HomeMy WebLinkAbout2006-109 - Authorization to Execute a Construction Contract After the Acceptance of Bids for E.H. Young Park Sewer ProjectA
BILL N0.2006-109
ORDINANCE N0.2006-109
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSTRUCTION CONTRACT AFTER THE ACCEPTANCE OF BIDS FOR E.H.
YOUNG PARK SEWER PROJECT
WHEREAS, the City of Riverside, Missouri ("City") desires to engage the services of
H&H Septic Service, Inc. to complete a sewer force main project at E.H. Young Park; and
WHEREAS, the City received multiple bids for the Project and;
WHEREAS, H&H Septic Service, Ina (the "Contractor") 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 H&H Septic Service, Inc. to perform the
construction services, and shall pay to H&H Septic Service, Inc. an amount not to exceed
Thirteen Thousand Four Hundred and No Cents ($13,400) for such construction services
which are described in the bid form attached hereto as Exhibit A ("Agreement for
Construction").
Section 2. The contract, in substantially the form attached hereto as Exhibit A, 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. This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this 15th day of August 2006.
. ~~~
Mayor Kathleen L. Rose
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AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
H&H SEPTIC SERVICE, INC.
FOR
COMPLETION OF
A SEWER FORCE MAIN PROJECT AT THE E.H. YOUNG RIVERFRONT PARK
CONTRACTOR: H&H SEPTIC SERVICE, INC.
CONTRACT NO.:
CONTRACT PRICE: $13,400.00
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CONTRACT NO.
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
THIS AGREEMENT, made and entered into as of the _ day of , 200_ by and between the
City of Riverside, Missouri ("City"), and H&H SEPTIC SERVICE. INC. ("Contractor"), shall govern all
Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No.2006-109 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.
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
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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 ($13,400) Thirteen Thousand Four Hundred 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. 2006-109 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 seven (7) 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 proceed to
complete all uncompleted Work items as promptly as permitted by weather conditions or any other
conditions affecting completion of the Work.
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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 al] 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.
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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:
This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
2. SCOPE OF WORK (Exhibit A to this Agreement)
3. The SPECIFICATIONS refened to in Exlu~bit B to this Agreement.
4. PERFORMANCE BOND (Exhibit C to this Agreement).
5. PAYMENT BOND (Exhibit D to this Agreement).
6. ITEMIZED PROPOSAL (Exhibit E to this Agreement)
7. PREVAILING WAGE RATES (Exhibit F to this Agreement).
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by
Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's
satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible
for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be
cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual
conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of
the Contract Documents as City directs.
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
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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. 2006-109. 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. 'A'~~.,
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
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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:
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,
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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 perfonnance 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.
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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:
COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City, against claims for damage
to property and/or illness of, injury to, or death of any person or persons related to or
arising out of the Work. Such coverage shall have not less than the following limits:
a. Each occurrence .............................................. $1,000,000.00
b. General aggregate ...........................................$2,000,000.00
c. Products/completed operations aggregate ...... $2,000,000.00
d. The following coverage shall be included:
- Blanket contractual liability
- Products/completed operations
- PersonaUadvertising injury
- Broad form property damage
- Independent contractors
- Explosion, Collapse, and Underground Damage
2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City,
its employees, officers, and agents, and any architects, engineers, or other design
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
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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
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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 LIABILTTY
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 may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X.
ARTICLE XI
RECORDS REGARDING PAI'MENT
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 a unit priced contract ,
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
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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 may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance
with generally accepted accounting principles, such records as are necessary to substantiate that all
applications for payment hereunder were valid and properly chargeable to City. For a lump sum contract ,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
Page-11
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:
Russell Sickman, President
H&H Septic Service, Inc.
30 Village Drive Circle
Platte City, Mo 64079
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
.. T 6.
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, chazges, 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 XN.
Page-13
..~. .. ~ ~ .. 7 1,
ARTICLE XV
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure
all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security number,
occupation, and craft of each worker employed by `Contractor in connection with the Work and, for each such
worker, the number of hours worked each day, the total hours worked during the payroll period, the gross
amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement
from each subcontractor of any tier that employed any workers in connection with the Work during the
period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this
Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any
person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order
shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be
in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase
order.
C. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This
assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s)
and/or purchase order(s) that City designates in the writing. This assignment 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 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.
r. ,. t
Page-14
.. T y,.
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 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 XVIII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and
experience to perform all the Work.
ARTICLE XIX
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the
performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted
good professional practices. If any defects in the Work are discovered within one year from final completion
of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in
addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's
final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to
complete the Work free of defects in workmanship and material.
B. Contractor 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 Doc ents, and does not limit the time allowed by law for any
action for breach of such obligation. ~`
ARTICLE XX
STORAGE OF MATERIALS AND EQUIPMENT
Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the
Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed
from the Project site. Protection of construction materials and equipment stored at the Project site from
weather, theft, and all other casualty or damage is solely the responsibility of Contractor.
Page-15
~. - y .. T 0
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 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 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
._ ~ T ~
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
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
CTTY OF RIVERSIDE
By:
MAYOR KATHELE N L. ROSE
(Contract
By:
(St ~
Printed Name• ,,..ir//.~= ~y ~•~-~
Title: ~-r~~"~~
Page-18
EXHIBIT A - SCOPE OF WORK
Contractor shall perform the following Work:
Complete a Sewer Force Main Project at E.Y. Young Riverfront Park
:~*
Page-19
EXHIBIT B -SPECIFICATIONS AND DRAWINGS
The following Specifications govern Contractor's performance of the Work:
See next
Page-20
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Pro osal Submitted To Job E.ocaiion
Name: q~~:
City of Riverside EH Young Park
Larry Me}•er Public Restroom Facility
gddnxs. City/StstdZip;
3SS0 ~~7 Vivion Road Riverside MO 64150
City/SmteJZip: Pemrit ~:
Riverside MO 64150
Telephone
816-741-3908
)ob Description
Al] arts, material and labor included in this bid.
.Installation of E-I grinder pump with connection to existing building sewer and 1 r/ inch
discharge pipe connected to existing force main. Connection of force main will be as close
as possible to shutoff valve located at entrance, utiliTSng e}asting 3 inch pipe at a sleeve
under drive area. Electrical controls will be mounted to the restroom bu>Zding exterior close
to ekzsting electrical panel ..........................................................$12,900.Ot)
Qption: Inside electrical work to connect powerbox to control panel ..........$500.00
Bid does not include sod, seed or grading. Bid does not include pumping and 511ing of
existing holding tank, pernut or fees.
..t
Bid Price: X72,900.00
Terms: Net 30 days
Raspe.•-tfitily Submitted by:
~~ ...
Russ Siclcman, President
H & H Septic Service, Inc.
I ACCEPTATrICE OF BID
I Proposal may be wit4idrativn b • H ~ H Septic Service Inc if ~t accepted witlvn 60 days
;;'d
Lt~v£0£E54B
out eoin~eg oiadsc H .H
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tae ~,"ts
TIC ~ - laE1$~uI4b3~TC~ `~171~T3 Bond #58637747
FOR THE FAITHFUL PERRORMANCE of each of the terms and stipulations of fne
AG1tEEIvIlKT17' Bl;'1'~V'Ell~l Ci'PI' CTF' RI`~~LRvIDE t/L~AI'I'It,A.CT~R, dated
/,$~ , 20(10, designated ~~ontract No. every particular,
H & H Seatic Service, Inc. ;as Principal, and
Western Surety Company , .~ ~~~,~ henaby tT~nd themselves and their
respective heirs, executors, 'adxrlYtiistrators, sitocessors, sand assign's, unto the City of Riverside,
Nldssauri, in the penal slim of THIRTEEN THOUSAND FOUR HUNDRED & NO/100 ($13,400.00)
lawful money of the'T3ni St~t9es, :c4ondttoiiad that iii the event ~'rincipal ~sltali fathfii'lly ;and
praperly corripiete fhe Work :tegtiirtrd 1;ry the Co.n#ra!ct ~®cumeiits :described in -the Agreement
and perform all of its obligations and duties pursuant to 'the feigns o#' the Contract Documents,
including, without lmitaticin, all warranty sbfigatons and duties .arid including those under
which Principal agrees to pay the pr¢vailrmg.hourly rate of wages for each =eralt or type of worker
required to execute the Work in the locality as determined by the Department of Labor and
Industrial Relations of "Missouri or by final judicial daterr~ira#ion ;pu#~suan# to the provisions of
Sections 290.21:0 to 2.9'0.340 and 290:550 thxougla 29a:~$0, inclusive, of the Revised Statutes of
Missouri, then this obligation :to be voel, crt)~etwse to remain iai :ftill force and effect. Surety
hereby stipulates and agrees -that no change, extension of time, alteration or addition to the terms
of the Contract D:acuinents or to the Vuork tb be perfot•meil thereunder ~hall.in arty way affect its
Exhibit G Page-.1
,. i .. 7
this Bott4, and xt aloes `t~eraby wvat~e r~ottoe ref ~y :such ~1ts3i~C, cxt~siQn of tiima, altaratian -or
ad~iit~n t4 tihe aas~a~s of ~e Ccmtract bocunts :orto tYte'V~nxtC.
H & H Septic rvice, Inc.
_, ..W
B~'.
P1111tet1 ~ e' ~fJr [ iZ..E~.na..
'mat'te: _.__
3~ata:
Western Surety Company
~5't~"3l'~.~./ ...
Printetl`Natrae:, Kathv L. Fagan~,T4:~,T.,_~
Tate; Attorpev-in-Fact _
DaY~: October 5. 2006
The Signatory of Surety has attached hereto .its proof of authorizaiian to bind Surety to this
obligation.
E.~chibiY C
Paga•~1
,. .. a .. T
~'1~estern Surety Company
POWER OF ATTORNEY APPOINTING IIV1~IVIDUAL ATTORNEY-IN-FACT
lioow All Meo By These Presents, That WP.STERN SURETY COMPANY, a Soutli Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constituu and appoint
Sarie Ann Garrett, Edward G O'Malley, Diana L McAnally, Jerry E Fallen, Kathy L Fagan,
Individually
of Shawnee Mission, IGS, its we and lawful Attomey(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extrnt as if such inswments were signed'by a duly authorized officer of the corporation and ell the 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 By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corpowtion.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice Presidrnt and its corporate seal to
be hereto affixed on this 3rd day of December, 2003.
State of South Dakota 1
J ss
County of Minnehaha
WESTERN SURETY COMPANY
n
~~~
Bt AV ~~~
Paul . Bmflat, Senior Vice President
On this 3rd day of December, 2003, before me personally came Paul T. Btuflat, to me known, who, being by me duly sworn, did depose end say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above inswment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My corrlnlission expires 4Y•Mh..hh4.,\-44A.,.,\r4.,hr..
'+ D. KRELL +
November 30, 2006 f a/®r~NOMRY PUBLIC/ ~~ f ~ ,
r SOUTH DNCOTA f
•'ti4hti\.N,~4.,4„.,•44ti4ti44ti4
. Krel , No ry Pub tc
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof still in fo/Irc--e... In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this _day of C ~ (K/~ ,~Q(~.
.,1
---- WESTERN SURETY COMPANY
~' ----- _ t. L. Ne son, Assistant Secretary
Forth F42a0AI.02 - - r
a. I ,. ,~ 6
e
ia~rr;n -~~~~~c
Bond #58637747
H & H Septic Service, Inc. and the GTi'Y OF It'IVERSiDI~, 1u1T5SOIIRI, have
entered into an Agreement dated ~ ~s,~,r l ~ 2006, designated
Contract No. l ~ Wi {Ntic`~'A~r1/io(~i, Itac. , ,as 'Principal, atd
Western Surety Company , as'~mtrety, llet~by~i#td#hemselves and their
respective heirs, executors, adamittistrators, successors, and assigns, unto the City of Riverside,
lt~lissouri, in 'the penal Seut7 =of THIRTEEN THOUSAND FOUR HUNDRED & NO/100 ($13,400.00) lawful
money of the United States, conditioned :that `in th® event l'rinoipai shall 'pay the prevailing
:hourly rate of wages for :each .craft or type of ~vrsrker .rcquixed to .execute the Work required by
the Contract Documents :d?ese~iliec3 in the Agree~eht ~n t13e ~ocatity :as determined by the
Deparnnent of Labor and Industxfal iteiafiions of Ivlissauri or ~y :final judicial determination
pursuant to 'the prosisigns off' Sectic-tTS 3913.A1~ #0 29~.34~0 anel 29p.5~t7 through 290.58Q,
inclusive., o.f the Revised Statutes of ll~issouri, and snail timely pay to the proper parties all
amounts -due for material, inaclirtei'y, cquptnent and tools, aotrsu:ttted or used in connection with
the constmction of such Work, :and all insurance premiums, workers' ,compensation, and all other
kinds of insurance, on such Work,-and .for ~ iabar peifortned irra such Work whether Uy
Principal, subcontcactor> ~r.ot~etwise, teen this obligation 3o bt void, otherwise to remain in full
force and effect, :and the same'may be sued on ~t t'It6 instance Qf any subcontractor, :material
supplier, laborer, smechanc, ;or ~th~ interested laarty, an the natne of~he?City o'f Riverside, to the
use of such parties., .for atry l7reseh of the ebnsisierations'hereof. Sursety hereby stipulates and
agrees that no change, extension of -lima, alteration :or -addition Ito the terrrls of the Contract
Documents or to the-Work to be performed thereunder shall 'in anywise si'€eet its ob+ligaton on
Exhibit C
Page-3
~. t .. T 1
o'b7igation on this Bond, and'it ~lnas'b~r• waist n>ztion enf att~+ S~Gh cbarige, >extension of ttrie,,
siteration .or addition to filae'~CS ,cY,f the ~r3~t~i ~onu~tents ~r to the 'AVpYk.
•• H & H Septic Service, Tnc,
„,,,
Cry
..+ r
CE(ABYUFC
Printed I~ ~s. vJrs Y _- ~ ~~~-,
3~Ctit: rc ,'
ID.atc:
Printed ~Tarne; Kathy. L. Fagan
'I'`ifle: Attorney-in-Fact
--•---.-.--~-w---
TJatB: October 5.,.2006. __
Western Sure Company
+~'~ '; /.
r
(i ;~~ .:
The Signatory of Suety has attaolted 3~ereto a3s proof of auth~ri2atinn to bind Surety to tlxs
obigation.
Exhibit C Page-2
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Mao By These Presents, That WESTERN SURETY COMPANY, a Soutli Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Fells, and State of South Dakota, and that it does by virtue of the signature and seal herrin affixed hereby
make, constitute and appoint
Sarie Ann Garrett, Edward G O'Malley, Diana L McAnally, Jerry E Fallen, Kathy L Fagan,
Individually
of Shawnee Mission, ICS, iffi true and lawful Attomey(s}in-Fact with full power and authority hereby confemed to sign, seal and execute for and on its
behalfbonds,undertakingsand otherobligatoryinstrumenffiof similarnature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instmmenffi were signed by a duly authorized officer of the corporation and all the acts of said
Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 3rd day of December, 2003.
State of South Dakota 1
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County of Minnehaha
WESTERN SURETY COMPANY
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/ ~ Paul . Bmflat, Senior Vice President
On this 3rd day of December, 2003, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Fells, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instmment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
Mycommissionexpires fti..~.titi4~x,44r4~~N,M.•tih~,hrM ~
f D. KRELL +
November 30, 2006 f/®'~NOTARY PUBLIC/~:1; ,
r SOUTH ppl(C~p i
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. ICre , No ry Public
CERTn+ICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hercinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse^hereo~Af-is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this _day of ! , J l~'D ~/1. , ~y17 L
*+' WESTERN SURETY COMPANY
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~, - ~ - t. L. Nelson, Assistant Secretary
Form F4280-01-02 ~'~"~""-"•"" -
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