HomeMy WebLinkAbout2005-025 - Construction Contract with Seal-O-Matic Paving CompanyBILL N0.2005-25 ORDINANCE N0.2005-25
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSTRUCTION CONTRACT WITH SEAL-O-MATIC PAVING COMPANY
FOR THE NW HIGH DRIVE PAVING PROJECT IN THE CITY OF
RIVERSIDE, MISSOURI
WHEREAS, the City of Riverside, Missouri ("Cit}~') desires to engage the
services of a contractor to perform construction services in connection with the NW High
Drive Paving project and;
WHEREAS, the City advertised and received multiple bids for the NW High
Drive Paving project, and
WHEREAS, at its March 15, 2005, meeting the City's Boazd of Aldermen did
approve the bid of One Hundred Ninety-Nine Thousand Seven Hundred Forty-Five
Dollars and Ninety Five Cents ($199,745.95) for the construction services; and
WHEREAS, Seal-O-Matic Paving Company 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 Seal-O-Matic Paving Company to
perform the construction services, and shall pay to Seal-O- Matic Paving Company an
amount not to exceed One Hundred Ninety-Nine Thousand Seven Hundred Forty-Five
Dollazs and Ninety-Five Cents ($199,745.95) 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 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 Mazch, 2005.
TTE
City Clerk
Ma ar
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AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
SEAL-O-MATIC PAVING COMPANY
FOR
COMPLETION OF
HIGH DRIVE PAVING PROJECT
MILLING OF EXISTING ASPHALT PAVING AND THE INSTALLATION OF NEW PAVING
AND THE CONSTRUCTION OF NEW SIDEWALK ON ABOUT 1,800 LF OF NW HIGH DRIVE
CONTRACTOR: SEAL-O- MATIC PAVING COMPNAY
CONTRACT NO.: 330-523-00-30-OS-OS
CONTRACT PRICE: $199,745.95
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CONTRACT NO. 330-523-00-30-OS-OS
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
HIGH DRIVE PAVING PROJECT
MILLING OF EXISTING ASPHALT PAVING AND THE INSTALLATION OF NEW PAVING
AND THE CONSTRUCTION OF NEW SIDEWALK ON ABOUT 1,800 LF OF NW HIGH DRIVE
THIS AGREEMENT, made and entered into as of the day of 005, by and between the
City of Riverside, Missouri ("City"), and SEAL-O- TIC PAVING OMPANY (Contractor"), shall
govern all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No. 2005-25 duly approved March 15, 2005, and by
virtue of the authority vested in City by the general ordinances of City, intends to enter into one or more
contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the
City Administrator ("Administrator's is authorized to perform Administrator's functions set forth in this
Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist
Administrator in performing Administrator's functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials,
supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work,
in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and considerations herein contained, TT 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
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
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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 ONE HUNDRED NINETY-NINE THOUSAND SEVEN HUNDRED FORTY-
FIVE Dollars and NINETY-FIVE Cents ($199,745.95). 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. 2005-24 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 two-hundred seventy (270) 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, 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-alI 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 E below and Article XIII of this Agreement under all
circumstances described in Paragraph E and Article XIII, including but not limited to Contractor's failure to
achieve Substantial Completion in accordance with any schedule date or completion or 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 confornuty 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.
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
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1. This AGREEMENT BETWEEN C1TY OF RIVERSIDE AND CONTRACTOR
2. SCOPE OF WORK (Exhibit A to this Agreement)
3. The SPECIFICATIONS & DRAWINGS referred to inExlu'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
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 r-eceipt of -payment fiom-City, -Contractor shall pay all --
subcontractors and suppliers to whom payment is owed from the amount paid to Contractor.
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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. 2005-25. 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 deternuned by Administrator, shall be withheld until such items are completed.
G. Contractor shall not be entitled to final payment for the Work until Contractor submits
an application for final payment, all requirements of the Contract Documents are complied with, and
Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of
Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this
Agreement.
H. Acceptance of final payment by Contractor shall release City from all further
obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for
final payment as claimed by Contractor. All claims not identified in the application for final payment are
waived.
I. City may withhold final or any other payment to Contractor on any reasonable basis,
. including but not limited to-the following: -- - - - - - - - - - - - - - - - - -- -- - --
1. Unsatisfactory job progress,
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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,
including social security, old age and unemployment insurance, fiinge 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-ofhand-tools,-whetherr-ented-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.
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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 fmal 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 deternunation of any
increase or decrease in the amount of time and money for the performance of the Work, shall excuse
Contractor from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VI
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work, maintain not
less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City, against claims for damage
to property and/or illness of, injury to, or death of any person or persons related to or
arising out of the Work. Such coverage shall have not less than the following limits:
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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
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 Wor-k 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
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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
INDEIVINITY
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
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.
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ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify and hold hannless 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 fmal payment to Contractor, Contractor shall maintain, in accordance
with generally accepted accounting principles, such records as are necessary to substantiate that all
applications for payment hereunder were valid and properly chargeable to City. For lump sum contract
Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of
completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not
charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all
contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records,
canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon
reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during
normal business hours to verify the accuracy of Contractor's invoices and charges.
ARTICLE XII
- - - - - _ - - - - -NOTICES - - - - - - - _
A. The following persons are designated by the respective parties to act on behalf of such
party and to receive all written notices and Payment Applications:
11
i' 1 n 11' 1. . T ~
For Citv:
David Blackburn
City Administrator
City of Riverside, MO
2950 NW Vivion
Riverside, MO 64150
For Contractor:
Michael H. Jaben
President
Seal-O-Matic Paving Company
2601 NW Tullison Road
Riverside, MO 64152
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.
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
12
T ... .l 11 1i ~ . _ j 1
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 detemuned later to have been improper, the ternnation automatically shall be converted to a
termination for City's convenience, and City's obligation to Contractor shall be limited to payment to
Contractor as provided in this Article XIV.
ARTICLE XV
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, .ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure
all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
- include- (a) a signed statement; in -form acceptable to -City; showing; for-each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security number,
occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such
worker, the number of hours worked each day, the total hours worked during the payroll period, the gross
13
~,. ~. .i n 1f 1 ' ~ _ j ~,.
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 maybe accepted by City at any
time, whether before or after fmal 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.
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 nori-compliance, City may implement cleanup measures without further notice and
deduct the cost from any amounts due or to become due Contractor,
14
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 cant' 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 Documents, and does not limit the time allowed by law for any
action for breach of such obligation.
ARTICLE XX
STORAGE OF MATERIALS AND EQUIPMENT
Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the
Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed
from the Project site. Protection of construction materials and equipment stored at the Project site from
weather, theft, and all other casualty or damage is solely the responsibility of Contractor.
ARTICLE 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.
15
T. .. , .l n "li I . .. 1 1
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.
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 .. _ _.
" - o er Contract Documents.
16
T ... .1 ¶ Vii. ~ . i _ T ~,.
ARTICLE XA'VII
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.
17
R. .. ,T ,. n Vii. ~ . .. T ~
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 XA'VIII
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 ~~IX
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
/6
~ .. .T ¶ ~,. ~ . .. T 1..
CITY OF RIVERSIDE
BY~- ~ ~i.t.r~
MAYOR
ATTES
C TY CLERK
(Contractor)
By: ~~
(Signature)
Printed Name:
Title: President
r. ... , .T n .r,. ~ , .r r.
EXHIBIT A -SCOPE OF WORK
Contractor shall perform the following Work:
NW HIGH DRIVE PAVING PROJECT- MILLING OF EXISTING ASPHALT PAVING AND THE
INSTALLATION OF NEW PAVING AND THE CONSTRUCTION OF NEW SIDEWALK ON
ABOUT 1,800 LF OF NW HIGH DRIVE
19
~.. .. , .T n if i 1 . ~ ~,
EXHIBIT B -SPECIFICATIONS AND DRAWINGS
The following Specifications govern Contractor's performance of the Work:
20
Incorporated
2601 N.W. TULLISON • P.O. BOX 9037 • RIVERSIDE, MISSOURI 64168 • TELEPHONE (816) 741-2646 • FAX (816) 741-2711
1-Mar-05
NW HIGH DRIVE RECONSTRUCTION -FROM fi35 OVERPASS TO 150' NW OF VIVION ROAD
Amended Bid Form 2/28/05
rTC\A nCC!`D IDTI/'~AI t11 IAAITITV I IAIIT I IIJIT r`nCT Tr1TAl rnST
1 Excavation &Com action 772 CY $21.19 $16,356.68
2 As halt Millin 6055 SY $3.00 $18,165.00
3 T e 3 As haltic Concrete Surface 2" 6055 SY $4.77 $28,882.35
4 T e 1 As haltic Concrete Base 6' 6055 SY $11.00 $66,605.00
5 Sidewalk 7410 SF $5.80 $42,978.00
6 ADAAG Rams 8 EA $1,010.00 $8,080.00
7 16' X 12' Drivewa Entrance T V 312 SF $9.91 $3,091.92
8 Move Mail Boxes 1 LS $3,000.00 $3,000.00
9 Stri e & Traffic Control 1 LS $7,585.00 $7,585.00
10 Soil Erosion Control 1 LS $5,000.00 $5,000.00
11 TOTAL LUMP SUM AMOUNT 5199,745.95
1L VVKII ICIV LUM .7VM /1MVVIYI
One Hundred, Ninety Nine Thousand, Seven Hundred Forty Five 95/100
Each unit price includes all mobilization costs, overhead 8r profit
Bidder acknowledges that this is a Lump Sum Bid and the estimated quantities are solely
for the purpose of comparison of bids for owners reference. Bidder is responsiable for
actual quantities.
Company Name :. Seal-O-Matic Pavin Com an ,Inc.
Address: 2601 NW Tullison Road, Riverside, MO 64150
Phone No.: 816-741-2646 Fax No.: 816-741-2711
Name & Title: Michael H. Jaben /President
Signature: /~~ ~~ ~-
T. .. , .T 1< .~i. i . _ ~ ~.
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.54-149212
AlA Document A392
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Seal-O-Matic Paving Company, Inc. United Fire & Casualty Company
P.O. Box 9037 P. O. Box 73909
Riverside, MO 64168 Cedar Rapids, IA 52407-3909
OWNER (Name and Address):
City of Riverside
2950 NW Vivion
Riverside, MO 64150
CONSTRUCTION CONTRACT
Date: March 18, 2005
Amount: ($ 199,745.95 )One Hundred Ninety Nine Thousand Seven Hundred Forty Five Dollars and 95/100
Description (Name and Location): High Drive Paving Project -Contract No. 330-523-00-30-05-OS
BOND
Date (Not earlier than Construction Contract Date): May 4, 2005
Amount: ($199,745.95 )One Hundred Ninety Nine Thousand Seven Hundred Forty Five Dollars and 95/100
Modifications to this Bond: ®None O See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (corporate Seal) Company: (Cor orate Seap
Seal-O-Matic~P/av~ing Com~panpy, Inr.. United Fire pa
Signature: rF ~ ~.M~`-"`t~ L Signatur -
Name and Title: Name and it e: Kel .Watson
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Cretcher-Lynch & Co. other party):
8511 Hillcrest Road
Kansas City, MO 64138
816-444-9494
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction 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 in 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 Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Suretv to be
held nut later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. if the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason•
able time to perform the Construction Contract, but
such an agreement shall not waive the O+vner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 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 io a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract: or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, 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 O++•ner the
amount of damages as described in Paragraph 6 in ex-
cess 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
reasonable 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 deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notif}~ 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
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce an+•
rnmedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, anti the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Suretv
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the 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 mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting 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 dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations 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, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within tuo years after Contractor
Default or within t+vo years after the Contractor ceased
working orw•ithin two years after the Surety refuses or fails
to perform its obligations under this bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 • PERFORMANCE OOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA 3~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1967
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to theSurery,theOwnerortheContractorshall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, 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 bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contractor 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 SURETY
Company: (Corporate Seal) Company: (Corporate Seap
Signature:
Name and Title:
Address:
Signature: _
Name and Title:
Address:
AIA DOCUMENT A532 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA .ID
THE Ah1ERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312.1984 3
T. ... .T n ~,. 1 T ~
UNITEp FIRE & CgSUALTY`COMPANY
HOME<OFFICE -CEDAR RAPIDS, IOWA
CERTIFIED COPY OF.POWER.OF ATTORNEY
(Original or`file at Home Office of Company - See Certification)
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 54-149212
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Seal-O-Matic Paving Company, Inc.
P.O. Box 9037
Riverside, MO 64168
OWNER (Name and Address):
City of Riverside
2950 NW Vivion
Riverside. MO 64150
CONSTRUCTION CONTRACT
Date: March 18, 2005
Amount: (5199,745.95 )One Hundred Ninety Nine Thousand Seven Hundred Forty Five Dollars and 95/100
Description (Name and Location): High Drive Paving Project -Contract No. 330-523-00-30-05-05
SURETY (Name and Principal Place of Business):
United Fire & Casualty Company
P. O. Box 73909
Cedar Rapids, IA 52407-3909
BOND
Date (Not earlier than Construction Contract Date): May 4, 2005
Amount: (5 199,745.95 )One Hundred Ninety Nine Thousand Seven Hundred Forty Five Dollars and 95!100
Modifications to this Bond: ®None ^ See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seaq
Seal-O-Matic Paving Company, 'In .
Signature: _~_ '- ~/"
Name and Title:
SURETY
Company:
United Fire
Name and Title: Kelly Watson
Seal)
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Cretcher-Lynch & Co. other party):
8511 Hillcrest Road
Kansas City, MO 64138
816-444-9494
AiA DOCUMENT A314 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 7984 ED. • AIA
THE AMERIGN INSTITUTE OF ARCHITECTS, 7735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 7987
A312.1984 4
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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 and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void it the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 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 pay-
ment, directly 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
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Chwner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished 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 furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly 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 ~ 2) 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 previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient Compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense 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,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange 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 the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds 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 unrelat-
ed 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 obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction 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
Subparagraph 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 furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, 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
AIA DOCUMENT A312 • ee RFORMANCE BOND AND PAYMENT BOND • DECEMBER 198a ED. • Alns
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 10006
THIRD PRINTING • MARCH 1987
A312-1984 5
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Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish 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 orwith a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, poever, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor 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 SURETY
Company; (Corporate Seab Company: (Corporate Seal)
Signature: _
Name and Title:
Address:
Signature: -
Name and Title:
Address:
AIA DOCUMENT A31] • PERFORMANCE BOND AND PAYMENT BOND • DECE~~IBER 1984 ED. •AIA ~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W„ WASHINGTON, U.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 6
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UNITED FIRE, 8
By
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orany other officer of"the Company may;
United Fire Group
Fidelity & Surety Department
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
SURETY BONDS
You should know that, effective November 26, 2002, any losses sustained by the surety
caused by certified acts of terrorism would be partially reimbursed to the surety by the
United States under a formula established by federal law. Under this formula, the United
States pays 90% of covered terrorism losses exceeding the statutorily established
deductible paid by the surety providing the coverage. The portion of your bond premium
that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are
added for terrorism coverage in future surety products you purchase, you will be able to
make a coverage election for a then specified premium charge.
The existence of the federal terrorism insurance program does not affect the obligations
you assume in the indemnity agreement.
HOb1E OFFICE: 118 Second Ave. SE, PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425
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