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HomeMy WebLinkAboutR-2019-019 Doubled D dba Dale Brothers Quik Trip Demolition Agreement RESOLUTION NO. R-2019-019 A RESOLUTION AWARDING THE BID FOR QUIK TRIP DEMOLITION AND APPROVING THE AGREEMENT BETWEEN THE CITY AND DOUBLED D, INC. DBA DALE BROTHERS FOR SUCH PROJECT WHEREAS,the City issued a request for bids for the Quik Trip Demolition(Project No. 22- 066-000-53000) ("Project"); and WHEREAS, the City received six (6) responses to its request for bids and the base bid submitted by Doubled D, Inc. DBA Dale Brothers ("Dale Brothers") in the amount of$11,000.00 has been evaluated by the City and recommended as lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS: THAT the base bid of Dale Brothers for the Quik Trip Demolition in the amount of $11,000.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City and Dale Brothers, in substantially the same form as contained in the Project Manual for the Quik Trip Demolition and incorporated herein by this reference, is hereby approved and the Mayor is authorized to sign the agreement on behalf of the City; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on-site employees to complete, a ten(10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. Such training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty(20) days to produce such documentation; and FURTHER THAT the Mayor, City Administrator, and other appropriate City officials are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside Missouri the 19th day of March 2019. Ka een L. Rose, Mayor L: ATTE Robin Kin"cgidCii .. Clerk PROJECT MANUAL QUIK TRIP DEMOLITION PROJECT NO: 22-066-000-53000 The City of Riverside, Missouri February 6, 2019 TABLE OF CONTENTS DIVISION 0—BIDDING AND CONTRACT DOCUMENTS ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS BID FOR LUMP SUM BID FORM BID BOND EXPERIENCE QUESTIONAIRE WORK A UTHORIZA TION AFFIDAVIT AGREEMENT EXHIBIT A PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C RESERVED EXHIBIT D SCOPE OF WORK EXHIBIT E NOTICE TO PROCEED EXHIBIT F APPLICATION FOR PAYMENT FORM EXHIBIT G CHANGE ORDER FORM EXHIBIT H CERTIFICATE OF SUBSTANTW COMPLETION EXHIBIT I RESERVED EXHIBIT J CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT K SUBCONTRA TORAFFIDAVIT FOR FINAL PAYMENT EXHIBIT L ENGINEERICONSULT. CERT.for Acceptance &Final Payment EXHIBIT M REQ VEST FOR INFORMATION FORM DIVISION 1 —GENERAL REQUIREMENTS 01040 COORDINATION 01181 REQUEST FOR INFORMATION 01310 JOB SITE ADMINISTRATION 01320 DEMOLITION SCHEDULE 01567 POLLUTION CONTROL 01570 TEMPORARY TRAFFIC CONTROL 01732 DEMOLITION DIVISION 2—SITEWORK 02230 CLEARING AND GRUBBING 02300 EARTHWORK 02350 EROSIONAND SEDIMENT CONTROL DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS CITY OF RIVERSIDE, MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the QUIK TRIP DEMOLITION PROJECT (Project No. 22-066-000- 53000) will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri unti1.10:00 A.M., on Thursday,March 7, 2019, and then publicly opened and read aloud at Riverside City Hall. The Information for Bidders, Form of Bid, Agreement, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other Contract Documents may be examined at the office of the City Engineer at the above city hall address. Copies may also be obtained at the above city hall address. You can also view the Information for bidders and advertisement on the City of Riverside's website http://www.riversidemo.com/rfps. You can request a visit to the project site by contacting Travis Hoover at 816-372-9004. The City reserves the right to waive any informality or to reject any or all bids. Each bidder must deposit a bid security in the amount, form and subject to the conditions provided in the Information for Bidders. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. 4 CITY OF RIVERSIDE,MISSOURI INFORMATION FOR BIDDERS The City of Riverside, Missouri (the "City") invites sealed bids on the forms contained in the Bid Package and Contract Documents for the QUIK TRIP DEMOLITION PROJECT (Project No.22-066-000-53000) 1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 A.M., on Thursday, March 7,2019, at which time all sealed bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s) containing the bids must be sealed, clearly marked on the outside of the envelope "QUIK TRIP DEMOLITION(Project No.22-066-000-53000)"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 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. 2. You can request a visit to the project sites by contacting Travis Hoover at 816-372-9004. 3. 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. 4. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and accompanied by: (1)Qualifications of Bidder(Experience Questionnaire) (2)Affidavit of Work Authorization (3)Bid Bond (4)Bid Form All blank spaces for bid prices must be filled in, in ink or typewritten, and the foregoing Certifications must be fully completed and executed when submitted. 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. A complete set of the bidding documents are on file for examination at the office of the Capital Projects &Parks Manager at Riverside City Hall or on the City of Riverside's website http://www.riversidemo.com/rfps. A copy the bidding documents may be obtained from Riverside City Hall,Telephone 816-741-3993. CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS 5 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. 5. Addenda and Interpretations: No interpretation of the meaning to the specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to: City Engineer,City of Riverside: Travis Hoover-THOOVER@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 posted on the City of Riverside's website http://www.riversidemo.com/rfps, no later than three (3) calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted.All addenda so issued shall become part of the Contract Documents.Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has considered all written addenda. 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. 6. Substitute Material and Equipment: The contract, if awarded, will be on the basis of material and equipment described in the specifications without consideration of possible substitute of "or-equal" items. Whenever it is indicated 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". 7. Subcontracts: The bidder shall submit to the City with the Bid a list of all proposed sub-contractors to be used on the project. The list shall indicate those portions of the work each sub-contractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate which materials each supplier is furnishing. The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to manage or perform all of the Work required to be performed on the project.by Contractor under the Agreement. 8. 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 6 for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. At a minimum,each.Bidder must submit the following information with the Bid: Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification and good standing to do business in the State of Missouri or covenant to obtain such qualification prior to award of the contract. Key Personnel. Identify the following Key Personnel proposed for the Project. (NOTE: Key Personnel must be committed to the Project for its duration, and may not be removed or substituted without the City's prior written consent.) GC Project Manager On-Site Field Superintendent QC/QA Manager Safety Officer For each of the Key Personnel,provide the following background information: • Years of employment with current employer; • Other projects this person will be involved with concurrently with the project; • Provide professional registrations, education, certifications and credentials held by the person that are applicable to the Project. Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality Assurance/Quality Control Plan for this project • Describe key issues that might affect the Project schedule and how Bidder proposes to address them • Provide a statement regarding all work performed two (2)years immediately preceding the date of the Bid that contains either (a) any written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties were assessed against the Bidder or paid by the Bidder; or(b) a statement that there have been no such written notices of violations or such penalties assessed Statement of Assurances. Provide affirmation of the following items: • Statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments • Statement that the Bidder has not been rescinded or debarred from any bidding, contractual, procurement or other such programs by federal state or local entities. • Statement of Bidder's litigation and/or arbitration history over the past seven(7)years including final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved. • Statement of Bidder's bond history over the past seven (7) years including any incidences of failure to perform. • Provide sworn affidavits as outlined in the Information to Bidders' concerning Bidder's participation in the federal work authorization program. • Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City,bid pooling or strawbids. 7 9. Bid Securitv: Each bid must be accompanied by a bid bond payable to the City for five percent(5%) of the total amount of the bid. A certified check made payable to "The Treasurer of the City of Riverside" may be used in lieu of a bid bond. Attorneys-in-fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney. As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest responsible bidders. The bid bond of the remaining bidders will be retained by the City until the earlier of(a)the 91"day after the bid opening, or(b) execution and delivery of the Agreement together with all bonds, evidence of insurance, work authorization affidavit and other documents required under the Agreement by the bidder to whom Notice of Award is given. The Bid Security shall be forfeited to the City if the bidder to whom an award is made fails to enter into the required contract or fails to deliver the required performance or payment bonds. 10. Liquidated Damages for Failure.to Enter into Agreement: If the Bidder fails or refuses to execute the Agreement and deliver such additional documentation within ten (10) days of Notice of Award, any Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Bidders agree that this is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to honor its bid and that the liquidated damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for the Bidder's refusal to honor its bid. 11. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within 30 consecutive Calendar Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of$100.00 for each consecutive calendar day thereafter as hereinafter provided in the Agreement and Contract Documents. No time extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City. Bidder agrees that the sum of $100.00 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. 12. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the demolition of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 13. Laws and Regulations: The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over demolition of 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. 14. Method of Award - Lowest Responsible Bidder: If at the time this contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to finance the contract; the contract will be awarded to the "lowest responsible bidder". If such bid exceeds such amount, the City may reject all bids or may award the contract on such items as identified by and deemed in the best interest of the City, in its sole discretion, as produces a net amount which is within the available funds. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 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 8 and in any order or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award,the City may add any or all of the Alternates to the Agreement by Change Order. The City may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for portions of the work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the City. The City reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all nonconforming, non-responsive or conditional bids. In evaluating bids, the City shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. The City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the City's satisfaction. If the contract is to be awarded, it will be awarded to the lowest responsible bidder whose evaluation, in the sole determination by the City,indicates to the City that the award will be in the best interests of the project. 15. Obligation of Bidder: At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the specifications 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. 16. 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. 17. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States., Affirmative proof can be established through a Valid Drivers License; US Birth Certificate (certified with an embossed, stamped or raised seal issued by a state or local government. — hospital certificates are not acceptable); US Passport (valid or expired); US Certificate of Citizenship, Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a state or local government. 18. Safety Standards and Accident Prevention: With respect to all work performed under this contract, the Contractor shall: 9 a. Comply with the safety standards provisions of applicable laws, building and construction codes, and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Section 292.675,RSMo b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees)and property. c. Maintain at Contractor's office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctor's care of persons(including employees),who may be injured on the job site. d. Bidders are informed that the Project is subject to the requirements of Section 292.675,RSMo,which requires all contractors or subcontractors doing work.on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date of work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty(20)days to produce such documentation. 19. Reserved. 20. Reserved. 21. 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. 22. Transient Employers: Pursuant to RSMo 285.230, every transient employer (employer not domiciled in Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: 1) Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2) Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be liable for a penalty of$500.00 per day until such notices required by RSMo 285.230 et seq. are posted. 23. Current City Business License: The successful bidder, and all subcontractors, shall obtain a current city business license prior to beginning demolition. 24. 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 demolition of the Project. 25. Non Discrimination and Equal Opportunity: Contractor shall ensure that all employees are treated equally without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby notifies all bidders that socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority,women and disadvantaged contractors to submit bids. 10 26. Security for Payment and Faithful Performance: Simultaneously with delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and 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. 27. Signing of Agreement: When City gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten (10)days thereafter Contractor shall sign and deliver at least two(2)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. 11 BID FOR LUMP SUM To: City of Riverside,Missouri Project: OWK TRIP DEMOLITION PROM CT Project No. 22-066-000-53000' Date Proposal of `fin v 2oQ _v1 C. (hereinafter called "Bidder' a corporation/partnership/individual or other entity organized and existing under the laws of the State of 14C.v' RS a corporation/partnership or an individual doing business as a("o- czr"-o ��,eV S To the City of Riverside,Missouri(hereinafter called "City") To Whom It May Concern: The Bidder, in compliance with your invitation for bids for the demolition of the above referenced project having examined the specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the demolition of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents,within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written 'Notice of Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages,the sum of $ 1 U0.00 for each consecutive calendar day as provided in the Contract Documents. Bidder agrees that the sum of$I:00.00 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Bidder acknowledges receipt of the following addendum(s): 12 s Bidder agrees to perform all of the project work described in the scope of work,for the lump sum contained in the attached Bid for Lump Sum Pricing Attachment attached hereto. The total bid amount is: ($ The lump sum attached shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Changes shall be processed in accordance with Article VII of the Agreement. Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the Agreement. 0 The bid security attached in the sum of 7 ($ ) is to become the property of the City in the event the Agreement and all Contract Documents, including the Performance and Payment Bonds are not executed within the time above set forth,as liquidated damages for the delay and additional expense to the City caused thereby. THE UNDERSIGNED BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. Respectfully submitted: (SEAL-if bid is by a corporation) �. By I.J Title: e StI-,gaAo Street: PO 131 X l Z.S(Q City, State,Zip: 'iC a vi Sa S C:�.( � uo l Z Phone: I - 3-5q- (©Z S 13 m BID FORM BID FOR LUMP SUM (Pricing) CONTRACTOR: T V11 c J lJr- 6� l e QUIK TRIP DEMOLITION' ITEM BID ITEM EST. UNIT LUMP SUM NO. DESCRIPTION QTY. /J 1 Quik Trip—4510 1 LS NW Gateway tf' 14 BID BOND (Bid Security) KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Dale Brothers as PRINCIPAL and International Fidelity Insurance Company as SURETY, are held and firmly bound unto the City of Riverside, Missouri, ("City") in the sum of Five Percent of Amount Bid ($ 5% ) ("Bid Security"), for the payment of which sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, successors,and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has submitted a bid dated March 7 2019, to enter into a contract in writing for the Quik Trip Demolition(Proieet No.22-066-000-53000); NOW,THEREFORE, IF said Bid shall be rejected,or in the alternate, IF Principal shall not withdraw the bid within the period specified therein after the opening of bids,or, if no period be specified, within ninety (90)days after the bid opening, or in the alternate, IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly competed with all attachments and requirements pertaining thereto, and shall furnish a bond for the faithful performance of said contract, and for the payment of all persons performing Iabor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid within ten (10) days after such Contract Documents are presented to Principal for signature, or in the alternate, In the event of the withdrawal of the Bid within the period specified, or the failure to enter into such contract within the time specified, then the Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Principal and Surety agree that this is a fair and reasonable approximation of the actual damages incurred by the City for the Principal's failure to honor its bid and that the liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for the Principal's refusal to honor its bid. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. 1J IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as or corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year set forth herein. Dale Brothers PRINCIPAL - (Si vat Printed Name:.„_, o;, '� Title:_ e--5 Date: 3-5-- /7 i 1 hereby certify that surety is duly licensed to issue bonds in the State of Missouri and in the -jurisdiction in which the Project is located. International Fidelity Insurance Company SURETY (Signature) Printed Name: C.LaVonne Engeman I Title: Attorney-in-Fact Dater March 7,2019 I Surety Phone No.973-624-7200 SURETY POWER OF ATTORNEY MUST BE ATTACHED I ].6 i i POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center,20th Floor,Newark,New Jersey 07102-5207 PHONE:(973)624-7200 Bond# Rice Bond Principal Dale Brothers Obligee City of Riverside.Missouri KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office In the City of Newark,New Jersey,do hereby constitute and appoint C. LaVonne Engeman their true and lawful altomay(s)-in-fact to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such Instrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all Intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices, This Power of Attorney Is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July,2015: "RESOLVED,that(1)the Chief Executive Officer, President,Executive Vice President,Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of Indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof'or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original sear of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 4th day of May,2018 17Y� 'rl/ STATE OF NEW JERSEY �ayGpSUA�TYpO County of Essex 2 SEAL � 1936 Executive Vice President (International Fidelity Insurance Company)and fad Vice President (Allegheny Casualty Company) yRb JERS On this 4th day of May,2018 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly swam,said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY;that the seals affixed to said Instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companles. .400"'jI YIN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, GP-.Sip,R(j New Jersey the day and year first above written, NOTARY�°�; . Nom• ;•(v -., q . e,: o,�: Cathy'Cruz a Notary Public of New Jersey '•,�l` •-w.t&sa �cQ�• My Commission Expires April 16,2019 OF N .�' CERTIFICATION ],the undersigned offfcerof INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Aftomey and of idavii,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the.originals;on file In the home:of.said componles,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power ofAltorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 7th day of March,2019. OAR~ Maria H.Branco,Assistant Secretary EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID. Company Name: L s,k-11 e4 Primary Contact Name: ( oS �`e., Address:?6 Roy, 17 J 1-11 K G K S (fl G1 ( �� Phone: 131 ---� 33c4 IC)-7S- Fax: 0-75Fax: n Email Address: +50u d.Z kc.coves Federal ID Number: or SSN: Name of State in which incorporated: r y, S cZ Date of incorporation: Attach Certificate of Good Standing for State in which incorporated. If not incorporated in Missouri,also attach Certificate of Authority to do Business in Missouri. Name of the following officers: President: a �g`�2 r Vice-President:C_. i �o�rG( ��c Sy', Ira u y-5 Secretary: Treasurer: Date of Organization: Type of Partnership: General Limited Association 17 Names and addresses of all partners(use additional sheet if necessary): (Name) (Address) (City, State,Zip) (Name) (Address) (City, State,Zip) (Name) (Address) (City, State,Zip) 1. How many y s has your Company been in business as a contractor under your present business name? 2. List all other prior business names and locations under which you or any partner, principal or other officer of your company has ever done business: 3. How many years'experience in tl)j,proposed type and size of construction work has your Company had: (a)as a general contractor (b) as a subcontractor ? 4. List the three most recent projects your Company has completed similar in scope to the proposed work: , r J Project-Name or City. �t cyn e� V O l V ai 'ye,rC Ou"d Fu r I(. Contact Name[\J i LIC pie i sS IMs tG r -S, a u k Phone 913-'5`19 -I OLL D Contract Amount$ 2 SC> When Completed? 1- z2-e Description of Work (2 v-" G CL Ss!n-Cb O .5 d_ ` s,��J Lld/4 Project Name or City M m . It'-�vt S� 6 `,"� ' �Ga Contact Name Z�) y lU �J Phone le Contract Amount$ Li I-1(0 , �{O 1. 2 5 When Completed? Description of Work T,-�evno AucP, tav i unlai Seven-& Project Name or City 2 cc,�pS 1- v' r /,a w���� vim/ Contact Name Jo Srrn 6,p_U J Phone 7 S S-%14 S-3 Z F( Contract Amount$ 1'57-)00. 00 l When Completed' r e 5 5 Description of Work_L).Q V,)" p Li-2), C)Do Scg "SC k a 0 � � ck5f-,r C, 5. What other important projects has your Company completed? ProiectName or City RCLvvA, 3OLu r 0 SIS 5b C-) Contact Name 0':-, tz, SG 0 Phone Contract Amount$ /, O 0 0, 0 When Completed?—I" Description of Work evv) o ZO L6L Sc,_ , bC3w ����, Project Name or City SQr i vJ- L Q,-, v e nc e . !C S Contact NameCav so" C�i, 5 7�euc,�;c,;., y✓Z r_me W Phone 7-DesContract Amount$. 2-1, p 6(l), C,� G When Completed? -7- Description cription of Work e vy7 0 1 S-��,-�/ b o t d cb-g._ �- 19 Project Name or City Contact Name Phone Contract Amount$ When Completed? Description of Work 6. List at least two engineering firms with whom you have worked, and the name of the individual who was your primary point of contact: SC0 2ci-U('kn 7 (0 7. Have you ever failed to complete any work on a project or defaulted on a contract? If so,where and why?(attach additional pages if necessary) No 8. Name of your Surety Company, and the name and address of your agent you expect to use in the event this contract is awarded toyou: y) I ela-166 Lal:z e iMb✓vta5 100c (wee L ...e.. etzo yV1 alln 1-70o k-C VV7,0 6'wo 9. What is your present bonding capacity? ZQ. 00.O. 6 00, C 0 10. List each and every incidence of failure to perform that resulted in a claim under a Performance or Payment Bond: 20 11. The construction experience of the Key Personnel in your Company is required. At a minimum, information regarding experience and qualifications of the following positions must be provided: GC Project Manager, On-Site Field Superintendent, QC/QA Manager, Safety Officer. NAME_ to�nJ �nc� o�i Positiont,G� ecjt- V1�G vias,-erf Years of construction experience: Magnitude&Type of Work In What Capacity? 1V -0 C—� f VVI-- Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education,professional registrations, certifications and credentials held by individual applicable to the Project: NAME C ( l t kC V 1 ��.�r I Y1 Position f5�n Years of construction experience: Magnitude&Type of Work O In What Capacity?_d 2gzr o' V Years of Employment with Contractor: 10 Other projects this individual will be involved with concurrently with this project: Ly Education,professional registrations, certifications and credentials held by individual applicable to the Project: 21 12. List the major items of equipment which you own or which will be used on the project: Age in Quanti1y,Description,&Capacity Years Condition 13. List below the contracts to which your company, any principal in your company, or any prior companies owned by a principal in your company were a party during the previous seven(7)years that involved litigation of any type, arbitration, mechanics lien claim or other claim in an amount over$10, 0 (include pending cases with a notation that the matter is still unresolved): 14. On atypical project, what percent of the work is completed by your own forces? C?V% What percent by subcontract? %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract (1) Address State Zip Phone Number (2) Address State Zip Phone Number (3) Address state Zip Phone Number (4) Address State Zip Phone Number Address State Zip Phone Number 23 15. Is your Company current on paymen of Federal and State income tax withholdings and unemployment insurance payments? 1 If the answer is no,please provide detail: 16. Has your Company, or any principal in your company, been rescinded or debarred from any bidding-CJ idding- contractual, procurement or other such programs by federal, state or local entities? If the answer is yes,please provide detail: 17. Has your Company received any written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties were assessed against your Company or paid by your Company during the last two(2)years? AJ 0 If the answer is yes,please provide the detail of each and every such notice: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Experience Questionnaire and agrees to hold any such person, firm or corporation harmless for providing any such information to the City of Riverside. Dated on behalf of said Company this S'�_day of 1 ► r-c r c.. 20 l9`� By: / Title State of )Ss County of 16l-1(ZSy"n; ) being duly sworn,deposes and says that he or she is the P, of Company,that he/she has been authorized by such Company to complete the foregoing statement,and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn tome before this ti' day of `(��� ,20 My commission expires: ct�l y, ca \ gtary bli �. AMY R.KUPLIC 24 r" Notary Public,State of Kansas ' p't MyA poi tment Expires POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center,201h Floor,Newark,New Jersey 07102-5207 PHONE:(973)624-7200 Bond# Bid Bond Principal Dale Brothers Obligee City of Riverside.Missouri KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint C.LaVonne Engeman their true and lawful altomay(s)-in-fact to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of Indemnity and other wd ings obligatory In the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such Instrumenl(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all Intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney Is executed, and may be revoked, pursuant to and by aulhority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July,2015: "RESOLVED, that(1)the Chief Executive Officer, President,Executive Vice President,Vice President,or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attomey,and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizences, contracts of Indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution or any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original sear of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 4th day of May,2018 r�l-lTY fiy y�NSUALTy STATE OF NEW JERSEY ti Co County of Essex r� v SEAL '�936 }.• y 1904 4 �y�ERS y� George R.James #, ,� Executive Vice President (international Fidelity Insurance Company)and fN� Vice President (Allegheny Casualty Company) a�V JERg On this 4th day of May,2018 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly swom,said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY;that the seals affixed to said Instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .••``���� "'�''��. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Officief Seal,at the City of Newark, •�` PZKY sl ARG''•, New Jersey the day and year first above written. :0 NOTARY��A; ( '' .r r•� m. _ lJ 1���'� Cathy'Cruz a Notary Public or New Jersey '•'•,����1`OF E�� •.� CERTIFICATION My Commission Expires April 16,2019 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of.the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as sal forth in said Power of Attorney,with the originals on file in the home of said.companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect- IN TESTIMONY WHEREOF,I have hereunto set my hand this 7th day of March,2019. 404��, Maria H.Branco,Assistant Secretary i 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(IBCA),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 gCc S ) County of c oss: BEFORE ME, the undersigned notary, personally appeared -FFrU" V who, being duly sworn,states on his/her oath or affirmation 11 as follows: 1.My name is l o,n.fo��cst t L and I am currently the eS�tv ia.-4-o r of �rJu>71a tZ- the 46L. NgQ (hereinafter "Contractor"), whose business address is j)c5 t3'ox l.Z sit( K e r 9_S G& and I am authorized to make this Affidavit. 2.I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 3.Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: OUIK TRIP DEMOLITION(Proiect`No:22-066-000-53000). 4.Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5.Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in c Lection with the contracted services. Further,Affiant saith not. Si ature f ant' p � P ' ame: tU cttj��i C� Subscribed and sworn to before me this b--4Lh- day of lYA-�— 2019. rybl of XU— *PLEASE NOTE:Acceptable enrollment and participation documentation consists of the following 2 pages of the F 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. AMY R.KUPLIC Notary Public,state of,Kan$Aa pp My Ap ointment Expires, 25 STATE OF ][KANSAS OFFICE OF SECRETARY OF STATE SCOTT SCHWAB I, SCOTT SCHWAB, Secretary of State of the state of Kansas, do hereby certify, that according to the records of this office. Business Entity ID Number: 3886553 Entity Name: DOUBLED D, INC. Entity Type: DOM: FOR PROFIT CORPORATION State of Organization: KS Resident Agent: STEPHEN D. MCGIFFERT Registered Office: 11000 ICING, OVERLAND PARK, KS 66210 was filed in this office on January 18, 2006, and is in good standing, having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices of this entity. -L t�R Y 4 In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of February 28, 2019 r � SCOTT SCHWAB SECRETARY OF STATE Certificate ID: 1094486- To verify the validity of this certificate please visit Irttps://www.icansas.gov/bess/flow/validate and enter the certificate ID number. �`�-���,� - - - - --f:s- .. •,�:-r -&4 *-A �; ,� -,�� • ,�.-�a - f- - r 4 4� Xj l State of Missouri ' r' CME t Robin Carnahan Secretary of State CERTIFICATE OF AUTHORITY WHEREAS, K S DOUBLED D, INC. _ F01136613 . using in Missouri the name DOUBLED D,WC. i has complied with the General and Business Corporation Law which governs Foreign Corporations;by filing in the office of the Secretary of State of Missouri authenticated evidence ' of its incorporation and good standing under the Laws of the State of Kansas. NOW,THEREFORE,I,ROBIN CARNAHAN, Secretary of State of the State of Missouri,do hereby certify that said corporation is from this date duly authorized to transact business in this 4 State,and is entitled to all rights and privileges granted to Foreign Corporations under the 1 General and Business Corporation Law of Missouri. IN TESTIMONY WHEREOF,I hereunto set my hand and cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson,this 22nd day of April, 2011. H cift W UI Ij I u 4 D . =''- Secretary of State I P O Box 12541 Kansas City,Kansas 66112 Statement of Qualifications for Doubled D dba Dale Brothers Company History: Dale Brothers is a Kansas corporation formed January 18,2006 President: Clifford E. Dale Sr. Vice President and Secretary Clifford E. Dale Jr. Vice President and Treasurer Travis Lee Dale Licenses: Dale Brothers is licensed to do business in Kansas City, Kansas Business licensed first acquired 2006 We also hold business licenses in other counties and cities that require licenses. We hold trade licenses for demolition and construction in Johnson County, Kansas and Jackson County, Missouri. These trade licenses are recognized in most city and county jurisdictions in our four state region. Federal Employer ID: 20-4124875 Type of work performed with our equipment and workforce: • Demolition • Excavation • Construction Claims: • Dale Brothers has never failed to complete any work awarded to it. • Dale Brothers has no judgments, claims, arbitration proceedings or suits pending or outstanding against the company or its officers. • Dale Brothers has not filed any law suits or requested arbitration with regard to construction contracts within the last five years. • Within the last five years no officer or principal of Dale Brothers has been an officer or principal of another organization when it failed to complete a construction contract. Bank References: Bank of the Prairie Pat Case,Vice President 23600 College Blvd Olathe, KS 66061 (913) 971-1400 Surety: International Fidelity Insurance Company One Newark Center,20th Floor Newark, New Jerseyn07102-5207 Dale Brothers Ownership and Management Staff Clifford Dale Sr. Dale Sr.grew up here in Kansas City, Kansas, graduated from Turner High School and the joined the United State Army,where he was trained as a welder. When he returned home from his service, he worked for Darby Corporation,The Santa Fe Railroad,and Shock Transfer. In 1977, he became shop Manager at Pettibone, in Kansas City, Kansas. Pettibone builds rough terrain material handling equipment. In 1984, he purchased State Tractor and Equipment from the original owner and continued operating and expanding. Under his leadership, State Tractor and Equipment has grown steadily and expanded into other successful business. The Dale family now operates these successful and respected businesses: State Tractor and Equipment(equipment repair), State Tractor Trucking(heavy equipment hauling), Doubled D(construction and demolition),4101 Powell (land development). Clifford Dale Jr. Clifford Jr. graduated from Washington High School where he was a serious competitor at DECA Nationals in Marketing. All through school,he worked at State Tractor and Equipment as a Helper. After graduation, he began as a Field Service Mechanic and since 2000 he has managed the shop with total profit and loss responsibility. Clifford has been a principal driver in the expansion of the family business and insuring its success. Clifford has played an important role in providing the resources for the demolition and construction effort. Travis Dale Travis graduated from Washington High School, and won at the 1995 DECA Nationals in marketing. Travis was part of the Boy Scouts of America, Heart of America Council, and earned his Eagle Scout in 1994. He served as the youngest paid staff member ever hired for the Boy Scouts at Camp Naish, as a Scouting Skills Instructor. Travis joined his father and brother at State Tractor and Equipment in 1992. As the trucking part of the business grew, he soon took the roll of Trucking Manager. In 2006 the family started State Tractor Trucking and Doubled D. Travis has continued to grow these business by developing the staff and insuring high quality service. Travis is a licensed demolition supervisor in Missouri. Harold Dunn Dale Brothers purchased R.Vickers Trucking in 2006. Harold had been with Vickers since 1978 and was the Operations Manager at the time of the purchase. He supervised construction and demolition projects, met with customers and potential customers for sales and service,and Supervised the truck fleet and drivers, including scheduling,dispatch and maintenance. Harold also handled procurement and pricing of all.aggregate material for _ resale. Along with insuring the local trucking operations continued to run smoothly, Harold brought demolition, construction and aggregates to the table. Tom Irish Tom joined Dale Brothers in 2007. After a time in the Marine Corps he completed his education with a Masters of Business Administration and Bachelors of Science, Business Administration from the University of Kansas. He has been building things since 1980, including both residential, and commercial. Customers include Starbucks, The Kansas City Board of Trade, Scooter's Coffee House, Banks, Kansas Parks and Recreation, and most of the cities and counties in KC metro area. Tom is a licensed contractor and demolition supervisor in'Kansas and Missouri. Tony Spudic Tony joined Dale Brothers in 2018. He came from Alfred Benesch and Co. as a construction inspector. Prior to working for a consultant, he worked for the Unified Government for 8+years as a construction inspector. Construction projects he inspected included building walking trails, complete street rehabs, bridges,ADA sidewalk programs and storm sewer facilities. His daily duties included performing field construction observation for compliance and detailed documentation. Other tasks were to review applicable construction standards, regulations and contract requirements necessary for completion of assigned tasks, coordinating design and layout with applicable code requirements,assisting with design calculations, recording and organizing progress files, design alterations and project statuses. Statement of Qualifications for Doubled D dba Dale Brothers Project List Current Projects Project Value Completion Bowling Alley 50,000 April 2018 KCMO School Demolition 177,000 April 2018 Sprint Retail, Lawrence 16,000 May 2018 Prairie Village Park 217,000 June 2018 McDonalds 6,500 May 2018 Recently Completed Projects Project Value Completion DeSoto Water Treatment Plant 35,000 March 2018 Demolition of buildings on the Olathe City Hall Campus 130,000 March 2018 Office Buildings in Bonner Springs 45,000 December 2018 Kansas City, MO YMCA 48,000 November 2018 Markey Park, Belton, MO 62,000 October 2018 Sutherlands, North Kansas City 125,000 September 2018 Other Projects Project Value Completion Homeland Security Boat Ramp 110,000 September 2017 Lovewell Park Roadways 54,000 April 2017 Statement of Qualifications for Doubled D dba Dale Brothers Customer References: Jeff Blakeman Sr. Build Design Project Manager City of Olathe, Kansas 100 E Santa Fe St Olathe, KS; 66061-3409 (913)971-9047 Project: Demolition of buildings on the Olathe City Hall Campus Chrystal Doss,City Clerk City of North Kansas City, MO 2010 Howell St North Kansas City, MO 64116 Phone 816-274-6000 Project: Demolition of Sutherlands Buildings and Parking Bob Caulfield O A Olsen Engineering 1802 E. 123rd Street Olathe, KS 66061 Phone: 913.915.1594 Project: Demolition of Sutherlands Buildings and Parking Project: Capitol Federal Building Demolition, Mission, KS Thomas J. Lindsay Monticello Drainage District 24375 West 63rd Street, Shawnee, KS 66226 (913)441-1557 Project: Drainage District Flood Protection Drain Joe Venneman, Construction Projects Supervisor Johnson County,Kansas 1800 West 56 Highway Olathe, KS 66061 913.715.2453 Project:Renovation of 215th Street Michael Massey Advanced Environmental Testing and Abatement, Inc. 16511 Cornerstone Drive Belton, MO 64012 (816)892-2200 Project:A variety of demolition and abatement projects Max Shafto Carlson General Contractors P.O. Box 3098 Independence, MO 64055 816 9185214 Projects:Several McDonalds renovation projects Statement of Qualifications for Doubled D dba Dale Brothers AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Doubled D, Inc. DBA Dale Brothers FOR COMPLETION OF OUIK TRIP DEMOLITION Project No. 22-066-000-53000 ORDINANCE /RESOLUTION NO.: 2019-019 CONTRACT PRICE: $11,000.00 26 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR QUIK TRIP DEMOLITION Project No: 22-066-000-53000 114 �/► THIS AGREEMENT, made and entered into as of the day of 1 ' IA-1 , 2019,by and between the City of Riverside, Missouri("City"), and Doubled D, Inc. DBA Dale Brothers ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. 2019-019, duly approved on the 19th day of March, 2019 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") 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 yZ Z— As 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. `Engineer"The following Consulting Engineer to the City of Riverside, Missouri: N/A. E. "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. 27 F. "Project Manager"OR"City Engineer"The following Project Manager OR City Engineer employed by the City of Riverside to manage the project on behalf of the City: Travis Hoover - THOOVERgriversidemo.com G. "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. H. "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. I. "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 D(Scope of Work)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. J. "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 City Engineer shall act as the City's representative during the demolition period, shall decide questions which may arise as the quality and acceptability of materials furnished and work performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. The City Engineer may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The City Engineer 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 City Engineer will not be responsible for the construction means, controls, techniques,. sequences, procedures or construction safety. 28 D. Contractor may be furnished additional instructions and detail drawings by the City Engineer, 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. The parties acknowledge that this is a lump sum project. The lump sum amount shall include, but not be limited to, all costs, permit fees, profit, overhead, supervision, labor, materials, equipment, taxes, permits, utilities, insurance, bunds, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." The Contractor shall deliver to the City a complete functioning finished product,usable for the purpose intended for all demolition areas described in the scope of work for the Contract Amount stated herein. B. 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 lump sum Contract Amount of eleven 4-hoosanA <moA r'O hoo dollars ($ i , 000.o o �. C. Contractor's lump sum bid shall include unit pricing on specified project quantities. Such unit pricing shall only be used for the purpose of calculating any amounts due to Contractor. 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 30 calendar days after the date set forth in the Notice to Proceed for commencement of performance of Work. The Contractor will proceed with the work at such rate of progress to insure Substantial completion within the contract time. It is expressly understood and agreed, 29 by and between the Contractor and the City, that the contract time to achieve Substantial Completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all the Work as set forth in the Contract Documents,Contractor shall pay City$100.00 per day,as liquidated damages and not as a penalty, for each calendar day after such date, until Substantial Completion of all the Work is achieved. Contractor agrees that the sum of $100.00 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Contractor's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by or the City for such delays. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically,but without limitation, City may exercise any of its default or termination rights under this Agreement under all circumstances described herein, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to unforeseen causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the public enemy, acts of the City, acts of another Contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather provide the Contractor has given written notice of such delay to the City within five (5) days of the event causing such delay. D. 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 demolition 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. 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. DEMOLITION SCHEDULE. 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 demolition 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 VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract. F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the project site in the number,type, and stage as enumerated below: 30 1.Pre-Demolition photos -minimum of 20 ground level digital shots with date of capture imprinted on the photo 2. Demolition photos of significant changes-minimum of 20 ground level digital shots with date of capture imprinted on the photo 3. Post Demolition photos - minimum of 20 ground level digital shots with date of capture imprinted on the photo G. 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. H. 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 I. SPECIFICATIONS. The intent of the 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. Any discrepancies found between the specifications and site conditions or any inconsistencies or ambiguities in the specifications shall be immediately reported to the City Engineer 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. J. SHOP DRAWINGS. Contractor shall submit to City Engineer 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 demolition 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.City Engineer. 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 City Engineer'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 City Engineer 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 Engineer's review does not relieve Contractor from responsibility for defective work resulting from 31 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 City Engineer. K. 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 City Engineer. Materials, supplies or equipment to be incorporated into the work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the demolition 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 City Engineer timely notice of readiness. The Contractor will then furnish the City Engineer the required certificates of inspection, testing approval. Inspections, tests or approvals by the City Engineer or others shall not relieve the Contractor from the obligation to perform the work in accordance with the requirements of the Contract Documents. The City Engineer and the City's representatives 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 City Engineer it must, if requested by the City Engineer, be uncovered for the City Engineer's observation and replaced at the Contractor's expense. If the City Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the City Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the City Engineer may require,that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all work rejected by the City Engineer for failure to comply with the contract documents,whether incorporated in the demolition 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 32 the expense of the Contractor. N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the specifications by reference 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. O. LANDS &,RIGHT OF WAY. Prior to issuance of Notice to Proceed,the City shall obtain all lands and rights-of-way necessary for the carrying out and completion of Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in writing. The City shall provide to Contractor information which delineates and describes the lands owned and right of way acquired. P. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work as shown in the Contract Documents. From the information provided by the City, unless otherwise specified in the Contract Documents,the Contractor shall develop and make all detail surveys needed for demolition such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. 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. Q. 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 demolition 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 33 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. R. 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 demolition. 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. INFORMATION FOR BIDDERS 2. BID FOR LUMP SUM 3. BID FORM 4. BID BOND 5. EXPERIENCE QUESTIONNAIRE 6. AFFIDAVIT OF WORK AUTHORIZATION 7. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 8. PERFORMANCE BOND 9. PAYMENT BOND 10. SCOPE OF WORK 11. NOTICE TO PROCEED 12. APPLICATION FOR PAYMENT FORM 13. CHANGE ORDER FORM 14. CERTIFICATE FOR SUBSTANTIAL COMPLETION 15. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 16. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 17. ENGINEER/CONSULTANT CERTIFICATE for Acceptance & Final Payment 18. REQUEST FOR INFORMATION FORM 34 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. 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 City Engineer. 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 the approval of City Engineer and Administrator. City Engineer shall review each application for payment and certify for payment such amounts as City Engineer determines are due Contractor.From the total amount certified,City shall withhold five percent (5%) as retainage until final completion and acceptance of the Work. The five percent(5%)retainage may be reduced by Change Order if final completion and acceptance of the Work is delayed due to unforseen circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved, the remaining retainage shall be an amount equal to or greater than 200% of the estimated amount necessary to complete the Work. D. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for 35 Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. E. Neither Administrator or City Engineer'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 Engineer issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit L. City, within thirty (30) days after the delivery of Engineer'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. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall,at the request of City,furnish satisfactory evidence that all obligations to subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work 36 have been paid, discharged or waived. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Contract. ARTICLE VII CHANGES/CLAIMS A. City,without invalidating this Agreement,may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition,deletion,or other change without a written order.No oral direction or order shall constitute authority for Contractor to proceed with any addition,deletion,or other change.If Contractor undertakes any addition,deletion,or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price, 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, by a unit price 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. 37 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 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 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 $2,000,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations 38 • 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$2,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY-This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason,may not fall within the provisions of a workers' compensation law.The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident$1,000,000.00 • Bodily injury by disease$500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "A-" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and 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. The insurance provided to the additional insureds shall apply, without limitation,to injury or damage caused by work included in the products/completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than one (1)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, 39 aircraft and vehicles; riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph,except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each Subcontractor,or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven (7) days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1)the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of$500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY 40 A. To the fullest extent permitted by law, 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 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. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor,to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly,by or on behalf of Contractor to or for the benefit of any officer,employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. 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. C. No official of the City who is authorized in such capacity and on behalf of the City to 41 negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the demolition of the project, shall become directly or indirectly interested personally in this contract or in any part hereof.No officer, employee, architect, attorney, engineer, or inspector of or for the owner who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the demolition of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 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. 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 City: For Contractor: City Engineer,Travis Hoover Estimator, Tony Spudic City of Riverside, MO Doubled D, Inc. DBA Dale Brothers 2950 NW Vivion PO Box 12541 Riverside, MO 64150 Kansas City, KS 66112 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 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. 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. 42 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, 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 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 43 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 City Engineer and Administrator, then the Contractor may after ten(10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of(1)defective work not remedied, (2)claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material or labor,(4)a reasonable doubt that the Work can be completed for the balance then unpaid,(5)damages to another contractor, or(6)performance of work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary,City may,at any time,for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience.City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper,the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply 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. 44 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 LABOR STANDARDS PROVISIONS A. RESERVED. B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent(5%)as measured by the'United States Bureau of Labor Statistics) only Missouri labors(persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor(as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16)years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Agreement. 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.The Contractor will take affirmative action to ensure that 45 applicants and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion,or transfer;recruitment, or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE XIX SUBCONTRACTS,ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors, and of person either directly or indirectly employed by them,as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this contract shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work,and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. 46 B. The City may perform additional work related to the project or the City may let other contracts containing provisions similar to these.The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. 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 demolition 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 47 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. The Performance Bond shall remain in full force and effect through the warranty period.Neither final payment,Engineer'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 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 demolition 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 demolition materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the demolition 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 demolition. 48 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. Pursuant to Section 292.675 RSMo, 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 which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty(60)days after the date work on the project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and 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. 49 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 PERFORMANCE AND PAYMENT BONDS The Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount at least equal to one hundred percent(100%)of the contract price, conditioned upon the performance by the Contractor all undertakings,covenants,terms,conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the work is to be performed and named on the current list of"Surety Companies Acceptable on Federal Bonds"as published in the Treasury Department Circular Number 570 and shall have a rating of at least "A-" from Best's. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten(10)days after notice from the City to do so, substitute an acceptable bond(or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bond shall be paid by the Contractor. No further payment shall be deemed due nor shall payment be made to Contractor until the new surety or sureties shall have furnished an acceptable bond to the City. 50 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 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 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. 51 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] 52 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY. By: Attorney, &G4 Q 04 COUNTERSIGNED BY: ll^ CITY PURCHASING AGENT. TBr* n Kor , CityAd 'nistrat rRIVERSIDE: By. Ap. Kath een L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk = CONTRACTOR: Dale Brothers By: Tows I'l-1A (Signature) Tom Irish Project Manager ATTEST: Not applicable SECRETARY, (Name Printed) 53 Bond No. 0649451 PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT between the CITY OF RIVERSIDE and CONTRACTOR, for QUIK TRIP DEMOLITION (22-066- 000-53000), dated April 5th , 2019, designated Resolution No. 2019-019, in every particular, Doubled D, Inc. DBA Dale Brothers, as Principal, and International Fidelity Insurance Company ,as Surety, hereby firmly bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, unto the City of Riverside, Missouri, ("City") in the total aggregate penal sum of eleven thousand dollars ($11,000.00) lawful money of the United States, by these presents: THE CONDITION OF THIS OBLIGATION is such 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 duties, obligations, covenants, and conditions pursuant to the terms of the Contract Documents during the original term thereof, and any extensions thereof which may be granted by the City, including, without limitation, all warranty obligations and duties and if the Principal shall satisfy all claims and demands incurred under such Agreement,and shall fully indemnify and hold harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City for all outlay and expense which the City may incur in making good any default,then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, 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 or the specifications accompanying the same 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 or to the specifications. PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the Agreement price more than twenty percent(20%), so as to bind the Principal and the Surety to the full and faithful performance of the Agreement as so amended.The term"Amendment", wherever used in this bond,and whether referring to this bond or the Agreement, shall include any alteration, addition, extension, or modification of any character whatsoever. 54 The Performance Bond above is accepted by the City this 5th day of April , 2019. Doublep D Inc. dba Dale Brothers CONT ACTOR AS PRINCI L By (Signature) Printed Name: My m,o 5 G -TR1S y- Title: Azv-76 rf� VY�ava�s2r� I hereby certify that (1) I have authority to execute this document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies: as published in Circular 570 (most current revision)by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. International Fidelity Insurance Company International Fidelity Insurance Company SURET� One Newark Center, 20th Floor By: Newark, NJ 07102-5207 (Signature) Phone No. 973-624-7200 Printed Name: C. LaVonne Engeman _ Title: Attorney-in-Fact Note: • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT. • If Contractor is a partnership, all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED 55 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center,20th Floor,Newark,New Jersey 07102-5207 PHONE:(973)624-7200 Bond# 0649451 Principal Doubled D Inc. dba Dale Brothers Obligee City of Riverside. Missouri KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint C. LaVonne Engeman their true and lawful attomey(s}in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July,2015 'RESOLVED,that(1)the Chief Executive Officer, President, Executive Vice President,Vice President,or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed.' IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 5th day of April,2019 �\�talt>rly�G ycpsUAlc 0 STATE OF NEW JERSEY a'�3' o� o�SEAL l`" M County of Essex �9�� o /„ 1936 I!y/ .Kenneth Chapman Nt1v0Ea5� Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 5th day of April,2019 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly swom,said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. i, IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, .�...�G��'. New Jersey the day and year first above written. %0 ;EpS�.�` Shirelle A.Outley a Notary Public of New Jersey My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked"and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 5th day.of April;2019- VER1 712017 e-POA-Single Principal-obligee Irene Martins,Assistant Secretary Bond No. 0649451 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that Doubled D, Inc. DBA Dale Brothers, hereinafter called Principal, and International Fidelity Insurance Company , hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI ("City"), and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the Agreement and Contract Documents more fully described below and to their successors and assigns in the total aggregate penal sum of eleven thousand dollars ($11,000.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS,the Principal entered into a certain Agreement with the City, dated the 5th day of April , 2019, for the QUIK TRIP DEMOLITION (22-066-000-53000) approved by Resolution No. 2019-019; NOW,THEREFORE, in the event Principal shall timely pay to the proper parties all amounts due for material, machinery, equipment and tools, consumed or used in connection with the demolition 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 wise 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. The Payment Bond above is accepted by the City this 5th day of April ,2019. 56 Doubled D Inc. dba Dale Brothers CONT CTOR AS PRINCIRAL By M _� (Signature) Printed Name: `I i4 o m h S kg) Title: pTe,Tc;ca! m akmzG�e A— I hereby certify that (1) I have authority to execute this document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies: as published in Circular 570 (most current revision) by the Financial Management Service, Surety Bond Branch, U.S.Department of the Treasury;and(4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. International Fidelity Insurance Company International Fidelity Insurance Company SURETY One Newark Center, 20th Floor By: CLQ Newark, NJ 07102-5207 (Signature) Phone No. 973-624-7200 Printed Name: C. LaVonne Engeman Title: Attorney-in-Fact Note: • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT • If Contractor is a partnership, all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED 57 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center,201h Floor,Newark,New Jersey 07102-5207 PHONE:(973)624-7200 Bond# 0649451 Principal Doubled D Inc. dba Dale Brothers Obligee City of Riverside. Missouri KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint C. LaVonne Engeman their true and lawful attomey(s}in-fact to execute,seal and deliver for and on its behalf as surety, any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attomey is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July,2015 "RESOLVED,that(1)the Chief Executive Officer, President, Executive Vice President,Vice President,or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 5th day of April,2019 ylyse cpSUALTyc �a STATE OF NEW JERSEYo ' v�co SEAL l� m County of Essex yZ tsoa�, o / 1936 Kenneth Chapman Nt1NJEk5� Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 5th day of April,2019 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ., IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, ......... G�''. New Jersey the day and year first above written. �yF b ?u" OYA9pt''v �.G� ',e�'*4 JEFtsg'%%% Shirelle A.Outley a Notary Public of New Jersey "IfI1110` My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and.the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this. 5th day of April,2019' VER1 7/2017 e-POA-Single_Principal-Obligee Irene Martins,Assistant Secretary EXHIBIT C RESERVED 58 EXHIBIT D SCOPE OF WORK for QUIK TRIP DEMOLITION(Project No.22-066-000-53000) Contractor shall perform the following Work as more fully set forth in the Contract Documents: All work necessary for the demolition of the following building: Quik Trip Building at 4510 NW Gateway Contractor to provide all necessary equipment, labor, and material necessary to perform the Project demolition and related work as shown in the Contract Documents. The Work includes,but is not limited to, the following: 1. Demolition of building structure 2. Demolition & Removal of building foundation 3. Removal and capping of on-site utility connections 4. Removal of all debris 5. Grading and Seeding of all disturbed areas 6. Schedule and Coordinate all necessary inspections. 7. Contractor shall coordinate with all utilities prior to the work starting, including contacting underground locator services, ensuring that all power has been disconnected. 8. Include all temporary utility fees and permits. 9. Provide digital photographs of the predemolition, demolition, and post demolition site (see Article IV Progress of Work/ Submittals (F) for specifics) 10.Provide clean up associated with the contractors work. 11.Provide all traffic control as required throughout the demolition process. 12.Provide temporary construction fencing around site. 59 EXHIBIT E CITY OF ww�RIVERSI MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: May 9, 2019 PROJECT: QUIK TRIP DEMOLITION PROJECT NO.: 22-066-000-53000 ORDINANCE/RESOLUTION: 2019-019 (approved March 19, 2019) TO: Contractor: Doubled D, Inc. DBA Dale Brothers (address) PO Box 12541 Kansas City, KS 66112 You are hereby notified to commence work on or after the 91h day of May, 2019 in accordance with the Agreement dated May 7th, 2019. The work shall be substantially completed within 30 Calendar Days. The date of substantial completion is June 8, 2019. The project shall be completed and ready for final payment by June 12,2019. CITY OF RIVERSIDE (Owner) BY: rian or , Citydmin strator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Title) this the day of , 20 60 EXHIBIT E CITY OF - 'ERS MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: May 9, 2019 PROJECT: QUIK TRIP DEMOLITION PROJECT NO.: 22-066-000-53000 ORDINANCE/RESOLUTION:2019-019(approved March 19,2019) TO: Contractor: Doubled D,Inc. DBA Dale Brothers (address) PO Box 12541 Kansas City,KS 66112 You are hereby notified to commence work on or after the 9d'day of May, 2019 in accordance with the Agreement dated May 7h,2019. The work shall be substantially completed within 30 Calendar Days. The date of substantial completion is June 8,2019. The project shall be completed and ready for final payment by June 12,2019. CITY OF RIVERSIDE (Owner) BY: rian in Kor , City dmstrator Receipt of the above TICE TO PRUCEED is hereby acknowledged BY: �y(Title) this the ` Y' day of �`x , 20 /ri . 60 EXHIBIT F APPLICATION FOR PAYMENT Continuation Sheet for Application for Payment (Contact City Engineer Travis Hoover with the City of Riverside for an electronic version thoover(i0iversidemo.com or by calling 816-372-9004) are PAYMP1t!1II1 S1W. =•v=d, e2ldord. IB�36•E®5[aiZD Y a3rmf ectlo®eS - IfEu d®SQta Gac S - Ta9'}aoffidmfamieLtldbwrxL�rEa� s au�.a�m.am�mst - ams.dCec�e.ge.S - �.i+e�.of�W.amaz..�y*us®.aucorr s a.omr,e•�P�s.t-rr.�L - A -V1mdSt e08fsatSm®4n S - mrflaam:S - Vm'h•dCns.MdrnGmns-�glffi� S =►sRwflse6•mrry}c S - Ca Rwm®G;a•Ys S - �m®�.ese�ce S - aaaomxrmargcm.s�au.uaao z - D��w�-crnror�-sarerad<q® »uo<weormc�aaxz aror:�� e:��amtre�a .e..amrr.e. ee� �.o�e.m.we�ta.-ter a� m mm�a,.mee.s�c�c•� rma.nr�at - - eors,e.rm�anm�frue•arxa�ar ooffimg•omvmemn.eram aarnronrrrnrvrr�r4om..:s3v �P'�� yea .r�t+�.mta`U=.rc�rrkam�naeprmw =Ai�rk�7+L�exdGlliuW+rna � - 'ma� rrr®®a.rnaram=gmsrcmn e.e.eren�ar=.ns�Wxp�=z trr aramvnsan�a.+e..radne.arra.uaa�eavwncreae�.ee�gea:feaaasm- wm.o�asor;+.muamooiar n damtidm p:,.ved�a�Zsuw[f�t�m its a�1®&pasem�;� nca+tar�[=arcunps:nemeaaap - er.rvsawmv�a--��- EXHIBIT G CHANGE ORDER (Contact City Engineer Travis Hoover with the City of Riverside for an electronic version thoover60iversidemo.com or by calling 816-372-9004) CITY OF CHANGEORDER.NO. PaYeM�.. ief_ RIVERS M; ouai Contractor Name: Rojectl7ame: . 'ProjeetNw�: . CcnhadWta: The fagrn g changes to the original contract amauntwem required to cover cost ineucred by the - PmLD=t xc Rivverside.Masoud Conractw w to mffect savings ma imd by the"Comractnrad a residt of a change in the acsfai -n truOadct afit ies from the esfima:ed quan�fies shown on the Bid Proposal. C.m= - Cartctw. Ceotradw- Line t�-No. P—ims" Prerias Pr.&- REQUR®QVMES B7 PRESEUrPmliRACT Qurttv Una Pdw. Amami . Un'¢ ttemOew;6cn BReasm fiu�.nge t7ider(Piease desx�ea�irMbnanddren5�lavvxh reas�n'.arChEsge Order) hWr" Nen" Nwer tlF sfed.t+l,C42)UMm Ste Ccndba 3)met incorporatedh V-5%pm Adpntetl .'`"ld AQxsted "0.0 SOHO Q-4v Una Rae "Ainaici! 30.00 SOLO . suo0 - .3040.. Mm .30m SOLO S"3 Reviaz Ta=l 3000 50.00 Adhst.dTxE SOLO- Sbhvrent afCantraG ��� �-aO . on�v carmaaAmwm sam NgArnattatPr vias AddEas ad Ddu* Sm NxCW WAm=M PwtoTh-s Request Sam Atmm4 afThis Regesi S nu Nm CerNarYArcewd .50.00 P&.Kd Charge in CmtractAmcuid rAN.W. DESIGN ENGINEER: CITY,OF RIVERSIDE;MISSOURI: cul-V Trow Fdoover tare Fn'ne2 City Ad g tr . S4�A - - Gmg Ws ..g.3 DEB MM CONTRACTOR: ON-SITEPROJECT,MANAGER: CONTRACTOR'S Certification for Change Odder. ON-SITE PROJECT MANAGER Ce"ka idn foi.Chande Order: iIL�Ic.Wro COM�AC70RCeJte6II@�'dm,4m fiamofftmeuiM tre Cm=0oaLinP-,:L mtSte&wva:"6.and' aEaCiri'_3 aDa.2 aE eexcBS)'6'tarefRxffe CONTFACTORtf: Ced=oorryrisvgJtlts.eFLargeotder,Creons�pajeCmamgrt reNf%. FmLeeewmeTeasmct'feoa:taG mans,omtn,.tne mthe Oraw-fhatm tare hesiaf tldiz an-siNFojectmaiugefs IupWedg:. iraaes sa`C atuueEemr>xtw^n resped bRtefeM irrNrrr�on arrdLe'e!Cs atiove m°erered'durgesaieis=cesstiry h ardcifi xCrrPaie]in�*Ct5 cNn4' poc+edw h the e:eadon oars omcod ddaareTs,ard dcatre-L-- statedabwreaeconedv RrreepecctoU-workmbcl)ateduMarttnds g—G--n. DmPaRK Ccmmrrr Name Fm*x 9-RmLd �Te? est Dom. Dae: 62 CITY OF Z!�/ER�SI - Issoul EXHIBIT H Certificate of Substantial Completion to be completed after substantial com letion of theproject) Project Name:QUIK TRIP DEMOLITION Project#: 22-066-000-53000 Owner of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities L_Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: 63 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer (Print& Si Date Acce ed Contractor int n Date 40 k cs /Todyed' Accepted by Owner (Print& Sign) Date 64 EXHIBIT I Reserved 65 EXHIBIT J CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) OUIK TRIP DEMOLITION Project No.22-066-000-53000 STATE OF ) SS: COUNTY OF ) The Undersigned, of lawful age, being first duly sworn, states under oath as follows: 1. I am the of who is the general CONTRACTOR on the above referenced project. 2. All payrolls,material bills,use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied,as required by the Contract. 3. (❑) Prevailing wage does not apply;or (❑) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Project, regardless of tier,affirming compliance with the prevailing wage law as stipulated in the Contract. 4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside, Missouri,the certification of completion of the Project and receiving payment therefore. CONTRACTOR By Title On this day of 20_ before me appeared to me personally known to be the of and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of as its free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public 66 iFF i i EXHIBIT J CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) � I OUIK TRIP DEMOLITION Project No.22-066-000-53000 STATE OF Kansas ) SS: COUNTY OF Johnson ) The Undersigned, Tony Spudic of lawful age, being first duly sworn, states under oath as follows: 1. I am the Project Estimator of Doubled D, Inc. dba Dale Brothers who is the general CONTRACTOR on the above referenced project. 2. All payrolls,material bills,use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied,as required by the Contract. 3. (N) Prevailing wage does not apply;or (❑) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Project,regardless of tier,affirming compliance with the prevailing wage law as stipulated in the Contract. i 4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside, Missouri,the certification of completion of the Project and receiving payment therefore. CONTRACTO By Title Prp'ec ator On this 7 day of June 2019 before me appeared Tony Spudic to me personally known to be the Project Estimator of Doubled D, Inc.dba Dale Brothers and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of Doubled D, Inc.dba Dale Brothers as its free act and deed. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my o ficial seal on the day and year first above written. My commission expires:January 4,2021 Notary Pu li 66 AMY R.KUPLIC Notary Public,State of Kansas My Appointment Expires ' EXHIBIT K SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) QUIK TRIP DEMOLITION Project No.22-066-000-53000 STATE OF ) SS: COUNTY OF ) After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that: 1. I am the duly authorized officer of the business indicated below (hereinafter Subcontractor)and I make this affidavit on behalf of Subcontractor in accordance with the requirements set forth in Section 290.290, RSMo. Subcontractor has completed all of the Work required under the terms and conditions of a subcontract as follows: Subcontract with: ,Contractor Work Performed: Total Dollar Amount of Subcontract and all Change Orders:$ Business Entity Type: Subcontractor's Legal Name and Address )Missouri Corporation (Foreign Corporation )Fictitious Name Corporation )Sole Proprietor (Limited Liability Company Phone No. (__)Partnership Fax: )Joint Venture E:mail: (__)Other(Specify) Federal ID No. I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Print Name) (Title) (Date) NOTARY Subscribed and sworn to before me this day of 120 . My Commission Expires: (Signature) 67 EXHIBIT L ENGINEER/CONSULTANT CERTIFICATION For Acceptance and Final Payment (to be completed at conclusion of project) City of Riverside,Missouri Project Name: QUIK TRIP DEMOLITION Project No: 22-066-000-53000 Contractor: City Engineer: Contract Date: Date of Completion and Acceptance: The Contractor has notified me that he has completed all work in accordance with the Contract Documents and that it is functioning properly. I hereby certify that a final inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge; the work has been completed in accordance with the specifications and is functioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment,manuals, and other documents that are applicable to this project from the Contractor and have delivered them to the City. The City is now responsible for the security, operation, safety, maintenance, and insurance as applicable to the project. The Contractor will warranty all specified work for a period of one (1)year(or a longer period if governed by Missouri Statutes) from this date of completion. Notification has been given to the proper Government agencies that the work is completed. I recommend, under the provision of the Contract Documents that the Work be accepted and that final payment be made. Executed by the Engineer on this day of 120 Signature: (SEAL) Typed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. Kathleen L Rose, Mayor Date: (SEAL) Attest: Robin Kincaid, City Clerk 68 EXHIBIT L ENGINEER/CONSULTANT CERTIFICATION For Acceptance and Final Payment (to be completed at conclusion of project) City of Riverside,Missouri Project Name: QUIK TRIP DEMOLITION Project No: 22-066-000-53000 Contractor: Dale g r l h e-c-s City Engineer: Tray,; Ab V" Contract Date: —I Pq Date of Completion and Acceptance: S 3d The Contractor has notified me that he has completed all work in accordance with the Contract Documents and that it is functioning properly. I hereby certify that a final inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge; the work has been completed in accordance with the specifications and is functioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment, manuals, and other documents that are applicable to this project from the Contractor and have delivered them to the City. The City is now responsible for the security, operation, safety, maintenance, and insurance as applicable to the project. The Contractor will warranty all specified work for a period of one (1)year(or a longer period if governed by Missouri Statutes) from this date of completion. Notification has been given to the proper Government agencies that the work is completed. I recommend, under the provision of the Contract Documents that the Work be accepted and that final payment be made. Executed by the Engineer on this 3 6ti day of 2 ,20 Jai . Signature: Z/-/A liv (SEAL) Typed Name: T/bi"V,"r lylooy.-r The work described above accepted by(hV consultant is hereby,ac owledged and final payment.authorized. 9 K hleen L Rose, Mayor Date: Attest: Robin Kincdid, City Clerk 68 EXHIBIT M REQUEST FOR INFORMATION FORM (Use only after contract awarded. To be completed by City Engineer) City of Riverside,MO RFI No. Contract for: PROJECT Project No: Contractor or Bidder: City Engineer: THIS REQUEST BY: cc to: (Name of Bidder or Contractor's Representative) REFERENCE: DIVISION SECTION PLAN SHEET NO. REQUEST: ATTACHMENTS: RESPONSE BY: Date: (Name of the City Engineer) RESPONSE: ATTACHMENTS: SPECIAL NOTE (AFTER AWARD OF CONTRACTI: IF THE CONTRACTOR BELIEVES THIS INTERPRETATION OR CLARIFICATION JUSTIFIES AN INCREASE IN CONTRACT PRICE OR CONTRACT TMM,THE CONTRACTOR SHALL NOTIFY THE CITY ENGINEER IN WRITING BEFORE PROCEEDING WITH THE WORK INVOLVED. FURTHER, IF THE CONTRACTOR IS AUTHORIZED BY THE CITY ENGINEER TO PROCEED WITH THE WORK INVOLVED BEFORE FULL AGREEMENT IS REACHED ON WHETHER ANY INCREASES ARE DUE AT ALL, OR IF ANY DETERMINED TO BE DUE, ON THE EXTENT OF ANY SUCH INCREASES,THE CONTRACTOR SHALL FURNISH TO THE CITY ENGINEER ACTUAL COST RECORDS ON A DAILY BASIS. 69 DIVISION 1 - GENERAL REQUIREMENTS 70 01040 COORDINATION: A. All demolition activities shall be coordinated with all utility owners and the City of Riverside. Contractor shall be responsible for notifying all utility owners with facilities within the project limits prior to demolition so the utilities can be located and identified. B. All demolition activities shall be coordinated with adjacent property owners affected by demolition of the project to assure access to their properties. Driveways to adjacent properties shall be accessible at the end of each working day. C. The Contractor will be responsible for notifying the City Engineer in writing of the dates when demolition will begin and end. The City Engineer will notify the fire, and police departments, and the local newspapers. D. The Contractor shall be responsible for obtaining all necessary permits, and paying for any and all inspection and permit fees as required by the City. E. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of installation of demolition elements. F. In the event certain parts of work are assigned to subcontractors,the Contractor shall be responsible to ensure each subcontractor completes work and that all interfaces between trades are properly addressed. All subcontractors shall also coordinate their work with the Owner through the Contractor. G. The Contractor is solely responsible for all Assignments of Work among subcontractors. H. The Contractor shall be responsible for assigning and coordinating work and ensuring that suppliers and installers are familiar with all requirements in Contract Documents relating to each item of work, regardless of location of information in Contract Documents. 01181 REQUEST FOR INFORMATION All questions about the meaning or intent of the Contract Documents shall be submitted to the City in writing. A. All questions about the meaning or intent of the Bid Documents or Contract Documents shall be submitted to the City Engineer, Travis Hoover, in writing. Replies will be issued by addenda mailed, faxed or delivered to all parties recorded by the City Engineer, Travis Hoover, as having received the bidding documents. B. A blank Request for Information (RFI) form is attached as Exhibit M. This RFI form shall be completed by the Contractor and submitted to the City addressed to Travis Hoover by thoovergriversidemo.com. The form shall be used prior to the bid date, after the contract has been awarded and also for the entire duration of demolition. After the bid opening, all RFI's will need to be submitted to the City of Riverside (Travis Hoover). 71 C. Questions received less than five (5) working days prior to the bid opening will not be answered. Prior to the bid opening, RFI No's. will be issued as they are received. All RFI's received at least five (5) working days prior to the bid opening will be answered by written addendum no later than three (3)working days prior to the bid opening. D. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 01310 JOB SITE ADMINISTRATION: A. The Contractor, or a duly authorized representative to act for him, shall continually be present at the site of the work, whenever demolition activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, his duly authorized representative(s) at the predemolition meeting. The duly authorized representative(s) will be the official liaison between the Owner and Contractor regarding the signing of pay estimates, change orders, workday reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Owner shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 01320 DEMOLITION SCHEDULE: A. General: The Contractor shall prepare and maintain a demolition schedule for the duration of the project. B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the Owner for review at the pre-demolition meeting. The baseline demolition schedule shall be in a form approved by the Owner and shall include at least the following information for each significant work item during each phase of the project: 1. Beginning date of Project. 2. Ending date of Project. 3. Beginning Date of Each Phase. 4. Completion Date of Each Phase. The Owner will review the proposed progress schedule, and may require the Contractor to revise the same if, in the Owner's judgment, revisions are required to provide for completion of the project within the Contract Time. C. Schedule Updates: In addition to submitting a baseline project schedule, the Contractor shall update the project schedule prior to each monthly demolition progress meeting. The updated schedule shall show the original baseline schedule, the actual work progress and the estimated completion of each significant work item for each phase of the project. The updated schedule shall be distributed to the City at each progress meeting. D. Payment: No direct payment shall be made. 72 01567 POLLUTION CONTROL No open burning will be permitted. See Section 02350 for erosion and sediment control, Section 02820 for seeding/sodding. Contractor is responsible for maintaining and updating site specific Stormwater Pollution Prevention Plan. 01570 TEMPORARY TRAFFIC CONTROL A. General: Temporary traffic control on this project shall be done in accordance with Section 616 and all referenced sections of the Missouri Standard Specifications for Highway Construction (current edition) as published by the Missouri Highways and Transportation Commission. This section shall cover all temporary traffic control devices as detailed on the plans or as directed by the Owner in charge of demolition. B. Temporary Traffic Control Devices: All temporary traffic control devices shall be in conformance with "Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD)," Current Edition and its latest revisions. 01732 DEMOLITION A. General: This item includes, but is not limited to, the removal and disposal of landscaping items, signs, fences, pipes, existing storm sewers, end sections and appurtenances, and all other items designated for removal in the plans or as directed by the Project Manager. All items that are inside the demolition limits, including those not listed or shown on the plans, shall be included in this item. Demolition shall be done in accordance with Section 2101 of the APWA Standard Specifications. 1. Sawcut Existing Pavement Full Depth: Where portions of the existing pavement are to be removed, the existing pavement shall be cut with a concrete saw to full depth. If the remaining pavement is chipped or cracked during sawing and removal, it shall be re- sawed behind the limits of the chip or crack. No additional payment will be made for the replacement of pavement damaged during demolition other than that shown on the plans. This is considered subsidiary to the bid item "Clearing and Grubbing." B. Workmanship: All removals, except for suitably sized broken pavement, shall be properly discarded off the project limits and shall not be re-used or used as an embankment material within the project limits. C. Payment: No direct payment shall be made for demolition. This item shall be considered subsidiary to the bid item "Clearing and Grubbing". 73 DIVISION 2 - SITEWORK 74 02230 CLEARING AND GRUBBING A. General: Clearing and grubbing shall be done in accordance with Section 2101 of the APWA Standard Specifications. B. Payment: No direct payment will be made. 02300 EARTHWORK A. General: Grading shall be in accordance with Section 2100 of the APWA Standard Specifications. Subgrade preparation shall be in accordance with Section 2201 of the APWA Standard Specifications, except as otherwise specified herein. a. Embankment: Embankment shall include the placing and compacting of all materials necessary to construct the improvements as shown on the plans. i. Upon completion of stripping, but prior to placing new fill, the exposed grade in fill areas shall be broken up by plowing or scarifying to a minimum depth of 6 inches and recompacted as specified. All embankment fill shall be compacted to a density of at least ninety-five percent (95%) of the maximum density for material used as determined by ASTM Designation D-698. The top one-foot of embankment as well as the embankment surrounding utilities shall contain no rock larger than 3 inches. ii. The area in the plans designated as "compacted fill" shall be graded and compacted to 95% maximum density to the elevation of two feet above the top of pipe prior to excavating for the pipe installation. b. Over-excavation and Placement of Backfill: At the direction of the Owner, excavation of unsuitable subgrade material and placement of suitable fill material may be employed. Overexcavation and placement of backfill will include the removal of all unsuitable material beyond the excavation limits as shown on the plans, placement of backfill material and compaction of backfill per the above listed Embankment specifications. B. Payment: No direct payment will be made. 02350 EROSION AND SEDIMENT CONTROL A. General: Erosion and sediment control shall be in accordance with APWA Standard Specifications Section 2150. 1. The Contractor is responsible for providing sufficient control of sediment and erosion to prevent migration of sediment off the demolition site throughout the duration of the project. 2. All sediment escaping the project site and entering the downstream ditches shall be removed immediately at the expense of the Contractor. If the existing vegetation is damaged by the sediment, or by the removal of the sediment, it shall be replaced with like vegetation at the expense of the Contractor. B. Payment: No direct payment will be made. 75 A� ® CERTIFICATE OF LIABILITY INSURANCE DAT4/1012DIYYYY) O 4!10/2019 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(ies)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 endorsement(s). PRODUCER CONTANAME CT Jen Pellegrino Thomas McGee, L.C. PHONE FAX P.O. Box 419013 A/c No Ext:816-842-4800 AIC'No):816-472-5018 Kansas City MO 64105 a DRE DSS: ipellegrino@thomasmcgee.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:RSUI Indemnity,Co 22314 INSURED DOUBL-2 INSURER B:James River Insurance CO 12203 Doubled D Inc. Dale Brothers INsuRERc:American Interstate Ins.Co. 31895 P O Box 12541 INSURER D:Arch Insurance Com an * 11150 Kansas City KS 66112 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1798200427 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRPOLICTYPE OF INSURANCE 1=JM POLICY NUMBER MM/DDY/YYYY MMIPOLDDI EXP LTR LIMITS 8 X COMMERCIAL GENERAL LIABILITY Y Y 00685683 10/1/2018 10/1/2019 EACH OCCURRENCE $1,000,000 F_V7 DA AGE ToREN CLAIMS-MADE OCCUR PREMISES Ea occurrence $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE - $4,000,000 POLICY ff]PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILEIJABILITY Y Y FBCAT0403601 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT $1,000,000 Es acddent X ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per axident A UMBRELLA LIAB X OCCUR Y Y NHAO84282 10/1/2018 10/1/2019 EACH OCCURRENCE $6,000,000 X EXCESS LIAS CLAIMS-MADE AGGREGATE $6,000,000 f DED RETENTION$ $ C WORKERS COMPENSATION AVWCKS2737892018 10/1!2018 10/1/2019 X STATUTE ETH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVEEl NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/M EMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:Quik Trip Demolition#22-066-000-53000. City of Riverside,MO is included as additional insured when required by written contract.Waiver of subrogation applies when required by written contract and as allowed by law.30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Riverside, MO 2950 NVJ Vivion AUTHORIZED REPRESENTATIVE Riverside MO 64150 .4e-P, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00068568-3 COMMERCIAL GENERAL LIABILITY CG:2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations As required by written contract or written agreement exe- cuted prior to any claim or"suit". Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include-as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage "personal personal and advertising injury "property damage" occurring after: caused, in whole or in part,by: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: 00068568-3 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organ izations : tions As required by written contract or written agreement executed prior to any claim or"suit". J Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by"your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the"products-completed operations hazard". CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 ❑