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R-2021-061 Awarding Bid for the 2021 Tremont Sculpture Base
RESOLUTION NO. R-2021- 061 A RESOLUTION AWARDING THE BID FOR THE 2021 TREMONT SCULPTURE BASE AND APPROVING THE AGREEMENT BETWEEN THE CITY AND GUTNER CONSTRUCTION COMPANY FOR SUCH PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS THAT the bid of Gunter Construction Company for the 2021 Tremont Sculpture Base in the amount of$ H(p, 250.00 is hereby accepted and approved, and FURTHER THAT an agreement by and between the City of Riverside and Gunter Construction Company, in substantially the same form as attached hereto and incorporated herein by reference, is hereby authorized and approved, and the Mayor is authorized to sign such agreement on behalf of the City; 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 the 15th day of June 2021. Kath en L. Rose, Mayor I�n ATTEST: r kD -VVI' Robin Kincaid, City Clerk PROJECT MANUAL 2021 TREMONT SCULPTURE BASE PROJECT NO: 351-021 The City of Riverside, Missouri May 12, 2021 1 TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS BID FOR UNIT PRICE CONTRACT BID FORM EXPERIENCE QUESTIONAIRE AFFIDAVIT or WORK AUTHORIZATION AGREEMENT EXHIBIT A TIME FOR COMPLETION EXHIBIT B SCOPE OF WORK EXHIBIT C TECHNICAL SPECIFICATIONS EXHIBIT D NOTICE TO PROCEED EXHIBIT E EXAMPLE -APPLICATION FOR PAYMENT FORM EXHIBIT F EXAMPLE -CHANGE ORDER FORM EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT H CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT I SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT J ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION EXHIBIT K ENGINEER/CONSULT. CERT. for Acceptance& Final Payment SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS Section Description 01015 ONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01060 STANDARD SPECIFICATIONS AND PLANS 01270 MEASUREMENT AND PAYMENT 01310 OB SITE ADMINISTRATION 01320 ONSTRUCTION SCHEDULE 01330 SUBMITTALS 01410 TESTING LABORATORY SERVICES 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01570 TEMPORARY TRAFFIC CONTROL 2 DIVISION 2—SITEWORK Section Description 02230 CLEARING AND GRUBBING 02350 EROSION AND SEDIMENT CONTROL 02520 FONCRETE 02820 ISEEDING 3 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS 4 CITY OF RIVERSIDE,MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the 2021 TREMONT SCULPTURE BASE (351-021) will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 A.M., on Thursday,June 3,20211 and then publicly opened and read aloud at Riverside City Hall. The Information for Bidders, Form of Bid, Agreement, Plans, Specifications, and other Contract Documents may be examined at the office of the City Engineer at the above city hall address. Copies may also be obtained at the above city hall address. The Information for bidders and advertisement can be viewed on the City of Riverside's website http://www.riversidemo.com/rfps. The City reserves the right to waive any informality or to reject any or all bids. Dated: May 13,2021 5 CITY OF RIVERSIDE, MISSOURI INFORMATION FOR BIDDERS The City of Riverside,Missouri(the"City")invites sealed bids on the forms contained in the Bid Package and Contract Documents for the 2021 TREMONT SCULPTURE BASE (Project No. 351-021) 1. Receipt and Openine 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 Thursday, June 3, 2021, at which time all sealed bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s) containing the bids must be sealed, clearly marked on the outside of the envelope "2021 TREMONT SCULPTURE BASE (Project No.351-021)"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 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. 2. There will not be a Pre-Bid Meetine. 3. Resection 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. 4. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s)and accompanied by: (1)Qualifications of Bidder(Experience Questionnaire)with Certificate of Good Standing (2)Affidavit of Work Authorization with E-Verify attached(2 pages) (3)Bid Form All blank spaces for bid prices must be filled in, in ink or typewritten, and the foregoing Certifications must be fully completed and executed when submitted. 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. A complete set of the bidding documents are on file for examination at the office of the City Engineer at Riverside City Hall or on the City of Riverside's website http://www.riversidemo.com/rfps. A copy the bidding documents may be obtained from Riverside City Hall,Telephone 816-741-3993. 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 6 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. 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. 5. Addenda and Interpretations. No interpretation of the meaning to the specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be addressed to: Resident Project Representative,City of Riverside: Noel Bennion;nbennion@riversidemo.com and to be given consideration must be received by 5pm on May 28,2021. 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 mailed by the fastest delivery method available via registered mail or overnight delivery, and may also be mailed electronically or faxed to all prospective bidders recorded as having received the Bid Documents, not later than three(3)calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has considered all written addenda. 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. 6. Substitute Material and Equipment. The contract,if awarded,will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possible substitute of"or- equal"items. Whenever it is indicated in the drawings or 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". 7. Subcontracts. As part of the experience questionnaire,the bidder shall submit to the City with the Bid a list of all proposed subcontractors to be used on the project. The list shall indicate those portions of the work each subcontractor 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. 8. Oualifications of Bidder(Experience Ouestionnaire). 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. Key Personnel. Identify the following Key Personnel proposed for the Project. (NOTE: Key Personnel must be committed to the Project for its duration,and may not be removed or substituted without the City's prior written consent.) GC Project Manager On-Site Field Superintendent QC/QA Manager Safety Officer For each of the Key Personnel,provide the following background information: • Years of employment with current employer; • Other projects this person will be involved with concurrently with the project; • Provide professional registrations, education, certifications and credentials held by the person that are applicable to the Project. Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality Assurance/Quality Control Plan for this project • Describe key issues that might affect the Project schedule and how Bidder proposes to address them • Provide a statement regarding all work performed two(2)years immediately preceding the date of the Bid that contains either(a)any written notices of violations of any federal or state statute; or (b) a statement that there have been no such written notices of violations or such penalties assessed 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 • 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 strawbids 9. Reserved. 10. Reserved. 8 11. Time of Completion. 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 by 07/30/2021. 12. 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. 13. Laws and Regulations.The bidder's attention is directed to the fact that all applicable State laws,municipal ordinances,and the rules and regulations of all authorities having jurisdiction over construction of 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. 14. Method of Award- Lowest Responsible Bidder. If at the time this contract is to be awarded,the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to finance the contract; the contract will be awarded to the "lowest responsible bidder". If such bid exceeds such amount,the City may reject all bids or may award the contract on such items as identified by and deemed in the best interest of the City, in its sole discretion, as produces a net amount which is within the available funds. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 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. Operating costs,maintenance considerations,performance data and guarantees of materials and equipment may also be considered by the City. The City reserves the right to reject any and all bids,to waive any and all informalities,and the right to disregard all nonconforming, non-responsive or conditional bids. In evaluating bids, the City shall consider the qualifications of the bidders,whether or not the bids comply with the prescribed requirements,and alternates and unit prices if requested in the Bid. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility,qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. The City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the City's satisfaction. If the contract is to be awarded, it will be awarded to the lowest responsible bidder whose evaluation,in the sole determination by the City, indicates to the City that the award will be in the best interests of the project. 9 15. Oblization 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 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. 16. Federal Work Authorization Prouam 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 in 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. 17. 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. 18. Safety Standards and Accident Prevention. With respect to all work performed under this contract, the Contractor shall: a. Comply with the safety standards provisions of applicable laws, building and construction codes, and the"Manual of Accident Prevention in Construction"published by the Associated General Contractors of America,the requirements of the Occupational Safety and Health Act of 1970(Public Law 91-596),and the requirements of Section 292.675,RSMo b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees)and property. c.Maintain at Contractor's office or other well known place at the job site,all articles necessary for giving first aid to the injured,and shall make arrangements for the immediate removal to a hospital or a doctor's care of persons(including employees),who may be injured on the job site. d. 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. 19. 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. 20. 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) 10 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. 21. Current City Business License. The successful bidder, and all subcontractors, shall obtain a current city business license prior to beginning construction. 22. 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. 23. 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 hereby notifies all bidders that socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority,women and disadvantaged contractors to submit bids. 24. Sienine 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 five (5)days thereafter Contractor shall sign and deliver at least three(3)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. 11 CITY OF RIVERSIDE,MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the 2021 TREMONT SCULPTURE BASE (351-021)will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 A.M., on Thursday,June 3,2021, and then publicly opened and read aloud at Riverside City Hall. The Information for Bidders, Form of Bid, Agreement, Plans, Specifications, and other Contract Documents may be examined at the office of the City Engineer at the above city hall address. Copies may also be obtained at the above city hall address. The Information for bidders and advertisement can be viewed on the City of Riverside's website http://www.riversidemo.com/rfps. The City reserves the right to waive any informality or to reject any or all bids. Dated: May 13,2021 5 BID FOR UNIT PRICE To: City of Riverside,Missouri Project: 2021 TREMONT SCULPTURE BASE Project No. 351-021 Date June 3, 2021 Proposal of Gunter Construction Company (hereinafter called "Bidder") a corporatio partnership/individual/or other entity organized and existing under the laws of the State of Kansas , a <orporatio partnership/ or individual doing business as Gunter Construction Company To the City of Riverside,Missouri(hereinafter called"City") To Whom It May Concern: The Bidder, in compliance with your invitation for bids for the construction of the above referenced project having examined the specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents,within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the City and to fully complete the project by 07/20/2021 as stipulated in the specifications. Bidder acknowledges receipt of the following addendum(s): None Bidder agrees to perform all of the project work described in the scope of work,for the unit prices contained in the attached Bid for Unit Price attached hereto. The total bid amount is: Option 1 $35,950.00 ($ Option 2 $46,250.00 ) The unit prices attached shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Changes shall be processed in accordance with Article VII of the Agreement. Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in the bidding. 12 The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid,bidder will execute the formal contract attached within 5 days. THE UNDERSIGNED BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE,MISSOURI BECAUSE OF SUCH REJECTION,AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. Respectfully submitted: (SEAL-if bid is by a corporation) By _ a&,--A x'- Name: Stephanie Gunter Title: Vice President Street: 520 Division Street i City, State,Zip: Kansas City, KS 66103 Phone: 913-362-7844 13 BID FORM BID FOR UNIT PRICE CONTRACTS (Pricing) CONTRACTOR: GUNTER CONSTRUCTION COMPANY 2021 TREMONT SCULPTURE BASE(351-021) I EMBID ITEM DESCRIPTION Q Y. UNI T UNIT PRICE TOTAL BID 1 ption 1 —Sculpture Base with Dyed 1 LS $35,950.00 $35,950.00 ncrete 2 tion 2—Sculpture Base with Cut 1 LS $46,250.00 $46,250.00 tone Veneer Item NO. 1 • See attached drawing,Option#L • This option includes dyed concrete with Prism Pigments or Surecrete. All other details as required on the drawing are the same for both options. • In-ground electrical box shown on the drawings will be provided and installed by the City of Riverside. Electrical wiring will be provided and installed by the City of Riverside. Contractor will be responsible Item NO.2 • See attached drawings. • This option includes dyed concrete for the top portion only of the sculpture base. The sides of the sculpture will be finished with cut stone veneer. All other details as required on the drawing are the same for both options. Both Items • In-ground electrical box shown on the drawing will be provided and installed by the City of Riverside. Electrical wiring wit]be provided and installed by the City of Riverside. Contractor will be responsible for all conduit and conduit stub to box. • City of Riverside will provide a template for the placement of the conduit for the"RIVERSIDE"lighted lettering. Contractor will be responsible for installing conduit using this template. Sign letters and electrical will be installed by a lighting/electrical contractor hired by Riverside. All Items must be completed by July 30,2021 Riverside has selected Option 2 for this project. 14 i f V EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID. Gunter Construction Company Christina Gunter (Company Name) (Primary Contact Name) 520 Division Street Kansas City, KS 66103 (Address) (City, State, Zip Code) 913-362-7844 913-362-7845 christina@gunterkc.com (Phone Number) (Fax Number) (E-mail) Federal ID Number: 43-1596391 or SSN: (Check all that apply) �l General Contracting ❑ Electrical ❑ Plumbing ® Concrete Demolition W Earthwork ❑ Electrical ❑ Paving ❑ Other: Name of State(s)in which incorporated: Kansas Date(s)of incorporation: 11-19-1991 Attach Certificate of Good Standing for State in which incorporated. If not incorporated in Missouri, also attach Certificate of Authority to do Business in Missouri. Certificate Number: 1178032 Date: 5-24-2021 Name of the following officers: Christina Gunter Stephanie Gunter (President's Name) (Vice-President's Name) Stephanie Gunter Stephanie Gunter (Secretary's Name) (Treasurer's Name) Date of Organization: 11-19-1991 Type of Partnership: N/A General N/A Limited N/A Association 15 Names and addresses of all partners(use additional sheet if necessary): Christina Gunter 520 Division Street Kansas City. KS 66103 (Name) (Address) (City, State,Zip) Stephanie Gunter 520 Division Street Kansas City, KS 66103 (Name) (Address) (City, State,Zip) 1. How many years has your Company been in business as a contractor under your present business name? 11 2. List all other prior business names and locations under which you or any partner, principal or other officer of your company has ever done business: Architectural Restoration Company.Tiffany Construction Inc s F 3. How many years' experience in the proposed type and size of construction work has your Company had: (a)as a general contractor 30 ;(b)as a subcontractor 12 4. List the three most recent projects your Company has completed similar in scope to the proposed work: i l ProiectName or City Verona Columns Fountain Improvements t Contact Name Jennifer Lee Phone 913-362-9620 i Contract Amount$ 126,374.53 When Completed? 5-2021 Description of Work Remove and Replace existing flagstone,coping stones fountain sculptures basin walls,floor and epoxy coating. Proiect Name or City Lenexa Monument Signage 2018 Contact Name Kathy McCabe Phone 913-477-7665 Contract Amount$ 367.061.00 When Completed?2018 Description of Work Construction of stone masonry entrance monuments at 18 locations in Lenexa KS The monuments consisted of a cast-in-place concrete core with a stone masonry veneer with cast stone panels. 16 Proicct NainC or City Civic Center Park Masonry Contact Name Michael Lathka Phone 913-971-8659 Contract Amount$ 44.819.00 When Completed?2016 Description of Work monument signs 5. What other important projects has your Company completed? Prefect Name or City_ *please see the attached list of current projects/work completed Contact Name Phone Contract Amount$ When Completed? Description of Work Project Name or City *please see the attached list of current projects/work completed Contact Name Phone Contract Amount$ When Completed? Description of Work 6. List at least two engineering firms with whom you have worked, and the name of the individual who was your primary point of contact: Taliaferro & Browne, Inc. - Kurt Mitscher DuBois Consultants-Kinda Webster 17 i I i 7. Have you ever failed to complete any work on a project or defaulted on a contract? If so,where and why?(attach additional pages if necessary) No 8. The construction experience of the Key Personnel in your Company is required. At a minimum, information regarding experience and qualifications of the following positions must be provided: GC Project Manager, On-Site Field Superintendent, QC/QA Manager, Safety Officer. NAME Garrick Smith Position GC Project Manager Years of construction experience: Magnitude&Type of Work _ 'Please see attached resume In What Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: NAME Scott Myers Position On-site Field Superintendent Years of construction experience: _ Magnitude&Type of Work *Please see attached.resume In What Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: 18 i NAME Marcie Allred Position QC/QA Manager&Safety Officer Years of construction experience: Magnitude&Type of Work "Please see attached resume In What Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: I Education, professional registrations, certifications and credentials held by individual applicable to the Project: E 9. List the major items of equipment which you own or which will be used on the project: Quanti .Description.&Capacity Age in Years Condition "Please see attached list of equipment 10. List below the contracts to which your company, any principal in your company, or any prior companies owned by a principal in your company were a party during the previous seven (7)years that involved litigation of any type,arbitration,mechanics lien claim or other claim in an amount over $10,000(include pending cases with a notation that the matter is still unresolved): N/A 19 i i 11. On a typical project,what percent of the work is completed by your own forces? 60 % What percent by subcontract? 40 %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract (1) GKW Group,LLC Masonry 14% 4370 N Oak TrafficwayKansas City,MO 64116 816-462-5868 Address State Zip Phone Number (2) Address State Zip Phone Number (3) Address State Zip Phone Number (4) Address State Zip Phone Number (5) Address State Zip Phone Number F 15. Is your Company current on payment of Federal and State income tax withholdings and unemployment insurance payments? Yes If the answer is no,please provide detail: 16. Has your Company,or any principal in your company,been rescinded or debarred from any bidding, contractual,procurement or other such programs by federal,state or local entities? No i If the answer is yes,please provide detail: 17. Has your Company received any written notices of violations of any federal or state statute in which penalties were assessed against your Company or paid by your Company during the last two (2) years? No If the answer is yes,please provide the detail of each and every such notice: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Experience Questionnaire and agrees to hold any such person, firm or corporation harmless for providing any 20 • such information to the City of Riverside.The undersigned agrees that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling or strawbids. Dated on behalf of said Company this 3 day of June 20 21 . By: Name: Stephanie Gunter Title Vice President State of Kansas )ss County of Wyandotte ) 1BEFORE ME,the undersigned notary,personally appeared Stephanie Gunter who being duly sworn, deposes and says that he o she is the Vice President of Gunter Construction Company , that he/she has been authorized by such company to complete the foregoing statement, and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to me before this 3 day of June ,20 21 My commission expires: 5-17-2025 Notary Public AMY M.KIRBY Notary Pte,state of Kansas ... My Appoint men 21 AFFIDAVIT for WORK AUTHORIZATION (as required by Section 285.530,Revised Statutes of Missouri) As used in this Affidavit,the following terms shall have the following meanings: EMPLOYEE:Any person performing work or set-vice 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(IBCA),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). State of Kansas ) County of_ Wyandotte ) SS: BEFORE ME, the undersigned notary, personally appeared Stephanie Gunter , who, being duly sworn,states on his/her oath or affirmation as follows: LMy name is Stephanie Gunter and I am currently the _Vice President of Gunter Construction Company (hereinafter "Contractor"), whose business address is 520 Division St. Kansas City KS 66103 and I am authorized to make this Affidavit. 2.I 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 with the following services contracted between Contractor and the City of Riverside: 2021 TREMONT SCULPTURE BASE(Project No.351-021). 4.Contractor docs not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5.Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further,Affiant sayeth not. n Signature Affiant Printed Name: Stephanie Gunter-Vice President Subscribed and sworn to before me this 3 day of June 20 21, m_ Notary Public *PLF_ASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify Memorandum of Understanding: (1)a valid,completed copy of the first page identifying the Contractor;and (2)a valid copy of the signature page completed and signed by the Contractor,and the Department of Homeland Security—Verification. 22 AMY M.KIR{Y Notary Public,State of Kansas My ljpp/-7 n E ie ,4 t y Company ID Number: 361543 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS) and the Gunter Construction Company (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 i �f Ilui Company ID Number: 361543 Approved by: Employer Gunter Construction Company Name (Please Type or Print) Title Christina Gunter President -------.-_._-..--- Signature Date Electronically Signed 10/01/2010 Department of Homeland Security—Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 10/01/2010 Page 13 of 17 E-Verify Mou for Employers I Revision Date 06/01/13 i E-Verifv- aw Company ID Number: 361543 Information Required for the E-Verify Program Information relating to your Company: Gunter Construction Company Company Name _----_.__—__-_- 520 Division Kansas City, KS 66103 Company Facility Address Company Alternate Address County or Parish WYANDOTTE Employer Identification Number 431596391 !, North American Industry 237 Classification Systems Code Parent Company Number of Employees 10 to 19 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06101/13 MINUTES OF MEETING OF BOARD OF DIRECTORS/SHAREHOLDERS OF GUNTER CONSTRUCTION COMPANY This Meeting of the Board of Directors of GUNTER CONSTRUCTION COMPANY was held at 520 Division Street, Kansas City, Kansas 66103 on the 1 st day of January, 2021. The following was present in person or by proxy being: Christina Gunter- President and Stephanie Gunter- Vice President/Secretary/ Treasurer, being all of the Directors of the Corporation. The Chairman called for the nomination of officers of the Corporation to hold office for the term prescribed in the By-Laws. On motion duly made, seconded and unanimously carried, Stephanie Gunter was reelected Vice President, Secretary, and Treasurer. Christina Gunter was reelected President. No further nomination having been made, the nominations were closed and the aforesaid nominees were unanimously elected by the Director to the offices set forth opposite their names for the term provided by the By-Laws. RESOLVED, that the Treasurer reported on the current financial affairs of the company, as well as any future activity. There upon, a motion duly made and seconded, the resolutions were unanimously adopted. RESOLVED, that the resolution therein shall set forth or hereby separately adopted, approved, ratified and confirmed: and that all contract executed on behalf of this corporation by the Board of Directors or by the officer of the corporation, or by the attorney and agents representing and acting for the said board of directors or said officers since there being no other business, on motion duly made; seconded and carried, the meeting was adjourned. Christina M. Gunter—Chairman ATTEST: Stephanie Gunter— Secretary WBE KCMO, Kansas, Missouri DBE INUUI,KUUI, MUUU1,UUU1, IXUUI G U N T E R SBE, SDS, WOSS (G CONSTRUCTION COMPANY June 3, 2021 City of Riverside, MO 2950 NW Vivion Road Riverside, MO 64150 RE: 2021 Tremont Sculpture Base Evidence of Competency to Perform A. Authority to business in Missouri: Please see attached AIA Document A305 Contractors Qualification Statement&Certificate Number CERT-IN61433 Certificate of Good Standing B. Key Personnel: Position Name Years of Employment Credentials GC Project Manager Garrick Smith 1 year see attached resume On-site Field Superintendent Scott Myers 5 years see attached resume QC/QA Manager Marcie Allred 1 year see attached resume Safety Officer Marcie Allred 1 year see attached resume C. Quality Assurance/Quality Control Plan: • Gunter Construction will complete this project according to plans and specs and ACI standards to complete the foundation for the sculpture. • Key issues that may affect the schedule would be coordination with the city to determine final colors and safety of the public. • Gunter Construction has not received any written notices of violations of any federal or state statute nor had any penalties assessed regarding any work performed within the last 2 years from today's date. D. Statement of Assurances: • Gunter Construction is current on payment of Federal and State income tax withholdings and unemployment insurance payments. • Gunter Construction has not been rescinded or debarred from any bidding, contractual, procurement, or other such programs by federal, state,or local entities. • No notable litigation and/or arbitration history over the past seven (7) years. • Bidder's participation in federal work authorization program—Please see attached sworn affidavit • There is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling or strawbids—Please see attached Anti-Collusion Affidavit Sincerely, s6k4ta Step an a Gunter Vice President 520 Division Street, Kansas City, Kansas 66103 P: 913-362-7844 F: 913-362-7845 1 Garrick Smith SUMMARY OF QUALIFICATIONS Over 20 years of experience in project management in a fast paced technically-focused environment specializing in construction design and implementation. Includes experience and expertise in the areas of: ■ project management • construction project management • estimating ■ construction design ■ analysis and problem resolution ■ construction cost estimating ■ oral and written communications ■ pre-construction • Microsoft software applications • take-off and estimating software ■ job costing and forecasting ■ corporate real-estate improvements ■ residential outdoor sales and design EXPERIENCE Communications • Provided consistent day to day written and oral communications with customers, direct • reports,peers, and managers. ■ Focused and listens to customer's needs. • Worked side by side with key stakeholders in all areas of building construction including architects, contractors, inspectors, project managers and owners. ■ Excelled in customer relationships, partnerships with suppliers, and interactions with a wide range of areas in the construction industry. Project Management Experience • Managed building projects ranging from$1O to $3M. Examples: Kansas University EEEC, Raymore Activity Center, Diamond-B Sports, Harmony Elem., Olathe CNG, Harvest Bible. ■ Managed city improvement projects ranging from$2k to $3.2M. Examples: KCMO City Wide Improvement Project, Lackman 87th to 95th Trail, Olathe 175t11 and Lone Elm Intersection Improvement, and KC KS Minnesota and 6`h Street Redesign. • Partnered with Sprint Real Estate to manage the Classroom of the Future upgrade project which consisted of design, budget, and construction of 50 classrooms across the country. • Managed over 30 residential concrete improvement projects from design to completion. Organizational Proficiency • Outstanding knowledge of building products, construction details and relevant rules, regulations and quality standards. ■ Provided cost estimates,RFI's, submittals, and change orders throughout projects in an efficient timely manner. ■ Able to develop,maintain, evaluate, and adjust schedules as necessary to ensure timely delivery of the project. ■ Proficient with construction drawings, specifications,purchase orders and construction contracts. RELATIVE EMPLOYMENT HISTORY 2020 - Current General Construction Project Gunter Construction Manager Kansas City, Kansas 2017-2020 Lead Project Manager/Estimator ACS Concrete Construction Spring Hill, KS 2015 - 2017 Manager of Estimating and Epic Concrete Construction j Preconstruction Kansas City, MO 2015 Estimator Epic Concrete Construction Kansas City, MO 2000-2015 Project/Program Manager Sprint Overland Park,KS 1999 - 2000 System Analyst Sprint Overland Park, KS EDUCATIONAL HISTORY Computer Science & Information Systems Northwest Missouri State University Bachelor of Science (1999) Maryville,MO Coursework & Certifications Sprint Management Experience: Overland Park, KS Learning to Lead Managing&Leading Change Coaching Performance Meeting your Customers Needs Project Management Cert. Software Experience: Bid2Win Planswift Microsoft OS Microsoft Project,Excel,Word Foundation Laborchart Procore F Scott Myers PROFESSIONAL EXPERIENCE Gunter Construction 2016-current Field Superintendent • Responsible for overseeing road construction projects,and interior projects;managing Sub- Contractors and Employees; keeping employee's time and job records; maintaining maintenance records on heavy equipment; managing daily,weekly and monthly logs;working closely with Inspectors on each jobsite to keep the work per code;managing expenses for each job and staying in budget;managing the scheduling on the job to make sure the jobs are completed on time. Martin Construction,Effingham,KS 2014-2016 Foreman • Supervise construction crews in preparing and pouring concrete for new construction or additions • Coordinate acquisition of materials for the job as needed • Ensure project materials,deadlines,and budget are on target • Facilitate continuation of job completion between additional project contractors • Advise employer on need for and hiring of new employees • Work closely with Superintendents of other companies to facilitate company relations and seek potential projects for future • Train new employees and assist in skill development of existing employees on all aspect of concrete finishing in commercial and residential settings Bottorff Construction,Atchison,KS 1993-2014 Supervisor/Foreman • ACI Certified Concrete Finisher • Responsible for supervising a crew of 1-10 individuals in all aspects of the construction site in building new structures including sidewalks,curbing,gutters,driveways,steps,basement,slick finish slabs,walls,commercial buildings and private structures. • Ensure project materials,deadlines,and budget are on target • Facilitate continuation of job completion between additional project contractors • Involved in organizing Improvement Committee to improve employee and company development • Active participant in Company Safety Committee • Train new employees and assist in skill development of existing employees on all aspect of concrete finishing in commercial and residential settings Independent Contractor 1998-Present • Work independently in obtaining jobs and bidding jobs for potential customers • Responsible for procurement of materials and crew • Responsible for any tear out and all aspects of job through completion EDUCATION& SKILLS BACKGROUND • Highland Junior College, Highland,KS • OSHA Certified i • Heavy Equipment Operator;Forklift,Telehandler, Sky Track,Concrete Power Trowel(walk behind and ride on),Bobcat,Mini-Excavator, Track Hoe,Back Hoe,Loader,Dozer,Boom Truck,Trencher • Additional skill set in construction field: Repair hydraulic lines,Mig Welding, Sheet Rock,Air Compressor,Roofing,Landscaping,Concrete form building, Blueprint reading • Accomplished concrete finisher with demonstrated experience in residential,commercial and industrial concrete sectors as well as possession and experience in a variety of other construction skills. Strong ability to effectively manage staff of all levels and ethnic backgrounds,coupled with the ability to meet job deadlines in the most cost efficient manner. Projects: • Agricultural Grain Bin • Metal Building Construction • Stamp and Color Concrete Projects • KY Library Annex Super Flat Floor • City Development Projects • Various Walls and Footings • Structural Concrete and Decorative work on rebuilding of Chapman High School i �I ill Marcie K. Allred PROFESSIONAL EXPERIENCE Gunter Construction Company 2020-Current Project Manager/Safety Officer • Prepare contracts and negotiate revisions, changes,and additions to contractual agreements with architects,consultants,clients,suppliers,and subcontractors. • Schedule projects in logical steps and budget time required to meet deadlines. • Plan, organize,and direct activities concerned with the construction and maintenance of structures,facilities,and systems. • Investigate damage,accidents,or delays at construction sites,to ensure that proper procedures are being carried out. • Evaluate,assess,and alter safety procedures and policies for the benefit of employees and clients. • Visit job sites to conduct safety audits on personnel,equipment,and materials. Ongoing projects: o Groat Street Improvements—Cameron,MO-$1,000,000 o Rock Creek Channel Imp Roeland Ct—City of Mission,KS-$4,500,000 o Route 7 Jackson County Signal Improvements—MODOT-$750,000 Clarkson Construction Company 2013-2018 Project Manager • Managed day to day construction field activities for Subcontractors,Lead Superintendents and Engineers for several Heavy Highway projects and Private Developers. • Responsible for reporting overall project scheduling, budgeting,and contract compliance. • Created,managed,and negotiated subcontracts, invoices,purchase orders and production analysis with field superintendents. • Developed and maintained relationships with state and city municipalities and private developers. Projects: o Kansas Department of Transportation 1170-K7 Interchange,Bonner Springs,KS. Phase 3 consist of shifting I/70 to the south and widening it to 6 lanes with minimal traffic impact. Reconstruct ramps,drainage system,concrete pavement and barrier,electronic system,demo bridges,traffic control,pipe liner,overhead truss signs and several local road improvements.$21 Million o Legends Auto Plaza 435/Parallel,Wyandotte County—Schlitterbahn Vacation Village and EPR Properties.Developed 110 acres,60 acre Auto plex, Retail,Dairy Farmers of America Headquarters and extended Schlitterbahn's parking lot and extending existing river system.Mass grading,storm sewer,sanitary sewer, streets, curb and gutter,sidewalks,gas main,water main, major electrical duct banks,pylon sign and several offsite updates to facilitate newly anticipated traffic. $120 Million,Olsson&Associates o 98`x'Street Reconstruction,Unified Government of Wyandotte County,Kansas City,KS 98'h St and France Family Drive.Grading, Storm sewer,curb and gutter,water main,streetlights, striping and signing. $2 Million,Continental Engineering i o National Training Center and Development,Grand Construction Company,Sporting Kansas City,Wyandotte County.Mass grading 3 soccer fields,parking lots and onsite water detention.$1.2 Million,Grand Construction o Burlington Northern Santa Fe Railway,LPKC—BNSF Intermodal Construction Division, Edgerton,KS.Constructed 2 rail tracks and I running track to the already established intermodal facility while working around live train tracks and intermodal traffic.Grading,drainage, concrete, and rail construction. $1.5 Million,HDR Engineering. i i Superior Bowen Asphalt 2011-2013 Clarkson Construction Quality Manager • Provided Management for a staff of fifteen in a Quality Lab for construction materials testing. • Oversaw concrete and asphalt mix design testing for seven asphalt plants,two concrete plants and an oil grading testing lab. • Scheduled and oversaw onsite construction materials testing of lab technicians for several heavy highway and private developer projects. • Created,managed,and enforced the Quality Management Plan for Superior Bowen Asphalt and Clarkson Construction Company. Projects: o Gateway Interchange Design Build—KDOT o Roe Bridge&435—KDOT Olathe Project Office o 435 &Cookingham—MoDOT Nashua Project Office o Manchester Bridge Design Build—MoDOT Kansas City Division o 7&58 Hwy Mill and Overlay—MoDOT Lee's Summit Project Office Paseo Corridor Constructors Joint Venture Clarkson Construction 2008-2011 Project Manager-Quality Manager • Responsible for conformance of all areas of work to comply with all contract obligations and municipality standards and specification. • Reviewing and approved all quality plans and procedures for subcontractors' work. Overseeing onsite material supplier audits and inspections. Maintain municipality final acceptance for completed work. • Managed the Primavera schedule,owner invoicing and all subcontract documents. j Projects: o Paseo Corridor Constructors—kcICON Design-Build Project, Missouri Department of Transportation,Landmark River Bridge,I-29/35 4-mile Interstate 4 to 6 lanes, 5 Interchanges, 7 new bridges, 5 bridges Street Reconstruction,20 MSE walls, 5 noise walls. $232 Million Pulte Homes of Greater Kansas City,Inc. 1999-2007 Land Development Superintendent and Construction Superintendent • Responsible for managing contractors,engineers,and architects during development and preliminary platting process. • Manage all land accounting and financial statements for each project. • Managed the building cycle of each house from raw lot to house completion. • Daily interaction with city code enforcement,KC trade base and public utilities for coordination. Education • Associate in Science Business Administration-Longview Community College 1997 Certifications • Heavy Job, Heavy Bid,Viewpoint,SharePoint,MoDOT Bituminous Asphalt Testing and Aggregate Certification • American Society for Quality-Certified Quality Auditor,Primavera Project Planner P3 and P6, Delcan-MoDOT Audit Program • OSHA 10 Hr. • USACF,CQM Certification • Microsoft Project Fundamentals,Erosion Control Storm Water Manger Training • National Association of Women in Construction • Heart of America Volleyball Association—Board Member Document A305"' - 1986 Contractor's Qualification Statement The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED TO: City of Riverside,MO ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion.The author may also have revised the text of the original AIA standard form.An Additions and ADDRESS: 2950 NW Vivion Road Deletions Report that notes added Riverside,MO 64150 information as well as revisions to the standard farm text is available from the author and should be reviewed.A vertical line in the left margin of this SUBMITTED BY: Gunter Construction Company document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. NAME: Stephanie Gunter This document has important legal consequences.Consultation with an attorney is encouraged with respect to its completion or modification. ADDRESS: 520 Division Street This form is approved and Kansas City,KS 66103 recommended by the American Institute of Architects(AIA)and The Associated General Contractors of America(AGC)for use in evaluating PRINCIPAL OFFICE: the qualifications of contractors. No endorsement of the submitting party [X] Corporation or verification of the information is made by AIA or AGC. [ ] Partnership [ ] Individual [ ] Joint Venture [ ] Other NAME OF PROJECT: (if'applicable) 2021 Tremont Sculpture Base Project TYPE OF WORK: (file separate form for each Classification of Work) [X] General Construction [ ] HVAC [ ] Electrical [ ] Plumbing [ ] Other: (Specify) AIA Document A305- -1986.Copyright©1964,1969,1979 and 1986 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:19:00 on 03/08/2017 under Order No.6145631902 1 which expires on 06/03/2017,and is not for resale. User Notes: (1110520648) i § 1 ORGANIZATION § 1.1 How many years has your organization been in business as a Contractor? 30 § 1.2 How many years has your organization been in business under its present business name? 11 § 1.2.1 Under what other or former names has your organization operated? Architectural Restoration Company,Tiffany Construction,Inc. § 1.3 If your organization is a corporation,answer the following: § 1.3.1 Date of incorporation: 11/19/1991 § 1.3.2 State of incorporation: Kansas § 1.3.3 President's name: Christina Gunter § 1.3.4 Vice-president's name(s) Stephanie Gunter § 1.3.5 Secretary's name: Stephanie Gunter § 1.3.6 Treasurer's name: Stephanie Gunter § 1.4 If your organization is a partnership,answer the following: § 1.4.1 Date of organization: § 1.4.2 Type of partnership(if applicable): § 1.4.3 Name(s)of general partner(s) i § 1.5 If your organization is individually owned,answer the following: § 1.5.1 Date of organization: § 1.5.2 Name of owner: § 1.6 If the form of your organization is other than those listed above,describe it and name the principals: § 2 LICENSING § 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business,and indicate registration or license numbers,if applicable. Business Licenses:Kansas CityMO;Gladstone,MO;Independence,MO;Kansas City,KS;Lenexa,KS;Olathe,KS Certificate of Good Standing:State of Missouri,State of Kansas § 2.2 List jurisdictions in which your organization's partnership or trade name is filed. § 3 EXPERIENCE § 3.1 List the categories of work that your organization normally performs with its own forces. Concrete Work,Dirt Work/Excavation,Site Amenities,Demolotion,General Construction,Traffic Control,Masonry Interior Finish,Piping. § 3.2 Claims and Suits. (If the answer to any of the questions below is yes,please attach details.) § 3.2.1 Has your organization ever failed to complete any work awarded to it? No AIA Document A30570—1986.Copyright©1964,1969,1979 and 1986 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AIA*Document,or any 2 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:19:00 on 03/08/2017 under Order No.6145631902_t which expires on 06/03/2017,and is not for resale. User Notes: (1110520648) § 3.2.2 Are there any judgments,claims,arbitration proceedings or suits pending or outstanding against your organization or its officers? No § 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? Subcontractor-Breach of Contract § 3,3 Within the last five years,has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes,please attach details.) No § 3.4 On a separate sheet,list major construction projects your organization has in progress,giving the name of project, owner,architect,contract amount,percent complete and scheduled completion date. Please see the attached list of projects. § 3.4.1 State total worth of work in progress and under contract: r r Million § 3.5 On a separate sheet,list the major projects your organization has completed in the past five years,giving the name of project, owner,architect,contract amount, date of completion and percentage of the cost of the work performed with your own forces. Please see the attached list of projects. § 3.5.1 State average annual amount of construction work performed during the past five years: 16 Million § 3.6 On a separate sheet,list the construction experience and present commitments of the key individuals of your organization. Please see the attached resumes of Christina Gunter(President),Stephanie Gunter(Vice President) § 4 REFERENCES § 4.1 Trade References: Please see attached Credit Information. § 4.2 Bank References: Please see attached Credit Information. § 4.3 Surety: § 4.3.1 Name of bonding company: Please see attached Credit Information. § 4.3.2 Name and address of agent: Please see attached Credit Information. AIA Document A305TM—1986.Copyright®1964,1969,1979 and 1986 by The American Institute of Architects.All rights reserved.WARNING:This AIA'" Document is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any 3 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA scRware at 14:19:00 on 03/08/2017 under Order No.6145631902_1 which expires on 06/0312017,and is not for resale. User Notes: (1110520648) § 5 FINANCING § 5.1 Financial Statement. Upon Award/Request § 5.1.1 Attach a financial statement,preferably audited,including your organization's latest balance sheet and income statement showing the following items: Current Assets(e.g.,cash,joint venture accounts,accounts receivable,notes receivable,accrued income,deposits,materials inventory and prepaid expenses); Net Fixed Assets; } Other Assets; Current Liabilities(e.g.,accounts payable,notes payable,accrued expenses,provision for income taxes,advances,accrued salaries and accrued payrol l taxes); Other Liabilities(e.g.,capital,capital stock,authorized and outstanding shares par values,earned surplus and retained earnings). § 5.1.2 Name and address of firm preparing attached financial statement,and date thereof- Upon hereofUpon Award/Request § 5.1.3 Is the attached financial statement for the identical organization named on page one? Upon Award/Request § 5.1.4 If not,explain the relationship and financial responsibility of the organization whose financial statement is provided(e.g.,parent-subsidiary). N/A § 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? Yes § 6 SIGNATURE AOWL�_48ta& § 6.1 Dated at this 3 da of June,2021 Name of Organization: Gunter Construction Company By: Stephanie Gunter Title: Vice President § 6.2 M Stephanie Gunter being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this 3 day of June,2021 Notary Public: ( �/J� Y M.Kiley Notary Pubic, tate of Kansas My Aa'nrren t E -2025 PP My Commission Expires: 5-17 1"& _4:5--1-7 x AIA Document A305-—1986.Copyright 01964,1969,1979 and 1986 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any 4 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:19:00 on 03/08/2017 under Order No.6145631902_1 which expires on 06/0312017,and is not for resale. User Notes: (1110520648) Gunter Construction Company Credit Information and References 520 Division Street Kansas City, KS 66103 913-362-7844 Contact Stephanie Gunter Type of Organization: Kansas S Corporation Principal Type of Work: General Construction, Heavy Highway, Concrete, Masonry, Dirt/Excavation/Grading Federal ID #: 43-1596391 Bank: Citizens Bank & Trust 7820 NW 87th Terrace, Suite 300 Kansas City, Mo 64153 Office: (816) 459-4054 Fax: 816-505-1612 Mark Eagleton Bond & Insurance Contact: Thomas McGee, L.C. 120 W. 12th Street, Ste 1000 Kansas City, MO 64105 816-842-4800 Attn: Eric VanBuskirk Trade References: Logan Contractors Supply P: 913-768-1551 F:913-768-1171 Carter Waters P: 816-471-2570 F:816-421-2946 Fordyce Concrete Company P: 913-31-6517 F:913-345-4251 Geiger Ready Mix P: 913-772-4010 F:913-772-8661 Mike Reuter Herc Equipment Rental P: 816-221-7788 F:888-273-1956 Christina M. Gunter PROFESSIONAL EXPERIENCE GUNTER CONSTRUCTION COMPANY President 2008-Current • Responsible for compliance in all areas of the business • Oversee daily operations • Perform yearly reviews on all employees • Acquire Bank Loans and Lines of Credit • Maintain relationships with Banks and Bonding Companies • Analyze monthly job profit margins • Approve&Sign all payroll,invoices,subcontracts,and PO's for payment j • Develop new Policies and Procedure to better business workflow • Execute contracts with owners,and subcontractors • Maintain relationships with Owners,Subcontractors, Suppliers,and Inspectors j • Conflict Resolution • New Employee Training/Ongoing training for all employees • Execute Pay Applications to Owners and Subcontractors EDUCATION BACKGROUND • MODOT EEO compliance seminars • World of Concrete-Seminars,Exhibits,and Hands-on Training • Construction Business Management Classes(UMKC)-Scholarship-2016 • Small Business Owners and the Affordable Care Act(JCCC) -2015 • IRS Small Business Tax Workshop(JCCC)—2015 • The Associated General Contractors of America-Highway Safety Training—2015 • OSHA 10 hour certification • Turner School of Construction-2010 Graduate • Bachelor of Science in Business Finance/Insurance and Risk Management—Missouri State University 2008 CIVIC INTEREST i • Builder's Association: Member-2018-Present • Hillcrest Platte County Gala:Co-Chair 2018-2019 • Hillcrest Platte County:Gala Member:2017 • Woman in Construction Owners and Executives:2016-2018 • Kansas City Woman's Chamber:Member 2016-2017 • Minority Contractors Association of Greater Kansas City: Member-2016-2017 • Northland Young Professionals Leadership Board:2015-2017 I Stephanie Gunter PROFESSIONAL EXPERIENCE 2010 to Present Gunter Construction Company-Vice President *Maintain relationships with Banks,Bonding Company,Suppliers,and Subcontractors *Approve all loan and LOC documents •Review monthly financial reports *Perforin yearly reviews on all employees •401 k administrator *New employee training *Establish and update office policies and procedures 07/10-10/10 Walton Construction-Marketing/Estimating Assistant(Lay off due to company buyout) *Prepared bid proposals and ensure legal usage of branding *Created 80+resumes and project sheets for unified branding using InDesign •Input Subcontractor information into SmartBid software for estimators use *Found possible jobs to bid •Inventory,order,and put together necessary marketing gifts 01/09-07/10 Tiffany Construction Incorporated(now Gunter Construction Company)-Project Administrator *Prepared bids,bid documents,certified payrolls,and contract documents •Input budgets,change orders,new jobs,and new vendors into QuickBooks accounting software *Managed office documentation,all incoming invoices,and mail documents *Attended Pre-bids,Pre-construction meetings,and meetings with project owners •Searched city and county websites for possible jobs to bid ` •Greeted visitors and provided information as needed •Completed faxing,photocopying and filing duties 06/00-08/06 Mega Industries Corporation-Part-time summer work •Attended business meetings on retail development and building designs *Created documents using MS Word and MS Excel *Called vendors and subcontractors *Deposited checks to bank on weekly basis for company •General clerical work CERTIFICATIONS and COMPUTER SKILLS •OSHA 10-Hour Certification •Basic Immigration Requirements-2Hrs *Microsoft Office PowerPoint and Excel Certification *QuickBooks Contractor •Microsoft Office Suite •InDesign •SmartBid EDUCATION •B.S.in Business Administration,Emphasis: Entrepreneurship University of Missouri-Kansas City-May 2009 *Turner School of Construction-4128\2010 Graduate CIVIC INTEREST j Northland Young Professionals Member-2015-Present •Kansas City Woman's Chamber-Member-2016 *Minority Contractors Association of Greater Kansas City-2016 i i ii• 4111.1.lkkv 'VA Y."lf;-'o"A'. ♦ "A Vkso�' It to jJ11 jiit Hit. IIIIt- 111101 - 110 11i I I °i'r?i a , a F MIS % AA 'y1390U4 _ � John R. Ashcroft Secretary of State CERTIFICATE OF GOOD STANDING 1,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 Ent GUNTER CONSTRUCTION COMPANY F01294849 A Kansas entity was created under the laws of this State on 2/14/2013, and in Good Standing, having fully complied with all the requirements of this office. tY IN TESTIMONY WHEREOF, I hereunto set my hand and Off- TE H f cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson,the 24th day of February, 2021. V �S ere 66 of State ful I SUP" Certification Number: CERT-IN61433 L 41 5/24/2021 https://www.kansas.gov/bess/flow/main?execubon=e4sl STATE OF KANSAS OFFICE OF # SECRETARY OF STATE SCOTT SCHWAB I, SCOTT SCHWAB, Secretary of State of the state of Kansas,do hereby certify,that according to the records of this office. Business Entity ID Number: 4554192 i .Entity Name: GUNTER CONSTRUCTION COMPANY t Entity Type: DOM: FOR PROFIT CORPORATION i State of Organization: KS E { was filed in this office on October 17, 2011,and is in good standing,having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices of this entity. i r� 'Ry 0� T In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of May 24, 2021 n J r SCOTT SCHWAB SECRETARY OF STATE Certificate ID: 1178032 - To verify the validity of this certificate please visit ht ps://www.kansas.gov/bess/flow/validate and enter the certificate ID number. III https://www.kansas.gov/bess/flow/main?execution=e4s1 111 CERTIFICATION THAT CONTRACTOR IS NOT EXCLUDED FROM STATE OR FEDERAL PROGRAMS (This Certification MUST be notarized.) The undersigned, an authorized representative of the Contractor, hereby warrants, represents and certified that the following statements are correct: 1. That the undersigned has the authority to execute this Certification on behalf of the Contractor;and 2. That the Contractor has not been rescinded or debarred from any Bidding, Contractual, Procurement and/or Non-procurement Programs or other such programs with the United States Government as identified by the U.S. General Services Administration Office of Acquisition Policy;and 3. That the Contractor has not been similarly rescinded or debarred from any bidding, contractual,procurement or other such programs of the State of Missouri. The undersigned understands that these representations go to the essence of this bid and proposal and of any resulting contract, and that false statements with regards to, or actions in violation of, these representations at any time during the bidding process or performance of any other resulting contract, may constitute grounds for disqualification of any bid or proposal or termination of any contract. Signature Stephanie Gunter Printed Name Vice President Title Subscribed and sworn to before me this 3 day of June. 2021 Notary Public My Commission expires: 5-17-2025 AMY M. KIRBY Notary Public.State of Kansas --• .1. MV/�P of _ nt Ex eros ANTI-COLLUSION STATEMENT STATE OF Kansas � SS. COUNTY OF Wyandotte ) Stephanie Gunter being first duly sworn,deposes and says that she is Vice President Title of Person Signing of Gunter Construction Company Gunter Construction Company Name of Bidder that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (The person, firm,association, or corporation making said bid)has not, either directly or indirectly,entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid or any contract which may result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. By /16an A, I tep a'hie Gunter By By Sworn to before me this 3 day of June ,2021 otary Public My Commission Expires 5-17-2025 AMY M.KInY Notary Public,State of Kansas Completed Project Owner Owner Name Owner Phone# Project Name and Description Project Location Contract Amount NE 76th Street Improvements-roadway IN PROGRESS improvements at NE 76"Street from N.Oak Completion Date: City of Gladstone,MO James Edmiston 816-436-2200 Traffcway to N.Brooklyn Avenue and all relate N.Oak Trafficway To N.Brooklyn $ 2,558,149.65 appurtenances including curb and gutter,sidewalk, Gladstone,MO 64118 drive approaches,sewer and water services,and asphalt. IN PROGRESS MODOT Route 350 Jackson County Intersection Route 350&Gregory Blvd. Completion Date: Missouri Department of Transporation Improvements-added turn lane,concrete paving, Raytown.MO Gregory $ 313,8221.05 October 2021 curb and gutter,ADA and traffic improvements. 4133 IN PROGRESS MODOT Route 7 Jackson County ADA Improvements Completion Date: Missouri Department of Transportation Alyssa Rogers 816-347-4143 ADA Improvements on sidewalks and intersections. 7 Hwy North&Duncan Rd $ 549,763.52 October 2021 Replacing tum lanes with ADA approved concrete Blue Spring,MO 64014 entries,pedestrian lighting and traffic control. IN PROGRESS City wide- concrete removals and replacements. Completion Date: City of Kansas City,MO Concrete trails,sidewalks,structural concrete,paving April 2022 General Services Department Darrell Everette 816-513-0798 repairs,storm piping.guard rails,site grading,site City Wide Multiple Locations $ 600,000.00 furnishings,and seeding. IN PROGRESS The Masters Trail-Grading for drainage Completion Date: The Masters Home Owners Association Derek Fickenscher 616-678-2669 Improvements,pipe,remove and replace trail. 8110 NW Masters Lane, Parkville,MO 64152 $ 11,718.00 May 2021 QHR Outdoor Classrooms-Construct two 20'x 30' IN PROGRESS metal shelter structures with metal roofs, concrete Completion Date: Queen of the Holy Rosary Wea Church Mark Andrasik 913-879-7059 slabs and concrete sidewalks. Provide electrical 22705 Metcalf Ave,Bucyrus,KS 66013 $ 183,990.00 September 2021 power and lighting. Construct 12-space asphalt arkina lot. Grade and seed ad acent grounds. IN PROGRESS Chouteau Parkway and 1-35-Roadway and Trail Completion Date: City of Kansas City,MO James Wang 816-513-7632 improvements including asphalt street work,storm NE Chouteau Pkwy&1-35 Parks and Recreation Department sewer,concrete trail,retaining wall,barrier wall, Kansas City,MO 64117 $ 2'952'850'79 February 2022 traffic/streetlight modifications and landscaping. IN PROGRESS Butcher-Greene Elementary Playground Completion Date: Grandview C-4 School District Michael Killeen 816-207-6019 Improvements-Remove and replace parking lot withnew playground area,equipment,curb and gutter, 5302E 140th Street Grandview,MO 64030 $ 205,454.00 May 2021 sidewalks,asphalt,fencing,landscaping and striping. ADA 19-(4)Kansas City Community Center- 1600 John Buck O'Neil Way,KCMO 64108 IN PROGRESS Concrete renovations,site grading,demo.concrete General:The Wilson Group KCMG 64151 Completion Date: CitJack Reasbeck 816-434-3196 curb and gutter,sidewalks.ADA reconstruction,Storm 5940 NW Waukomis Dr, $ 473,OE4.00 May 2021 y of Kansas City,MO Sewer improvements,exterior concrete 8200 The Paseo,Kansas City,MO 64131 reconstruction. 3601 Roanoke Rd,Kansas City,MO 64111 IN PROGRESS Verona Columns Fountain Improvements-Remove Completion Date: City of Mission Hills,KS Jennifer Lee 913-362-9620 and Replace existing flagstone,coping stones, Ensley Ln and Overhill Road May 2021 fountain sculptures basin walls,floor and epoxy Mission Hills KS,66208 $ 126,374.53 coating. IN PROGRESS Hedge Lane Lift Station-Construction of new Sanitary Hedge Lane and Dennis Ave Completion Date: City of Olathe,KS Aaron Wasko 913-971-9108 Sewer Pump Station and facility infrastructure. Olathe,KS 66061 $ 910,000.00 November 2021 IN PROGRESS General:Mark One Electric Waste Water SCADA-Interior demolition,interior Completion Date: City of Kansas City,MO Joseph Mattli 816-303-4186 office finishes,concrete ramp work. 7300 Hawthorne Rd,Kansas City,MO 64120 $ 232,056.11 ,May 2021 Ex'tibit A Lackman Road-Installation of storm sewer,new IN PROGRESS concrete trails with integrated form lined retaining Completion Date: City of Lenexa,KS Ben Clark 913-477-7795 walls and hand rails,replacement of sidewalks and 9500 Lackman Road,Lenexa,KS 66219 $ 2,133.950.00 May 2021 ADA ramps,new asphalt intersections with traffic lighting,new street lighting. IN PROGRESSCit of Kansas City,MO Completion Date: y y Uday Manepalli 816-914-8775 Davidson Elementary School-Adding sidewalk, N Wayne Ave&NE 52nd St Ma 2021 General Services Department ADA's,replacing curb,and replacing storm inlet box Kansas City,MO 64118 $ 382,253.38 IN PROGRESS Minnesota Ave.Roadway Improvements-Installation Completion Date: Unified Government of Wyandotte County, David Clark 913-573-5000 of storm sewer,replacement of sidewalks and ADA 600 Minnesota Ave Kansas City,KS 66101 $ 1,692,914.45 Y Ma 2021 ramps,new medians and asphalt intersections with traffic lighting,new street lighting,fencing. 95th Street Wolcott WWTP-Demolition of existing IN PROGRESS General:Gamey Construction asphalt and gravel road.tree clearing,placement of Completion Date: Unified Govemment of Wyandotte County Frank Schilling 816-278-5950 7,350 CY of fill dirt,aggregate road base and 10 9404 Main Street,Kansas City,KS 66109 $ 624,158.00 August 2021 inches of asphalt paving for a 2,000 ft long 23 ft wide roadway. IN PROGRESS T-Hangar-New installation of 6 Hanger Steel Completion Date: Cit of Hi Building Foundation and concrete areas around the 11667 Airport Road Hi p y gginsville,MO Donna Brown 660-584-6771 building.Replace asphalt areas and crack sealing as 99insville,MO 64037 $ 735,385.00 August 2021 9� P P 9 needed. Rock Creek Channel Improvements-Construct mechanical stabilized earth retaining walls and IN PROGRESS modular block walls within a creek bank area under a Completion Date: City of Mission,KS Celia Duran 913-676-8381 Nationwide Federal Floodplain Permit.Reconstruction Martway Street&Roeland Drive $ 4,295,143.00 May 2021 of impacted road improvements in surrounding Mission.KS 66202 impacted neighborhood and commercial areas,native plantings,storm sewer installation,curb and gutter and asphalt pavement Design/Build a playground and park area inspired by Dr.MLK JR's,civil rights journey and funded by"The IN PROGRESS City of Kansas City,MO Richard Allen 816-513-7713 15 and the Mahomies Foundation".Includes 1800 Swope Parkway $ 1,181,641.81 excavating,grading,concrete trail,brick pavers, Kansas City,MO 64130 poured in place play surfacing,play equipment, striping,and landscaping. Miami County-Grading&Surfacing&Traffic Signal - Reconstruct intersection at Hedge Lane and Bapiteste IN PROGRESS Kansas Department of Transportation Lee Alvarado 785-296-7940 Drive,construct RCB extending drainage,new traffic Baptiste Dr and Holly Ln,Paola,KS 66071 $ 423,1 E2.35 signal and configuration,Adding ADA ramps and turn lanes. City y of Kansas City,MO 20-21 CWA GO Bond South Sidewalk Repair- IN PROGRESS Uday Manepalli 816-914-8775 Remove and replace curbs,sidewalks,driveways.and Kensington Ave&E 43rd St $ 1,850,748.00 General Services Department inlets South of the river at multiple locations. Kansas City,MO 64130 Renovate Building 46-Fort Leavenworth-Demo of General.Atherton Construction existing structures,reconstruction of commercial 711 McClellan Ave Building 46 IN PROGRESS US Army Corps of Engineers Kendall Jasperson 702-889-3600 elevator shaft,exterior building concrete,parking lot, Fort Leavenworth,KS 66027 $ 272,778 00 sidewalks and Darkino lot areas. City wide- concrete removals and replacements. 2021 City of Kansas City,MO Darrell Everette 816-513-0798 Concrete trails,sidewalks,structural concrete,paving City Wide Multiple Locations $ 3,126,422.00General Services Department repairs,storm piping,guard rails,site grading,site furnishings and seeding. Roeland Park Storm Drainage-Install new storm W 55th St and Roeland Dr. 2021 City of Roeland Park,KS Greg Patten 816-823-7331 sewer pipe and inlets.Remove existing and tie in to Roeland Park.KS $ 191,932.24 new. E#ibtA Traffic Signalization and Roadway Widening at 175th 2021 City of Olathe,KS Zach Baker 913-971-9009 Street and Lone Elm Road-Adding tum lanes to Lone S Lone Elm Rd&W 175th St $ 620,675.82 Elm Rd along with supporting traffic signals and Spring Hill,KS 66062 pipework. 6628 NW Hidden Valley Drive KCMG 64152 6529 NW Hidden Valley Drive Parkville 64152 2021 Platte County Planning and Zoning Dan Erickson 816-858-3338 2020 Storm Drainage Maintenance Project-Remove 12630 Deer Trail Parkville 64152 and replace existing storm sewer at six locations. 6405 NW Colony Drive KCMO 64152 $ 257,325 32 6502 NW Quail Run Drive KCMO 64152 9908 NW Blum Road KCMO 415 MoDOT Route 7 Jackson County-Signal improvements and added intersection turn lanes on 8th-379 miles of reconstruction of a major intersection 2021 Missouri Department of Transportation James Pflum 816-353-8353 to add overhead traffic signals,tum lanes,storm SW South Ave and Route 7 Hwy $ 903,939.98 sewer,sidewalks curb and gutter,asphalt pavement, Blue Springs,MO 64014 ITS and signal installation,commercial entrances, striping and traffic control signing,and railroad right of way work. i City of Kansas City,MO 107th Street Sidewalk-Install storm 2021 Public Works Department Mario Vasquez 816-513 6984 pipe,inlets,new 107th St. Blue Ridge Bristol $ 1,403,452.47 curb new sidewalk concrete overs. Kansas Cit MO 641455 Berkley Riverfront Parking Reconstruction of concrete 2020 General:Neighbors Construction Fletcher Harder 913-827-2609 commercial entrance,new ADA ramps and concrete 701 Berkley Parkway in Kansas City.MO $ 77,195.00 pad. Groat Street Improvements-Reconstructing a 4 block neighborhood street and intersections,driveways, sidewalks,curb and gutter,asphalt pavement,utility 315 East Prospect Street, 2020 City of Cameron,MO Drew Bontrager 816-632-2177 relocation coordination and storm sewer construction Cameron.MO 64429 $ 1,107.061.00 the entire length of improved roadway all while keeping 100%access to homeowners and business owners in the area. KCATA East Village Mobility Hub Package 5A.2- Transit Center Building&two way conversion on 2020 Kansas City Area Transportation Authority David Schaecher 816-346-0360 Charlotte Street,site work,concrete&asphalt paving, 13th and Charlotte, Kansas City,MO $ 9,068,683.70 conductive concrete, site lighting,canopy,parking lot, landscaping. 2020 HD Supply Construction Supply,Ltd Anthony Callura 816-214-7150 Pavement Repairs at HD Supply-Remove and 1907 Warren Street Kansas City,MO 64116 $ 65,730.00 replace concrete pavement. 2020 The Masters Home Owners Association Kirk Clore 816-678-2669 The Masters Trail-Remove and replace concrete trail. 8055 NW Masters Lane,Parkville,MO 64152 $ 9,140.00 2020 Jackson County,MO Barbara Casamento 816-881-3267 Metal Shade Structure,install 30'x30'shade 9898 Longview Road Kansas City,MO 64134 $ 44,500.00 structure. 2020 General:Cornell Roofing Andrew Christ 816-252-8300 City Wide Roof Repairs- KCMG/Cit Wide C of Kansas Ci MO Misc,demolition and concrete work. y T&M 2020 General:Tasco LLC Randy Said 816-269-9507 Stream Bank Stabilization-Installation of a stilling 252 SW Winterpark Circle S 67,904.53 Cit of Lee's Summit Missouri basin and toe wall to Cedar Creek. Lee's Summit MO 64081 General:ABCreative McCoy Park-Supply and install 400 linear 5801-5999 E 15th Terrace 2020 Cit of Kansas City,MO Zach Herren 913-583-3332 feet of 4"perforated N12 tile with sock and embedded $ 12,450.00 City y in clean stone to existing grade. Kansas City,MO 64126 General:Brown and Root Industrial KCI Guardrail Repair and Maintenance Shop- 2020 Services Ryan Taylor 816-231-2178 demolitions of bus maintenance pit and installation of 125 Paris Street Kansas City,MO 64153 $ 30,580.00 Ciyt of Kansas City,MO concrete paving. Gentry 11th-12th Street—Installation of storm sewer. E 11th Ave&Gentry 2020 City of North Kansas City,MO Pat Hawver 816-274-6004 new curbs between 11th and 12th Ave. Demo and North Kansas City,MO 64116 $ 139,307.50 installation of drive entrances and sidewalks. General:Brown and Root Industrial KC Fire Department-Removal and installation of 2020 Services Ryan Taylor 816-231-2178 concrete paving work at fueling station. 6640 East Trafficway,Kansas City,MO 64129 $ 80,065.00 lCity f KanCity,MO Exhibit A Walnut St,Improvements,3rd to 5th St.-The demolition and removal of concrete sidewalks,drives, City of Kansas City,MO brick pavers and storm sewer,and installation of 2020 Public Works Department Randy Alewine 816-718-2862 concrete sidewalks,drives,landscape planter beds, 20 E 5th Street,Kansas City,MO 64106 S 2,506,668.00 storm inlets,storm water detention system,electrical, lighting,bollards,bike racks and signage at River Market. KSLEN Fuel Island Sump and Concrete Repairs for 2020 UPS ral:P.B.Hoidale Co,Inc. Teresa Maxwell 913-438-1500 UPS-The demolition,removal and replacement of concrete curbs,drives and reinforcement for fueling 14650 Santa Fe Trail Drive Lenexa,KS 66215 S 107,684.77 stations. 2019 EH Young Riverfront Park Improvements- 2020 City of Riverside,MO Noel Challis 816-741-3993 Revitalization of park,new concrete trails,Pickleball 1001 Argosy Casino Parkway $ 2,246,985.00 court,new drive lanes through the park,striping, Riverside,MO fencin ,handrails.and shade structures, 2020 Unified Government of Wyandotte County Jack Webb 913-573-8362 City Park Pavilion-Roof reconstruction and masonry and Kansas City.Kansas 2601 Park Dr,Kansas City.KS 66102 S 114,080,00 repairs. Johnson County Northeast Office and North Central 2020 Board of County Commissioners of JOCO Rick Gehlbach 913-706-6382 Muilt-Service Center ADA Paving-Remove and 12425 W.87th Street,Lenexa KS& $ 139,304.00 replace sidewalk and pavement at two JOCO office 6000 Lamar Ave,Mission,KS buildings in order to bring them up to ADA compliance. 2020 Kansas Department of Transportation James Schneider 620-672-0763 Vault Toilet Installation-Installation of ADA concrete 26325 W 135th Street Olathe,KS 66061 $ 14,735-00 paving and signage for access to restrooms. Public Road Work on QuikTrip#153-Road Alignment 2020 General:Rothwell Construction,Inc. Terry Winter 816-228-8808 Modification consisting of Storm Sewer,MoDOT 1401 Armour Rd QuikTrip Barrier,Concrete Pavement,Drive Entrances,ADA North Kansas City,MO 64116 $ 565,128.00 Ramps,Curb,Permanent Markings&Signage Hybrid Beacon,81 st and Metcalf Ave Overland Park, 2020 General:RS Electric Utility Services KS -Concrete sidewalk,curb&gutter and ADA Ci of Overland Park Dustin Dunham 800-540-1938 81st&Metcalf Ave Overland Park,KS $ 5,438.00 City ramps along with some concrete demolition at the intersection of 81 st and Metcalf. Alphapointe Campus-The demolition,removal and 7501 Prospect Drive 2019 AlphaPointe Linda Laborde 816-421-5848 replacement of concrete sidewalks and asphalt drives Kansas City,MO 64132 $ 1,920.00 for vehicular and foot traffic Rabbit Hole Knox Parking Lot-1315 Knox Street 1315 Knox Street 2019 City of North Kansas City,MO Pat Hawver 816-274-6004 North Kansas City,MO 64116 Repair of the parking North Kansas City,MO 64116 S 303,605.58 lot installation of storm sewer and lighting 2019 City of Mission,KS Brent D Morton 913-676-8380 Reeds Road and Johnson Drive Reeds Road and Johnson Drive $ 49,453.93 RCB Repair over Rock Creek Mission KS 66202 72nd&N.Broadway Intersection Improvements-NW 72nd and N.Broadway Gladstone,MO-Intersection 2019 City of Gladstone,MO Tim Nebergall 816-591-9231 Improvements for NW 72nd St and Broadway. NW 72nd St and Broadway,Gladstone,MO $ 245,743.35 Reconstruction of existing tum island,reconfigured ADA ramps,Signal upgrades,sidewalk improvements. General:RS Electric Utility Services Intersection Improvements Kentucky/Running Horse& 2p1g y Running Horse&Platte Falls Road City of Platte City,MO Dustin Dunham 800-540-1938 Platte Falls Road-Removal of Improvements, $ 46,567.80 Grading,Concrete Sidewalk,Curb&ADA Ramps Platte City,MO General:Brown and Root UMKC Administrative North Drive Improvements- 2019 Ryan Taylor 573-441-0365 Concrete Pavement,Curb,Sidewalk&ADA 5115 Oak Street Kansas Cit MO 64112 $ 419,509.19 University of Missouri-Kansas City Y. Replacement. 2019 CARS Program 67th Street Improvements- Bridge repairs,installation of pedestrian bridge, 67th Street-Mastin Dr&Antioch Rd 2019 City of Merriam,KS Carl Sanders 913-980-8320 additional lighting,concrete repairs and replacements, Mission,KS 66202 $ 2,212,349.14 installation of pedestrian signals and pavement markin _ Exhibit A Multi Service ADA Pavement improvements to the 2019 Johnson County Community College Larry Allen 913-469-2336 Fire Access Drive-Removal of non-compliant fire 12345 College Blvd Ovedand Park,KS access lane,New fire access lane,remove and $ 168,800.18 replace damage granite pavers and bQllirds, 2019 General:J Warren Co. Adam Warren 785-235 9944 Mission Road Street Lights-Replacement of concrete 92nd Terrace and Mission Road Cit of Mission KS sidewalks and ADA ramps. Leawood KS 66206 $ 41,001.78 NKC Armour Bike Lanes-Installation of bike lanes, 2019 City of North Kansas City,MO Sara Copeland 616-412-7855 new concrete islands with stamped colored concrete Armour Road inlays crosswalks,ADA sidewalk ramps,new lane and North Kansas City,MO 64116 $ 412,734.10 bike strioin . City of Kansas City,MO Bid Package 17-West bottom Garage Repair&ADA 2019 General Services Department Gnani Mahalingam 816-513-2326 Compliance-ADA repairs,concrete repairs,hand 2200 State Line Road Kansas City,MO 64102 $ 2,244.200.35 rails new lighting. 2019 Kansas City Area Transportation Authority Andy Robichaud 816-346-0818 KCATA Concrete parking stops. 1200 E 18th Street,Kansas City,MO. 64108 $ 1,400.00 Demolition of existing concrete sidewalks and a parking garage wall to construct an ADA compliant entryway for the main entrance to the administration 3200 Broadway Boulevard 2019 Metropolitan Community College Nicole Averell 816-604-1353 building at metropolitan community college.Installation $ 150,795.41 of new handrails and landscaping.Installation on an Kansas City,MO 64111 ADA compliant ramp and stairs on the 2nd floor of the parking garage. 2019 CenturyLink Install approximately 245 LF of new chain link fence Lydia Ave.&19th St.Kansas City,MO Scott March 573-886-3328 with razor wire on top along property line with KCATA. y y $ 17,618.20 2019 General:The Wilson Group Jack Reasbeck 816-5370212 KCMO City Hall-ADA Bid Package#14-Remove 414 E12th Street Kansas Cit MO 64106 $ 30.219.21 Cit of Kansas Cit - E.MO and replace stairs and ramps, y' New Driveway Approach at Lydia and 19th Street- 2019 Kansas City Area Transportation Authority Lesa George 816-346-0202 Removed sections of fencing and asphalt parking lot Ly dia Ave.&19th St.Kansas Cit MO and installed new concrete drive entrances and rolling y, $ 124,867.22 fence gates. Courtney Bend Water Plant Vaults:Remove existing concrete/timber chemical injection vaults and reinstall 14700 Cement City Road, 2019 City of Independence,MO Bob Parks 816-325-7702 new concrete vaults to provide maintenance Sugar Creek,MO $ 109,902.00 personnel safe access to work on chemical feed lines for Inde enden a Water Removing three relief well covers in the parking lot 2019 Helzberg Diamonds Ron Battaglia 816-627-1274 pavement that are low and collect water and replacing 400 Nichols Rd $ 105,626.22 with new covers that are raised in new pavement so Kansas City,MO 64112 water drains away from them. Mission Road&119th Retaining Wall Program- Mission Road&119th 2019 City of Leawood,KS Karen Rust 913-663-9141 Remove and replace precast retaining wall including $ 51,898.93 site restoration. Leawood,Kansas 66209 2019 Kansas Speedway Connie Boring 913-328-5081 Concrete RV Pads. 400 Village West Pkwy $ 16,000.00 Kansas City,KS 66111 KCATA 5A Fast Village Mass Grading-concrete 2019 Kansas City Area Transportation Authority David Schaecher 816-346-0360 retaining wall,storm sewer,underground storm water 12th&Charlotte.Kansas City,MO $ 1,000,615.34 detentions stem erosion control. KCATA 75th Street Mobility Hub- Driver relief building,site work,concrete paving, 75th and Prospect 2019 Kansas City Area Transportation Authority David Schaecher 816-346-0360 conductive concrete,underground detention,site Kansas City,MO 64132 $ 4,467,844.00 lighting,unloading area for 9 buses,parking lot, landscaping, 2019 City of Lee's Summit,MO James M Tepper 816-472-9500 Woods Chapel Road-Concrete flat work,retaining NE Woods Chapel Road&NE Channel Drive, $ 2g 834.67 wall ADA ramps- Lee's Summit MO 2019 General:Capital Electric Line Builders, 9g Inc. David Haggard 816-329-8206 Priority Traffic Signals-Concrete sidewalk,curb,ADA Unified Government Wyandotte County ramps,concrete approach(concrete flatwork). Multiple locations $ 70.554.71 2019 The Whiting-Turner Contracting Henry Falk 816-921-0100 Redesign Post Gate 28-Sidewalks,Curb and 1240 Mexico City Ave Kansas City,MO Aviation D Partment I IGuttertPaved Ditch, Kansas City,MO $ 69,068.D0 2019 City of Kansas City,MO Municipal Service Center(MSC)Fuel Station- 5350 Municipal Ave G neral Services De artment Gnani Mahalingam 816-513-2326 Concrete paving.fuel tanks and fuel s stem. Kansas City,MO 64120 $ 1,816,7C4.00 Exhibit A Beacon Hill Southwest Quadrant Infrastructure 2019 City of Kansas City,MO Improvements-Street realignment and improvement, Public Works Department Kimberly Pemberton 816-513-2741 Storm and Sanitary Sewer installation,Water Main, 26th&Troost/Beacon Hill KCMO $ 2,580,516.88 Street Lighting and Landscaping. General:Superior Bowen Rehab Bern,Paris,Brasilia&International Circle- 2019 City of Kansas City,MO Bob Jewett 816-921-8200 Concrete Curb&Gutter,Concrete Pavement,Storm Kansas City International Airport $ 160252.03 Inlet. 22nd-23rd Street Connector- 2019 City of Kansas City,MO Street Construction, Asphalt,Concrete Curbs and 22nd/23rd Street Brooklyn Ave, ChestGeneral Services Department Kimberly Pemberton 816-513-2741 ve. nut, Gutters,Sidewalks,Bus Stop Slabs,Earthwork,Street $ 3,228,041.52 Lights,Traffic Control,Pavement Striping and Kansas City,MO Signage. 2018 Kansas Department of Transportation Nathan Jeffries 913-764-4525 Install concrete curb,guardrail,signage on 1-35. 1-35 from S of Lamar to Cambridge Circle $ 122,227,15 2018 Turner Recreation Commission Camellia White 913-287-2111 Highland Park Parking Lot-Asphalt Removal and Kansas Ci KS replacement of arkin lot ty, $ 371,675,00 Broadway Westport Streetscape- Remove and 2018 City of Kansas City Missouri Erica Fled 816-513-7780 replace asphalt and concrete for sidewalks and brick 39th and Broadway KCMO $ 568,332.00 avers. 2018 Rosecrans Airport/AmeriFence Tom Jung 913-307-0306 Ext Rosecrans Memorial Airport-Concrete driveway St Joseph,MO $ 8,317,00 17 approaches. Lenexa Monument Signage 2018-Construction of stone masonry entrance monuments at 18 locations in 2018 City of Lenexa,KS Kathy McCabe 913-477-7665 Lenexa,KS.The monuments consisted of a cast-in- Multiple locations $ 367.0E1.00 place concrete core with a stone masonry veneer with cast stone panels. Traffic Signal Install at NE Parvin&N Corrington- 2018 General:Electrical Services,Inc Carl Meinhardt 816-215-9450 Removal and replacement of the sidewalk ramps at NE Parvin Road and N Corrin ton Ave 9 $ 26,511.45 City of Kansas City,Mo four comers of an intersection to make the ADA compliant. Gateway Sandbag Sill Replacement: Removing Unsuitable Materials,Existing Concrete Sill, Pavement,Sidewalk,Recompacting Subgrade, 2018 Riverside Quindaro Bend Levee District Ben Drake 816-587-1125 Forming and Placing the Concrete Sill,Backfilling Gateway blvd Riverside MO 64150 $ 114,857.00 Flowable Fill,Replacing Adjacent Pavement With Concrete Approach Pavement,Replacing Concrete Sidewalks. Pre Cast Restrooms: Lea Alvey Park: Unified Government of Wyandotte County Installation of two precast restroom buildings, 2018 Kelly Regan sidewalk;one restroom at Leo Alvey Park and one at- 4834 Metropolitan Ave Kansas City,KS Homestead Park: $ 226,7C3.00 913-573-5440 including site preparation,utilities and concrete He thwood Park. 1021 Parallel Pkwy Kansas City,KS 2018 General:Mark One Electric Carl Privitera 816-842-7023 Bartle Hall Lighting- Bartle Hall KCMG Cit of Kansas Cit MO Concrete Light Pole Bases and Equipment P $ 111,015.49 General:Layne Relief Wells Phase 2- 900 NW Richards Rd. 2018 City of Kansas City,MO Terry Heiliger 515-986-3462 Excavation,Backfill,Concrete Relief Well Structures, Kansas City,MO 64116 $ 572,8E9.00 Pavement Repair. Crysler Avenue-Complete Street Improvements, Crysler Ave.8 43rd Street 2018 City of Independence,MO Shar Dilmaghani 816-325-7611 Concrete Curb and Gutter,Concrete Sidewalks, Independence,MO 64050 Traffic Signals,Seeding,Signing and Pavement p $ 792,156.91 Markino. Lea McKeighan Park North 601 NE Meadow Lane 2018 City of Lee's Summit,MO Steve Casey 816-969-1503 Construction of Concession Building,Picnic Shelter, Lee Sunr it,MO 64063 $ 2,670,8C4.00 Shade Shelter,Sidewalks,Trail and Parking Lot. 2018 Unified Government of Wyandotte County Lideana Laboy 913-573-5400 Remove and Replace Sidewalks,Handicap Ramps, Tauromee Avenue to Washington Blvd Kansas Curbs and New Street Lights. Kansas City,KS 66102 $ 857,476.91 Brush Creek and Blue River Confluence Trail City of Kansas City,MO Concrete Trail,Pedestrian Bridge,BridCfor Elmwood Ave.&Emanuel Cleaver 11 Blvd Kansas 2018 Parks and Recreation Department Richard Allen 816-513-7713 City,MO 64130 $ 1,114,242.00 p Railroad Crossing,Seeding,Mulching,Grading, Signage and Pavement Markings. Exhibit A City of Kansas City,MO Bannister&James A.Reed Park Improvements 99th Street&James A.Reed Road 2018 Parks and Recreation Department Richard Allen 816-513-7713 Installation of New Trail,Play Equipment,Exercise Kansas City,MO 64138 Station and Synthetic Turf. 2018 University of Missouri,Kansas City Chad Bristow 816-235-1689 Holmes Road-Remove and Replace Sidewalks,Curb and Gutter Widening,Street Resurfacing. 51st Street&Holmes Kansas City,MO 64110 $ 395,015.00 K-7-Leavenworth Surfacing and Traffic Signal 2016 Kansas Department of Transportation Amy Pope 913-721-2754 Surfacing and Traffic Signal: Installation Of Right Left Turn Lanes at 75th Street City of Shawnee Turn Lane,Sidewalks,ADA Ramps and New Traffic Johnson County,Kansas $ 515,853.00 Si nal. City of Kansas City,MO ADA Compliant Upgrades#13 Swope Park Pool, 2018 9 P Gnani Mahalingam 816-513-2326 Building Repairs,Doors,Carpentry,Mason , 6500-6532 Riverside Dr. General Services Department P Masonry,TileKansas City,MO 64132 $ 1,296,663.48 Paintin Misc.Metals and Concrete Work. The Wllson Group Jack Reasbeck 816 537-0212 P 511 E 11th Street 2018 Ci of Kansas Cit MO KC Interior D al Courthouse $ 70,182.00 Interior Demolition Time and Materials). Kansas Cit MO 64106 3 Trails Transit Center-Installation of new Restroom 8429 Blue Ridge Blvd 2018 Kansas City Area Transportation Authority Keith Sanders 816-346-0359 building with structural footings,Bus Stop Kiosks, Kansas Cit MO blvd Shelter,Pervious pavement parking lot and Bus Lane, y' 4138 $ 1,896,792.35 concrete sidewalk. 2017 General:Black&McDonald Iron 1311 ISt Davis Paint Darrell Silinauck 913-647-5522 Electrical Trenching $ 10,622.00 General:Electrical Services,Inc North Kansas Cit MO 64116 2017 Cit of Overland Park Kansas Cart Meinhardt 816-215-9450 Installation of Sidewalk,Sidewalk Ramps and 87th&Farley and 87th&Grant Installation of Modular Retaining Wall Overland Park.KS 66212 $ 17,356.00 Cliff Drive Scenic Byway-Concrete Trail,Curb& 2017 City of Kansas City,MO Gutter,ADA Ramps,Sidewalk and Driveways,Storm Cliff Drive&Lexington Ave. P Parks and Recreation Department Scott Overbay 816-513-7628 Kansas City,MO $ 759,041.26 Sewer Pipe,2 Large Block retaining wall systems installation,Mulching,Grading and Signage 2017 Wyandotte County Kansas Scott Niemeyer 816-650-5038 3 Panels of Sidewalk Lantel $ 819.00 2017 7th Street Casino Jim Nesvold 913-708-2356 Sidewalk Replacement 7th Street Casino $ 4,615.00 2017 General:DH Pace Samantha Moore 816-480-2667 Concrete Trench Repair Park Hill School District P Lakeview,Hawthorne,Park Hill HS $ 7,250.00 2017 General:Universal Construction Company Ivan Bcwlin 913-342-1150 Concrete Stairs and Sidewalk Lakeview,Hawthorne,Park Hill HS Park Hill School District $ 119,112.00 2017 Kansas Speedway Connie Boring 913-328-5081 Install Reinforced Concrete Pads Kansas City,KS $ 29,955.00 2017 General:Black&McDonald Dan Kinate 913-647-5504 (CID Santa Fe Pump Station)Trenching and Concrete KCMG-Woodswether road $ 34,837.00 Ci of Kansas Cit MO Work City of Kansas City,MO Sidewalk Removal and Installation,Pedestrian 2017 Parks and Recreation Department Masood Alemifar 816-513-6924 Crossing Electrical and Striping,Seeding,Historical KCMG-Marion Park Drive $ 342,094.20 Markers 2017 Curry Real Estate Services Kent Collier 816-414-5254 Remove and replace existing concrete sidewalks, Gladstone,MO Kendallwood Apts. $ 15,583.00 curbs.and staircase at Kendallwood Apartments 2017 City of Olathe Michael Latka 913-971-8659 Downtown Trash Enclosure Olathe,KS $ 68,509.75 General:Layne Excavation and Construction of Concrete Vaults in 2017 City of Kansas City,MO Terry Heiliger 515-710-2560 Association with New Relief Wells,Manhole Lid KCMG,Charles B.Wheeler Downtown Airport $ 156,414.50 Repair,Traffic Control 2017 City of Kansas City,Missouri Rehabilitation of East Bottoms Pump Station including Water Services De artment Carla Bergman 816-513-0348 masonry,roofing an flashingKansas City,MO-East bottoms $ 1,074,745.00 City of Kansas City,MO West Terrace Dog Park- Concrete sidewalk/trail, 2017 Parks and Recreation Department Jimmi Lossing 816-513-7600 stairs,fencing,landscaping,site amenties for off-leash Kansas City,MO,West Terrace Off Leash Area $ 708,268.00 dog park Clearing,Grading,installation 1 mile concrete bike 2017 City of Gladstone,MO Glen Whitten 816-436-2200 trail,new fencing,pedestrian bridge,storm drain Gladstone.MO,Rock Creek Trail $ 1,010,635.00 modifications Install retaining walls r2017 General:Blue Nile Nick Kisner 816-547-7349 Manhole Grade Adjustments,Demo,Replacement of Kansas Cit MO-Cit ide Ci of Kansas Ci MO manholes and r ffi n rol y y $ 88,128.00 Exhibit A Miscellaneous ADA Compliant Upgrades#2 to 6 City of Kansas City,MO Building interiors-drywall,tile,doors,painting, y 2017 General Services Department Jenny Harriman 816-513-2526 masonry,carpentry,cabinets,misc.metal,partitions, Kansas City,Missouri-6 Buildings $ 2,642,440.00 ceiling,asphalt,striping,grading,doors,and parking lots 2016 Tremont Square,LLC Steve Toth 402-493-2800 Tremont Square Sidewalk,ADA ramps,planting areas Kansas City,MO $ 30,90.00 2016 Kansas Speedway Connie Boring 913-328-5081 RV Pads for KS Speedway Kansas City,KS $ 29,997.00 2016 City of Kansas City,MO Tim Stitt 816-763-7471 Snowmelt-Concrete Sidewalk Wyandotte KCMO Work Department $ 8,5c 8.00 2016 Mission Hills,KS Jennifer Lee 913.362.9620 Creek Wall Masonry Repairs Mission Hills,KS $ 27,885.00 2016 Olathe School District No.233 Travis Palangi 913-780-8211 Parking Lot and Bio-retention Basin Olathe,KS-Westview Elementary $ 129,7C0.00 2016 General:McGuire Electric Installing Reinforced Concrete Pads for City City of Overland Park.KS Sheldon McGuire 913-680-8724 Generators Overland Park,KS $ 35,872-00 2016 General:ABCreative Playground Conversion to Rubber Mulch,Geotextile Columbia Schools Tony May 314-478-9160 Installation at 9 Schools Various Playgrounds $ 284,188.00 2016 Curry Real Estate Services Kent Collier 816-414-5254 Remove and replace existing concrete sidewalks, Gladstone,MO Kendallwood Apts. $ 147,921.00 curbs,and staircase at Kendallwood ftartments 2016 Yoga Fix Masonry Repairs to Building-tuckpointing and $ 1,3"0.00 9 Mary Horvatin 913-384-3200 miscellaneous work Mission, KS 2016 Tremont Square,LLC Steve Toth 402493-2800 Drive Thru work:Demolition and Grading,Concrete, Dunkin Donuts in Kansas City,MO $ 132,717.00 asphalt,landscaping,electrical hydrants 2016 City of Kansas City,MO Kerry Kanatzar 816-513-0804 Remove and Replace concrete sidewalk,driveway, KCMO-Washington St.-W 101 Terrace $ 111,038.00 and curb.landscaping,traffic control 2016 Mission Hills,KS Jennifer Lee 913.362.9620 Flood Warning Marker-Masonry Work Mission Hills,KS $ 6,531.00 Scott Hazelitt(HTK Playground Upgrades for 10 Schools:Remove& 2016 Gardner Edgerton U.S.D.No.231 Architects) 913-663-5373 replace mulch in play area,new play equipment, Gardner Edgerton $ 995,600.00 underdrains.sod 2016 City of Olathe,KS Michael Latka 913-971-8659 Civic Center Park Masonry monument signs Olathe,KS $ 44,819.00 2016 Unified Government of Wyandotte County Lideana Laboy 913-573-5771 43rd Avenue Pedestrian crossing ADA ramps,signal and Kansas Cit Kansas work Kansas City,KS $ 112,885.00 2016 Cit of Olathe,KS Angie Gaebler 816-474-0900 Exterior Rehab(historic masonry repair)of Mahaffie City g Stagecoach Stop&Farm House&Ice House, Olathe,KS $ 34,900.00 2016 Raymore-Peculiar School District Jaci Foxworth 816-979-3500 Turn lane Improvements,Asphalt paving,grading, yrthwork.concrete r r fficcontrol Peculiar,MO $ 94,200.00 2016 City of Kansas City,MO Richard Allen 816-513-7631 Concrete trail,masonry,shelter,Shelter Pad, Parks and Recreation Department electrical Kansas City,MO,Waterworks Park $ 493,315.00 2016 Kansas Speedway Connie Boring 913-328-5081 Remove&Replace Sidewalk Kansas City,KS $ 1,680.00 2016 Kansas Speedway Connie Boring 913-328-5081 Install Cement Flag Pole Bases Kansas City,KS $ 4,280.00 2016 General: Flynn John Aeberhard 816-874-4422 Demo Intake Building Roof,Replace with concrete, Cit of Kansas City.MO build landingad Kansas City,MO $ 96,773.83 2016 Leawood HOA Dennis Smith 913-338-3239 Stone Mailbox reconstruction Leawood South $ 2,390.00 2016 Kansas City Area Transportation Authority Keith Sanders 816-346-0359 Concrete Pad Repair KCMG-39th and Broadway $ 10,191.00 Install turn lanes on 291 (5 locations). Demo, 2016 Missouri Department of Transportation Kurtis Hathaway 816-437-3625 Excavation,Curb&Gutter,Sidewalk,Storm Drain Kansas City,MO $ 603,559.00 Modification 2016 City of Kansas City,MO Thomas Gresko 816-513-7599 Blue River WWTP Parts g Y Building Kansas City,MO Water Services Department $ 211,803.50 Breen Building:Interior office remodel including 2016 Kansas City Area Transportation Authority Kristen Emmendorfer 816-346-0360 framing,drywall,painting,acoustical ceilings and fire 1200 E. 18th Street,KCMO 64108 $ 99,990.08 sprinklers 2016 General:KBR Brad Roane 816-231-2178 KCMO WTP-Concrete Paving,sidewalks,and Storm Kansas Cit ,MO Ci of Kansas Ci MO Sewer,Inlets y $ 268,511.00 EhibA A 2016 General:BKM ADA Compliance 6-ADA concrete sidewalk,curb, Cit f Kansas City,MO Mike Meyer 913 290-1127 KCMO Community Centers $ �192.290.00 demolition asphalt,striping 2016 Southern Platte Fire District Jason Ekis 816-741-4356 Reroof Fire station,Stonework(tuckpoint,seal rebuild),roofing work&caroentry.paintingParkville,Mo Station 1 $ 26,729,00 2016 City of Parkville,MO Alysen Abel 816-741-7676 Masonry Stone Monument markers with concrete footings Parkville,MO $ 31,3E0.00 2016 City of Parkville,MO Alysen Abel 816-741-7676 Masonry Stone Monument Sign with concrete Parkville,MO footings.install lighting and banners. $ 153,7E6.00 2016 General: ADA Compliance 8-ADA concrete flatwork and Cit of Kansa s Cit MO Mike Meyer 913 290-1127 demolition asphalt,striping Mohart Center,KCMG $ 162,048.00 2016 General:BKM Mike Meyer 913 290-112ADA Compliance 9-ADA concrete curb and sidewalk, Cit of Kana 7 MO demolition grading,asphalt,striping Police Academy,KCMO $ 209,1C4.00 2016 City of Shawnee,KS Paul Lindstrom 913.742.6234 Asphalt,Concrete,Traffic Signals,Striping,Signage, 2016 General:Blue Nile Stamped Concrete Curb and Gutter Shawnee,KS(K-7 Hwy,75th&43rd) $ 392,518.35 Citv of Kansas City,MO Nick Kisner 816-547-7349 Concrete Sidewalk Curb Replacement Waukomis to Troost,KC,MO $ 95,456.88 2016 The Wilson Group/KCMG Josh Hopkins 816-434-3198 (ADA 7)Demolition,excavation,concrete flatwork, Kansas City,MO misc.pavers y $ 293,565.00 2016 General:M.S.Restoration Various Sidewalk,Driveway,curb Remove and Cit of Kansas i MO George Gunter 816-918-7613 replacement.Paver removal and installation. Kansas City,MO-Streetcar $ 423,542.00 2016 General:JM Fahey Dave Haggard 816-763-3010 Stone Mason work on monuments Grandview,MO Missouri Department of Transportation Masonry $ 150,069.00 2016 Tremont TDD Patricia Jensen 816.502.4723 Demolition,Excavating,Concrete Paving,flatwork, Route 45-129,KCMG Pipe and Inlets,Traffic Control,striping,landscaping $ 291,2_9.08 2016 City of Kansas City,MO Bob Lawler 816-513-7599 Waldo Water Tower Restoration,structural stairs, Parks and Recreation Department electrical concrete cutting,sidewalk. radina Waldo Area-Kansas City,MO $ 403,056.93 2016 General:Blue Nile Contractors Nick Kisner 816-547-7349 Concrete Curb Sidewalk Replacement Marsh and Oakley,KC,MO c Citv of Kansas City.MO p Y. $ 35,3_3.00 2016 City of Kansas City,MO Jeff Martin 816-5134704 Curb and Sidewalk Remove and Replace, KCMG-Citywide $ 599,994.00 General Services De artment Landsca in .Asohalt- tywde 2014 WBE KCMG, Kansas, Missouri DBI DB,TWOSB , MODOT, ODOT,TKDO, G: )G U N T E R SBE,S CONSTRUCTION COMPANY June 3, 2021 City of Riverside, MO RE: Equipment Available for Construction for 2021 Tremont Sculpture Base project To Whom It May Concern, Equipment 2005 Hyundai Excavator Komatsu D39 Dozer John Deere 50G (Mini hoe) Komatsu D51 Dozcr Cat 305E2CR Mini Wacker Roller Cat 305.5E2CR Mini DynaPac Padfoot Compactor JD 319DT Trk Skid Loader Wacker Roller RD-12-90A Cat 289D Skid 50" CP34 padfoot compactor Cat 299D Skid 325 Cat Excavator Cat 289D Skid 07 Cat Excavator JD 331 G Skid JD 319DT Trk Skid Loader JD 325G Skid Cat 299D3 Skid Cat 953c Loader Sincer ly, St ani unter,Vicere dent 520 Division Street, Kansas City, Kansas 66103 P:913-362-7844 F:913-362-7845 AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Gunter Construction Company FOR COMPLETION OF 2021 TREMONT SCULPTURE BASE Project No. 351-021 RESOLUTION NO.: 2021-061 CONTRACT PRICE: $46,250 23 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2021 TREMONT SCULPTURE BASE Project No: 351-021 THIS AGREEMENT, made and entered into as of the 15th day of June, 2021, by and between the City of Riverside,Missouri("City"),and Gunter Construction Company("Contractor"),shall govern all Work to be provided by Contractor for City on the Project. WHEREAS,City, under the provisions of Resolution No.2021-061,duly approved on the 15th_ day of June,2021 and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one or more contracts for the Project;and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS,Administrator may designate one or more engineers,architects,or other persons to assist Administrator in performing Administrator's functions under this Agreement;and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall have the respective meanings set forth below. Any capitalized terms used but not defined in this Agreement shall have the meanings given to such terms in the other Contract Documents. A. "Administrator"has the meaning set forth in the recitals of this Agreement. B. "Application for Payment" has the meaning set forth in Article VI, Paragraph A of this Agreement. C. "City"has the meaning set forth in the preamble of this Agreement. 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. 24 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. 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: Noel Bennion, nbennion@riversidemo.com, 816- 372-9028. 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 Exhibit B (Scope of Work) and Exhibit C (Technical Specifications) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in this Agreement. The Work may refer to the whole Project,or only a part of the Project if work on the Project also is being performed by City or others. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, 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. 25 C. The Resident Project Representative shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and Work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Resident Project Representative may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Resident Project Representative will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Resident Project Representative will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. D. Contractor may be furnished additional instructions and detail drawings by the Resident Project Representative, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract drawings, and the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of forty-six thousand two hundred fifty Dollars($46,250.00). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the"Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of unit price Work set forth in Contractor's Bid for Unit Price Contracts are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and (2) final payment for all unit price items set forth in Contractor's Bid for Unit Price Contracts will be based on actual quantities as determined by City. The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the Project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent (10%) of the amount set forth in Contractor's Bid for Unit Price Contracts IN ADVANCE of performing the Work. Any increase in quantities of materials or Work performed as a result of over- excavation by Contractor will not be compensated. C. Payment of the Contract Amount shall be full compensation for all labor, services, materials,supplies,tools,equipment,supervision,management,and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract 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 26 Contracts. All Work not specifically set forth in Contractor's Bid for Unit Price Contracts as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes and compensation of every kind in connection therewith are included in the Contract Amount set forth in Contractor's Bid for Unit Price Contracts. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK,NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT. ARTICLE IV PROGRESS OF WORK/SUBMITTALS A. COMMENCEMENT OF WORK.The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof, no later than 07/30/2021. 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 27 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. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the Project site in the number,type,and stage as enumerated below: 1. Pre-Construction photos-minimum of 15 ground level digital shots 2.Construction photos of significant changes-minimum of 15 ground level digital shots 3. Post Construction photos- minimum of 15 ground level digital shots F. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time,the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G. 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 H. 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. I. SHOP DRAWINGS. Contractor shall submit to Resident Project Representative for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the Work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Resident Project Representative. Review of any 28 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. J. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature,and all other services and facilities of any nature whatsoever necessary to execute, complete,and deliver the Work within the specified time. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by 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. K. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. The City shall provide all inspection and testing services not required by the Contract Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Resident Project Representative timely notice of readiness. The Contractor will then furnish the Resident Project Representative the required certificates of inspection, testing approval. Inspections, tests or approvals by the Resident Project Representative or others shall not relieve the Contractor from the obligation to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative and the City's representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all Work,materials,payrolls,records or personnel,invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof. If any Work is covered prior to inspection by the Resident Project Representative it must, 29 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. L. 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. M. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacitates, quality and function shall be considered. The Contractor may recommend the substitution of material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the opinion of the City, such material,article or piece of equipment is of equal substance function to that 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. N. LANDS& RIGHT OF WAY. Prior to issuance of Notice to Proceed, the City shall obtain all lands and rights-of-way necessary for the carrying out and completion of Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in writing. The City shall provide to Contractor information which delineates and describes the lands owned and right of way acquired. The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. O. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work as shown in the Contract Documents. From the information provided by the City, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. 30 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. P. SUBSURFACE CONDITIONS. The Contractor, before bidding the Project, has the responsibility to become familiar with the Project site and the conditions under which Work will have to be performed during the construction period. Excavating for foundations of surface structure: buildings, bridges, tanks, towers, retaining walls and other types of surface structures. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions,and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the required written notice has been given; provided that the City may, if the City determines the facts so justify consider and adjust any such claims asserted before the date of the final payment. Excavating for below-surface structures: water mains, sewers, power and telephone cables and other types of below surface structures. No extra compensation will be paid for rock excavation or varying geologic features encountered on the Project, unless so shown as a bid item in the Bid Form for bid. If man-made hazards are encountered by the Contractor, excluding utilities, which are not visible from the surface, such as buried concrete foundations, buried garbage dumps that cannot be by-passed and requires additional Work consult the Resident Project Representative. Q. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the Work. The Contractor will be solely responsible for the means,methods,techniques, sequences and procedures of construction. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, are hereby incorporated into this Agreement, and form the entire agreement between City and Contractor, and are referred to as the 31 Contract Documents: 1. INFORMATION FOR BIDDERS 2. BID FOR UNIT PRICE CONTRACTS 3. BID FORM 4. EXPERIENCE QUESTIONNAIRE 5. AFFIDAVIT OF WORK AUTHORIZATION 6. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 7. TIME FOR COMPLETION 8. SCOPE OF WORK 9. TECHNICAL SPECIFICATIONS 10. NOTICE TO PROCEED 11. APPLICATION FOR PAYMENT FORM 12. CHANGE ORDER FORM 13. CERTIFICATE FOR SUBSTANTIAL COMPLETION 14. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 15. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 16. ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION 17. ENGINEER/CONSULTANT CERTIFICATE for Acceptance& 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 Exhibit E (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 32 Contract Amount, the amount Contractor has invoiced City to date,the amount Contractor has received to date,total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier.An Application for Payment shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application for Payment include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Application for Payment, or return the Application for Payment to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15)days 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 33 Resident Project Representative issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit K. City, within thirty (30) days after the delivery of Engineer's Certificate of Acceptance, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its final Application for Payment as claimed by Contractor. All claims not identified in the final Application for Payment are waived. Any payment, however final or otherwise,shall not release the Contractor 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 34 any addition,deletion,or other change without a written order.No oral direction or order shall constitute authority for Contractor to proceed with any addition,deletion,or other change. If Contractor undertakes any addition,deletion,or other change without a written order from City,Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance,the Contract Amount shall be increased or decreased as follows: 1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by application of such unit prices to the quantities of the items involved; or 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. 35 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. 36 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 37 (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 38 be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE X PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person,other than a bona fide employee working for Contractor,to solicit or secure this Agreement,and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover,the full amount of such fee, commission, percentage,brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly,by or on behalf of Contractor to or for the benefit of any officer, employee,or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive,supervisory,or other similar functions in connection with the construction of the Project,shall become directly or indirectly interested personally in this Agreement or in any part thereof,any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. 39 ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two(2)years after final payment to Contractor,Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all Applications for Payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to Subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis,the records to be maintained hereunder include but are not limited to all contracts,subcontracts,material bills,correspondence,accounting records,time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. 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: Noel Bennion Name: 2950 NW Vivion Rd. Title: City of Riverside, MO Street Address: Riverside, MO 64150 City, State Zip: nbennion(c�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)complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for 40 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, 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, 41 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 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 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. 42 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. RESERVED. B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent(5%)as measured by the United States Bureau of Labor Statistics) only Missouri labors(persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any Subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the Work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16)years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the Work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race,color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion,or transfer;recruitment,or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. 43 ARTICLE XIX SUBCONTRACTS,ASSIGNMENT,OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, Subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors, and of person either directly or indirectly employed by them,as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Agreement shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right enter into other contracts in connection with the Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the Project or the City may enter into other contracts containing provisions similar to these.The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the Work with theirs. 44 C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times,during performance of the Work, keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four(24) hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. The Contractor shall guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of completion and acceptance of the Work. The Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the Work that the completed Work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all Work in this Agreement. Contractor shall promptly make such corrections as may be necessary by 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 45 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. 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 46 will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of its prosecution of the Work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty(60)days after the date Work on the Project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for 47 employment,or continue to employ any unauthorized aliens to perform Work on the Project,and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX RESERVED 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. 48 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] 49 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY.- By: Attorney, COUNTERSIGNED BY: CITYPURCHASING AGENT. By: Brian(dministrator Ko City CITY OF RIVERSIDE: By: 41 ,0 ikUleen L. Rose, Mayr ATT T: o Robin Kincaid, City Clerk CONTRACTOR: SCIS l `C Cj(�zcQC:CSM Oom o _1 By: (Signature) Printed Name:_� S` rC3. Cis Title: Qc 'C- ATTEST: SECRETARY, ��e (Name Printed) 50 EXHIBIT A Time for Completion 2021 TREMONT SCULPTURE BASE (Proicet No. 351-021) Time for Completion: 07/30/2021 EXHIBIT B SCOPE OF WORK for 2021 TREMONT SCULPTURE BASE (Project No.351-021) Contractor shall perform the following Work as more fully set forth in the Contract Documents: All Work necessary to construct the 2021 TREMONT SCULPTURE BASE as shown on and in accordance with the Technical Specifications and/or Drawings referred to in Exhibit C to the Agreement. The Work in the Project shall include but is not limited to the following: • Demolition and Site Preparation • Construction Staking • Erosion Control • Earthwork • Concrete reinforcement, forming and pouring • Conduit installation • Site Restoration, Seeding and Planting Contractor to provide all necessary equipment, labor, and material necessary to perform the Project construction and related work as shown in the Contract Documents. The Work includes, but is not limited to, the following: 1. Schedule and Coordinate all necessary inspections. 2. Contractor shall coordinate with all utilities prior to the work starting, including contacting underground locator services. 3. Include all temporary utility fees and permits. 4. Include 3`d party Special Inspections as required to demonstrate compliance with project specifications, including but not limited to compaction and proof rolls and material testing. 5. Include all surveying, layout and field engineering required for the performance of this work. 6. Provide digital photographs of the preconstruction, construction, and post construction site (see Article IV Progress of Work/Submittals(F) for specifics) 7. Provide all weather provisions to meet the schedule set forth in the contract documents. 8. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process. 9. Provide all traffic control as required throughout the construction process. 52 EXHIBIT B SCOPE OF WORK—Project Location • r r t 'i Sculpture Base install location, center of round-about at NW Argosy Pkwy and NW Tremont Trafficway 53 EXHIBIT C TECHNICAL SPECIFICATIONS 2021 TREMONT SCULPTURE BASE (Project No.351-021) The following Specifications govern Contractor's performance of the Work: ENUMERATION OF SPECIFICATIONS AND ADDENDA: Following are the Specifications and Addenda governing the work, which form a part of this contract, as set forth the Contract Documents: SPECIFICATIONS: Division 1—General Requirements Section Description 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01060 STANDARD SPECIFICATIONS AND PLANS 01270 MEASUREMENT AND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 CONSTRUCTION SCHEDULE 01330 SUBMITTALS 01410 TESTING LABORATORY SERVICES 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01570 TEMPORARY TRAFFIC CONTROL Division 2—Site Work Section Description 02230 CLEARING AND GRUBBING 02350 EROSION AND SEDIMENT CONTROL 02520 FONCRETE 02820 ISEEDING ADDENDA: No. Date 54 EXHIBIT D CITY OF r RIVERSI MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: June 2021 PROJECT: 2021 TREMONT SCULPTURE BASE PROJECT NO.: 351-021 ORD/RESO: (approved ) TO: Contractor: (address) You are hereby notified to commence work on or after the day of June, 2021 in accordance with the Agreement dated The date of substantial completion is 07/30/2021. The project shall be completed and ready for final payment by 08/15/2021. CITY OF RIVERSIDE BY: Brian E. Koral, City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Signature) (Printed) (Tide) (Company) this the day of ,2021. 55 EXHIBIT E APPLICATION FOR PAYMENT Continuation Sheet for Application for Payment (Contact Capital Projects and Parks Manager,Noel Bennion with the City of Riverside for an electronic version nbennion(a,riversidemo.com or by calling 816-372-9028) PAY APPLICATION NO. r �r Vow ]m rW YYW rt MIYww\f{lU - '.,y.r iana�. Yrr r do Or Z .. .zu vl t1i.r rr rrrlr/nr� . wry,Md4r�.,Z rr r:rrY.rrOr S r..b.en cr.Zl.rrar�r.,awr.sr •wae r..r..n or. �•... wra rrr�srrrs1rnr u,r.m.r.r. �rrr.�r-.r�rr.�...r� w®a.wrc.rra�e.r�r.rre.,..r.,�s,.a,,,r.r�•. r.r rr��r.rr�.rrrrr•rr rr�r.rrrrr m.wrysr nser�,s. a..mr.e �� rr.rrr.w.- �'P'wwrrrSr,r..rn w.,.r ire. %rrr .wr�i.wr� •r sN•wrrrr.,w..ra..�a ar.r w.w..,... plp�Orwl,rl rr.y afr,Yrl.n CIv �rrwrrrnrrwrr.rar®rr.�rr�r.n m..rr<rrwm ..arw.rrrrr rr _ arY.wrr�fauY�rr/.rr r. rwi�b rnwsrr.rwur[tlnitL IIYi,Grt,O!/,a�,,p �rr�rrr wArwZrr.'yryr�� f Or Z.�./�.�V' yr..rO+ra.wrfw.� T..w wore fkw0 G.n iZYMrr��r.r. �: Gr Yi Zrr ir. frra2 U.r Yr.! Z 111111 r Z 4ww� rr.�Y T.Or. T�00 EXHIBIT F CHANGE ORDER (Contact Capital Projects and Parks Manager, Noel Bennion with the City of Riverside for an electronic version nben nionna?rive rsidemo.com or by calling 816-372-9028) rfTV OF CHANGE ORDER NO. Page Nnber 1ef_ RIVERS c of Pg.Atadna 4 isc VP� Contractor Name: D—Prepae�a Prajeel M..d - Corew pale The fahowing changes ro the ongmal contract anaunt mere req-ed to cover Cost mcurrea by the PnPoltocamn Riverside,Alisso Cmwadm or b reflect sar,ngs realu:ed by Me Cmtraam as a resuh o!a change m the actual constructed quanooes from the estimated quanbbes shorn on the 8rd Proposal Conli=or Canna or rorcxa or L.rr Irl No. Prnaus Pre.asa Prenars REOURED CHANGES N PRESENT CONTRACT Urw Pnoe Armaa lkM hem Descnp m 6 Reason for CJarW Oroer.Pease describe ten beaw std then follownN reason M Ci a r 0.'W New P New ar New or oD wog ++WV..Vd by Cty.'l Uri—sae Condoms 3t Na neorp ow4 n ym'sp— 'O_Md Aqusled Unt Prae Anrurn wm 1 LG 1 wm 50 DIFF __Wr wm woo m so M Sam I 1 woo W1 1 S0 30 A;u rocs $000 No Change $000 Slalrrrns of Co as Ong"catraa M—it $000 Net Anrnat of Psis Aedoms as DeCumons $000 Net CanCaa An rt Prior w TNs P*qu Sam An—it o'This Regaest Sam New Contract An—t w m Perch Charge n Contract Mata aON.'D' DESIGN ENGINEER: CITY OF RIVERSIDE.MISSOURI: C-,P-Y Traws H.— 7grca Dale Na+e Pntert city A&.nirior ,9W_ Cxeg MAs 3gted Dae Dae. CONTRACTOR: ON-SITE PROJECT MANAGER: CONTRACTOR'S C.ni ieaYon Sae Charine Order ON-SITE PROJECT MANAGER Certification for Chance Order. rhe unaasgrC CONTWCTOR Pens N•Wrgei h ar<urdare aM rhe Corwxx Doaarerts.the onste afnevaovrs.ora aesabm aw a ore re�scay n woes.aw coNtnA b the can oompreav 0.s d W order. Pole—W Perbf wouea+mn e.eoaon o*+..e aa^rax mcvncs,ora ola me a Cte Cssnr Calm Cre hest d Cte msde proses manyels Wdedge, sn:ea aw.e ore nr•_v wot resµa m Cr ran reormatan and title'Cte above refxencea dtitpes ore necessary n aaerlo amcw'eo van'as charge aaer. laateea W"Cr esenbm o'the oo C of doamenft cul tig Cr vak e sated be aid y wh respect b drarM user Ctrs d-W amt conpa,y- cmpa,. Ya+rt PM1epa Name Pn"M %Y� 9Jrt baa pn S � CirY OF EXHIBIT G RIVERSI MISSOURI Certificate of Substantial Completion to be completed after substantial completion of the ro ect Project Name: 2021 TREMONT SCULPTURE BASE Project#: 351-021 Re uestor of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of the City, Contractor, and the Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between the City and Contractor for security,operation,safety,maintenance, heat, utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended The City's Amended Responsibilities: Contractor's Amended Responsibilities: 58 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 59 EXHIBIT H CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) 2021 TREMONT SCULPTURE BASE (Proiect No. 351-021) 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 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 60 EXHIBIT I SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) 2021 TREMONT SCULPTURE BASE (Proiect No.351-021) STATE OF ) SS: COUNTY OF ) After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that: 1. I am the duly authorized officer of the business indicated below (hereinafter Subcontractor)and I make this affidavit on behalf of Subcontractor in accordance with the requirements set forth in Section 290.290, RSMo. Subcontractor has completed all of the Work required under the terms and conditions of a subcontract as follows: Subcontract with: ,Contractor Work Performed: Total Dollar Amount of Subcontract and all Change Orders:S 2. Subcontractor fully complied with the provisions and requirements set forth in Sections 290.210,RSMo through 290.340, RSMo. Business Entity Type: Subcontractor's Legal Name and Address �)Missouri Corporation �)Foreign Corporation (_)Fictitious Name Corporation �)Sole Proprietor �)Limited Liability Company Phone No. (_J Partnership Fax: �)Joint Venture E:mail: �)Other(Specify) Federal ID No. I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Print Name) (Title) (Date) NOTARY Subscribed and sworn to before me this day of ,20 My Commission Expires: (Signature) 61 EXHIBIT J ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600,a public entity shall not enter into a contract to acquire or dispose of services, supplies,information technology,or construction valued at$100,000, or with a contractor having ten or more employees,unless the contract includes a written certification that the person or company is not currently engaged in,and shall not, for the duration of the contract,engage in a boycott of: Goods or services from the State of Israel; Companies doing business in,or with, Israel Companies authorized by, licensed by,or organized under,the laws of the State of Israel;or Persons or entities doing business in the State of Israel. For a definition of the term"boycott",please refer to RSMo. §34.600.3. By signing below,the entity agrees and certifies that it does not currently,and will not for the duration of this contract,engage in any of the types of boycotts listed above. Contractor: By: Name: Title: 62 EXHIBIT K ENGINEER/CONSULTANT'S CERTIFICATION For Acceptance and Final Payment (to be completed at conclusion of project) City of Riverside, Missouri Project Name: 2021 TREMONT SCULPTURE BASE Project No: 351-021 Contractor: Contract Date: Date of Completion and Acceptance: The Contractor has notified me that he has completed all work in accordance with the Contract Documents and that it is functioning properly. I hereby certify that a final inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge;the work has been completed in accordance with the drawings and specifications and is functioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment, manuals, and other documents that are applicable to this project from the Contractor and have delivered them to the City. The City is now responsible for the security, operation, safety, maintenance, and insurance as applicable to the project. The Contractor will warranty all specified work for a period of one(1)year(or a longer period if governed by Missouri Statutes) from this date of completion. Notification has been given to the proper Government agencies that the work is completed. I recommend, under the provision of the Contract Documents that the Work be accepted and that final payment be made. Executed by the Engineer on this day of ,20 Signature: (SEAL) Typed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. Kathleen L. Rose, Mayor (SEAL) Date: Attest: Robin Kincaid, City Clerk cc: Contractor 63 DIVISION 1 - GENERAL REQUIREMENTS 64 01015 CONTRACTOR USE OF PREMISES The Contractor shall confine all construction activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. If the Contractor desires access to private property that is outside the project limits,the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to the City prior to accessing the private property. 01030 SPECIAL CONDITIONS A. Examination of the Site: Bidders may visit the site and inform themselves of all conditions presently existing. Failure to visit the site will in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the specifications. B. Measurements: Any dimensions provided shall be verified by the Contractor. Any discrepancies between the specifications and the existing conditions shall be referred to the Owner for adjustment, before the work is performed. C. Protection of Monuments: The Contractor must carefully preserve bench marks, references or stakes and in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. D. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by the Contractor's operations and shall replace, at Contractor's own expense, in a manner approved by the Owner any such broken or damaged material. E. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items entering into the construction of the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor, except items designated as being provided by the City. An amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. F. Storage of Materials: All materials delivered to the job shall be stored so as to keep them in first class condition and free from deterioration or contamination. G. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor. 65 01040 COORDINATION: A. All construction activities shall be coordinated with all utility owners and the City of Riverside. Contractor shall be responsible for notifying all utility owners with facilities within the project limits prior to construction so the utilities can be located and identified. B. All construction activities shall be coordinated with adjacent property owners affected by construction of the project to assure access to their properties. Driveways to adjacent properties shall be accessible at the end of each working day. C. The Contractor will be responsible for notifying the Resident Project Representative in writing of the dates when construction will begin and end. The City will notify the school district, fire, and police departments, and the local newspapers. D. The Contractor shall be responsible for obtaining all necessary permits, and paying for any and all inspection and permit fees as required by the City. E. Project Coordination Meetings: In addition to the above said coordination responsibilities, the Contractor shall attend construction progress meetings with the Resident Project Representative on a monthly basis (at a minimum). Additional meetings may be held as needed. No direct payment will be made for this item but shall be considered subsidiary to other bid items. F. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of installation of construction elements. G. In the event certain parts of work are assigned to subcontractors, the Contractor shall be responsible to ensure each subcontractor completes work and that all interfaces between trades are properly addressed. All subcontractors shall also coordinate their work with the Owner through the Contractor. H. The Contractor is solely responsible for all Assignments of Work among subcontractors. 1. The Contractor shall be responsible for assigning and coordinating work and ensuring that suppliers and installers are familiar with all requirements in Contract Documents relating to each item of work, regardless of location of information in Contract Documents. 01060 STANDARD SPECIFICATIONS AND PLANS A. General: The work shall conform to the plans and contract specifications as outlined. In case of conflict, the specifications listed in this document shall take precedence over those listed in the stated Standard Specifications. B. Standard Specifications: Except where noted otherwise, the work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Specifications and Design Criteria, Division 11 (APWA Standard Specifications) available at the following website: http://kcmetro.al2wa.net/chapters/kcmetro/specification s.asp. 66 C. Standard Plans: The work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Plans when referenced in the construction documents. The referenced APWA Standard Plans are available at the following website: http://kcmetro.gpwa.net/chapters/kemetro/specifications.asp Other standard plans and specifications may be referred to and therefore adopted into these specifications. 01270 MEASUREMENT AND PAYMENT A. The quantities as given in the Bid Form are not guaranteed to be the exact or total quantities required for the completion of the Work shown on the drawings and described in the specifications. Increases or decreases may be made over or under the Bid Form estimated quantities to provide for needs that are determined by the Owner during the process of the Work. Contract unit prices shall apply to such increased or decreased quantities. The Bidder is warned against unbalancing his bid, since the unit prices will apply to deductions as well as additions. The Owner has the privilege of omitting or adding to any unit items in the Bid Form. B. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise, on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amounts thereof. The Owner will not pay for or be responsible for unused materials which may have been ordered by the Contractor in accordance with the estimated quantities listed in the Bid Form. C. It is the intent of the Contract Documents that all costs in connection with the Work, including furnishing of all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the Work, shall be included in the unit and lump sum prices named in the Bid Form. No item of Work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the Bid Form. All Work not specifically set forth in the Bid Form as a pay item shall be considered a subsidiary obligation of the Contract, and all cost in connection therewith shall be included in the process named in the Bid Form. D. If item does not appear in the Bid Form, or if said item is a part of another item listed in the Bid Form, it will not be measured for payment. E. Whenever in the Bid Form there is a discrepancy between unit prices and extensions or totals, the unit prices will govern, and the extensions or totals will be corrected accordingly. F. Items for payment will be measured in accordance with the stipulations of these specifications and as further shown on the drawings. Pay limits given are maximum, and where actual quantities of work items are less than as computed by said pay limits,the Contractor will be paid only for the actual quantities. G. Payment will be made as the sum of the following: 1. Final authorized quantity of each item in the Bid Form multiplied by the contract unit price therefore. 67 2. Lump sum payment for each item so listed in the Bid Form, at the contract lump sum price therefore. 3. Any special payment or adjustment,plus or minus,as provided for in the Agreement. 01310 JOB SITE ADMINISTRATION A. The Contractor, or a duly authorized representative to act for the Contractor, shall continually be present at the site of the work,whenever construction activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, the duly authorized representative(s) at the preconstruction meeting. The duly authorized representative(s) will be the official liaison between the Owner and Contractor regarding the signing of pay estimates, change orders, workday reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Owner shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 01320 CONSTRUCTION SCHEDULE A. General: The Contractor shall prepare and maintain a construction schedule for the duration of the project. B. Baseline Schedule:The Contractor shall prepare a baseline schedule to be presented to the Owner for review at the pre-construction meeting. The baseline construction schedule shall be in a form approved by the Owner and shall include at least the following information for each significant work item during each phase of the project: 1. Beginning date of Project. 2. Ending date of Project. 3. Beginning Date of Each Phase. 4. Completion Date of Each Phase. The Owner will review the proposed progress schedule, and may require the Contractor to revise the same if, in the Owner's judgment, revisions are required to provide for completion of the project within the Contract Time. C. Schedule Updates: In addition to submitting a baseline project schedule, the Contractor shall update the project schedule prior to each monthly construction progress meeting. The updated schedule shall show the original baseline schedule, the actual work progress and the estimated completion of each significant work item for each phase of the project. The updated schedule shall be distributed to the City at each progress meeting. D. Payment: No direct payment shall be made. 68 01330 SUBMITTALS A. Shop Drawings: A minimum of two (2) copies each of manufacturer's shop drawings and data sheets shall be submitted to the Owner indicating the necessary installation dimensions,weights, materials and performance information. The shop drawings shall be distributed as follows: One (1) copy for the City and one (1) copy for the prime Contractor. The Contractor shall supply additional copies as necessary for any subcontractors. Submittals for equipment and materials shall include reference to indicate where it is to be used; whether by tag number, specification paragraph, or description of use. Approval of shop drawings will be for conformance with the design concept of the project and for compliance with the information given in the Technical Specifications. The approval of a separate item, as such, will not indicate approval of the assembly in which the item functions. Submittals: Required submittals include but are not limited to the following: 1.1 Prism Pigments Cut Sheet 1.2 Stone Veneer Sample (If this option is selected) 1.3 Stone Veneer Shop Drawings as necessary (If this option is selected) 01410 TESTING LABORATORY SERVICES A. General: Work under this item shall consist of furnishing all materials, labor and equipment necessary for a private testing laboratory to provide the material testing for items incorporated into the project. The tests, frequency and reports required to confirm contract compliance shall be as specified in the KCAPWA Standard Specifications unless otherwise noted below: One copy of the test results shall be submitted to the Owner electronically within 24 hours of the test completion. The testing lab must be agreed upon by the Contractor and the Owner. B. Payment: No direct payment shall be made. This item shall be considered subsidiary to the bid items of the materials being tested. 01524 WASTE AREA MATERIAL STORAGE AND SITE APPEARANCE A. General: The Contractor shall make his own arrangements for material and equipment storage areas and non-soil waste area. The Contractor shall keep the site clean and free of all refuse,rubbish,scrap materials,and debris as a result of construction activities so that at all times the site of the work shall present a neat, 69 orderly and workmanlike appearance. This includes the removal of earth and debris from streets and roads that resulted from the Contractor's activity. The Contractor shall restore the site of work and adjacent disturbed areas to the condition existing before work began as a minimum. B. Payment: No direct payment shall be made. 01570 TEMPORARY TRAFFIC CONTROL A. General: Temporary traffic control on this project shall be done in accordance with Section 616 and all referenced sections of the Missouri Standard Specifications for Highway Construction (current edition) as published by the Missouri Highways and Transportation Commission. This section shall cover all temporary traffic control devices as detailed on the plans or as directed by the Owner in charge of construction. B. Temporary Traffic Control Devices: All temporary traffic control devices shall be in conformance with "Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD)," Current Edition and its latest revisions. C. Payment: No direct payment shall be made. DIVISION 2 - SITEWORK 02230 CLEARING AND GRUBBING A. General: Clearing and grubbing shall be done in accordance with Section 2101 of the KCAPWA Standard Specifications. C. Payment: No direct payment will be made. 02350 EROSION AND SEDIMENT CONTROL A. General: Erosion and sediment control shall be in accordance with KCAPWA Standard Specifications Section 2150. 1. The Contractor is responsible for providing sufficient control of sediment and erosion to prevent migration of sediment off the construction site throughout the duration of the project. 2. All sediment escaping the project site and entering the downstream ditches shall be removed immediately at the expense of the Contractor. If the existing vegetation is damaged by the sediment,or by the removal of the sediment, it shall be replaced with like vegetation at the expense of the Contractor. 70 B. Payment: No direct payment will be made. 02520 - CONCRETE PART 1 GENERAL 1.1 SECTION INCLUDES A. Concrete curb and gutter, flatwork and driveways. 1.2 UNIT PRICE- MEASUREMENT AND PAYMENT A. Concrete 1. Basis of Measurement: By the cubic yard. 2. Basis of Payment: Includes all labor, equipment and materials necessary for mix design, supplying to the site,testing, forming, reinforcement,placement, curing,protection,joint sealing and backfilling. 1.3 MIX DESIGN A. See attached drawing. 1.4 SUBMITTALS A. Submit under provisions set forth in General and Special Conditions and Division 1 of these specifications. B. Product Data: Provide data on mix design,joint filler, admixtures, and curing compounds. 1.6 QUALITY ASSURANCE A. The Contractor is responsible for placing concrete when conditions are conducive to proper curing. A. Perform work in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside, Missouri. C. Obtain materials from same source throughout. PART 2 EXECUTION 2.1 EXAMINATION A. City Engineer shall approve all reinforcement and conduit placement before concrete pouring. 2.2 PREPARATION 71 A. Moisten base to minimize absorption of water from fresh concrete. B. Notify City a In i n i m um of 24 hours prior to commencement of concreting operations. 2.3 CLEANUP A. The Contractor shall be responsible for removal from the site of excess concrete, rock, dirt, debris and any broken concrete. Clean up shall take place as work progresses. B. Contractor shall be responsible for the repair of any existing pavement, curb, sidewalk or driveway damaged or disturbed during construction to the satisfaction of the City. END OF SECTION 02520 02820 SEEDING A. General: Contractor shall seed all disturbed areas in accordance with APWA Standard Specifications Section 2401. B. Payment: No direct payment will be made. 72 � LLwre A,LWv eawnessN[srBFHOrH IW O+ M'CLURE 33 '� r-�wN[fxr[ww.ENr. li . few Of.wxwc c[ bNHdinq>irong I + o BorroM cwM x5B eEwrpnxc ws ® ___ I_____-- 1W _ __ _— ro mF roroF mF wF MuuMrow,o. row HHBrfo cawOf urMfs.RfcMM[ri,,m,M aV.wnasroaurW.r I ..o..r�wwa.�. Na e.aMeearam�iumn - meARiBroiMnml I - - B=wK:.Fn iO I wr.E xsf roMEFrr"f wofaaao�roro.P,n. gICULPTURE FOUNDATRTN PUN Rir� MMR5 PREPARED e1 WE VI ONDER My DPPE—Al SUPERM BSzsAArt ANO.THAI 1 nM A U11 EICExSED NiMq IIDD PTIEE Lk WNAI EN +Mt - ITE EF WT1EE DEIWN51 END 5 /10/00,0 Ba ENWREER,PE ND 300BOi96x6 M IiCENSE RENERw 0 i5 B+axPnO[uxncN DECEMBER Ji.2022� W FF0 PnF .\ I v6rxFvlr[x cKF oFx,rwu / Faj� MEPWr MP1K£ 6 ''_ ��F�nw E OENMMaxMN,+rO � Yar< A� Hx9a.N WW 4 � - 5rvriaz x0Kol00aW axafRGrt]EBu[ '] S[0¢f M6VwERA+ - M:M�r w.V'mnaiR�xw rnr.ariB. rwcunx M,NGYE0BRIY \..\ g E rxfxf+war e[xracuK�.uaMu aaa1W ABB11tT060E a� - Fwn WEwrErr uKUM)�xE eFroIErERaf sWFKE Wn H11mA "rNNx[o rxf SweKF rN+�NrwEB c TYPICAL ANCHOR BUT OETAR r>rrnN.wuAo Bwr�.E r RF.e,m, a RgRB"" +IFR moo.vcf CITY OF RNERSIDE,MO u"n,E .a"au"oficvurea r Keo ` \ CpiOY 'oro xBM B ruck TREJ TRAFFICWAV o[x I w,of wa FP.oa a %MDra rmwm I M romwwotw PALMITER SCULPTURE rorxEcorxcrt .P� ..vexw,wmrc ' "TPl � wM[+.av raw � ,romrasMP � a«R,r rx NMNM xrF IA —1 I FOUNDATION PLAN Emma 6 DETAILS t SCULPTURE SECTION–FOUNDATRNI OPTIONSI t SCULPTURE SECTION–FOUNDATION OPTION R3.ALTERNATE 5100 1 _.o I ® Swiss Re Bond# 2319273 Corporate Solutions PERFORMANCE BOND CONTRACTOR: SURETY: (Name,legal status and address) Gunter Construction Company North American Specialty Insurance Company 520 Division Street, Kansas City, KS 66103 1450 American Lane, Suite 1100, Schaumburg, IL 60173 OWNER: (Name,legal status and address) This document has important legal consequences. Consultation with an City of Riverside Missouri attorney is encouraged with respect to its 2950 NW Vivion Road, Riverside, MO 64150 completion or modification. CONSTRUCTION CONTRACT Any singular reference to Contractor, Date: June 15, 2021 Surety,Owner or other party shall be considered plural where applicable. Amount: $46,250.00 Forty Six Thousand Two Hundred Fifty Dollars and 00/100 This document combines two separate bonds,a Performance Bond and a Payment Description: Bond,into one form. This is not a single (Name and location) combined Performance and Payment Bond. 2021 Tremont Sculpture Base Project No. 351-021 BOND Date: June 18, 2021 (Not earlier than Construction Contract Date) Amount: $46,250.00 Forty Six Thousand Two Hundred Fifty Dollars and 00/100 Modifications to this Bond: MNone ❑See Section 16 CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) \\\�\ltlitlllpfll/� Company: Gunter Construction Company Company: North American Specialty Insurance C\ 1 NNS SEAL lM V►�-C ai s 1973 men' Signature' Signature: �� �at�as`"Q° C. LaVonne En eman Name � �,n . Name 9 and Title: 1 and Title: Attorney-in-Fact V��'e- Surety Phone No. 603-644-6600 (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party) Thomas McGee Group, A Division of Risk Strategies 120 W. 12th St., Suite 1000 Kansas City, MO 64105-1938 816-842-4800 This Document conforms to the AIA Document A31211'—2010 1 1. The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this bond,except when applicable to participate in a conference as provided in Section 3. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6. If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. This Document conforms to the AIA Document A312nw—2010 2 7. If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for 1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. 10.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. 11.Any proceeding, legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14.Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15.If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. This Document conforms to the AIA Document A312"u—2010 3 16.Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Signature: Signature: Name and Title: Name and Title: Address Address This Document conforms to the AIA Document A312"`!—2010 4 ® Swiss Re Bond#2319273 Corporate Solutions PAYMENT BOND CONTRACTOR: SURETY: (Name,legal status and address) Gunter Construction Company North American Specialty Insurance Company 520 Division Street, Kansas City, KS 66103 1450 American Lane, Suite 1100 , Schaumburg, IL 60173 OWNER: This document has important legal (Name,legal status and address) consequences. Consultation with an attorney is encouraged with respect to City of Riverside Missouri its completion or modification. 2950 NW Vivion Road, Riverside, MO 64150 Any singular reference to Contractor, CONSTRUCTION CONTRACT Surety,Owner or other party shall be Date: June 15, 2021 considered plural where applicable. This document combines two separate Amount:$46,250.00 Forty Six Thousand Two Hundred Fifty Dollars bonds,a Performance Bond and a and 00/100 Payment Bond,into one form. This is Description: not a single combined Performance (Name and location) and Payment Bond. 2021 Tremont Sculpture Base Project No. 351-021 BOND Date: June 18, 2021 (Not earlier than Construction Contract Date) Amount: $46,250.00 Forty Six Thousand Two Hundred Fifty Dollars and 00/100 Modifications to this Bond: MNone F-1 See Section 18 CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Gunter Construction Company Company: North American Specialty Insurance Company uuumrrpn /�• N N 101 ip UTY r ri�r� Signature: Signature: SEAL Name Name C. LaVonne Engeman =1"" m; �lG(l\ c w x 1973 a En e, C�vc1�C �=: Q:o: and Title: V ` and Title: Attorney-in-Fact ��y��, Sa�`� (Any additional signatu�ap`p�'a�o the last page of this Payment Bond.)Surety Phone No. 603-644-6600 �irrrrrr�iN�i�t�;�.��`` (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) Thomas McGee Group, A Division of Risk Strategies 120 W. 12th St., Suite 1000 Kansas City. MO 64105-1938 816-842-4800 This Document conforms to the AIA Document A312Tu—2010 5 1. The Contractor and Surety,jointly and severally,bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants,who do not have a direct contract with the Contractor, 1 have furnished a written notice of non-payment to the Contractor, staring with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). 6. If a notice of non-payment required by section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. This Document conforms to the AIA Document A3121"—2010 6 11. The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor,materials or equipment"that part of water,gas,power, light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. This Document conforms to the AIA Document A312rm—2010 7 17. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Signature: Signature: Name and Title: Name and Title: Address Address: This Document conforms to the AIA Document A312'M—2010 8 , e SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint:C. LaVonne Engeman Principal: Gunter Construction Company Bond Number. 2319273 Obligee: City of Riverside Missouri Bond Amount: See Bond Form Bond Description:2021 Tremont Sculpture Base Project No.351-021 Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future withregardto any bond,undertaking or contract of surety to which it is attached." L/,2jP�t�- WmtuONAZ ' 5?GOPCrF iyZ By ' FSG ? SEAL :A= Steven P.Anderson,Senior Vice President of\4uhington International Insurance Company 3 ,S'E,dtL _ n E w`;x 1973 0 O 8 SeniorVice President ol�Nurjl'h✓A/Amer can 5peclaite Insurance Compam E AM ulna Iit By 'oh�j"• k••* P,a Michael A.Ito,Senior Vice President of W ashington Iateruatiooai Insu ranee Company !®ivaNatn�`�� &senior Vice Presitlest of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this—I st day of February , 2019 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 1 st day of February 2019,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M.KENNY Notary P.br.0.State of lliiw6 My Commission rspircs M.K.M.Y.Notary Public 121QU2021 1, Jeffrey Goldbem , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 18th day of June 12021 Jeffrey Goldberg,Vice President&A risunt Secretary of Washington International Insurance Company&Nath American Specialty Insurance Company l ® DATE(MM/DD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 6/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Garrett Beichle Thomas McGee, L.C. PHONE FAX 120 W. 12th St.,Suite 1000 (A/c N •816-842-4800 A/c No:816-472-5018 P.O. Box 419013 ADDRESS: gbeichley@thomasmogee.com Kansas City MO 64105 INSURERS AFFORDING COVERAGE NAICM INSURER A:Travelers Property Casualty of America 25674 INSURED GUNTE-1 INSURER B:Phoenix Insurance Company 25623 Gunter Construction Company 520 Division Street INSURER C:Travelers Indemnity Co of CT 25682 Kansas City KS 66103 INSURER D:Charter Oak Fire 25615 INSURER E:Travelers Casualty&Surety Co 19038 INSURER F: COVERAGES CERTIFICATE NUMBER:1365060679 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUERPOLICY EXP LTR POLICY NUMBER MMIDDY EFF (MMtDDNYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY Y 4TCO9M578171PHX21 1/1/2021 1/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE Fx_]OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY[X]jECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y BA9M366371212SG 1/1/2021 1/1/2022 COMBINEDSINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDX NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR Y CUP6P738574212S 1/1Y2021 1/1/2022 EACH OCCURRENCE $8,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $8,000,000 DED I X I RETENTION$1 n nnn $ E WORKERS COMPENSATION UB9M549765212SG 1/1/2021 1/1/2022 XPER OTH AND EMPLOYERS'LIABILITY STATUTE ER IN ANYPROPRIETOR/PARTNER/EXECUTIVE YN/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Installation Floater QT6604847N425COF21 1/1/2021 1/1/2022 Limit 2,500,000 Dad 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project:2021 Tremont Sculpture Base,Project No:351-021;Contract Amount:$46,250. The City of Riverside,Missouri is named as Primary and Non-Contributory additional insured as respects this project,when required by written contract.Waiver of Subrogation where permissible by law. Written 30-day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Riverside, Missouri ACCORDANCE WITH THE POLICY PROVISIONS. City Hall 2950 NW Vivion Road AUTHORIZED REPRESENTATIVE Riverside MO 64150 /J � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD