HomeMy WebLinkAbout1674 Award 2019 Mattox & 39th Water Main Extension (Project 618-227) to Beemer Construction Co. BILL NO. 2019-037 ORDINANCE NO.
AN ORDINANCE APPROVING THE AWARD OF THE 2019 MATTOX& 39TH WATER MAIN
EXTENSION (PROJECT 618-227) TO BEEMER CONSTRUCTION CO., INC. AND
AUTHORIZING A PROJECT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF
RIVERSIDE, MISSOURI,AND BEEMER CONSTRUCTION CO., INC. IN THE AMOUNT OF
$265,087.00.
WHEREAS, the City previously determined the need for certain infrastructure work necessary to
accommodate the doorLink Manufacturing, Inc. ("doorLink') industrial warehousing and
distribution facility, as well as other future projects, to be located adjacent to the doorLink site;
and
WHEREAS, the 2019 Mattox and 39th Water Main Extension fulfills a public purpose and will
further the growth of the City, facilitate the development of the entire Horizons site, improve the
environment of the City, foster increased economic activity within the City, increase employment
opportunities within the City, and otherwise be in the best interests of the City by furthering the
health, safety and welfare of its residents and taxpayers; and
WHEREAS, the City previously approved the 2019 Mattox and 39th Water Main Extension
specifications through the passage and approval of Ordinance No. 1663 ("Project No. 618-227")
which also authorized the City Staff to seek competitive bids on Project No. 618-227; and
WHEREAS, the City, pursuant to City Code, invited sealed bids for the construction of Project
No. 618-227, and a complete set of the bidding documents ("Project Manual"), which include the
specifications on file for examination at the office of the City Engineer at Riverside City Hall; and
WHEREAS, after evaluation and analysis of the submitted bids, City Staff is recommending that
a contract be entered into in substantially the same form as Exhibit A of this Ordinance, which is
available for examination in the office of the Riverside City Clerk and is by reference incorporated
herein, with Beemer Construction Co., Inc., for the installation and construction of Project No.
618-227 (the "Project Agreement"), upon satisfaction of the conditions precedent contained within
the Project Manual and Project Agreement; and
WHEREAS, the estimated cost and low bid of such installation and construction is Two Hundred
Sixty-Five Thousand Eighty-Seven Dollars and No Cents ($265,087.00); and
WHEREAS, the Board of Aldermen, upon satisfaction of certain conditions as set out below, find
it is in the best interest of the City in order to further the objectives of industrial and economic
development of the City, and Project No. 618-227 specifically, to approve the Project Agreement
in substantially the same form as set forth in Exhibit A
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1. BEST INTEREST OF THE CITY. It is in the best interest of the City in order to
further the objectives of industrial and economic development of the City to APPROVE the Project
Agreement in substantially the same form as set forth 'in Exhibit A attached hereto and
incorporated herein, and said Project Agreement is hereby approved and authorized for execution
by the Mayor in the amount of Two Hundred.Sixty-Five Thousand Eighty-Seven Dollars and No
Cents ($265,087.00), with final costs thereunder (for change orders and other modifications and
contingencies) not to exceed Two Hundred Ninety-One Thousand Five Hundred Ninety-Five
Dollars and 70 Cents ($291,595.70) (i.e. allowing a variance of 10% of the contract amount),with
the issuance of the Notice to Proceed authorized to be approved by the City Administrator upon
written confirmation by Special Counsel to the City of satisfaction of the conditions precedent set
forth in the Project Manual and Project Agreement.
SECTION 2. CONSTRUCTION SAFETY PROGRAM. Project No. 618-227 is subject to the
requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing
work on Project No. 618-227 to provide a ten-hour Occupational Safety and Health Administration
(OSHA) construction safety program for their on-site employees which includes a course in
construction safety and health approved by OSHA or a similar program approved by the
department which is at least as stringent as an approved OSHA program, unless such employees
have previously completed the required program. All employees who have not previously
completed the program are required to complete the program within sixty (60) days of beginning
work on such construction project. Any employee found on a work site subject to this section
without documentation of the successful completion of the course required under this section shall
be afforded twenty (20) days to produce such documentation before being subject to removal
from the project. Beemer Construction Co., Inc:, shall forfeit as a penalty to the City the sum of
Two Thousand Five Hundred Dollars ($2,500.00), plus One Hundred Dollars ($100.00) for each
employee employed by Beemer Construction Co., Inc. or its subcontractors,for each calendar
day, or portion thereof, such employee is employed without the required training.
SECTION 3. PREVAILING WAGE. Project No. 618-227 is subject to the requirements of Section
290.250 RSMo, which requires the payment of prevailing wage. The City, in Exhibit C of the
Project Agreement, has specified the prevailing, hourly rate of wages for each type of workman
needed to complete Project No. 618-227 and also the general prevailing rate for legal holiday and
overtime work.
SECTION 4.AUTHORITY TO EXECUTE.The City and the officers, agents and employees of the
City, including the Mayor, the City Administrator, Special Counsel to the City, and Finance Director
and other appropriate City officials are hereby authorized to execute the Project Agreement in
substantially the same form as set forth in Exhibit A and to take any and all actions as may be
deemed necessary or convenient to carry out the terms and conditions of the Project Agreement
and comply with this Ordinance, and the City Clerk is authorized to attest thereto upon satisfaction
of the above conditions precedent as confirmed by the Special Counsel to the City.
SECTION 5.SEVERABILITY CLAUSE.The provisions of this ordinance are severable and if any
provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall
not affect the validity of the remainder of this ordinance.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon and after
its passage and approval.
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BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City
of Riverside, Missouri, this 6th day of August, 2019.
A
Kat een L. Rose, May r
FRobin Kincaid,{CityClerk
Approved as to form:
Sp ncer F ne LLP,
Sp 'a Counsel to the City
by Joseph P. Bednar
WA 13366180.3
EXHIBIT A
PROJECT AGREEMENT
(see attached)
WA13366180.3
AGREEMENT
BETWEEN
CITY OF RIVERSIDE, MISSOURI AND
Contractor: Beemer Construction Co., Inc.
FOR
COMPLETION OF
2019 MATTOX & 39TH WATER MAIN EXTENSION
Project No. 618-227
ORDINANCE / RESOLUTION NO.:
CONTRACT PRICE: $265,087.00
1
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
2019 MATTOX& 39TH WATER MAIN EXTENSION
Project No: 618-227
THIS AGREEMENT, made and entered into as of the&day of August, 2019, by and between
the City of Riverside,Missouri ("City"), and Beemer Construction Co., Inc. ("Contractor"), shall govern
all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No. , duly approved on the 6th day
of August, 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
DEFINITIONS
As used in this Agreement and the other Contract Documents, the following words and phrases
shall have the respective meanings set forth below. Any capitalized terms used but not defined in this
Agreement shall have the meanings given to such terms in the other Contract Documents.
A. "Administrator" has the meaning set forth in the recitals of this Agreement.
B. "Application for Payment" has the meaning set forth in Article VI, Paragraph A of this
Agreement.
C. "City"has the meaning set forth in the preamble of this Agreement.
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D. "Change Order" means a change to the Project, which has been approved in accordance
with the terms of this Agreement, specifically including, without limitation, the requirements set forth
in Article VII of this Agreement.
E. "Contract Amount"has the meaning set forth in Article 111,Paragraph A of this Agreement.
F. "Contract Documents" has the meaning set forth in Article V, Paragraph A of this
Agreement.
G. "Contractor"has the meaning set forth in the preamble of this Agreement.
H. "Design Engineer" means the following Design Engineer to the City of Riverside,
Missouri: Renaissance Infrastructure Consulting, Don Hovey; dhovey_gric-consult.com.
1. "Notice to Proceed"has the meaning set forth in Article IV,Paragraph A of this Agreement.
J. "Project" means the building, facility, and/or other improvements for which Contractor is
to provide Work under this Agreement. The Project may also include construction by City or others.
K. "Resident Project Representative" means the following employee of the City of Riverside
who shall manage the Project on behalf of the City: Travis Hoover -thoovergriversidemo.com 816-
372-9004.
L. "Subcontractor"means a person, firm or corporation supplying labor and materials or only
labor for the Work for, and under separate contract or agreement with, the Contractor.
M. "Substantial Completion" means 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.
N. "Work"or"Work on the Project"means 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 E (Scope of Work) and Exhibit F (Technical Specifications) 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.
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,
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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 Resident Project Representative shall act as the City's representative during the
construction period, shall decide questions which may arise as the quality and acceptability of materials
furnished and Work performed, and shall interpret the intent of the Contract Documents in a fair and
unbiased manner. The Resident Project Representative may recommend, but cannot approve Change
Orders resulting in an increase in time of performance or payments due to Contractor. The Resident
Project Representative 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 Resident Project
Representative will not be responsible for the construction means, controls, techniques, sequences,
procedures or construction safety.
D. Contractor may be furnished additional instructions and detail drawings by the Resident
Project Representative, 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, and the
Contractor shall carry out the Work in accordance with the additional detail drawings and instructions.
ARTICLE III
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents and
complies fully with each and every obligation of Contractor under the Contract Documents, City shall
pay Contractor the sum of Two Hundred Sixty-Five Thousand Eighty-Seven Dollars ($265,087.00).
This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of
every kind related to the Work, and shall be referred to as the "Contract Amount."
B. The Contract Amount is subject to final determination of Work performed at unit prices set
forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of unit price Work set
forth in Contractor's Bid for Unit Price Contracts are estimates only, are not guaranteed, and are solely
for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated
elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of
unit price Work performed will be made by City and (2) final payment for all unit price items set forth
in Contractor's Bid for Unit Price Contracts will be based on actual quantities as determined by City.
The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the
Project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of
ten percent (10%) of the amount set forth in Contractor's Bid for Unit Price Contracts IN ADVANCE
of performing the Work. Any increase in quantities of materials or Work performed as a result of over-
excavation by Contractor will not be compensated.
C. Payment of the Contract Amount shall be full compensation for all labor, services,
materials,supplies,tools,equipment, supervision,management,and anything else necessary to complete
the respective items in place, in full compliance with all requirements set forth in the Contract
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Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind
related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools,
equipment, supervision, management, or anything else required by the Contract Documents for the
proper and successful completion of the Work shall be paid for outside of or in addition to the Contract
Amount. The Work set forth in the Contract Amount shall be itemized in Contractor's Bid for Unit Price
Contracts. All Work not specifically set forth in Contractor's Bid for Unit Price Contracts as a separate
pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses,
taxes and compensation of every kind in connection therewith are included in the Contract Amount set
forth in Contractor's Bid for Unit Price Contracts.
D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT
SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK
BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT
SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE
RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN
AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK,NOR BE ENTITLED TO,
PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO
PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY
ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY
AGREES TO PAY UNDER THIS AGREEMENT.
ARTICLE IV
PROGRESS OF WORK/SUBMITTALS
A. COMMENCEMENT OF WORK. The date of beginning and the time for completion of the
Work are essential conditions of the Contract Documents. Contractor shall commence performance of
the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to
Contractor.
B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined
in Article I hereof,no later than 9/15/2019 or 30 Calendar Days from Notice to Proceed. The Contractor
will proceed with the Work at such rate of progress to ensure Substantial Completion within the contract
time. It is expressly understood and agreed,by and between the Contractor and the City,that the contract
time to achieve Substantial Completion of the Work described herein is a reasonable time, taking into
consideration the average climatic and economic conditions and other factors prevailing in the locality
of the Work.No extensions will be granted, except in case of unusual (unseasonable)weather conditions
or additional work requested by the City under Change Order. Following Substantial Completion,
Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather
conditions or any other conditions affecting completion of the Work.
C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all
the Work as set forth in the Contract Documents,Contractor shall pay City$500.00 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 $500.00 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 the City for such
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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 provided that 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
construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of
inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays,
holidays,or days of inclement weather. 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. CONSTRUCTION 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
construction schedule that specifies the dates on which Contractor plans to begin and complete various
parts of the Work, including dates on which information and approvals are required from City. Upon
City's written approval of the schedule, Contractor shall comply with it unless directed by City to do
otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate
intervals if required by the conditions of the Work and the Project. With each Application for Payment
under Article 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
Documents.
F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the Project site
in the number, type, and stage as enumerated below:
1. Pre-Construction photos - minimum of 15 ground level digital shots
2. Construction photos of significant changes - minimum of 15 ground level digital shots
3. Post Construction photos - minimum of 15 ground level digital shots
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
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notice to the Contractor which shall fix the date on which Work shall be resumed. The Contractor will
resume the 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. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is
that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for
the proper execution of the Work in accordance with the Contract Documents and all incidental Work
necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the
City. In case of conflict between the drawings and specification, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings. Any discrepancies found between the
drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or
specifications shall be immediately reported to the Resident Project Representative 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 Resident Project Representative for review
all shop drawings, samples, product data, and similar submittals required by the Contract Documents.
Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract
Documents. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and
approved the shop drawings and that they are in conformance with the requirements of the Contract
Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the
construction schedule and in such time and sequence so as not to delay performance of the Work.
Portions of the Work requiring a shop drawing or sample submission shall not begin until the shop
drawing or submission has been reviewed by the Resident Project Representative. 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 Resident Project
Representative'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 Resident Project Representative 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. Resident Project Representative's
review does not relieve Contractor from responsibility for defective Work resulting from errors or
omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall
be kept in good order by the Contractor at the site and shall be available to the Resident Project
Representative.
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
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the Contractor and approved by the Resident Project Representative. Materials, supplies or equipment
to be incorporated into the Work shall not be purchased by the Contractor or by any Subcontractor subject
to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is
retained by the seller.
L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in
the construction of the Project shall be subject to adequate inspection and testing in accordance with
generally accepted standards, as required and defined in the Contract Documents. The Contractor shall
provide at the Contractor's expense the testing and inspection services required by the Contract
Documents. The City shall provide all inspection and testing services not required by the Contract
Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any Work to specifically be inspected, tested or approved by
someone other than the Contractor, the Contractor will give the Resident Project Representative timely
notice of readiness. The Contractor will then furnish the Resident Project Representative the required
certificates of inspection, testing approval. Inspections, tests or approvals by the Resident Project
Representative or others shall not relieve the Contractor from the obligation to perform the Work in
accordance with the requirements of the Contract Documents. The Resident Project Representative 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 Resident Project Representative it must,
if requested by the Resident Project Representative, be uncovered for the Resident Project
Representative's observation and replaced at the Contractor's expense. If the Resident Project
Representative considers it necessary or advisable that covered Work be inspected or tested by others,
the Contractor, at the Resident Project Representative's request,will uncover, expose or otherwise make
available for observation, inspection or testing as the Resident Project Representative 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 Project site all
Work rejected by the Resident Project Representative for failure to comply with the Contract Documents,
whether incorporated in the construction or not,and the Contractor shall promptly replace and re-execute the
Work in accordance with the Contract Documents and without expense to the City and shall bear the expense
of making good all work of other contractors destroyed or damaged by such removal or replacement. All
removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take
action to remove such rejected Work within ten(10)days after receipt of written notice,the City may remove
such Work and store the materials at the expense of the Contractor.
N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on
the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood
that this is referenced for the purpose of defining the performance or other salient requirements and that
other products of equal capacitates, quality and function shall be considered. The Contractor may
recommend the substitution of material, article or piece of equipment of equal substance and function
for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in
the opinion of the City, such material, article or piece of equipment is of equal substance function to that
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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. The Contractor shall provide at its own expense and without liability
to the City any additional land and access thereto that the Contractor may desire for temporary
construction facilities, or for storage of materials.
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 construction 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, before bidding the Project, has the
responsibility to become familiar with the Project site and the conditions under which Work will have
to be performed during the construction period. Excavating for foundations of surface structure:
buildings, bridges, tanks, towers, retaining walls and other types of surface structures. The Contractor
shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by
written notice of subsurface or latent physical conditions at the site differing materially from those
indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown
physical conditions at the site of unusual nature, differing materially from those ordinarily encountered
and generally recognized as inherent in work of the character provided for in the Contract Documents at
the location of the Project. The City shall investigate the conditions,and if it is found that such conditions
do so materially differ and cause an increase or decrease in the cost of, or in the time required for,
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performance of the Work, the Contract Documents may be modified by Change Order as provided in
Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the
required written notice has been given; provided that the City may, if the City determines the facts so
justify consider and adjust any such claims asserted before the date of the final payment. Excavating for
below-surface structures: water mains, sewers, power and telephone cables and other types of below
surface structures. No extra compensation will be paid for rock excavation or varying geologic features
encountered on the Project, unless so shown as a Bid for Unit Price Contracts. If man-made hazards are
encountered by the Contractor, excluding utilities, which are not visible from the surface, such as buried
concrete foundations, buried garbage dumps that cannot be by-passed and requires additional Work
consult the Resident Project Representative.
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 construction. The Contractor will employ and maintain on the Work a qualified supervisor or
superintendent who shall have been designated in writing by the Contractor or the Contractor's
representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and
all communications given to the supervisor shall be a binding as if given to the Contractor. The
supervisor shall be present on the site at all times as required to perform adequate supervision and
coordination of the Work.
ARTICLE V
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated by
reference into, or otherwise included in them, and all Change Orders, are hereby incorporated into this
Agreement, and form the entire agreement between City and Contractor, and are referred to as the
Contract Documents:
1. INFORMATION FOR BIDDERS
2. BID FOR UNIT PRICE CONTRACTS
3. BID FORM
4. BID BOND
5. AFFIDAVIT OF WORK AUTHORIZATION
6. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
7. PERFORMANCE BOND
8. PAYMENT BOND
9. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR
STANDARDS
10. TIME FOR COMPLETION
11. SCOPE OF WORK
12. TECHNICAL SPECIFICATIONS
13. NOTICE TO PROCEED
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14. APPLICATION FOR PAYMENT FORM
15. CHANGE ORDER FORM
16. CERTIFICATE FOR SUBSTANTIAL COMPLETION
17. AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
18. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
19. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
20. ENGINEER/CONSULTANT CERTIFICATE for Acceptance & Final Payment
21. CERTIFICATE OF CITY'S ATTORNEY
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 in accordance with the terms hereof in
substantially the form attached hereto as Exhibit H (an "Application for Payment"), Contractor shall
provide City with a schedule of values dividing the Work, and the Contract Amount, into workable
categories in a form acceptable to City.Each Application for Payment shall be based upon the percentage
of actual completion of each category, multiplied by the dollar value of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Payment to the Resident Project Representative. In addition to the amount of
payment requested in the Application for Payment, each Application for Payment 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 for Payment 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 for Payment 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 for Payment, or return the Application for Payment 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
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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 Resident
Project Representative and Administrator. Resident Project Representative shall review each
Application for Payment and certify for payment such amounts as Resident Project Representative
determines are due Contractor. From the total amount certified, City shall withhold five percent(5%) as
retainage until final completion and acceptance of the Work. The five percent (5%) retainage may be
reduced by Change Order if final completion and acceptance of the Work is delayed due to unforeseen
circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage
is approved, the remaining retainage shall be an amount equal to or greater than 200% of the estimated
amount necessary to complete the Work.
D. The City Treasurer,upon presentation of an Application for Payment, shall prepare a check
for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury
available for Contractor under the authorizing Resolution or Ordinance approved by the Board of
Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the
payment and authorize the Mayor and City Treasurer to sign and deliver the check.
E. Neither Administrator or Resident Project Representative'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 for Payment, 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
Application for Payment 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 a
final Application for Payment, all requirements of the Contract Documents are complied with, and
Resident Project Representative issues his or her certificate to that effect. The Engineer's Certificate of
Acceptance will be on the form attached hereto as Exhibit N. City, within thirty (30) days after the
delivery of Engineer's Certificate of Acceptance, 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 final Application for
Payment as claimed by Contractor. All claims not identified in the final Application for 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:
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I. 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, materialmen and furnishers of machinery and parts
thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work
have been paid, discharged or waived. If Contractor does not pay Subcontractors or suppliers for labor
and/or material properly provided, City may, but shall not be required to, pay Subcontractors and
suppliers directly. Any payments made to Subcontractors and suppliers shall be charged against the
Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This
provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from
City.
K. Notwithstanding any other provision for payment contained herein, in the event the
Missouri Department of Labor and Industrial Relations has determined that a violation of Section
292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all
sums and amounts due and owning when making payments to Contractor under this Agreement.
ARTICLE VII
CHANGES/CLAIMS
A. City,without invalidating this Agreement,may at any time and without notice to any surety,
order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in
writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with
any addition, deletion, or other change without a written order.No oral direction or order shall constitute
authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes
any addition, deletion, or other change without a written order from City, Contractor shall not be entitled
to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall
be solely and completely responsible for the acceptability to City of the addition, deletion, or other
change.
B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance, the Contract Amount shall be increased or decreased as follows:
1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price Contracts,
by application of such unit prices to the quantities of the items involved; or
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2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for Unit
Price Contracts,by a lump sum as to which Contractor and City mutually agree prior to the
commencement of performance of the change.
C. If a change to the Work causes an increase or decrease in the time required for Contractor's
performance, an equitable adjustment to the time for performance shall be made.
D. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the Work, and no claim that City has been
unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such
enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract
Documents or a change in the time for performance of the Work.
E. Agreement on any Change Order shall constitute a final settlement of all matters relating
to the change in the Work that is the subject of the Change Order, including but not limited to all direct
and indirect costs associated with such change and any and all adjustments to the Contract Amount and
time for performance of the Work.
F. If Contractor is delayed or interfered with at any time in the commencement or prosecution
of the Work by an act or neglect of City,an employee,officer,or agent of City,or an architect or engineer
or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
anticipate,'the time for performance of the Work shall be equitably extended, provided that Contractor
gives notice as provided for in Paragraph G below.
G. Any claim by Contractor for additional time or money for the performance of the Work,
including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the
Work, shall be submitted to City's designated representative within five (5) working days of the
beginning of the event for which the claim is made or on which it is based. If any claim is not submitted
within the five-day period, it shall be deemed waived.
H. No change or claim, nor any delay or dispute concerning the determination of any increase
or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor
from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VIII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work, maintain not less
than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
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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 $3,000,000.00
b. General aggregate $3,000,000.00
c. Products/completed operations aggregate $3,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• Personal/advertising injury
• Broad form property damage
• Independent contractors
• Explosion, Collapse, and Underground Damage
2. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and
deliver to the City for operations of the Contractor of any Subcontractor in connection
with execution of the agreement Owner's Protective Liability insurance in the same
minimum amounts as required for Commercial General Liability Insurance above.
3. 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$3,000,000.00 for each accident.
4. 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
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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,
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.
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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 28 5.23 0 RSMo, Contractor must
post in a prominent and easily accessible place at the Work site a clearly legible copy of the following:
(1)the notice of registration for employer withholding issued to such transient employer by the Director
of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the
transient employer and verified by the Department of Revenue through the records of the Division of
Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such
transient employer by the Division of Employment Security. Any transient employer failing to comply
with these requirements shall, under Section 285.234 RSMo be liable for a penalty of$500 per day until
the notice required by this Paragraph are posted as required by law.
ARTICLE IX
INDEMNITY
A. 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,
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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
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 construction of the Project, shall become directly or indirectly interested personally
in this Agreement or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector
of or for the City 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 construction of the Project, shall
become directly or indirectly interested personally in this Agreement 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.
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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 Applications for Payment:
If to the City: If to the Contractor:
Travis Hoover Name: David Beemer
2950 NW Vivion Rd. Title: President
City of Riverside, MO Street Address: 606 SE Central Driver
Riverside, MO 64150 City, State Zip: Blue Springs, MO 64014
thoovergriversidemo.com Email: chadsAbeemerconstruction.com
with a copy to:
Renaissance Infrastructure Consulting
Don Hovey
5015 NW Canal Street, 9100
Riverside, MO 64150
dhoveygric-consult.com
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.
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
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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
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 Resident Project Representative 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.
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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.
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.
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WA 13366179.2
ARTICLE XVII
LABOR STANDARDS PROVISIONS
A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of
wages established by the Missouri Department of Labor and Industrial Relations Division of Labor
Standards, as set out in the wage order set forth in Exhibit C attached to and made a part of, shall be paid
to all workers performing Work under the Agreement. An Affidavit of Compliance with the Prevailing
Wage Law as set forth in Exhibit K shall be completed by Contractor and every Subcontractor employed
on the Project prior to final payment. The Contractor will forfeit a penalty to the City of$100 per day
(or portion of a day) for each worker that is paid less than the prevailing rate for any Work done under
the contract by the Contractor or by any Subcontractor.
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
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.
22
WA 13366179.2
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 Agreement 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 enter into other contracts in connection with the 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.
B. The City may perform additional work related to the Project or the City may enter into 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.
23
WA 13366179.2
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
construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours
after written notification from City of non-compliance, City may implement cleanup measures without
further notice and deduct the cost from any amounts due or to become due Contractor.
ARTICLE XXII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration,
competence, and experience to perform all the Work.
ARTICLE XXIII
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the performance of
the Work, and shall carry out its responsibilities in accordance with customarily accepted good
professional practices. The Contractor shall guarantee all materials and equipment furnished and Work
performed for a period of one (1) year from the date of completion and acceptance of the Work. 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 Agreement.
Contractor shall promptly make such corrections as may be necessary be reason of such defects including
the repair of any other damages that were caused by defects in the Work, at its own expense. The City
will give notice of observed defects with reasonable promptness. In the event that the Contractor fails
to make such repairs, adjustments or other Work that may be necessary by such defects,the City may do
so and charge the Contractor the cost thereby incurred. In emergency where,in the judgment of the City,
24
WA 13366179.2
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 construction facilities,or for storage
of materials. Only materials and equipment that are to be used directly in the Work shall be brought to
and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall
be promptly removed from the Project site. Protection of construction materials and equipment stored at
the Project site from weather, theft, and all other casualty or damage is solely the responsibility of
Contractor.
ARTICLE XXV
TAXES
A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form
5060) will be provided by the City for the purchase of any materials or personal property incorporated
into or consumed in the Project, pursuant to RSMo 144.062. The Contractor will pay all other sales,
consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction.
ARTICLE XXVI
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with performance of the Work and shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss
to (1) employees and other persons at the Project site or who may be affected by the Work, (2)materials
and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other
property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways,
structures, and utilities not designated for removal, relocation, or replacement in the course of
construction.
B. Contractor shall give notices required by and comply strictly with applicable laws,
ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their
25
WA 13366179.2
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 its 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.
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
26
WA 13366179.2
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.
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
27
WA 13366179.2
t
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 this Agreement 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 this Agreement shall forthwith by physically amended
to make such insertion or correction. All such laws, orders and regulations are applicable to this Project
and are made a part hereof by reference.
ARTICLE XXXVI
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the
parties with respect to their subject matter. Any prior agreements, understandings, or other matters,
whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this
Agreement and any other Contract Document may be amended, changed, or supplemented only by
written agreement executed by both of the parties.
THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City
and Contractor.
as
WA 13366179.2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives.
APPROVED AS TO FORM:
ATTORNEY.•
By:
Attorney, &J'aLA.z _
COUNTERSIGNED BY:
CITY PURCHASING AGENT:
r
By:
Bria E. Kor
Cit Admin r
CITY Op-A' IERSIDE:
Y•_
kat5'ieeri L.Rose, Mayor AT T:
Robin Kincaid, City Clerk
CONTRACTOR'
BEEMER CONSTRUCTION CO., INC.
By:
17 (signature)
Printed Name: _ / _
Title: � -
ATTEST:
49 L(�.
SECRETARY,,�i
(Name Printed).
29
WA 13366179.2
Bond No. 9306541
PERFORMANCE BOND
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT
between the CITY OF RIVERSIDE and CONTRACTOR, for construction of 2019 MATTOX & 39TH
WATER MAIN EXTENSION(618-227),dated August 6th,2019,designated Ordinance No.2019-037,-147Y
in every particular, Beemer Construction. Co., Inc., as Principal, and
Fidelity and Deposit Company of Maryland 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 Two Hundred Sixty-Five
Thousand Eighty-Seven Dollars ($265,087.00) 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
30
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.
The Performance Bond above is accepted by the City this day of CxLcol( ,20
Beemer Construction Co., Inc.
CONTRACTOR PRINCIPAL
By:
(Si ure)
Printed Name: `S65eJA ple'A
Title: Fres�G 4e
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.
Fidelity and Deposit Company of Maryland
SURETYjBy. 1. .Avow
(Signature) -
Printed Name: C:LaVonne Engeman,
Title: Attorney-in-Fact
Date: August 12, 2019
Surety Phone No. 847-605-6000
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
31
WA 13366179.2
Bond Number 9306541
ObligceCily of Riverside Missouri
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint C. LaVonne Enoeman ,its true and lawful agent and Attorney-in-Fact,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
i SEAL
B : Robert D.Murray
Y
Vice President
a ^:
d�
09
By: Dawn E.Brown ``-;a� tie �►,r
Secretary
State of Maryland
County of Baltimore
On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
++irutrru,��
CL
Constance A.Dunn,Notary Public
��i,�i),•� C:j�i�p4` My Commission Expires:July 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations,undertakings,or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the'following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 12th day of August ,2019
`'� ." -_ - F�,O DLIOf'i yid!p•4-� ,�1���L .
R t , SEAL
/lp
,r
Brian M.Hodges,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.reportsfelaimsO—zurichna.com
800-626-4577
PAYMENT BOND Bond No. 9306541
KNOW ALL PERSONS BY THESE PRESENTS: that Beemer Construction Co., Inc. a
Missouri corporation, hereinafter called Principal, and Fidelity and Deposit Company of Maryland
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 Two Hundred Sixty-Five
Thousand Eighty-Seven Dollars ($265,087.00) 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 6th day of August, 2019, for the construction of 2019
MATTOX & 39TH WATER MAIN EXTENSION (618-227) approved by Ordinance No. 2019-037;
NOW,THEREFORE, in the event Principal shall pay the prevailing hourly rate of wages for each
craft or type of worker required to execute the Work required by the Contract Documents described in
the Agreement in the locality as determined by the Department of Labor and Industrial Relations of
Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340
and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the
proper parties all amounts due for material, machinery, equipment and tools,.consumed or used in
connection with the construction of such Work, and all insurance premiums, workers' compensation,
and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, Subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force
and effect, and the same may be sued on at the instance of any Subcontractor, material supplier, laborer,
mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for
any breach of the considerations hereof.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect
32
WA 13366179.2
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 B�day of Ao&oS—( ,20 LcL.
Beemer Construction Co., Inc.
CONTRACTOR,AS PRINCIPAL
By:
(Signature)
Printed Name:10-V
Title:
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.
Fidelity and Deposit Company of Maryland
SURETY 0
By: 1. C�
(Signature) -
Printed Name: C. LaVonne Engeman J
Title: Attorney-in-Fact
Date: August 12, 2019
Surety Phone No. 847-605-6000
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
33
WA 13366179.2
Bond Number 9306541
Obligee City of Riverside Missouri
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,
and appoint C. LaVonne Engeman ,its true and lawful agent and Attorney-in-Fact,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
04-a-
By.-
By.- Robert D.Murray
Y a1'Vice President Dawn E.Brown °a� '� �►
Secretary '�.,,,*,,•••
State of Maryland
County of Baltimore
On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.
Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who
executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of
the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seat the day and year first above written.
a.Lu-,I-/
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2023
��1J1111111'`
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May,1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 12th day-of August ,2019
r � gay
SEAL
Brian M.Hodges,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
www.reportsfcIaims(a,zurichna.com
800-626-4577
EXHIBIT C
PREVAILING WAGE RATES
Special Wage Determination: Prevailing hourly rates of wages follow, as determined by the Division of
Labor Standards, Jefferson City, Missouri.
34
WA 13366179.2
EXHIBIT D
Time for Completion
2019 MATTOX & 39TH WATER MAIN EXTENSION (Project No. 618-227)
Time for Completion: 9/15/2019 or 30 Calendar Days from Notice to Proceed
35
WA 13366179.2
EXHIBIT E
SCOPE OF WORK for
2019 MATTOX & 39TH WATER MAIN EXTENSION (Project No. 618-227)
Contractor shall perform the following Work as more fully set forth in the Contract Documents:
All Work necessary to construct the 2019 MATTOX & 39TH WATER MAIN EXTENSION as shown
on and in accordance with the Technical Specifications and/or Drawings referred to in Exhibit F to the
Agreement.
Contractor to provide all necessary equipment, labor, and material necessary to perform the Project
construction and related work as shown in the Contract Documents.
36
WA 13366179.2
EXHIBIT F
TECHNICAL SPECIFICATIONS
2019 MATTOX & 39TH WATER MAIN EXTENSION (Project No. 618-227)
The following Specifications govern Contractor's performance of the Work:
ENUMERATION OF SPECIFICATIONS AND ADDENDA:
Following are the Specifications and Addenda governing the work, which form a part of this contract,
as set forth the Contract Documents:
SPECIFICATIONS:
Division 1 —General Requirements
Section Description
01015 STANDARD SPECIFICATIONS AND PLANS
ADDENDA:
No. Date
37
WA 13366179.2
EXHIBIT G
CITY OF
(2RIVYERSI
MISSOURI
Upstream from ordinary.
NOTICE TO PROCEED
DATE:
PROJECT: 2019 MATTOX& 39TH WATER MAIN EXTENSION
PROJECT NO.: 618-227
ORD/RESO: (approved )
TO: Contractor:
(address)
You are hereby notified to commence work on or after the 15th day of August, 2019 in accordance with
the Agreement dated
The date of substantial completion is 9/15/2019. The project shall be completed and ready for final
payment by
CITY OF RIVERSIDE
BY:
Brian E. Koral, City Administrator
Receipt of the above NOTICE TO PROCEED is hereby acknowledged
BY:
(Signature) (Printed)
(Title) (Company)
this the day of , 2019.
38
WA 13366179.2
EXHIBIT H
APPLICATION FOR PAYMENT
Continuation Sheet for Application for Payment
(Contact Capital Projects and Parks Manager, Noel Challis with the City of Riverside for an
electronic version nehallis(&riversidemo.com or by calling 816-372-9028)
ti rrr rs PATaWMATM 110- s.,einrr
R �� v.;haxs mn
hxxxw' a+�rr�i.
cevarabaer.
�iovvm�wa
xir.u.o�xnm6cum
a a�mv.mao�i - vt.,ea nma� L - rmi.¢.�ldn6uYrn�llur Et Yu.�+vmxEs.
2 Yrmre.3vC vane.L - stim.eam<ma0rc L - snna.ronmaW.dmem.cmt me.e.uws
� x�.ar�caummiur..}ura i -
a tmr axsaa.rrnnmmc i - veaavva:i - araarrmsa�r.tm.:a.-anavy.
s ra.wvaaneavq:i - 3r.ttasaoym.�m:; --
xffim msEs.�aaim; -
.nbmmrYaex�.n.iYees+aix�'aw ; - a.ma,a.mn...-srwiaa r.rx�-reerastw�
rsPrrfar�cYYuor+ ■rirm
mtir.wae.rm: amarraa.�mnyr� e.00.mr.Yx..'�
uCrx�.+�[aaan!rx ve ae+=na�r b.>aax�.aemera�e�nY,�imm.a•----�=�ra�.n
r.mnreaomcwAixtrarmndwmmr,ra.v[� �®eaa�df.mY m.pht.�ata.(�bn,s.
gv rum. �u�ae,'rw+�aa�nd m>.-�.rrc�
l0.ffiWnaceChooa 9 wviMermral4�amraK �'4T�MYab@aQw�B�ilbfrlYetd@s ��
bhNr4 F`Ym.malMOY,maeaarEq;on �'-•�'�S.�aaEhltlalThRCu �
mamabOaw amwlnxlnamreigvu.�yxasnb p�tle.btrabd 4f 4o�1-nlQm NhtbY
'prr'wlYrmGerro.A6V..ets.masrmnl+W.sa.SWT bLramaC�4mdto2n�-
vbaowl®marrRtl4.trmurawny4xtl bnn9bGmyr�rtra�rbliiOlihif iCfIP9.Y:D dCSIDr�4'tldT]i0ilEl�i,ID
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m'cav aoOCl��Aa�:wv-�"ta NR>� sus u'O r+iY-JWP+a�
p+A.olsbasnroZ..Ru[[Yav65¢mem hlas0bv-e SV:wtl 1Qab
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ddMtrErsrA{pn.rt
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39
WA 13366179.2
EXHIBIT I
CHANGE ORDER
(Contact Capital Projects and Parks Manager, Noel Challis with the City of Riverside for an
electronic version nchallis(a,riversidemo.com or by calling 816-372-9028)
CITY OF CHANGE ORDER NO. PageNurbcr. I d_
RIVERS #oePpAtached
ML450URI Contractor Name: Cate Preprert
Project Name:
Pmject Number
Cer=ctDate The following changes to the original contract amount wererequired to cover Bost incurred by the
Pra=ctLoc f= Riverside.6lissouri Conlraetor orto reflect savings realized by Ute Comractor as a result of a change in the actual
constructed quantities from the estimated quandfies shown on the Bid Proposal.
CorMadm Camas or Contractor
Line-t*-"Wo. Previous PrWr Q s Prevnus REQUiiHO GRANGES W PRESENT CMTRACT
Unit N. Amount
Item Doman S Reafor ChangeOrder(Rease desmbe demdembelow and thenfodavwdh realm trChange Order) Neva Newor New or
g.g SO50-00 Gumav Uno 1) lm RequestedtHGry 2)Unknown Ste CoMdms 3)Not incorporated h p'larsspers Adpraed Unit—dPrim An zte
SODg Ls 30.00
$0.90 $0.00
S0.0g 00
SODg Sg gD
SgAg Saw
PrcviousTo3r 50.00 5000
Adjusted Tolai 30.00
Nit Change SaDa
statemer I.M.'Lrad
Org al CormactAmwm 5gD0
NetArnwmof Revi—Addai—and Ded cfiam SBDO
Net Contrad AmcwnPdort.Th. acW t 59im
Amcum oeThisRegv� 3gSU
Nov Conbart Amount 50.00
P.—ft Change in Cnrt=An.= #DNIAP
DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI:
Traria Hcover .^.geed Date
Nacre Ported CilyAftinis ator
Greg tlBs STd Date
1JaY
CONTRACTOR: ON-SITE PROJECT MANAGER:
CONTRACTOR'S Certification for Change Order: ON-SITE PROJECT MANAGER Certification f-Change Order:
Theucamipred CON iTi.ACM cendl�smwav= toacmrdsncewrah UeCmtrad Beon—M themute obsenv�rs.and
cea=Wabo:'Ea ft- ayNadermrlte DONTRACTORto Lhedatacmpr6ilu this dwngeord�.the or'4L-pojedmanigseeiff—
potredaim—aGm ordle cdur;2d Ka'to:er.ts.snu=tfte tothe Ow tlratto&ebesdthemsiteprojecttrenagetskmWedge.
votes srat�d adore are—edwth—pedln rte work vdannatorn and beef ihealme referenced d-gesam rea—.y n ord'erto
amlopacv rerssoUsrnanga inter. poceedwAhUe ereadm ofthe mcnact do—r—M.and dna the vabes
sffied above ore mmtctvithrespedtotlework antidpa[ed m�rths dunge oda.
txgpmy. Cmpary
N—pmdect Ilarte vented:
99�ed: skyet
134r ree:
40
WA 13366179.2
CITY OF EXHIBIT J
RIVERSIDE
MISSOURI Certificate of Substantial Completion
(to be completed after substantial completion of the project)
Project Name: 2019 MATTOX & 39TH WATER MAIN Project#: 618-227
EXTENSION
Requestor 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 the City,
Contractor, and the 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 the City 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 ❑Not Amended
The City's Amended Responsibilities:
Contractor's Amended Responsibilities:
41
WA 13366179.2
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& Sign) Date
Accepted by Contractor (Print& Sign) Date
Accepted by the City (Print& Sign) Date
42
WA 13366179.2
EXHIBIT K
AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
(to be completed at conclusion of project)
upon being duly sworn upon my oath state that:
(1) 1 am the of ;
(2)all requirements of Section 290.210 to 290.340. RSMo,pertaining to the payment of wages to workers
employed on public works projects have been fully satisfied with regard to this Contractor's work on 2019
MATTOX& 39TH WATER MAIN EXTENSION(Proiect No. 618-227);
(3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules
established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards;
(4) based upon my knowledge of these rules, including all occupational titles set out in the applicable
regulations, I have completed full and accurate records clearly indicating:
(a)the names,occupations,and crafts of every worker employed by this Company in connection with this
Project together with an accurate record of the number of hours worked by each worker and the actual
wages paid for each class or type of work performed,
(b)the payroll deductions that have been made for each worker, and
(c)the amounts paid to provide fringe benefits, if any, for each worker;
(5)the amounts paid to provide fringe benefits,if any,were irrevocable paid to a trustee or to a third party
pursuant to a fund, plan, or program on behalf of the workers;
(6)these payroll records are kept and have been provided for inspection to the authorized representative
of the City of Riverside and will be available,as often as may be necessary,to such City and such other regulatory
agencies as may be deemed necessary;
(7) such records shall not be destroyed or removed from the State of Missouri for one (1)year following
the completion of Contractor's work on this Project;
(8)when in effect,the requirements of Sections 290.550 through 290.580 RSMo. Pertaining to excessive
unemployment were fully satisfied; and
(9)there has been no exception to the full and complete compliance with the provisions and requirements
of the wage orders applicable to the Agreement and Contract Documents.
The matters stated herein are true to the best of my information, knowledge, and belief. I acknowledge
that the falsification of any information set out herein may subject me to criminal prosecution.
Contractor Signature
Printed Name
Subscribed and sworn to me this day of , 20
Notary Public
My Commission expires:
43
WA 13366179.2
EXHIBIT L
CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
(to be completed at conclusion of project)
2019 MATTOX & 39TH WATER MAIN EXTENSION (Project No. 618-227)
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
(7) 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,arming
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
44
WA 13366179.2
EXHIBIT M
SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
(to be completed at conclusion of project)
2019 MATTOX & 39TH WATER MAIN EXTENSION (Project No. 618-227)
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: $
2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law set forth in
Sections 290.210, RSMo through 290.340,RSMo.
Business Entity Type: Subcontractor's Legal Name and Address
�)Missouri Corporation
l�)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 ,20
My Commission Expires:
(Signature)
45
WA 13366179.2
EXHIBIT N
ENGINEER/CONSULTANT'S CERTIFICATION
For Acceptance and Final Payment
(to be completed at conclusion of project)
City of Riverside, Missouri
Project Name: 2019 MATTOX& 39TH WATER MAIN EXTENSION
Project No: 618-227
Contractor:
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 drawings and 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 , 20
Signature:
(SEAL) Typed Name:
The work described above accepted by the consultant is hereby acknowledged and final
payment authorized.
Kathleen L. Rose, Mayor
(SEAL) Date:
Attest:
Robin Kincaid, City Clerk
cc: Contractor
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EXHIBIT O
CERTIFICATE OF CITY'S ATTORNEY
for
2019 MATTOX & 39TH WATER MAIN EXTENSION (Proiect No. 618-227)
I, the undersigned, the duly authorized and acting legal representative of The City of Riverside,
Missouri, do hereby certify as follows:
I have examined the attached contract(s) and surety bonds and the manner of execution thereof,
and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper
parties thereto acting through their duly authorized representatives; that said representatives have
asserted full power and authority to execute said agreements on behalf of the respective parties named
thereon; and that if all the information contained herein is true and correct, the foregoing agreements
constitute valid and legally binding obligations upon the parties executing the same in accordance with
terms, conditions and provisions thereof.
City Attorney (signed)
Printed Name:
Firm Name:
Dated:
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WA 13366179.2
DIVISION 1 - GENERAL REQUIREMENTS
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WA 13366179.2
01015 STANDARD SPECIFICATIONS
A. General: The work shall conform to the plans and contract specifications as outlined. The
standard specifications and plans which govern this work are listed below.
B. Standard Specifications and Drawings: The work shall conform to Water Pipeline Technical
Specifications, MISSOURI AMERICAN WATER(https://amwater.com/moaw/about-us/doing-
business-with-us/pipeline-specifications-and-drawings).
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WA 13366179.2