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HomeMy WebLinkAboutR-2020-112 Awarding Bid for IT Room Cooling Unit Upgrade Project to P1 Group, Inc. RESOLUTION NO. R-2020-112 A RESOLUTION AWARDING THE BID FOR IT ROOM COOLING UNIT UPGRADE PROJECT AND APPROVING THE AGREEMENT BETWEEN THE CITY AND P1 GROUP, INC FOR SUCH PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS THAT the proposal of P1 Group. Inc. for the IT Room Cooling Unit Upgrade Project in the amount of $66, 988.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and P1 Group, Inc., in substantially the same form as attached hereto and incorporated herein by reference, is hereby authorized and approved, and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside Missouri the day of December 2020. Kat leen L. Rose, Mayor ATTEST: Robin Ki,nozid. City Clerk Public • Dept. Memo To: Brian Koral and Board of Aldermen From: Tom Wooddell CC: Date: 12/01/2020 Re: City of Riverside IT Room Cooling Unit Project Bid Selection Pursuant to the City Code Section 135.100 Lowest Responsible Bidder considerations 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required? The P-1 Group is able to provide the install the service, however; SGI has performed commercial HVAC services per their references but none similar to this project. P1 Group has performed similar projects and proven their skill with other projects with the City. 2. Whether the bidder can perform the contract or provide the service promptly, or within the time specified,without delay or interference. Both bidders can provide the install service as outlined in the contract, however: pre-contract selection and decisions will be addressed more promptly and concisely by P-1 Group as they followed contract instruction and visited the site to insure that they could perform the install service according to the contract without delay or interference. 3. The character, integrity, reputation,judgment, experience and efficiency of the bidder. The City has no knowledge of the above listed traits for SGI. P-1 Group has performed multiple HVAC and Liebert cooling unit service requests over the last eight years and recently replaced five RTU's at the Community Center. They have performed routine maintenance on the Liebert IT room cooling unit and provide the City with HVAC preventive and emergency services when needed. Working with them has provided the City with history and knowledge of the listed traits that have been clearly demonstrated in the past. 4. The quality of the performance of previous contracts or services. SGI has not performed any projects for the City. They listed 13 HVAC projects 2019-2020 however. none included installation of the specific equipment outlined in the contract"Liebert Cooling Units" in an IT/server/data room environment. P-1 Group has performed work for the City with satisfactory results in past contracts. 1 S. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. No history with SGI. P-1 Group has complied with all laws and ordinances for the City on past projects. 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. Project contract provides both bidders must be financially responsible. 7. The quality, availability of the bidder and adaptability of supplies or contractual services to the particular use required. Having performed work and projects for the City, P-1 Group would be qualified. 8. The ability of the bidder to provide the future maintenance and service for the use of the subject of the contract. P-1 Group would be more qualified. They perform service on the existing unit and currently perform all major HVAC maintenance. 9. The number and scope of conditions attached to the bid. SGI did not refer to the specified equipment outlined in the scope of the contract.in there bid. P-1 Group complied. 10. Lowest bid price. SGI -is the low bidder at$57,865.00 P-1 Group-$66,988.00 Do to the dynamic expectations, site demands and concise communication and without the need to hire an outside HVAC project consultant for this technical IT cooling room project, the City would be better served by the vendor P-1 Group. 0 Page 2 LIEBERT/CRAC RELEVANT ► rr , EXPERIENCE P1 Group,Inc. 1.11 P1 Group developed a solution to bring NWS building mechanical systems up to government agency standards.P1 replaced 97 fan- powered VAV's,installing a new Building Automation System with integration to existing and new equipment,replaced(13)Rooftop Units,(4)Liebert CRAC Units,and(2)humidifier steam generators.The project had an aggressive timeline and the majority of the work was completed in 10 days with minimal interruption to the daily I a -• operations of NWS and NOAA. 1 1 1 ► � ► ► r � r r ► � r r ► P1 Group assisted the customer with replacement of a CRAC that was at the end of its useful life.This was a direct replacement of a 20-ton Liebert unit.P1 completed the necessary piping,duct,electrical,and f controls modifications for installation of the new unit. I . f LIBERTY r ' r ► r ► REPLACEMENT r ► P1 Group replaced(2)20-ton Liebert CRAC units,ducting new units to a plenum return and underfloor supply.P1 installed rails for condensing units in the roof,and provided new copper refrigerant piping between condenser and evaporators.The work was performed with no down time to IT equipment within the space. �!s P1 Group,Inc. 13605 W.96th Terrace Lenexa,KS 913-529-5000 P1Group.co AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: PI Group, Inc. FOR COMPLETION OF IT ROOM COOLING UNIT UPGRADE PROJECT ORDINANCE / RESOLUTION NO.: CONTRACT PRICE: $66,988.00 i AGREEMENT Bl, TWEEN CITY OF RIVERSIDE AND CONTRACTOR THIS AGREEMENT, made and entered into as of the 15 i day of 20.-JD , by and between the City of Riverside, Missouri ("City"), and P1 Group, Inc. ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall have the respective meanings set forth below. Any capitalized terms used but not defined in this Agreement shall have the meanings given to such terms in the other Contract Documents. A. "Administrator"has the meaning set forth in the recitals of this Agreement. B. "Application for Payment" has the meaning set forth in Article VI, Paragraph A of this Agreement. C. "City"has the meaning set forth in the preamble of this Agreement. D. "Change Order" means a change to the Project, which has been approved in accordance with the terms of this Agreement, specifically including, without limitation, the requirements set forth in Article VII of this Agreement. E. "Contract Amount"has the meaning set forth in Article III,Paragraph A of this Agreement. F. "Contract Documents" has the meaning set forth in Article V, Paragraph A of this Agreement. G. "Contractor"has the meaning set forth in the preamble of this Agreement. H. "Notice to Proceed"has the meaning set forth in Article IV,Paragraph A of this Agreement. 2 I. "Project" means the building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. The Project may also include construction by City or others. J. "Resident Project Representative" means the following employee of the City of Riverside who shall manage the Project on behalf of the City: Mike Duffy, Director of Community Development. K. "Subcontractor"means a person, firm or corporation supplying labor and materials or only labor for the Work for, and under separate contract or agreement with,the Contractor. L. "Substantial Completion" means the stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. M. "Work"or"Work on the Project"means work to be performed at the location of the Project, including the transportation of materials and supplies to or from the location of the Project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in the Scope of Service as contained in the Request for Proposal, including the specifications for the equipment contained therein,and the other Contract Documents,in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. C. The Public Works Director shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and Work performed,and shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Resident Project Representative may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Resident Project Representative will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Resident Project Representative will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. 3 D. Contractor may be furnished additional instructions and detail drawings by the Resident Project Representative, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract drawings, and the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of$66,988.00. This amount shall include all costs,permit fees,profit,overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. If applicable, the Contract Amount is subject to final determination of Work performed at unit prices set forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of unit price Work set forth in Contractor's Bid for Unit Price Contracts are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and(2)final payment for all unit price items set forth in Contractor's Bid for Unit Price Contracts will be based on actual quantities as determined by City. The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the Project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent (10%) of the amount set forth in Contractor's Bid for Unit Price Contracts IN ADVANCE of performing the Work. Any increase in quantities of materials or Work performed as a result of over-excavation by Contractor will not be compensated. C. Payment of the Contract Amount shall be full compensation for all labor, services, materials,supplies,tools,equipment,supervision,management,and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the Contract Amount. The Work set forth in the Contract Amount shall be itemized in Contractor's Bid for Unit Price Contracts. All Work not specifically set forth in Contractor's Bid for Unit Price Contracts as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes and compensation of every kind in connection therewith are included in the Contract Amount set forth in Contractor's Bid for Unit Price Contracts. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK,NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO 4 PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT. ARTICLE IV PROGRESS OF WORK/SUBMITTALS A. COMMENCEMENT OF WORK.The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof, no later ten 10) working days from Notice to Proceed. The Contractor will proceed with the Work at such rate of progress to ensure Substantial Completion within the contract time. It is expressly understood and agreed,by and between the Contractor and the City,that the contract time to achieve Substantial Completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work.No extensions will be granted,except in case of unusual(unseasonable)weather conditions or additional work requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays, holidays,or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. D. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents. E. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time,the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to 5 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. F. SUSPENSION OF WORK. The City may suspend the Work or any portion thereof for a period of not more than ninety(90)days or such further time as agreed upon by the Contractor,by written notice to the Contractor which shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension G. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner,ready for use, occupancy or operation by the City. In case of conflict between the drawings and specification,the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Resident Project Representative in writing,who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. H. SHOP DRAWINGS. If applicable, Contractor shall submit to Resident Project Representative for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the Work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Resident Project Representative. Review of any Contractor submittal shall not be deemed to authorize deviations,substitutions,or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation,substitution,or change. When submitted for the Resident Project Representative's review, any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review by Resident Project Representative any shop drawings, samples,product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. Resident Project Representative's review does not relieve Contractor from responsibility for defective Work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the Resident Project Representative. I. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any 6 nature,and all other services and facilities of any nature whatsoever necessary to execute,complete,and deliver the Work within the specified time. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Resident Project Representative. Materials, supplies or equipment to be incorporated into the Work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. J. INSPECTION AND TESTING OF MATERIALS. If applicable, all materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. The City shall provide all inspection and testing services not required by the Contract Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected,tested or approved by someone other than the Contractor, the Contractor will give the Resident Project Representative timely notice of readiness. The Contractor will then furnish the Resident Project Representative the required certificates of inspection, testing approval. Inspections, tests or approvals by the Resident Project Representative or others shall not relieve the Contractor from the obligation to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative and the City's representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all Work,materials,payrolls,records or personnel,invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof. If any Work is covered prior to inspection by the Resident Project Representative it must, if requested by the Resident Project Representative, be uncovered for the Resident Project Representative's observation and replaced at the Contractor's expense. If the Resident Project Representative considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Resident Project Representative's request,will uncover,expose or otherwise make available for observation, inspection or testing as the Resident Project Representative may require, that portion of the Work in question, furnishing all necessary labor, materials, tools and equipment. K. CORRECTION OF WORK. The Contractor shall promptly remove from the Project site all Work rejected by the Resident Project Representative for failure to comply with the Contract Documents, whether incorporated in the construction or not,and the Contractor shall promptly replace and re-execute the Work in accordance with the Contract Documents and without expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. All removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected Work within ten(10)days after receipt of written notice,the City may remove such Work and store the materials at the expense of the Contractor. L. SUBSTITUTIONS. If applicable, whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacitates, quality and function shall be considered. The Contractor may recommend the substitution of material,article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the opinion of the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and in such event the Contract Documents shall be modified by Change Order.The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. M. SURVEYS, PERMITS AND REGULATIONS. If applicable, the Contractor shall carefully preserve bench marks,reference points and stakes and,in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. Permits and licenses of temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits,licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the Work. N. SUBSURFACE CONDITIONS. If applicable, the Contractor, before bidding the Project, has the responsibility to become familiar with the Project site and the conditions under which Work will have to be performed during the construction period. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for,performance of the Work,the Contract Documents may be modified by Change Order as provided in Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the required written notice has been given; provided that the City may, if the City determines the facts so justify consider and adjust any such claims asserted before the date of the final payment. O. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the Work. The Contractor will be solely responsible for the means,methods,techniques, sequences and procedures of construction. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The 8 supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, are hereby incorporated into this Agreement, and form the entire agreement between City and Contractor, and are referred to as the Contract Documents: 1. Request for Proposal—IT ROOM COOLING UNIT UPGRADE PROJECT 2. Response to RFP (13 pages) 3. AFFIDAVIT OF WORK AUTHORIZATION 4. NOTICE TO PROCEED 5. APPLICATION FOR PAYMENT FORM 6. CHANGE ORDER FORM 7. CERTIFICATE FOR SUBSTANTIAL COMPLETION 8. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative,and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment in accordance with the terms hereof in substantially the form attached hereto as an Exhibit (an "Application for Payment"), Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each Application for Payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the Resident Project Representative. In addition to the amount of payment requested in the Application for Payment, each Application for Payment shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received 9 to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier.An Application for Payment shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application for Payment include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Application for Payment, or return the Application for Payment to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen(15) days of its receipt of payment from City, Contractor shall pay all Subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Resident Project Representative and Administrator. Resident Project Representative shall review each Application for Payment and certify for payment such amounts as Resident Project Representative determines are due Contractor. From the total amount certified, City shall withhold five percent(5%)as retainage until final completion and acceptance of the Work. The five percent (5%) retainage may be reduced by Change Order if final completion and acceptance of the Work is delayed due to unforeseen circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved, the remaining retainage shall be an amount equal to or greater than 200% of the estimated amount necessary to complete the Work. D. The City Treasurer,upon presentation of an Application for Payment, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. E. Neither Administrator or Resident Project Representative's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. F. With each Application for Payment, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments,in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The Subcontractors'and suppliers'receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for Work performed or materials supplied included on any previous Application for Payment to City from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits a final Application for Payment, all requirements of the Contract Documents are complied with, and Resident Project Representative issues his or her certificate to that effect. City, within thirty(30) days 10 after the delivery of the 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 final Application for Payment as claimed by Contractor. All claims not identified in the final Application for Payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to Subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or Subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall,at the request of City,furnish satisfactory evidence that all obligations to Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay Subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay Subcontractors and suppliers directly. Any payments made to Subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Agreement. ARTICLE VII CHANGES/CLAIMS A. City,without invalidating this Agreement,may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition,deletion,or other change without a written order.No oral direction or order shall constitute authority for Contractor to proceed with any addition,deletion,or other change. If Contractor undertakes 11 any addition,deletion,or other change without a written order from City,Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for Unit Price Contracts,by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change. C. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance.No course of conduct or dealings between the parties,nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City,an employee,officer,or agent of City,or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. 12 H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City, its employees,officers, and agents,and any architects,engineers,or other design professionals engaged by or on behalf of City against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall name the City, together with its employees and officers, as an additional insured and have not less than the following limits: a. Each occurrence $3,000,000.00 b. General aggregate $3,000,000.00 c. Products/completed operations aggregate $3,000,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and deliver to the City for operations of the Contractor of any Subcontractor in connection with execution of the agreement Owner's Protective Liability insurance in the same minimum amounts as required for Commercial General Liability Insurance above. 3. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City,its employees,officers,and agents,and any architects,engineers,or other design professionals engaged by or on behalf of City against claims for bodily injury and/or property damage arising out of the ownership or use of any owned,hired,and/or non- owned vehicle and shall include protection for any auto, or all owned autos, hired autos,and non-owned autos. The coverage shall have not less than a combined single limit of$3,000,000.00 for each accident. 13 4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY-This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason,may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "A-" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and(2)provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by Work included in the products/completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than one(1) year after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, Subcontractors,and suppliers.This insurance shall be written as a Builder's Risk/Installation Floater"all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, Subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph,except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction 14 (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted,each Subcontractor,or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven(7)days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo,Contractor must post in a prominent and easily accessible place at the Work site a clearly legible copy of the following: (1)the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall,under Section 285.234 RSMo be liable for a penalty of$500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees,arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable,regardless of whether such claim,damage,loss,or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier,or anyone directly or indirectly employed by them or for whose acts they may 15 be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE X RESERVED ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person,other than a bona fide employee working for Contractor,to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover,the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly,by or on behalf of Contractor to or for the benefit of any officer,employee,or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion,to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any part hereof.No officer, employee, architect, attorney,engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive,supervisory,or other similar functions in connection with the construction of the Project,shall become directly or indirectly interested personally in this Agreement or in any part thereof,any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two(2)years after final payment to Contractor,Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all Applications for Payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to Subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts,subcontracts,material bills,correspondence,accounting records,time 16 sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Applications for Payment: If to the City: If to the Contractor: Tom Wooddell, Public Works Director Name: 2950 NW Vivion Rd. Title: City of Riverside Missouri Street Address: Riverside, MO 64150 City, State Zip: twooddell@riversidemo.com Email: B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to the other party at the address set forth herein,or delivered in person to said party or their authorized representative. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply,becomes unable to comply,or with reasonable probability(as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision,sufficient materials or services(including but not limited to insurance and bonds)complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any other right or remedy City may have,terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the City may deem expedient to correct the default, 17 at Contractor's expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the difference to the City. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site,en route to the site,or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision,materials,tools,equipment, services,overhead,travel,and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages,and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor,the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Resident Project Representative and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all Work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of(1)defective Work not remedied, (2)claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material 18 or labor,(4)a reasonable doubt that the Work can be completed for the balance then unpaid,(5)damages to another contractor, or (6) performance of Work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary,City may,at any time,for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop Work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed Work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper,the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for Work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number,occupation,and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVII LABOR STANDARDS PROVISIONS A. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment 19 in the state has exceeded five percent(5%)as measured by the United States Bureau of Labor Statistics) only Missouri labors(persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract,except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. B. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any Subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the Work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. C. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the Work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion,or transfer;recruitment,or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE XIX SUBCONTRACTS,ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, Subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. 20 C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors,and of person either directly or indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Agreement shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right enter into other contracts in connection with the Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the Project or the City may enter into other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the Work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. 21 B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times, during performance of the Work,keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. The Contractor shall guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of completion and acceptance of the Work. The Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the Work that the completed Work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all Work in this Agreement. Contractor shall promptly make such corrections as may be necessary be reason of such defects including the repair of any other damages that were caused by defects in the Work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other Work that may be necessary by such defects,the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the Work and damage caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. Neither final payment, Engineer's Final Certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. 22 ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities,or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the Project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to(1) employees and other persons at the Project site or who may be affected by the Work, (2)materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the Work,all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of its prosecution of the Work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten(10)hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be 23 on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty(60)days after the date Work on the Project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform Work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. 24 ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX PAYMENT BOND Simultaneously with delivery of the executed contract, the Contractor shall furnish a payment bond for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall have a rating of at least"A-" from Best's in an amount equal to one hundred percent (100%) of the contract price that does not include the cost of operation, maintenance and money. Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. (Required if costs exceed $50,000 only.) ARTICLE XXXI SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXXII NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against the City shall be made because of the City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise,the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. 25 ARTICLE XXXIV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation,the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein,and if through mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon the application of either party this Agreement shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXVI ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 26 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: A7TORNEY: By: Attorney, COUNTERSIGNED BY: CITY PURCHASING AGENT: By: Bri : E. o Ci Admini rator CITY OF RIVERSIDE: By: Ka leen L. Rose, Mayor C0NTRATOR: 1 > -1—(20, Al I E Printed Name: Title: Phillip Nehring Executive Vice President ATTEST: • Robin Kincai a , City Clerk NOTARY PUBLIC - State of Kansas RENEE GG My Appt. Exp. 27 exp -et. Mr 7 -AMS (Name Punted) INVITATION TO BID CITY OF RIVERSIDE IT ROOM COOLING UNIT UPGRADE PROJECT City of Riverside, Missouri October 21, 2020 1 CITY OF RIVERSIDE,MISSOURI ADVERTISEMENT FOR BIDS Sealed bids for the IT Room Cooling Unit Upgrade Project will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 a.m., on October 21,2020 and then publicly opened and read aloud at Riverside City Hall. Bid and Contract Documents may be obtained at Riverside City Hall, or on the City of Riverside's website, www.riversidemo.com. The City reserves the right to waive any informality or to reject any or all bids. 2 CITY OF RIVERSIDE, MISSOURI INFORMATION FOR BIDDERS The City of Riverside,Missouri(the"City")invites sealed bids for the IT ROOM COOLING UNIT UPGRADE PROJECT 1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m., on October 21, 2020 at which time all sealed bids will be publicly opened and read. The envelope containing the bids must be sealed, clearly marked on the outside of the envelope "IT ROOM COOLING UNIT UPGRADE PROJECT"and addressed to the City Clerk at Riverside City Hall. The City reserves the right to award the contract by sections,to accept or reject any and all bids,to waive any technicalities or irregularities therein,to negotiate further with the selected bidder,to determine in its sole discretion the lowest responsive and responsible bidder, and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for return of the bid packet submitted by filing a written request with the City Clerk prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof without forfeiture of the Bid Security,if applicable. 2. Refection of all Bids. If the City rejects all Bids, the City may: (1) re-advertise or re-solicit Bids following the City's normal bidding procedure;or(2)use an expedited Bid submission schedule when the City determines that the delay would not be in the best interest of the project or the City. BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION,AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. 3. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and accompanied by an Affidavit of Work Authorization,ualification of Bidder,Certificate of Good Standing, Bid Bond and Bid Form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures. On alternate items for which a bid is not submitted, a written indication of"no bid" on the bid form is required. No oral, electronic, facsimile or telephonic bids or alterations will be considered. CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 3 Bids by a corporation must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature. Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 4. Addenda and Interpretations: No interpretation of the meaning to the plans, specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to: Public Works Director, City of Riverside: Tom Wooddell; 816-741-3908; twooddellOMversidemo.com; and to be given consideration must be received at least five (5) calendar days prior to the date fixed for the opening of bids.Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Bid Documents which, if issued, will be available on the City's website. No one is authorized to make any clarifications, interpretations or modifications or give any instructions to the bidders during the bidding period except as described in this Section. 5. Substitute Material and Equipment: The contract, if awarded, will be on the basis of material and equipment described or specified in the specifications without consideration of possible substitute of"or- equal"items. Whenever it is specified in the specifications that a substitute"or-equal"item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the"effective date of the Agreement". 6. Subcontracts: The bidder shall submit to City with the Bid a list of all proposed sub-contractors to be used on the project. The list shall indicate those portions of the work each sub-contractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate which materials each supplier is furnishing. The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to manage or perform all of the Work required to be performed on the project by Contractor under the Agreement. 7. Oualifications of Bidder: The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by,or investigation of,such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. At a minimum, each Bidder must submit the following information with the Bid: Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification and good standing to do business in the State of Missouri or covenant to obtain such qualification prior to award of the contract. Statement of Assurances. Provide affirmation of the following items: • Statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments 4 • Statement that the Bidder has not been rescinded or debarred from any bidding, contractual,procurement or other such programs by federal state or local entities. • Statement of Bidder's litigation and/or arbitration history over the past seven (7) years including final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved. • Provide sworn affidavits as outlined in the Information to Bidders' concerning Bidder's participation in the federal work authorization program. • Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City,bid pooling or straw bids 8. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within 3 consecutive Calendar Days thereafter. 9. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 10. Laws and Regulations: The bidder's attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 11. Method of Award - Lowest Responsible Bidder: The contract will be awarded to the "lowest responsible bidder". If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination and in any order or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award,the City may add any or all of the Alternates to the Agreement by Change Order. The City may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment)proposed for portions of the work. The City prefers a bidder operating within the KC metro area. 12. Obligation of Bidder: At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to the bid submitted. On request, City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid. 5 13. Federal Work Authorization Program Participation: Bidders are informed that pursuant to Section 285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the successful bidder shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation if a federal work authorization program with respect to the employees working in connection to the contracted services. The affidavit shall further provide that the successful bidder does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 14. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States. Affirmative proof can be established through a Valid Driver's License; US Birth Certificate (certified with an embossed, stamped or raised seal issued by a state or local government — hospital certificates are not acceptable); US Passport (valid or expired); US Certificate of Citizenship, Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a state or local government. 15. Safety Standards and Accident Prevention.With respect to all work performed under this contract, the Contractor shall: Bidders are informed that the Project is subject to the requirements of Section 292.675, RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration("OSHA")or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date of work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty(20)days to produce such documentation. 16. Prevailing Wage. Wage rates for the project shall be not less than the prevailing wage rates for Platte County currently in effect as determined by the Division of Labor Standards of the State of Missouri,pursuant to RSMo 290.210 et seq. The Contractor will forfeit a penalty to the City of$100 per day, or portion thereof, for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or any Subcontractor. 17. American Products: Pursuant to RSMo 34.353, any manufactured good or commodities used or supplied in the performance of the contract (or subcontract) shall be manufactured or produced in the United States,unless determined to be exempt as provided in state law. 18. Transient Employers: Pursuant to RSMo 285.230, every transient employer (employer not domiciled in Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: 1)Notice of registration for employer withholding issued by the Missouri Director of Revenue,2)Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be liable for a penalty of$500.00 per day until such notices required by RSMo 285.230 et seq. are posted. 19. Current Cite Business License: The successful bidder,and all subcontractors,shall obtain a current city business license prior to beginning construction. 6 20. Sales Tax Exemption Certificate: The City will supply the Contractor with a Project Exemption Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing its bid, omit from its computed costs all sales and use taxes related to the purchase of materials or other tangible personal property incorporated into or consumed in the construction of the Project. 21. Non Discrimination and Equal Opportunity: Contractor shall ensure that all employees are treated equally without regard to their race, color,religion, sex,age,handicap or national origin. The City of Riverside is an equal opportunity employer and encourages minority, women and disadvantaged contractors to submit bids. 22. Insurance: Contractor shall provide certificate of insurance evidencing general commercial insurance coverage in an amount not less than $1,000,000, as well as workers' compensation in amount not less than the statutory amount. 23. Security for Payment and Faithful Performance. Simultaneously with delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall have a rating of at least "A-" from Best's in an amount equal to one hundred percent (100%) of the contract price that does not include the cost of operation, maintenance and money. Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 24. Signing of Agreement: When City gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten(10)days thereafter Contractor shall sign and deliver at least two(2)counterparts of the Agreement to City with all other Contract Documents attached and signed as required,together with the required bonds, evidence of insurance, city licenses and work authorization affidavit and documentation. Within ten (10) days thereafter City will deliver all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time after delivery of signed counterparts to Contractor. 7 EXHIBIT A—SCOPE OF WORK TITLE: RIVERSIDE IT ROOM COOLING UNIT UPGRADE PROJECT SCOPE OF WORK PHASE 1 —PHASE 2: The contractor shall provide all materials,labor,equipment, and supervision required to accomplish the following: Phase 1:Install New Daikin Minisplit Backup Cooling Sti stem • Install one new 3 ton wall mounted Daikin minisplit cooling system indoor unit above doorway of IT room. • Hoist and set Daikin condensing unit on roof next to existing Liebert cooling unit. • Install new refrigerant piping through existing chase and above ceiling to new unit. • Terminate refrigerant lines. • Install communication cable between indoor and outdoor unit. • Charge with new refrigerant. • Re-Caulk and seal all penetrations.Fire caulk where required. • Startup system and checkout and verify operation Phase 2: Replace Existing Liebert 3 Ton Unit with New Liebert 5 Ton Unit • Upon the Daikin minisplit is started and fully operational,the 3 ton Liebert will be taken off line. Refrigerant will be recovered from the unit per EPA guidelines and disposed of. • Disconnect existing power feed. • Hoist and haul off old Libert unit. • Hoist and install one new Liebert 5 Ton Variable Speed Mini Mate Unit. • Re-caulk and caulk all penetrations.Fire caulk where required. • New system will unload to 50%capacity • Install and secure new indoor unit with unistrut and all thread • Install new refrigerant piping for indoor unit to outdoor unit on roof • Insulate new copper piping • Install new electrical conduit and wiring for upsized unit to electrical room • Install new controller on indoor of IT room wall • Install new discharge air plenum to distribute airflow evenly in IT room space • Install new condensate pump with secondary catch pan drain • Install new float switch in secondary pan to shut off unit in case of overflow • Evacuate,Dehydrate and charge system with new refrigerant • Startup and verify operation of new system • Set up new Daikin minisplit backup system for backup operation if IT room temperature elevates above Liebert setpoint • Provide owner training • Clean up all work areas 8 Suecifications for Units: (ABSOLUTELY NO SUBSTITUTIONS ) • One New Daikin 3 ton Cooling System Model FTX36NVJU/RK36NMVJU • One New Liebert 5-ton unit Model MT060HEIAOD751: •Includes evaporator coil with rifled—copper tubing and lanced aluminum fins, o filter drier, thermal expansion valve, nitrogen holding charge, variable speed drive o electrically communicated(EC)fan,and filter clog switch •Liebert ICOM microprocessor control with audible and visible alarms •9"color touchscreen display •Room temperature display o IntellSlot for optional card based unit monitoring • One(1)Liebert Model PFD067A-AH1 Outdoor Prop-Fan Air Cooled Condensing Unit: 460V/3ph/6OHz a Variable Capacity Digital Scroll Compressor o High head pressure switch,Low Ambient Starting&Operation at-30-degrees (-34)degrees C Factory Installed Options Low-watt density Electric Reheat with a capacity of 11.2 kw Steam Canister Humidifier with a capacity of 8.0 lbs/hr.(3.6 KG/hr.) Locking Disconnect Switch,factory mounted and wired,with short-circuit current Ratting(SCCR)of 65,000 amps o IS-Unity-DP Card provides CMS mobile cloud access for remote visibility via the CMS mobile application,remote access to the unit level display via a private network utilizing the world—wideweb,(BMS)Building Management Systems access via BACnet/Modbus IP BACnet/net/Modbus 485 and SNmp vl,v2,v3.Card is factory installed SCHEDULING/ACCESS/SAFETY/SECURITY 1. Building will be occupied during installation of units. 2. To conduct a site visit the contractor shall contact the Public Works Director to gain access. 3. Work is to be performed during regular business hours 8am-5pm Mon.-Fri. Alternate work schedule request shall be submitted in writing by the contractor for approval by the Director of Public Works. 4. Hoisting area will be safety coned off and all vehicle and foot traffic shall be diverted from the lifting area. If ingress/egress into the building is in the danger zone of the lifting area overhead protection shall be provided by the contractor for pedestrian's safety. 5. Building is secured. Contractor and or contractor employees will be subiect to security background check before cleared to enter the building. 9 Notes: 1. Areas damaged by installation shall be repaired by and solely of the expense of the contractor. 2. The City reserves the right to add quantities for additional areas at designated City facilities under this contract. 3. Properly remove, haul, and dispose of all debris. The contractor shall not utilize City dumpster containers for disposal of job debris. 4. Include all manuals with warranty including contractor and supplier contact information. CONTACT TOM WOODDELL DIRECTOR OF PUBLIC WORKS 816-741-3908 TO SCHEDULE AN APPOINTMENT TO VISIT THE PROJECT LOCATION 8:00 AM - 3:00 PM MONDAY—FRIDAY PRIOR TO OCTOBER 15,2020. (No exceptions.) CONTRACTOR MUST PURCHASE A RIVERSIDE CITY BUSINESS LICENSE AND PROVIDE AN INSURANCE CERTIFICATE. 10 BID FORM Bid: Sixty-Six Thousand Nine Hundred Eighty-Eight Dollars (S 66,988.00 ) Dated on Monday this 12th day of October 2020 Contractor Executive Vice President Title (SEAL) /Project Coordinator Attested Title 13605 W 96th Terrace, Lenexa, KS 66215 Address 913.529.5000 Telephone Number 11 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (R'mue, legal.crcrttew grid uddr•es.%) (Name, legal stains acrd principal place of bnrnress) P1 Group, Inc. Federal Insurance Company This document has important 13605 W. 96th Terr. 202B Hall's Mill Road legal consequences.Consultation Lenexa. KS 66215 Whitehouse Station, NJ 08889 with an attorney is encouraged with respect to its completion or OWNER: modification. (Name, legal stalus and address) Any singular reference to Contractor,Surety,Owner or City of Riverside, Missouri other party shall be considered 2950 NW Vivion Road plural where applicable. Riverside, MO 64150 BOND AMOUNT: S 50% Five Percent of Amount Bid PROJECT: INanie,locarionoraddress.and Prgjeclntimber.ifanl) City of Riverside IT Room Cooling Unit Upgrade Project The Contractor and Surety are bound to the Owner in the annount set forth above,for the payment ofwhich the Contractor and Surcty bind themselves,their heirs,executors,administrators,successors and assiftns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owncr accepts the bid of ilne Contractor within the time specified in the bid documents,or within such time period as may be aerecd to by the Oisner and Contractor,and the Contractor either(I)enters into a contract with the O\ymcr in accordance with the terms of such bid,and civics such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the iurisdiction of the Project and other\vise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof.or(2)pars to the Owner the difference,not to exceed the amount of this Bond,between the anloumt specified in said bid and such larger amount for which the O\wncr may in good faith contract with another parly to perlimn the work cowered by said bid,then this obligation shall be Will:and void,othcr\�ise to remain in full lorce and ellect,The Sltret'hereby waives all,,,notice of an agreement between the Owner and Contractor to extend the time in which the O\ener may accept the bid.Waiver(')['notice by the Surely,hall not apply to any extension exceeding sixty(60)days in the aQS;regale beyond the lisle lllr acceptance ol•bids specilied in the bid documents.and the Owner and Contractor shall obtain the Surety's consent lilt an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractors bid ton Contractor,the tcnm Contractor in this Bond Shall be dccmcd to be Subcontractor and the terns Owner shall be dccmcd to be Contractor. When this Bond has been furnished to com Illy\4ith a slailllory or other legal requirement in the location of the Project.any provision in this Bund cunllicting\with said statutory or legal requirement Shull be deemed deleted herel?om and provisions confomling to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished.the intent is that this Bund,hall be construed as a slatutory bond and not as a connnnuln la\w bond. Signed and scaled this 21 st day of October, 2020 P1 Group, Inc. (Principal) (Seal) (!f'inxrss) By: 1,4i (lire) K01;/1 W. Knox, President Federal Insurance Company (IT'iuressy �Jkm­t�l_(_,�_By: (Title Rebecca S. Le Attorney-in Fact Surety Phone No. 215-640-1000 S-0054/AS 8110 CHUBS Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY. an Indiana corporation. VIGILANT INSURANCE COMPANY. a New York corporation, PACIFIC INDEMNITY COMPANY. a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Christy M.Braile,Jeffrey C.Carey,Mary T.Flanigan, Tahitia M.Fry,C.Stephens Griggs, Rebecca S. Leal, Charissa D. Lecuyer, Kellie A. Meyer, Patrick T. Pribyl, Debra J. Scarborough, Evan D. Sizemore and Charles R. Teter, III of KansasCity,Missouri-------- -- ------ --- ----- - ---------------------------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed In the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FiRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 291 day of July,2020. f-ajW-,t,-'m &�.41 dl-� Ilav:n\I Stephen M.Nancy,Vice Pretident STATEOF NEW JERSIi\ County of Hunterdon sS on this 291" day of July,2020,before me,a Notary Public of New Jersey,personally came Yawn M.Chloros and Stephen M.Haney,to me known to he Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly swom,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seats thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies:and that their signatures as such officers were duly aflned and subscribed by pike authority. Notarial Seal i1t KATHERINE J.ADELAAR NOTARY PUBLIC OF NEW JERSEY Y No.2318685 K"T., � CORrbllOn Expires July 78,2024 �ary� CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPA%V and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCI[ESTER FIRE INSURANCE COMPANY on December Il,2006;and ACE AMERiCAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authoriTations relate to the execution.for and on behalf of the Company,of Mnds,undertakings,recognizanum contracts and other written commitments of the Company entered Into in the ordinary course of-bustness(each a-written Commitment-): (0 Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or(it herhise. (2) Each duh appointed attorney-in-fact ad the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise.to the extent that such action is authorized by lite grant of powers provided for in such person's written appointment as such attomey-in-fact. (3) Each of the Chairman.the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney in•fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company.to delegate in writing to any other officer of the Company the authority to execute.for and on behalf of the Company.under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation.which specification may be by general type or class of Wrinen Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FTIRTHF:R RESOLVED, that the foregoing Restdution shall not he deemed to he an exclusive statement of the powers and authority of officers,employees aril other persons to act fir and on behalf of the Company,and such Resolution shall not limit or uthen%ise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the`Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (if) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals ofsaid Companies at Whitehouse Station,NJ.this October 21, 2020 I tav,n\I Ch fortis.:L•nistant Secret uy' IN DIE EVENT MI WISH TO VERIFY THE AU 1'HENTICITYY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER.PLEASE CONTACT US AT: Telephone(9M)903-3493 Fax(908)903-3656 email:suretycochubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev 11-191 P1 Group, Inc. 13605 W. 96TH TERR. LENEXA, KS 66215 P: 913.529.5000 www.plgroup.com October 8, 2020 City Of Riverside Todd Wooddell Director of Public Works Re: Installation of Mini Split System and Replacement of Liebert Mini Mate for IT Room at Public Safety Tom Wooddell <twooddell@riversidemo.com> Tom, Thank you for the opportunity to provide you with a proposal to install One 3 Ton Daikin cooling only minisplit system for backup cooling and replacement of the Liebert Mini Mate with a larger unit for future expansion. This New Mini Mate is variable speed and will unload down to 2.5 tons which will satisfy your current load but has the capacity to load to 5 tons for future expansion. Please let me know if you have any questions Phase 1 Scope of work Install New Daikin Minisplit Backup Cooling System • Pick up materials, deliver to jobsite. • Check in with customer for access to IT room and hallway. • Mount and install One New Daikin wall mount indoor unit above doorway. 0 3 ton indoor highwall mount 15.9 SEER 0 3 ton easy access condensate pump • Hoist and Set One New Daikin condensing unit on roof next to Liebert. o 3 ton outdoor cooling only unit o Low ambient wind baffle o Wired remote controller • Install New refrigerant piping down through existing chase and above ceiling. • Terminate refrigerant lines. • Install communication cable between outdoor and indoor unit. • Leak check and evacuate refrigerant lines. • Charge with new refrigerant. • Startup system and checkout operation. Phase 2 Scope of work Replace Existing Liebert 3 Ton Unit with 5 Ton Unit • Once Mini Split system is started and operating,recover refrigerant from existing 3 Ton Liebert unit per EPA guidelines and dispose of. • Demo and haul away old Liebert unit. • Hoist and Install One New Liebert 5 Ton Variable Speed Mini Mate Unit. o New system will unload to 50% capacity • Specs for new unit below. One(1)5 Ton Liebert Mini-Mate Variable Capacity Evaporator Model MT060HE 1AOD751 *Includes evaporator coil with rifled-copper tubing and lanced aluminum fins, filter drier,thermal expansion valve,nitrogen holding charge,variable speed direct drive Electrically-Commutated(EC)fan,and filter clog switch *Liebert iCOM microprocessor control with audible and visual alarms *9" color touchscreen display *Room Temperature/humidity sensor *IntelliSlot for optional card based unit monitoring One(1)Liebert Model PFD067A-AHI Outdoor Prop-Fan Air Cooled Condensing Unit: 460V/3ph/6OHz *Variable Capacity Digital Scroll Compressor *High head pressure switch,Low Ambient Starting&Operation at-30°F(-34°C) Factory Installed Options *Low-watt density Electric Reheat with a capacity of 11.2 kWSteam Canister Humidifier with a capacity of 8.0 lbs/hr. (3.6 kg/hr.) *Locking Disconnect Switch, factory mounted and wired,with short-circuit current rating(SCCR)of 65,000 amps *IS-Unity-DP Card provides CMS mobile cloud access for remote visibility via the CMS mobile application,remote access to the unit level display via a private network by utilizing the world-wideweb, and Building Management System (BMS)access via BACnet/Modbus IP, *BACnet/Modbus 485 and SNMP vl,v2,v3. Card is factory-installed in the • Secure new indoor unit with unistrut and all thread. • Install New refrigerant piping for indoor unit to outdoor unit on roof. • Insulate New copper piping. • Run New electrical conduit and wiring for upsized unit back to electrical room. • Install New controller on indoor IT room wall. • Install New discharge air plenum to distribute airflow evenly in IT room space. • Install New condensate pump with secondary catch pan drain. • Install New float switch in secondary pan to shut off unit in case of overflow. • Evacuate, Dehydrate and charge system with New refrigerant. • Startup and checkout operation of New system. • Provide owner training. • Set up New minisplit backup system for backup operation if room temperature elevates above Liebert setpoint. • Clean up affected work area. Total Price Installation of Both Systems- Phase 1 and 2 Sixty Six Thousand Nine Hundred Eighty Eight Dollars $ 66,988.00 We Have Excluded: • Taxes—If this is tax exempt, a project specific tax exemption form will be required before any work can be performed, or material can be ordered. • Premium time labor • Fire alarm, protection, and suppression • Asbestos/lead testing and abatement • Design/engineering • Structural steel installation or engineering • Down time or time lost from not being able to access equipment or area when needed. • Existing system repairs beyond what is stated above • Additional charges by payment from credit card Thank you for the opportunity to provide this proposal. Due to material price increases, the quote above is good for 30 days. If you have any questions concerning this quote, please feel free to call me at 913-529-5000 or my cell number 913-967-9435. Thank you, Jim Dahlin Service Project Manager P1 Group, Inc. Customer's Acceptance: We, hereby, accept the above proposed price and scope of work. Please proceed with this work. Accepted By (Please print): Signature: Title: Date: P1 Group,Inc.Terms and Conditions 1. Client shall permit and provide customer free,safe,and timely access to all equipment areas.Contractor will be allowed to start and stop the equipment,as necessary to perform required services.All planned work under this Agreement will be performed during normal working hours.Any additional equipment(lifts,scaffolds,etc.)needed to provide service will be the responsibility of the client,unless otherwise stated in this Agreement. 2. In case of any failure to perform its obligations under this Agreement,contractor's liability is limited to repair or replacement at its option,and such repair or replacement shall be Customer's sole remedy.This wan-ant is conditioned upon proper operation and maintenance by Customer and shall not apply if the failure is caused or contributed to by accident,alteration,abuse or misuse,and shall not extend beyond the term of this Agreement. 3. The annual Agreement price is subject to adjustment on each commencement anniversary to reflect increases in labor, material and other costs. 4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder;including increased refrigerant taxes and handling charges. 5. Customer will promptly pay invoices within thirty(30)days of receipt.Should a payment become sixty(60)days or more delinquent,contractor may stop all work under this Agreement without notice and/or cancel this Agreement,and the entire Agreement shall become due and payable immediately on demand. 6. Excluded from this Agreement,unless otherwise stated herein,is main power service,main or branch line equipment, equipment starters,VFD's and wiring,equipment structural supports,oil,gas and other storage tanks,cleaning of ductwork interiors and/or systems. 7. Any alteration to,or deviation from,the Agreement involving extra work,material or labor will become an extra charge (fixed-price amount to be negotiated or on and time-and-material basis at contractor's rates then in effect)over the sum stated in this Agreement. 8. Contractor will not be required to move,replace or alter any part of the building structure in the performance of this Agreement. 9. Contract shall permit only their personnel or agents to perform the work included in the scope of this Agreement.Should anyone other than P1 Group,Inc.personnel perform such work,contractor may,at its option,cancel this Agreement or eliminate equipment from inclusion in this Agreement. 10. In the event contractor must commence legal action in order to recover any amount payable under this Agreement, Customer shall pay all court costs and contractor attorneys fees incurred. 11. Any legal action against contractor relating to this Agreement,or breach thereof,shall be commenced within one(1)full year from the date of work. 12. Contractor shall not be liable for any delay,loss,damage or detention caused by unavailability of machinery,equipment or materials,delay of carriers,strikes,including those by contractor's employees,lockouts,civil or military authority,priority regulations,insurrection or riot,action of the elements,forces of nature or by any cause beyond its control. 13. To the fullest extent permitted by law,Customer shall indemnify and hold harmless contractor,its agents and employees from and against all claims,damages,losses and expenses,including but not limited to attorney fees,arising out of or resulting from the performance of work hereunder,provided that such claims,damages,losses or expenses are caused in whole or in part by an active or passive act or omission of Customer,anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable for,regardless of whether it is caused in part by the negligence of contractor. 14. Customer shall make available to personnel all pertinent Material Safety Data Sheets(MSDS)pursuant to OSHA's Hazard Communication Standard Regulations. 15. Contractor's obligation under this proposal and any subsequent contract does not include the identification,abatement,or removal of asbestos or any other toxic or hazardous substances,hazardous wastes or hazardous materials.In the event such substances,wastes or materials are encountered,contract's sole obligation will be to notify the Owner of their existence. Contract shall have the right thereafter to suspend its work until such substances,wastes or materials and the resultant hazards are removed.The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. 16. UNDER NO CIRCUMSTANCES,WHETHER ARISING IN CONTRACT,TORT(INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE,WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE,LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES,CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES. 17. This Agreement does not include repairs to the system(s),the provisions for installation of components or parts,or service calls requested by the Customer.These services when requested will be charged for at contractor's rates then in effect. Missouri Division of Labor Standards WAGE AND HOUR SECTION 01� THF S � " '" tis* •"""'�� y T ',10 �R7 41 °pGu surn"' O 3y MD CC ,C l� MICHAEL L. PARSON, Governor Annual Wage Order No . 27 Section 083 PLATTE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102- 0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Taylor Burks. Director Division of Labor Standards Filed With Secretary of State: March 10, 2020 Last Date Objections May Be Filed: April 9, 2020 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County **Prevailing OCCUPATIONAL TITLE Hourly Rate Asbestos Worker $66.04 Boilermaker *$28.32 Bricklayer $57.42 Carpenter $57.36 Lather Linoleum Layer Millwright Pile Driver Cement Mason *$28.32 Plasterer Communications Technician $58.21 Electrician(Inside Wireman) $65.07 Electrician Outside Lineman *$28.32 Lineman Operator Lineman-Tree Trimmer Groundman Groundman-Tree Trimmer Elevator Constructor *$28.32 Glazier $55.03 Ironworker $64.15 Laborer $45.80 General Laborer First Semi-Skilled Second Semi-Skilled Mason *$28.32 Marble Mason Marble Finisher Terrazzo Worker Terrazzo Finisher Tile Setter Tile Finisher Operating Engineer $56.63 Group I Group II Group III Group III-A Group IV Group V Painter $47.99 Plumber $69.83 Pipe Fitter Roofer $53.40 Sheet Metal Worker $67.16 Sprinkler Fitter *$28.32 Truck Driver *$28.32 Truck Control Service Driver Group I Group II Group III Group IV *The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 27 3/31/20 Roofer $53.40 Sheet Metal Worker $67.16 Sprinkler Fitter "$28.32 Truck Driver '$28.32 Truck Control Service Driver Group I Group II Group III Group IV 'The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. '"The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. 15 Heavy Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County *'`Prevailing OCCUPATIONAL TITLE Hourly Rate Carpenter $59.23 —Millwright Pile Driver Electrician (Outside Lineman) *$28.32 Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Laborer $48.37 General Laborer Skilled Laborer Operating Engineer $55.71 Group I Group II Group III Group IV Truck Driver $47.34 Truck Control Service Driver Group I Group II Group III Group IV Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate Sheet. *The Division of Labor Standards received less than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 27 3/31/20 OVERTIME and HOLIDAYS OVERTIME For all work performed on a Sunday or a holiday. not less than twice (2x) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For all overtime work performed, not less than one and one-half (1'/2) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and A thirty-minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked. HOLIDAYS January First; The last Monday in May: July Fourth: The first Monday in September; November Eleventh; The fourth Thursday in November; and December Twenty-Fifth: If any holiday falls on a Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO. 27 3/20 OF MISSO a71 hrlsSOVVL - " John R. Ashcroft f -- Secretary of State 40•-4 { CERTIFICATE OF GOOD STANDING `; E I. John R. Ashcroft, Secretary of State of the STATE OF MISSOURI, do hereby certify that the -_ records in my office and in my care and custody reveal that P1 GROUP, INC. F00656379 44- A a a* A Kansas entity was created under the laws of this State on 4/27/2005, and in Good Standing, �►. ' having fully complied with all the requirements of this office. _= c IN TESTIMONY WHEREOF, I hereunto set my hand and .r H F cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson, the 7th day of October, 2020. S cre of State Certification Number: CERT-IN28499 1 { 1 up P1 Group, Inc. 13605 W. 96TH TERRACE LENEXA, KS 66215 P: 913.529.5000 F: 913.529.5020 www.p1group.com October 12,2020 Mr.Mike Keiser Riverside City Hall 2950 NW Vivion Road Riverside,MO 64150 Re: City of Riverside IT Room Cooling Unit Upgrade Project Statement of Assurance To whom it may concern; • P1 Group,Inc.is current on payment of Federal and State income tax withholdings and unemployment insurance payments. • P1 Group, Inc has not been rescinded or debarred from any bidding, contractual, procurement or other such programs by federal state or local entities. • P1 Group, Inc.'s litigation and/or arbitration history over the past seven (7) years including final ruling is attached. • P1 Group,Inc attest that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City,bid pooling or straw bids. Respectfully submitted, OUP, INC. P p Nehring Executive Vice President P1 Group, Inc. Litigation/Arbitration Issues As of October 10, 2020 Kansas Hotels On 3/21/19 P1 filed an action in The District Court of Johnson County Kansas to recover $11,800.58 due and over for service work performed at a property owned by Kansas Hotels. On 5/9/19 Kansas Hotels filed its answer and counter claim alleging damage by Pl in excess of $40,000.00. A mediation was held on 7/2/20 wherein a settlement was reached providing that P1 would receive$7,500.00 and Kansas Hotels would receive$0. Lenexa Chiller On 4/8/20, State National Insurance Company Inc., as subrogee of the City of Lenexa, filed an action against P1 in the Circuit Court of Johnson County Kansas seeking a$200,000.00 recovery they had paid to the City of Lenexa for damages to a Chiller installed by Pl in 2013 and$25,000 deductible loss the City had suffered. On 6/17/20 P1 filed its answer denying liability. P1 is represented by Nick Hillyard of FRANKE SCHULTZ &MULLEN,P.C. (816.421.7100) who was hired by Liberty Mutual Insurance,Michael Palomba (617-654-4229). P1 believes that the suit is without merit,and any loss would be cover under our insurance policy in effect at the time of the loss. McPherson Hospital On 10/12/18 The Travelers Indemnity Company,as insurer for the McPherson County Hospital filed suit against P1 in the United States District Court seeking$227,008.24 for recovery of sums they paid their insured McPherson County Hospital claiming P1 Group had caused said damage. On 11/5/18 P1 filed its answer denying liability. P1 is represented by Patrick Murphy of Woodard,Hernandez,Roth&Day,LLC (316-263-4958)who was hired by Liberty Mutual Insurance,Michael Lyons (781-216-9744).A jury trial on August 11 through August 14,2020. The Jury awarded the Plaintiff total damages in the amount of$144,469.56 plus post-judgment interest at the rate of 0.14%per annum. P1 filed a claim against its insurance company and believe all this loss and legal cost will be covered by insurance. Exide Technologies On 5/26/20 P1 received a notice from our client Exide Technologies that they had commenced voluntary Chapter 11 proceedings in order to facilitate a sale of the company. Current accounts receivable is $ 197,725.54. P1 is in the process of filing P1's pre-petition claims with the Bankruptcy Court. P1 has taken a bad debt expense against this accounts receivable in the amount of$114,570.00. Currently,P1 is unable to ascertain the collectability of the amounts due. 1 EnerMech Mechanical Services, Inc. On 4/23/20 P1 received a Formal Dispute Resolution notice from our subcontractor EnerMech Mechanical Services, Inc. claiming that$168,195.00 was still due and owing from work they had performed for P1 on a recent project at the Wolf Creek nuclear facility. Following the dispute resolution procedures in the subcontract, on 6/15/20 the parties exchanged their respective position memoranda (For settlement purposes only). On 7/1/20 executive representatives of the parties were unable to resolve the dispute. On 7/6/20 EnerMech advised P1 that they intend to commence the non-binding mediation process called for in the subcontract. P1 believes this claim has no merit. Conception Abbey On 10/4/19 Conception Abbey filed a Demand for Arbitration against Treanor Architects, P.A. as Architect,and J.E. Dunn Construction Company as Construction Manager regarding a project to design and construct certain renovations to the Abbey's Monastery including,in particular, a new HVAC system. Since the completion of the renovations in 2015,the Abbey had experienced continuous and recurring problems with the HVAC system that ultimately forced the Abbey to expend approximately$900,000 to remediate. The Abbey alleged that the failure of the HVAC system to properly operate and the associated costs incurred by the Abbey were proximately and directly caused by either the professional negligence of Treanor and its subconsultants or the defective workmanship by Dunn and its subcontractors,or a combination of both. On 10/24/20 J.E. Dunn filed a Request for Joinder of P1. On 6/30/20 the parties entered into a Settlement Agreement that did not constitute an admission of liability nor an exoneration of any of the Parties. Standard Sheet Metal On 9/1/17 Standard Sheet Metal,Inc. filed an action against P1 Group, Inc. and certain of its employees alleging various causes of actions related to the employment of a former associate of Standard Sheet Metal by P1. On 6/1/18 this matter was settled (Confidential Settlement). Orders of dismissal were issued on 7/18/18 and 8/9/18. Crossland Construction Company On 12/22/16 P1 filed P1 Group a demand for mediation against Crossland Construction Company for claims for additional costs of over$1,350,000 plus unpaid change orders of over $75,000 relating to P1 performing work as subcontractor to Crossland Construction on a Project at Kansas State University Residence Hall&Dining-Wefald Hall. A mediation held on 3/10/17 failed to resolve the matter and P1 filed a suit on 6/15/17 in the amount of$1,472,450.55 against Crossland and its sureties. The jury found in P1's favor at a trial held 10/1-5/18. Prior to award of damages by the court,the matter was settled under a confidential settlement. 2 IVERSID CITY OF RIVERSIDE EXPIRATION DATE BUSINESS LICENSE 12/31/202C DATE ISSUED LICENSE NUM BER -101/2020 31 �kE PRIpt ImpUpy PRS' 16210 W 108TH STREET �— �� LICENSE FOR LOCATION OF BUSINESS — CONTRACTCR This license is to be displayed conspicuously at the location of business,and is not transferable or assignable. FEE CLASS $48.00 CONTRACTOR OJ` THIS LICENSE IS ISSUED PURSUANT TO THE SMI TTY BELCHER PROVISIONS OF THE CITY CODE OF THE CITY P1 GROUP, INC. OFPo IDE ANDAME3JDM " T 13605 W 96TH TERRACE LENEXA KS 66215 n ayor �2e� cr• WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530,RSMo STATE OF KANSAS ) )ss. COUNTY OF JOHNSON ) As used in this Affidavit,the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA),P.L. 99-603. KNOWINGLY: A person acts knowingly or with knowledge, (a)with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3). BEFORE ME, the undersigned authority, personally appeared Kollin Knox who, being duly sworn,states on his oath or affirmation as follows: 1. My name is Kollin Knox and I am currently the President of P1 Group, Inc. (hereinafter "Contractor"), whose business address is 13605 W 96th Terrace, Lenexa,KS 66215 , and I am authorized to make this Affidavit. 2. 1 am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection Riverside IT Room Cooling Unit Upgrade Project. 4. Contractor does not knowingly employ any person who is an unauthorized alien irl connection with the contryteo services set forth above. A fi t Kollin Knox Printed Name Subscribed and sworn to before me this 6th day of October ,2020. U111r,MY*71 SHANNON BOER Notary Public,State of Kansas T*ZoPublic My Appoin ent Expires 2,n 2 12 CITY OF RIVERS MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: PROJECT: PROJECT NO.: ORDINANCE / RESOLUTION: (approved TO: Contractor: (address) You are hereby notified to commence work on or after the day of , 20 in accordance with the Agreement dated The work shall be substantially completed within Calendar Days. The date of substantial completion is The project shall be completed and ready for final payment by CITY OF RIVERSIDE (Owner) BY: Brian E. Koral, City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Title) this the day of ,20 18 APPLICATION FOR PAYMENT Continuation Sheet for Application for Payment s�rl�rw 1 aw�Y� Ya.olf♦r Ow: ; - Tdr,nnur.d,o.♦.Yn roa ea eu,rrpwd,a r. 1 IwrOarwl��}Y.f.{.urh ♦ Yb•awrYwlam�. S IIYrYw:; .Mdrm{YnErulmfprare! 3 Mian Mlu►: V•��Y�I�!; . r soya agbru Or 1[nym r.yw.�rY..prnYrw'e..I car^rawr�llbMompYryta wya+Cn 31. IIInr Mead rw�M rrAassMW fb.r arb.bf�Drrrl.11fwaVdb arwwrrw.r•�l,nwr�YYw lblrYYnr."Ydrb rEnr.lbMbRs �� rrrirrrlan Po�tlw Y!✓•lby.Adb N'or.�n tiY r�.r.io.r~aPw.rr rvdrrr.sa wwtl�s.In b'Lw�Yd O.o.Yva rtl bCarmr nvr.rYp SNiW'.rwM�ar ad Ywitlb PRra�lbAyW Nf CtRi1'CC iOQllir1011 Pf�/qw(.MO iy.wur,ris..w a.yw�.arw hM lbewr �W pR. =M C�kTMRp1:. d511CLR Oy IAi �b _-�— Iren.{MYC..._.. r Jae ...__.. _._._..__ SYS_._..�___._.__..�....�..'_..... !YY �_-...-.....�_...... — ------------- MMwc b, �'�'Ort 5u, b S Msnm wnW To Oa. Te Or 1 R 1 W CHANGE ORDER CrrvOF CHANGE ORDER NO. Page NLN— tar RHE,W >=a Pgs AA1t.*, M;ssow Contractor Name: Date Prepa ed Project Nae: Project Kabc Cartrad Dab: The tot 1—rig changes to the trig inal contract amount were required to cover cost incurred by the Prgect L—hat, Riverside.Mi—n Contractor er w reflect savings realized by the Corrcraaor as a rerun of a change m the actual constructed quamoses from the estimated quanbbes shown on the Bid Proposal. Centrad dr C."i d Captrad R Lne v,n No. Previous P-- Pl__ REQUIZED CHANGES N PRESENT CONTRAC T lkk Pnce A—m Lynn ro=n Desapom 8 Realm Rx Cham Ctder,:Ppase aerate kmi betty aW trim hive Mh reazm bChar�OrdM New a New or Newor 0.0 SOHO t I W Cry 2:Unknown Ste Candaas 3p Not neorporaed n P Adlrsted o A4ussed Quarittv Una PNace Annran SOOO I L' 1 $0.00 NT $000 00 00 SO 00 3000 50.00 So.00 PtevorsTanl 0.00 ag Aejrsted TW 3000 PM Charge so J0 stale—A of Cdntrad Ongna 0-tract Arrnurx S000 Net Annum W Pmrnus Aaditons and Deducts S300 Net Canard Amount Prior m Ths R"jest SO 00 Arndurt d Thr Req,,e $000 New Cmtraa Amour SO 00 Percent Change m Contract Amour sDIVQ DESIGN ENGINEER: CITY OF RIVERSIDE.MISSOURI: ,-oroa�Y T_H_ 3gmd me mare Printed. Cm/Ad—strator �. Greg Mbs srm Cate Dare' CONTRACTOR: ON-SITE PROJECT MANAGER: CONTRACTOR'S Certification for Chance Order. ON-SITE PROJECT MANAGER Certifwation for Change Order the:n igned cover it cTOR ceff"dna a--V-- n__wth nr ZontraaC--.C ,the onsite observatdrs,and decabed attire arc---Yb order as fie CJNiRA 10R m a=.e.a3 Nm `r inn Chit ge order,zie dnl3ite Pojed manLpS xMw.S pro�ed.ai eaedsm wac mnraa muarerts.ax x�z:tie vottw(sty mat to ars bcs;or tt-mile M)-n ;W,W-4edge. vanes sated aowe are correct wth respect c are wart nfarraton and bee'tie abov<_mferenced dtarges—recessay in adeno arropxea pryer m dirge oder. PrHeec wan the etecutm cOthe maact ooaments.and tlra be vales stave ibwe are correct ram respect to rhe work anrcpated under ms doge arar. C+rarlT Conparn. Nate pained. vane a tired: sipned ;4'ra Dae tate 3 CITY OF RIVERS 6R'I M�SSOUR� Certificate of Substantial Completion (to be completed after substantial completion of the project) Project Name: IT Room Cooling Unit Upgrade Project _ Requestor of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of the City, Contractor, and the Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between the City and Contractor for security,operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities G Not Amended The City's Amended Responsibilities: Contractor's Amended Responsibilities: 32 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer (Print& Sign) Date Accepted by Contractor (Print& Sign) Date Accepted by the City (Print& Sign) Date 33 CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) IT COOLING UNIT UPGRADE PROJECT STATE OF ) SS: COUNTY OF ) The Undersigned, of lawful age,being first duly sworn, states under oath as follows: 1. I am the of who is the general CONTRACTOR on the above referenced project. 2. All payrolls,material bills,use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied,as required by the Contract. 3. ( _) Prevailing wage does not apply;or ( ) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes,pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Project,regardless of tier,affirming compliance with the prevailing wage law as stipulated in the Contract. 4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside, Missouri,the certification of completion of the Project and receiving payment therefore. CONTRACTOR By Title On this day of 20_ before me appeared to me personally known to be the of , and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of as its free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public 30