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HomeMy WebLinkAbout2006-107 - Construction Contract with Clayco Electrict for E.H. Young Park Electrical Upgrade ProjectBILL NO.2006-107 ORDINANCE N0.2006-107 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT WITH CLAYCO ELECTRIC FOR E.H. YOUNG PARK ELECTRICAL UPGRADE PROJECT WHEREAS, the City of Riverside, Missouri ("Cit}~') desires to engage the services of Clayco Electric to perform electrical upgrades at E.H. Young Park; and WHEREAS, the City received multiple bids for the Project and; WHEREAS, Clayco Electric has provided the City with a contract detailing the costs and services approved by the City. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri as follows: Section 1. The City of Riverside shall employ Clayco Electric to perform the construction services, and shall pay to Clayco Electric an amount not to exceed Twenty Thousand Three Hundred Forty Dollars and No Cents ($20,340.00) for such construction services which are described in the bid form attached hereto as Exhibit A (the Bid Form"). Section 2. The contract, in substantially the form attached hereto as Exhibit B, and payment by the City for the construction services described therein, is approved, and the Mayor is authorized to take such actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. Section 3. approval. This Ordinance shall be in full force and effect from and after its passage and i~j~~ Passed this I / day of August 2006. ~' Mayor Kathleen L. Rose ~u~ of w i i.ooa ~.iaycp tiectnc .~~` ~ v f~ July 31, 2006 ~~~ City of Riverside, Mo. Public Works 4200 NW Riverside St. Riverside, Mo. 64]50 Attn: Mr. Bob Smith Re; Electrical Proposal- E.H. Young Dear Bob: CLAi~CO ELECTRIC ----- ELECTRICAL CONTRACTORS Over 50 years of Quality Service Vile are pleased to offer the following quotation for electrical work on the above referenced project. Work Included: Provide labor and material to install new service per base bid supplied by City of Riverside,Mo. Provide labor and material to install additional service per Alternate supplied by City of Riverside, Mo. Base Bid S 10.810.00 Alternate Bid 5 9.530.00 Thank you for the opportunity to propose this project. If you should have any questions or concerns, please call us. We look forward to working with you. Sincerely,. Roy Thomasson/ Frank Biondo Estimating Department EXEiIBIT A 319 E. 11TH AVE. NORTH KANSAS CITY, MO. 6411fi (816) 221-U5B3 FAX (816) 221-7173 • Paw Bid: Inps]173 KVA , NOflZIA120S vok i-1l6 ]00 asap, A80 wlia ~"p~ diae0osiect sdH1J15Y? typo ~°4Pa'~4' aidc. 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Yieoi Ai.T HIDe~9i ~D ~-- EXHIBIT B AGREEMENT BETWEEN CITY OF RIVERSIDE AND CLAYCO ELECTRIC FOR COMPLETION OF THE E.H. YOUNGPARK ELECTRICAL UPGRADE PROJECT CONTRACT NO.: 10-5-335-478-01 CONTRACT PRICE: $20,340.00 Page-1 CONTRACT NO. 10-5-335-478-01 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR THIS AGREEMENT, made and entered into as of the 23rd day of August, 2006 by and between the City of Riverside, Missouri ("City"), and CLAYCO ELECTIC ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance No.2006-107 duly approved August 15, 2006 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 considerations herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. "Project," as used in this Agreement and the other Contract Documents, means the building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. Page-2 ~,. .. 4 ,. .. ¶ r~ C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision, management, and other items necessary to accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications and Drawings) to this Agreement and the other Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. ARTICLE II CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of ($20,340) Twenty Thousand Three Hundred Forty Dollars and No Cents. This amount shall include all taxes, costs, permit fees, profit, overhead, expenses and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. 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 Ordinance No. 2006-107 authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. Paragraph Deleted C. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than for twenty (20) working days after the date indicated in the Notice to Proceed for commencement of performance of the Work. A working day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does not prevent at least six (6) hours of continuous working time. If Contractor fails to achieve Substantial Completion of all the Work by this date, Contractor shall, in addition to any payment due under Paragraph B above, pay City One Thousand Dollars ($1,000.00), as liquidated damages and not as a penalty, for each working day after this date until Substantial Completion of all the Work is achieved. Following Substantial Completion of all the Work, Contractor shall Page-3 ~. ~ , . .. ii G' D. 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 its rights under Paragraph G below and Article XIII of this Agreement under all circumstances described in Paragraph G and Article XIII, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph C above, E. 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 E does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. F. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment Under Article V of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits current under the Contract Documents. G. In the event Administrator determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. H. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. Page-4 ~. .. a ,,. ~• ~ ~~ ARTICLE IV CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMEI~IT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2. SCOPE OF WORK (Exhibit A to this Agreement) 3. The SPECIFICATIONS referred to in Exhibit B to this Agreanen~ 4. PERFORMANCE BOND (Exhibit C to this Agreement). 5. PAYMENT BOND (Exhibit D to this Agreement). 6. ITEMIZED PROPOSAL (Exhibit E to this Agreement) 7. PREVAILING WAGE RATES (Exhibit F to this Agreement). B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE V PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier Page-5 from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within fifteen (15) days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent (5%) as retainage until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under Ordinance No. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any and all claims or rights in connection therewith. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed upon Substantial Completion, an amount equal to two hundred percent (200%) of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for Page-6 ,. , ,., .. .~ G.. final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in 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 by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change, or, at City's option, the change shall be performed for unit prices, if any, listed in the Itemized Proposal (Exhibit E to this Agreement), or on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of a net increase in the cost of Contractor's performance, a reasonable allowance on the net increase for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, Page-7 including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. C. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. D. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph F below. F. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. G. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. Page-8 ~. .. a ~ ~ '" ¶ ~ ARTICLE VII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage Tor Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: a. Each occurrence ..............................................$1,000,000.00 b. General aggregate ...........................................$2,000,000.00 c. Products/completed operations aggregate ...... $2,000,000.00 d. The following coverage shall be included: - Blanket contractual liability - Products/completed operations - PersonaUadvertising injury - Broad form property damage - Independent contractors - Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non- owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY- This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation ....................................... Statutory b. Employer's Liability: ' - Bodily injury by accident .......................... $1,000,000.00 - Bodily injury by disease ............$500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "B+XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or Page-9 automobile liability coverage shall, in form satisfactory to City, (1) name as additional insured's City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. C. Contractor shall maintain the products and completed operations coverage for not less than five years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insured's City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater, "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or material. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall expressly provide no less than 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 satisfactory to City evidencing that Contractor has all the required insurance and is in compliance with this Article VII. The certificate or certificates shall be delivered to City's designated representative not less than seven days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City and its employees, officers, and agents. F. Contractor also shall maintain any additional insurance coverage's and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. ARTICLE VIII 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 acts or omissions of Contractor, a subcontractor or supplier, or Page-10 ~. t ,.. .. r ~, 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 described in this Paragraph A. B. In claims against any person or entity indemnified under the preceding Paragraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they maybe liable, the indemnification obligation under Paragraph A shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE X COVENANT AGAINST UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition, issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as maybe necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X. ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not Page-11 ,.. a ,.. .. .~ ~, charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For City: David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 For Contractor: B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII DEFAULT A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to 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, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, .services, or other items through City or others, to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. Page-12 ~,. .. A .. .~ G B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as maybe necessary to prosecute the Work taken over by City, and may employee Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims maybe deducted by City from the amount, if any, otherwise due Contractor, and 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 in any way waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. ARTICLE XIV TERMINATION FOR CITY'S CONVENIENCE City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article XIV. Page-13 ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, ations, orders, and the like applicable to the Work, including, but not limited to any applicable wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, and criteria for work within or adjacent to a flood control project area. Contractor shall secure X11 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 Mate of Missouri. ARTICLE XVI SUBCONTRACTS, ASSIGNMENT, OR TRANSFER ,r 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 lberson 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 ©bligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be i1i writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase Order. C. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or fixture subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment maybe accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without pity's written consent. ARTICLE XVII 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. Page-14 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 pf 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 lean 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 onstruction activities. If Contractor fails to comply with cleanup duties within 24 hours after written otification from City ofnon-compliance, City may implement cleanup measures without further notice and educt the cost from any amounts due or to become due Contractor, ARTICLE XVIII COMPETENCE contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted food professional practices. If any defects in the Work are discovered within one year from final completion pf the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in ddition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's nal certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to omplete the Work free of defects in workmanship and material. I B. Contractor agrees that it shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article XIX does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XX STORAGE OF MATERIALS AND EQUIPMENT pnly materials and equipment that are to be used directly in the Work shall be brought to and stored at the ~'roject 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 heather, theft, and all other casualty or damage is solely the responsibility of Contractor. Page-15 ARTICLE XXI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who maybe affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. C. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXII INDEPENDENT CONTRACTOR Contractor acknowledges it is an independent contractor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIII CONFLICT Contractor shall promptly upon discovery advise City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXIV BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Administrator, a performance bond and a payment bond in the forms at Exhibits C and D to this Agreement, or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall guarantee and secure Contractor's proper performance and completion of the Work, and performance of all of Contractor's obligations and duties under the Contract Documents, including, without limitation, all warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment, and/or materials supplied to or for the benefit of Contractor or the Work: The premium for such bonds is included in the Contract Amount. Page-16 ARTICLE XXV SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXVI NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE XXVII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXVIII TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXIX ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by City and Contractor. Page-17 ~,. .. i 9 ,. ,~ ~, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE sy: MA OR ATTEST C TY CLERK (Con ctor) sy: ~'~~(Signature) Printed Name: l~~y ~x i!-~mrl• Title: ~ ~ ~i /~ aN A-~~ ~ ~~`~~~~ Page-18 ~. ~ .. .~ G EXHIBIT A - SCOPE OF WORK Contractor shall perform the following Work: ELECTRICAL WORK-PROVIDE LABOR AND MATERIAL TO INSTALL NEW SERVICE PER BASE BID AND ADDITIONAL SERVICE PER ALTERNATE BID Page-19 EXHIBIT B -SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's performance of the Work: See next Page-20 I. .. _ ,max ~. G Performance Bond Allied Insurance u;~. ~. a member of Nationwide Insurance BOND NO. BD Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Marne and Address): Clayco Electric Co., Inc. 319 E. 11th Ave. North Kansas City, MO 64116 OWNER (Name and Address): City of Riverside, MO 4200 NW Riverside St. Riverside, MO 64150 CONSTRUCTION CONTRACT Data: Amount: DBSCripGon (Name and Location): SURETY (Name and Principal Place of Business): NATIONWIDE MUTUAL INSURANCE COMPANY BOND DEPARTMENT 1100 LOCUST ST., DEPT. 2006 DES MOINES, IA 50391.2006 August 23, 2006 $20,340.00 E. H. Young Park, Electrical Upgrade Project BOND Date (Not earlier than Constnaction Contract Data): August 2: Amount: $20,340.( Modifications to this Bond: CONTAACTORAS PRINCIPAL "` Company: (Corporate Seap ClaycoElectric Co., Inc. m SignaNre: Name and Title: (Any additional signatures appear on page 3} (FOR INFOHMAT/ON ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or AGENT or BROKER: other party): Printed in cooperation with the American Institute of Arehitects (AlA) by Nationwide Mutual Insurance Company. Nationwide Mutual Insurance Company vouches that the language in this document conforms exactly to Iht language used in AIA Document A i 12, December, 1984 Edition, Third Printing, March, 1987. Bd 4eo laws) o0 A312•tt)64 t 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials arxJ equip- ment furnished for use in the performance of the Construc- tion Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate fn conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paregreph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss meth- ods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction contrail, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and fortnaily terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through indepen- dentcontractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for per- formance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's corn currertce, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reason- able promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an ad- ditionalwritten notice from the Owner to the Surety demand- ing that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy avail- able to the Owner. If the Surety proceeds as provided in Sub- paragraph 4.4, and the Owner refuses the payments tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any rem- edy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities ofthe Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitlgatfon of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for corection of defective work and completion of the Construction Con- tract; 6.2 Additional Iegai, design professional and delay costs resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligation of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, execu- lad 480 (03-03) 00 A312-1984 2 >; f tors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the b- cation in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obli- gations under this Bond, whichever occurs first. Ii the provi- sions of this Paragraph are void or prohibited bylaw, the mini- mum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be acceptable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been famished to comply with a statu- tory or other legal requirement in the location here the con- structionwas to be performed, any provision in the Bond con- flicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incor- porated herein. The intent is that this bond shall be construed MODIFICATIONS TO THIS BOND AREAS FOLLOWS: as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount pay- able by the Owner to the Contractor under the Construc- tion Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts re- ceived or to be received by the Owner in settlement of insurance or other claims for damages to which the Con- tractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Faiiure of the Contractor, which has neither been remedied nor waived, to perform or oth- erwise to comply with the terms of the Construction Con- tract. 12.4 Owner Default: Failure of the Owner, which has nei- ther been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURE?`! Company: (Corporate Seal) Company: (Corporate Seal) Signature: ~~~ Name and Title: Address: Signature: ,_ Name and Title: Address: ad 450 (03-05)00 A312.1454 3 ~>< y. d Payment Bond Allied Insurance a member of Nationwide Insurance BOND NO. BD Any singular #erence to Contractor, Surety, Owner or other party shall be cmisiderod plurel wtrero applicable CONTRACTOR (Name and Address): SURETY (Krone and Principal Placx of Business): Clayco Electric Co., Inc. 319 E. 11th Ave. North Kansas City, MO 641 l6 OWNER (Name and Addras): City of Riverside, MO 4200 NW Riverside St. Riverside, MO 64150 NATIONWIDE MUTUAL INSURANCE COMPANY BOND DEPARTMENT 1100 tACUST ST., DEPT. 200b DES MOINES. IA 50391-2006 CONSTRUCTION CONTRACT Date:: August 23, 2006 7lmoont•. ~ $20,340.00 Deseription (Name and Location): E. H. Young Park, Electrical Upgrade Project BOND Date-(Not ead'~er than Construction Contract Date): August 25, 2006 Amount: _ $2Q340.00~ Modiftcatlaritt to this Bond: ~/F_l' None CONTRACTOR AS PRINCIPAL SURt'fl' Company: (Corporate Seaq Company: Clayco Electric Co., Inc. ,vA~-~ Kati n e M tual Insurance a Signature:,-.- /~ ! ~ Signatu Name and Title: Name a Title: y , ,, 7 ~ (Any additional signatures appear on page 6) Attorney-in-Pact (FOR INFORMATION ONLY • Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Printed in cooperation with the American InstiNte of Architects (AIR) by Nationwide Mututd Insurance Company. Nationwide Tvyutual Insurance Company, vetches that the language in this document conforms exactty to Ute language used in AIA Document A 312, Dtxember, 1984 Edition, Third Printing, Maroh, 1987, ad abi (tA3-0O) 00 ~stz•+»ea a 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, succes- sors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Construction Contract, which is Incorporated herein by ref- erence. 2 With respect to the Owner, this obligation shall be null and void ii the Contractor: 2.1 Promptly makes payment, directly or indirectly, for alt sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any per- son orentity whose daim, demand, lien or suit is for the payment for labor, materials or equipment fumished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contrac- tor and the Surety (at the address described in Pare- graph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, di- rectly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substan- tial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: (continued on Page 2) .1 Have famished written notice to the Contrac- tor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last furnished materials or equipment inGuded in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the mate- rials were famished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of famishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid drectly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the precious written notice fumished to the Con- tractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compli- ance. 6 When the Claimant has satisfied the conditions of Para• graph 4, the Surety shall promptly and at the Surety'k ex- pense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stat- ing the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrenge for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by ttte Surety. 8 Amounts owed by the Owner to the Contredor under the Construdion Contrail shall be used for the performance of the Contraction Contract and to satisty claims, if any, under any Construction Performance Bond. By the Con- tractor famishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the perfor- mance of the Construction Contract are dedicated to sat- isfy obligations of the Contractor and the Surety under this Bond, subjed to the Owner's priority to use the lurtds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unre- lated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. tOThe Surety hereby waives notice of arty change, includ- ing changes of time, to the Construction Contract or to re- lated subcontractors, purchase orders and other obliga- tions. 11 No suit or action shalt be commenced by a Gaimant under this Bond other than in a court of competent jurfsdic lion in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Sub- paragraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were fumishad by any one under the Construction Contract, whk;hever of (1) or (2) first occurs. If the provisions of this Paregraph are void or prohibited by law, the minimum period of Ilmitation available to sureties as a defense in the jurisdiction of the suit shall be appli- cable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signa- 11312-186 5 ad4a1(0.403)00 ~. tare page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sutfident compliance as of the date received at the address shown on the signature page. 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be perforated, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bona and not as a com- mon law bond. 14 Upon request by any person or entity appearing to he a potential beneficiary of this Bond, the Contractor shall promptly famish a copy of this bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of MODIFICATIONS TO THIS BOND AREAS FOLLOWS: the Contractor to famish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to Include without Umitation in the term 'labor, materials or equipment: that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Constructon Contract, architecture) and engineering services required for per- formance of the work of the Contractor and the Contractor's subcontractors, and all other Items for which a mechan~'s lien may be asserted In the jurisdiction where the labor, materials or equipment were famished. 15.2 Construction Contract: The agreement between " ">fi the Owner and the Contractor identified on the signa- ture page, including ail Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contrac- tor as required by the Construction Contract or to per- fortnand complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: Signature: _ Name and Title: Address: (Corporate Seal) Bd 481 (Q9-03)00 SURETY (Corporate Seal) Company: I 294767 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Columbus, LOADEENA A. MEaSled "Company", does hereby make, constitute and appoint KRISTINE M. BRADLEY JAMES B. KORNEGAY JASON FORGE NORTH KANSAS CITY MO each in their individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penald 50,000.00 eeding the sum of SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS S and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company. "RESOLVED, that the President, or any Senior Vice President, Resident Vice President or Second Vice President by, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company and to authorized them to execute any and all bonds, undertakings, recogrtizances, contracts of indemnity, policies, contracts guazanteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature which the bustness of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attorneys-In-Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto, provided, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE VIII "Section 10. Execution of instruments .Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power an au only to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation of the business of the company in addition to the Chairman and Chief Execuflve Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed, engraved or stamped on any approved document, contract, instrument or other papers of the Company. IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attested by the signature of its Vice President the 28th day of April, 1999. ~, ACKNOWLEDGMENT STATE OF IOWA / '•sE~'• /~ President ~' .... COUNTY OF POLK SS ~~!' •y H,, a On this 28th day of April, 1999, before me came the above named Vice President for Nationwide Mutual Insurance Company, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of sai~d~Cuo~m'p'any. DYA ~~ COu1SmOAl~l Notary Public ~n.- ooe My Commission expires March 24, 2008 CERTIFICATE I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the Resolution included herein is a true and correct transcript from the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that said Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice President of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and subscribed to the said instrument by the authority of said Board of Directors. IN WITNESS WHF FF, I ha hereuryto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this ay of ~ ~~U ~~ Cj/~~~~ L$EAj••• _$~ `this Power of Attorney expires 1 J~ Assistant Secretary 20241 ••.. Bet foa-ool oo u/2t1o7 ~~~!~ ~ ~, DATE (MMIDDM/YV) ,~~ORD CERTIFICATE OF LIABILITY INSURANCE cI~PYC 2 oe 25 06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Krueger & James Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Agency, Inc . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1906 Erie North Raasas City MO 64116-3435 Phone:816-471-4245 Fax:816-221-7649 Clayco Electric, Inc. 319 8. 11th Avg. North Ransas City MO 64116 INSURERS AFFORDING COVERAGE INSURER A: Cincinnati Ina:; INSURER B: INSURER C: INSURER D: Co NAIC # COVERAGES ANV REOUIREMEN7 STERM OR CONDDIT ON OF ANV CONTRACTUOR OTHER DOCUMENT W TH RESPECOTO WHICHITHIS CERTIF LATE MAY SE ISSUED OR DING MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH I POLICIES. AGGREGATE LIMITS SHOWN MAY HAVETBEEN REDUCED BV PAID CLAIMS. LIMITS ______.-.........,..~ I POLICY NUMBER DATE MMIDDMr DATE MMIDD/VY 1 OOO GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY CPP0897285 CLAIMS MADE a OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jRECT LOC AUTOMOBILE LIABILITY A X X ANV AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANV AUTO EXCESS/UMBRELLA LIABILITY A X OCCUR ~ CLAIMS MADE DEDUCTIBLE X RETENTION SNil WORKERS COMPENSATION AND A EMPLOYERS' LIABILITY OFFICERAAEM ER/EXCLUDED9 ECUTIVE I/yea, Describe under covnei aanVISIONS below CPA0697285 CPP0897285 ygC1919840 EACH OCCURRENCE S ~ r -.- - 07/O1/06 07/01/09 PREMISES Eaoccurence) E 100,000_ MEO EXP (Any one person) s 5 OOO _ _ PERSONAL 8 ADV INJURY S 1, OOO , OOO GENERAL AGGREGATE S 2 OOO OOO PRODUCTS-COMPIOP AGG S2 GOO, OOO COMBINED SINGLE LIMIT S 1r GOO, OOO 07/01/06 07/01/07 (Eaacciaenl) _`_ BODILY INJURY s (Per Person) ___ __ BODILY INJURY S (Per ecci0ent) __ ___ PROPERTY DAMAGE _ (Per ecciaenq AUTO ONLY - EA ACCIDENT S _____ OTHER THAN EA ACC S .._ AUTO ONLY: AGG S EACH OCCURRENCE S ~I OOO , OOO 07/01/06 07/01/07 AGGREGATE 54,000,000 -- S ----- s s O7/O1/O6 I O7/O1/O7 E.L. EACH ACCIDENT S `JUVV E.L. DISEASE - EA EMPLOYEE S S OOO E.L. DISEASE -POLICY LIMIT S SOOO OTHER 700, OOO A Builders Riak CPP0897285 07/01/06 07/01/09 Job 31te $100 000 Transit $ DESCRIPTION OF OPERATION81 LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS If required by a written & signed contract, City of Riverside, employees, officers, agents, architects, etal as required by contract are additional insureds on the general liability & auto liability. waiver of subrogation applies to the general liability & auto liability.. Cancellation in the event of non pay is 10 days.Cinciaaati additional insured eadt GA233 applies E HOLDER RIVSRSI SHOULD ANY OF THE ABOVE DESCRIBED POLICIE8 EE CANCELLED BEFORE THE EXPIRA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN City of Riverside NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 4200 NW Riverside St . IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER, IT8 AGENTS OR REPR TATNES. Riverside MO 64150 A E R~SENTATNE ®/In 9 25 ~ ~ ®ACORD CORPORATION 1888 ,. ~ G IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If Su BRO endoOrsementAA statement otnoth se ert ficate doesdntot conferh ghts to the cert'fclat es may req holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 (2001 '.