ £ ~ ~~ ~~ ~
Title: £-
Date:
Universal Surety Company
PO Box 80468
Lincoln NE 6850
SURE ~ ~ a
By:
(Signature)
PrintedName• 11Pnise A Tverann
Title: Attornev-In- act
Date: Jul 19 2007
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this
obligation.
Agreement -Exhibit D
Page-2
Jul, 19. 2007 1:24PM /;McANANY CONSTRUCTION iNo. 5060
~C, I irz~• u ,rte
.~~`~~ ° ~
~~~ ~
~A~ER I'pPARREN, INC,~
2005 Swift, North Kansas City, Missouri 64116
TcJepJione:816/221-5611 >?ax:816/221-6622
Issued: July 6, 2007
RE: 2007 Street and 5ldewaik Maintenance
Project Speciflcakions
Owner, City of Riverside
2950 NW V(vion Rd.
F2iverside, Mlssour164950
Bid Date ,July 10 2007
ADD1i1:NDY7M N0.2
P, 1~7
This Addendum is hereby macle a part of the Contract Documents to the same extent as
If It were originally included tht~rein. Receipt of this Addendum shall be acknowledged
on the Proposal Form.
Any SpeGflcationa Sectlons attached herein shall hereby be made a part of tha Contract
17ocumenta:
_ 'This Addendum.cansists of Faur (4) typed pages that Combine alt projects Into g single
ITEMIZED PROPOSAL. The Itemized proposals contained in the Agreement and in
Addendum No.1 shall be considered null and void. The Contractor shall attach
Addendum No. 2 to Exhibit E of the Agreement for submittal with their bid,
AROJEGT MANUAL
ITEM NO. Al ~,b~VISION 00,100 AGREEMENT. t;~IBIT E -ITEMIZED PROPO AL
A1.1 The itemized propose! 3hat1 also inGuda the following work
ITEM
1. Apache prive
2. Business Park Lane
DESCRIPTION QuanUUnit PRICE -J
"! ~/~ G 0
2" Vllll & Overlay Lump Sum 1
~r ~7/f,7~ ~~
2" Mill & Overlay Lump Sum 3 / °'"
~14e~llw>raniz/ Colx~~ J>I~
Ju1,19, 2001 1:24PM McANANY CONSTRUCTION
3. Business Park Lane Curt & Gutter Lump Sum
4. Business Park Lane Valley Gutter Lump sum
5. Cerrito Lane 2" MHI & Overlay Lump Sum
6.Oatewoods FuII-depth Patch Lump Sum
7, Van De Popufier 4" Ov®riey Lump Sum
e. Indian Lane 2" Mill & Overlay Lump gum
9.Osage Circle 2" Mill & Overlay Lump Sum
1t). Parkway Drive Z" Mili & Overlay Lump Sum
11. Parkway Drive Curt- ~ Oufter Lump Sum
12. Parkway Drive Valley Cutter Lump Sum
13. t3ower Drive ~ Pull Depth Patch Lump Sum
14. Strathbury Street Surface Patch Edge Lump Sum
15. Strathbury Street puA Depth Patch Cul-de•sac Lump Sum
16. Strethbury Street 2" lulilf 8~ Overlay Lump Sum
17. Argosy Parkway 2 "Nlfll & Overlay Lump Sum
18. Argosy Parkway' SldQwalk Replacement Lump Sum
19. Merrtmac Street Sidewalk Replacement Lump Sum
elilc, ~.
No, 5060 P, 2
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Jul. 19. 2001 1:24PM McANANY CONSTRUCTION No. 5060 P, 3
20. Valley Lane New SidewalK Lump Sum ~~
21.Oatewoods Curb Cut Lump Sum ~'~,v ~~
22. Gatewoods 2° ttidAl & Overlay Lump Sum ~ ~ 7U
~`~ `~`
23. Driveway See Note Below Lump Sum
Replacements
Sub-Total Bid ~~! 3~ ~ " ~''~
Required Non -P w~it--e--m.
Total Btd J~ 3, ~ ~D
Note - [7riveway Replacements
The Contractor shall perform tits following work;
1. R®rriovai and repladFmeet of existing asphalt paved driveways
Tits conlraotor shall remove the existing asphalt pavement of each driveway at each
address and legally dispose of all debris. The exposed sub-grade shall be re-
compacted in full compliance with all current APWA Speciftcatlons and Standards,
Division II, Section 2190,The contractor shall inatall 31X INCHES ((3") new APWA
Type 3-01 surface course pavement in full axordanCe with all current APWA
Specifications and Stg~ndards, Division II, Section 2200.
2. Driveway Locations
4958 High Drive Partial Replacement
4954 High Drive Partial Replacement
4948 High Drive Partial Replacement
4647 Hlgh Drive Partial Replacement
4944 Hlgh Drive Partial Replacement
4937 High Drive Partial Replacement
Mendenhall Perifal Replacement
4920 Hlgh Drive Ful Replacement
4908 High Drive Partial Replacement
4901 High Drive Paitiai Replacement
4900 High prive Pa~11a1 Replacement
4851 Hfgh Drive partial Replacement
4835 High Drive Pattiel Replacement
4810 High grive Paltlal Replacement
4800 High Drive Paitlal Replacement
4716 High Drive Partial Replacement
55
9
9T
55
113
33
21
130 (north drive only)
87
60
34
135
107
67
82
120
~,
Ju1.19. 2001 1:24PM McANANY CONSTRUCTION
alas High Drive
4704 High Drive
6109 High Drive Terr
5107 High Drive Terr
5010 Htgh Drive
3007 High Drive Terr
600$ Nigh brtve Terr
Partial Replacement 63
Rartial Replacement 67
Partial Replacement 50
Partial Replacement $$
Partial Replacement 22
Partial Replacement 136
Ful Replacem®nt 94
nDnlrlolaar. wo>;;x
No. 5060 P. 4
7'he fo4owtng table of ~alnet shall be Wed to tmend the eoatraat for 8ddit{oaal work or deducted crock sari
shall be bludiod for a period of 120 days after accepta-ace of contract.
Item
2" Milt Bc Overlay Qty.
i Unit
S.Y. l7nit Price
Slurry Seal
Curb & Getter 1
i S.Y.
y F.. .•-~--•
V~q
Surface katcb 1
1 L.F.
S.Y. Q
Full Depth Pate ~ 1 S,X.
~~
4 Overby
1
S.Y.
Sidewalk ltbpiacement 1 S.t~. tT~
BtdewaUc New I S~F,
~~ Cvnsm~c>bo~„
U
~'
. ,
i
1