HomeMy WebLinkAboutR-2022-086 Awarding Bid 2022 Street Maintenance - Concrete - Terry Snelling Construction, Inc. RESOLUTION NO. R-2022-086
A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE 2022
STREET MAINTENANCE - CONCRETE AND APPROVING THE AGREEMENT
BETWEEN THE CITY AND TERRY SNELLING CONSTRUCTION, INC. FOR
CONSTRUCTION OF SUCH PROJECT
WHEREAS, the City issued a request for bids for the construction of improvements for the
2022 Street Maintenance - Concrete (Project No. 322-022) ("Project"); and
WHEREAS, the City received two (2) responses to its request for bid and the proposal
submitted by Terry Snelling Construction, Inc. ("Terry Snelling") in the amount of$467,025.00 has
been evaluated by the City and recommended as the most advantageous proposal for
performance of the project; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a
contract with Terry Snelling to perform the Project; ,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS
THAT the proposal of Terry Snelling Construction, Inc. for the construction of the 2022
Street Maintenance - Concrete in the amount of $467,025.00 is hereby accepted and approved;
and
FURTHER THAT an agreement by and between the City of Riverside and Terry Snelling
in substantially the same form as attached hereto in Exhibit "A" and incorporated herein by
reference is hereby authorized and approved; and
FURTHER 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. Such training must be completed within sixty
(60) days of the date 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; and
FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are
hereby authorized to execute all documents and agreements necessary or incidental to carry
out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the
Mayor.ofthe city of Riverside Missouri the 2nd day of August 2022.
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-- - •`t: thleen L. Rose, ayor
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EXHIBIT "A"
2022 Street Maintenance - Concrete Project Manual
PROJECT MANUAL
2022 Street Maintenance - Concrete
PROJECT NO: 322-022
The City of Riverside, Missouri
June 27, 2022
TABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
ADVERTISEMENT FOR BIDS
INFORMATION FOR BIDDERS
BID FOR UNIT PRICE CONTRACT
BID FORM
BID BOND
EXPERIENCE Q UESTIONAIRE
AFFIDAVIT for WORK AUTHORIZATION
AGREEMENT
EXHIBIT A PERFORMANCE BOND
EXHIBIT B PAYMENT BOND
EXHIBIT C STATE PREVAILING WAGE RATES (MISSOURI)
EXHIBIT D TIME FOR COMPLETION
EXHIBIT E SCOPE OF WORK
EXHIBIT F TECHNICAL SPECIFICATIONS
EXHIBIT G NOTICE TO PROCEED
EXHIBIT H EXAMPLE - APPLICATION FOR PAYMENT FORM
EXHIBIT I EXAMPLE - CHANGE ORDER FORM
EXHIBIT J CERTIFICATE OF SUBSTANTIAL COMPLETION
EXHIBIT K AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
EXHIBIT L ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION
EXHIBIT M CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
EXHIBIT N SUBCONTRATOR AFFIDAVIT FOR FINAL PAYMENT
EXHIBIT 0 ENGINEER/CONSULT. CERT. for Acceptance & Final Payment
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
01732 DEMOLITION
DIVISION 2—SITEWORK
Section Description
02230 CLEARING AND GRUBBING
02300 EARTHWORK
02350 EROSION AND SEDIMENT CONTROL
02520 PORTLAND CEMENT CONCRETE PAVING
02820 SEEDING
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
CITY OF RIVERSIDE, MISSOURI
ADVERTISEMENT FOR BIDS
Separate sealed bids for the 2022 Street Maintenance-Concrete(Project No.322-022)will be received
by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 A.M.,
on July 21,2022, and then publicly opened and read aloud at Riverside City Hall.
The Information for Bidders, Form of Bid, Agreement, Specifications, and Forms of Bid Bond,
Performance and Payment Bond, 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.
You can also view the Information for bidders and advertisement 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. Each bidder must deposit
a bid security in the amount, form and subject to the conditions provided in the Information for Bidders.
No bidder may withdraw a bid within 90 days after the actual date of the opening thereof.
Attention of bidders is particularly called to the requirements as to conditions of employment to be
observed and minimum wage rates to be paid under the agreement.
Dated: June 27, 2022
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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
2022 Street Maintenance- Concrete
(Project No. 322-022)
1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City
Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m. on July 21,2022, 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 "2022 Street Maintenance - Concrete
(Project No. 322-022)"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
without forfeiture of the Bid Security.
2. There will not be a Pre-Bid Meeting.
3. Rejection 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 Bond
(4) Bid Form
All blank spaces for bid prices must be filled in,in ink or typewritten,in both words and figures,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
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THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM
ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS
INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK.
The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of
the work.
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:
City Engineer,City of Riverside: Travis Hoover; thoover@riversidemo.gov or 816-372-9004
and to be given consideration must be received by July 15th, 2022 at 5pm.
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 either hand delivered by a deliverer with receipt of delivery, or 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
July 18th,2022 at 5pm. 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: The bidder shall submit to the City with the Bid a list of all proposed sub-contractors to be used
on the project. The list shall indicate those portions of the work each sub-contractor will be performing. The
Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate
which materials each supplier is furnishing.
The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time
of submission of the bid to manage or perform all of the Work required to be performed on the project by
Contractor under the Agreement.
8. Qualifications of Bidder (Experience Questionnaire): 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 prevailing
wage statute in which prevailing wage penalties were assessed against the Bidder or paid by the
Bidder; 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.
• Statement of Bidder's bond history over the past seven (7) years including any incidences of
failure to perform.
• 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
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9. Bid Security: Each bid must be accompanied by a bid bond payable to the City for five percent(5%) of the
total amount of the bid. A certified check made payable to"The Treasurer of the City of Riverside"may be used
in lieu of a bid bond. Attorneys-in-fact who sign bid bonds must file with each bond a certified and effectively
dated copy of their power of attorney.
As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest
responsible bidders. The bid bond of the remaining bidders will be retained by the City until the earlier of(a)the
91st day after the bid opening, or(b) execution and delivery of the Agreement together with all bonds, evidence
of insurance, work authorization affidavit and other documents required under the Agreement by the bidder to
whom Notice of Award is given. The Bid Security shall be forfeited to the City if the bidder to whom an award
is made fails to enter into the required contract or fails to deliver the required performance or payment bonds.
10. Liquidated Damages for Failure to Enter into Agreement: If the Bidder fails or refuses to execute the
Agreement and deliver such additional documentation within ten(10)days of Notice of Award, any Bid Security
shall immediately become due and payable and forfeited to the City as liquidated damages. Bidders agree that
this is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to
honor its bid and that the liquidated damages in this Section are not penal in nature but rather the parties' attempt
to fairly quantify the actual damages incurred by the City for the Bidder's refusal to honor its bid.
11. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date
to be specified in a written"Notice to Proceed" of the City and to fully complete the project by 10/28/2022.Bidder
must agree also to pay as liquidated damages, the sum of$500 for each consecutive calendar day thereafter as
hereinafter provided in the Agreement and Contract Documents. No time extensions will be granted, except in
case of unusual(unseasonable)weather conditions or additional work requested by the City. Bidder agrees that
the sum of$500 per day is a fair and reasonable approximation of the actual damages incurred by the City
for the Bidder's failure to complete the project within the time outlined above and that such liquidated
damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual
damages incurred by the City for such delays.
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 words and figures will be resolved in favor of words. 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
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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.
15. Obligation of Bidder: At the time of the opening of bids,each bidder will be presumed to have inspected the
site and to have read and to be thoroughly familiar with the 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.
REJECTION OF BID 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 THIS CONDITION.
16. Federal Work Authorization Program Participation: Bidders are informed that pursuant to Section
285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the
successful bidder shall,by sworn affidavit and provision of documentation,affirm its enrollment and participation
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:
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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. Prevailing Wage: Wage rates for the project shall be not less than the prevailing wage rates for Platte County
currently in effect as determined by the Division of Labor Standards of the State of Missouri, pursuant to RSMo
290.210 et seq. The Contractor will forfeit a penalty to the City of$100 per day, or portion thereof, for each
worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or any
Subcontractor.
20. Reserved
21. 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.
22. Transient Employers: Pursuant to RSMo 285.230, every transient employer (employer not domiciled in
Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the
following: 1) Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2)
Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of
Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for
unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be
liable for a penalty of$500.00 per day until such notices required by RSMo 285.230 et seq. are posted.
23. Current City Business License: The successful bidder, and all subcontractors, shall obtain a current city
business license prior to beginning construction.
24. 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.
25. 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
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bidders that it will affirmatively insure that in any contract entered into pursuant to this bid, 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.
26. Security for Payment and Faithful Performance: Simultaneously with delivery of the executed contract,
the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the
payment of all persons performing labor on the project under this contract and furnishing materials in connection
with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and
shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on
such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall have a rating of
at least"A-" from Best's in an amount equal to one hundred percent(100%)of the contract price that does not
include the cost of operation,maintenance and money. Attorneys-in-fact who sign contract bonds must file with
each bond a certified and effectively dated copy of their power of attorney.
27. Signing of Agreement: When City gives a Notice of Award to the successful bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten
(10)days thereafter Contractor shall sign and deliver at least 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.
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BID FOR UNIT PRICE
To: City of Riverside,Missouri
Project: 2022 Street Maintenance-Concrete
Project No. 322-0 2
Date Jul
y 2/1 20ZZ
Proposal of !6 Y )(JELL/,JG C /54.v /!U!t J"l C- (hereinafter called "Bidder") a
corporationk}atp/in4ividnel/or other entity organized and existing under the laws of the State of
/litik5e50Od'd , a corporation/partnership/ or individual doing business as
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 Owner and to fully complete the project by 10/28/2022.Bidder further agrees to
pay as liquidated damages, the sum of$500 for each consecutive calendar day as provided in the Contract
Documents. Bidder agrees that the sum of$500 per day is a fair and reasonable approximation of the actual
damages incurred by the City for the Bidder's failure to complete the project within the time outlined above
and that such liquidated damages in this section are not penal in nature but rather the parties'attempt to fairly
quantify the actual damages incurred by the City for such delays.
Bidder acknowledges
pledges receipt of the following addendum(s):
A7
Bidder agrees to perform all of the project work described in the scope of work,for the unit prices contained
in the attached Bid for Unit Price attached hereto. Amounts are to be shown in both words and figures. In
case of discrepancy,the ambunlishown in words will govern:
Four hundred . 71hovaard'cur&'nd do /hv s
o 'Milt nine o0
n ti Boa ($ /f 9 400 )
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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.
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 10 days and deliver a Surety Bond or Bonds as required by the Agreement.
The bid security attached in the sum of _ov a/ Ad a/ 00/a
($ 5 °a ) is to become the property of the City in the event the Agreement and all
Contract Doct(nnents, including the Performance and Payment Bonds are not executed within the time above
set forth, as liquidated damages for the delay and additional expense to the City caused thereby.
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 s. bn tted:
(SEAL- if bid is by a corporation)
By
Title:. /486%
Street: 2OV 166001
City, State,Zip: /fl a", /uO 6+1196-8
Phone: 8/6 — 985 64507
14
BID FORM
BID FOR UNIT PRICE CONTRACTS
(Pricing) 1/
CONTRACTOR: V SNE/ j J� CO/tle5 rt/Gt-
7 1I 0A1 /WG
2022 STREET MAINTENANCE-CONCRETE (322-022)
ITEM BID ITEM DESCRIPTION EST' UNIT UNIT PRICE PRICE EXTENSION
NO. QTY.
1 Linear Trail 11,000 SF /6, °" ribd 000 °-°--
2 4"Concrete Sidewalk 1,000 SF /0 6° /0 000_ o0
3 Curb Replacement 6,000 LF 413, .9O , 2l0�p,/-QQ. ®°
00
BASE BID TOTAL 17149j 419°
ALTERNATE
{ 4 4"Concrete Sidewalk Replacement 1,500 SF
5 6"ADA Sidewalk Ramp Replacement 75 SF 3 5 °° �2�Coo. 00
ALTERNATE TOTAL 7,b 25'
All Concrete shall be KCMMB 4K
Item NO. 1
• 6"of MoDOT Type 5 baserock(or approved equal)and 6"of Concrete
Item NO. 2
• 5' sidewalks along Palisades Dr near Linear Trail
Item NO. 3
• NW Business Park Ln
• NW Merrimac Ave
• NW Strathbury Ave
Item NO.4
• Montebella 5' sidewalk replacement
Item NO. 5
• Montebella 5' ADA ramps replacement
15
BID BOND
(Bid Security)
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
Terry Snelling Construction,Inc. as PRINCIPAL and
Mid-Continent Casualty Company as SURETY, are held and firmly bound
unto the City of Riverside, Missouri, ("City") in the sum of
Five Percent of the Total Amount Bid ($ 5% )
("Bid Security"), for the payment of which sum well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, successors, and assigns, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has submitted a
bid dated July 21 .20 22 , to enter into a contract in writing for the 2022 Street
Maintenance-Concrete(Project No. 322-022);
NOW. THEREFORE.
IF said Bid shall be rejected, or in the alternate,
IF Principal shall not withdraw the bid within the period specified therein after the opening of
bids, or, if no period be specified, within ninety (90)days after the bid opening, or in the alternate,
IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of
contract attached hereto, properly completed with all attachments,and requirements pertaining thereto,
and shall furnish a bond for the faithful performance of said contract,and for the payment of all persons
performing labor or furnishing materials in connection therewith, shall in all other respects perform the
agreement created by the acceptance of said Bid within ten(10)days after such Contract Documents are
presented to Principal for signature,or in the alternate,
In the event of the withdrawal of the Bid within the period specified, or the failure to enter into
such contract within the time specified.then the Bid Security shall immediately become due and payable
and forfeited to the City as liquidated damages. Principal and Surety agree that this is a fair and
reasonable approximation of the actual damages incurred by the City for the Principal's failure to honor
its bid and that the liquidated damages in this section are not penal in nature but rather the parties'attempt
to fairly quantify the actual damages incurred by the City for the Principal's refusal to honor its bid.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its bond shall be in no way impaired or affected by the extension of the time within which the City
may accept such Bid; and said Surety does hereby waive notice of any such extension.
16
IN WITNESS WHEREOF,the Principal and Surety have hereunto set their hands and seals,and
such of them as or corporations have caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers,the day and year set forth herein.
Ter 4 in Co;?.tr .c•�rr.n, ;'c.
PRINCIPAL,/�� Amor
By: i Aar
(Signature
Printed Name:_ fgrtq �ne�PA.fmq
Title:_ Pig6/derVi
72//2a2�
Date:
I hereby certify that surety is duly licensed to
issue bonds in the State of Missouri and in the
jurisdiction in which the Project is located.
Mid-Continent Casualty Company
SURETY
(Signature)
Printed Name:_ Luanne K Degler
Title:_ Attorfiey-in-Fact
Date: 7/21/2022
SURETY POWER OF ATTORNEY MUST BE ATTACHED
17
MID-CONTINENT CASUALTY COMPANY
1437 SOUTH BOULDER, SUITE 200•TULSA,OKLAHOMA 74119. 918-587,-7221 • FAX 918-588-1253
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the MiD-CONTINENT CASUALTY COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if
more than one Is named,its true and lawful attorney-in-fact,for it and in Its name,place and stead to execute on behalf of the said Company,as surety,
any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof. Branden Banks,Stephanie
Beggs, Luanne K. Degler,Jerome E.Fallen,Tandra Stager and William R.Wilkerson, iV, all of FAIRWAY, KS
IN WITNESS WHEREOF,the MID-CONTINENT CASUALTY COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 20 day of July , 2021
rrrnf,,
55▪4�1 OASp,�Px
S "SEAL`,==
•
: '•. ...�; .' MID-CONTINENT CASUALTY COMPANY
.
• COki t
ATTEST:
ek
SHARON H KL Assistant Secretary TODD A� VICE PRESIDENT
On this 20day of July 2021 before me personally appeared TODD BAZATA ,to me known,being
duly sworn,deposes and says that s/he resides in Broken Arrow,Oklahoma,that s/he is a Vice President of Mid-Continent Casualty Company,the
company described In and which executed the above instrument;that s/he knows the seal of the said Company:that the seal affixed to the said
Instrument is such corporate seal;that it was so affixed by authority of her/his office under the By-Laws of said Company,and that s/he signed his name
thereto by like authority.
trllini►ip
rGAIt�14 Commission# 11008253
STATE OF OKLAHOMA �kv:O'tAliy4gya 0 —08-23
SS J 2 "� • t My Co n Exp e
COUNTY OF TULSA VD; pCl ifp
.' 'N9tATE �•
s,4_.:44i1:0 �J"
.VICONER Grt►. JULIE AL HAN Notary Public
*AO,iirr+rr
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Mid-Continent Casualty
Company by unanimous written consent dated September 25,2009.
RESOLVED: That the President,the Executive Vice President,the several Senior Vice Presidents and Vice Presidents or any one of them,
be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all
bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective
limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of
suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed.
CERTIFICATION
1 SHARON HACKL Assistant Secretary of Mid-Continent Casualty Company,do hereby certify that the foregoing Power
of Attorney and the Resolutions of the Board of Directors of September 25,2009 have not been revo//keeddf and ar now in full force and effect.
Signed and sealed this day o 742Z
e•rIMg4o
aka 1/4 61-1/
SEAL =r<
•�'', SHARON HACKL Assistant Secretary
-tti�•
-,,,gH o��,"
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.
7E1 Y vet1�L.�.i�►C� C.o,157zucno,J 4J To Sne/!'ri
(Company Name) (Primary Contact Name))
20004 t: / trn.i Rd �1,�?'e� e4cej Mo. 61/058
(Address) (City, State,Zip Code)
8/6-925- 41507 816-79/-988e e sene/%4c it .
(Phone Number) ) -mail)Number
(Fax
Federal ID Number: '�7 t7B7 910
or SSN:
(Check all that apply)
Ed General Contracting L Paving ❑ Seeding
i Demolition U Erosion Control Earthmoving
❑ Other:
Name of State(s)in which incorporated: N1t5SOUs'oe
Date(s)of incorporation: 1 H!J US/ 240 9
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: DO99VZ96 Date: 6 f Z8/2Gz2v
Name of the following officers:
7gosey S tsn rrc Mihaly, E. Ems T
(President's Name) (Vice-President's Name)
// h. c5,IE L i•v4 e./1 ,C.. SSA/ Att
(Sccretar s Name) (Treasluer's Name)
Date of Organization: s/ 21//' 200,
Type of Partnership: General Limited Association
18
Names and addresses of all partners(use additional sheet if necessary):
& I/ 2coo4 E t ceori / NO b 5'058 .5i °d
(]Mitre) (Address) (City, State, Zip)
E 1157 726Ng(o/% 2 Leos c.54neH:I /fef0 S11086 4.972
(Name) (Address) (City, State, Zip)
1. How many years has your Company been in business as a contractor under your present business
name? Z®rc3o'.S (>3 d5 Mo i7oortho')
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:
oak/'jrel/®n Co 4s�iv� ®n (o ®
170
3. How many years' experience in the proposed type and size of construction work has your Company
had: (a) as a general contractor 20 ; (b)as a subcontractor 20 ?
4. List the three most recent projects your Company has completed similar in scope to the proposed
work: � //
Project Name or City C/� eiii iV)OrS WO W I! L.��++EA' L CO l'e3d,,
Contact Name ,/5cA3/ ( :40/,6 —J)goea¢or ' Phone &/6"3°8— 791?
/o
Contract Amount$ 626,0�61810. When Completed? /��5/2/
Description of Work RO`" 7';1' of 25 aJOa l s o�cedr;b(71,414,..
•
Project Name or City 6+ WI geir"/seky'jlG
Contact Name C hrCel /Oa.6 is WOeiS Phone 8/6-e38O 8 13
19
Contract Amount$ ldd ®DO, When Completed? 7 22.
Description of Work itiot9/L4ee/AIertT 0lee'er2C` e c li f'�pU
Project Name or City t_/ ed /1 de ) 1 44.4.
Contact Name 6' tO /"e• Phone 8/6-3Z5-7609
Contract Amount$ Z9 97t9, 23 When Completed? 9ez
Description of Work graeif/ - ` ccmddadk / ,'?au/ o'd iafe, oto
Nardi ,4i i# /'leirenpe,ce
5. What other important projects has your Company completed?
Project Name or City e1' of
Contact Name .h',4/?. //'K Way PE Q//1&eP Phone 8/6- 9'-'�507
Contract Amount$ 4o� .36 $® `J When Completed? �0 2Z
Description of Work Cvr',b arid c5 dervaik ireplezevineot
Project Name or City e/
Contact Name. :yser) Abel ^b//'law Phone 8/6-761/-7676
Contract Amount�$ &D4 2/7. 6o When Completed? /ZZ
Description of Work /(Ie ./nva/ r micgreeilien, coAcrek, ewi-
20
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: (�
670,�tSTP1 /d/1 orgi eepnw &iwce, / ,04e/l> hetmer-
/ 'ACi) 2y3 ee /ecA - 0 n , h
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)
AVD
8. Name of your Surety Company, and the name and address of your agent you expect to use in the
event this contract is awarded to you:
Ada-con6/7en/ 08sud/,1 Co"oaf,
1/8015 Wilkerson Ins. grander)hani.5 Jizewo• Miss/a;i4
airu.�ay, Z5, 6bzo5 /3-V52 -` .06
9. What is your present bonding capacity? ✓ 00
2aiye5/ &/ ref e`,/ 2 6. ,450
10. List each and every incidence of failure to perform that resulted in a claim under a Performance or
Payment Bond:
11. 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 ,Maanager, Safety Officer.
NAME 7fr c '!)e1//n /Position S. ^ 0,,Oerci/ ,o/1S
Years of construction experience: 171Z
Magnitude &Type of Work ConCrek da yAaI efrVd fia i
In What Capacity? VC&Pres AMC Ato afie w- 70D,amil7 Gositraehej
Years of Employment with Contractor: 20
Other projects this individual will be involved with concurrently with this project:
21
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.1 John R. Ashcroft {''
?J
i, Secretary of State � ` :
{rl CORPORATION DIVISION N' -':,k:t
�:; 4,7,� CERTIFICATE OF GOOD STANDING },•
i =1� t`
60,-. I JOHN R.ASHCROFT Secretary of State of the State of Missouri do hereby certify that the records in -a;a, t
f`% _= my office and in mycare and custodyreveal that =w•
}y; w� i�_R
f; •:= Terry Snelling Construction Inc v
1 t}s:4'=' was created under the laws of this State on the 24th dayof August, 2009 and is in good standing, having0,4
=- ".
''.:� fully complied with all requirements of this office. =:_ :,.
F4' '' C -3,:,+r i
`)y'. � IN TESTIMONY WHEREOF,I hereunto set my hand and ���a� 1 t 1 S� 6 fl E`..`:
}A�' cause to be affixed the GREAT SEAL of the D � ** �QO = `'�State of ;:..
;'-:r= Missouri. Done at the City of Jefferson, this 28th day of ,m ti' * *** 'f ic .,X r9
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ts:: Certification Number:CKK1'-06282022-0038 •`•yt
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Corporate Resolution of Terry Snelling Construction Inc.
Resolution Granting Signing and Authority to Conduct Business
Whereas,the Corporation desires to grant signing and authority to certain persons described
hereunder.
RESOLVED, that the Board of Directors is hereby authorized and approved to grant signing and
authority to conduct business to any one of the following persons:
Terry S Snelling, President CEO
William E Ernst,Vice President
The foregoing signing and authority granted shall include, but shall not be limited to, the
execution of Deeds, power of attorney,transfers, assignments, proposals, contracts, obligation,
certificates, and other instruments of whatever nature entered into by this Corporation.
The undersigned hereby certifies that she is the duly elected and qualified Secretary and
custodian of the books and records and seal of Terry Snelling Construction Inc, a corporation
duly formed pursuant to the laws of the State of Missouri and that the foregoing is a true
record of a resolution duly adopted at a meeting of the Board of Directors and that said
meeting was held in accordance with State law and the Bylaws of the above-named
Corporation on 9/17/2016, and that said resolution is now in full force and effect without
modification or rescission.
IN WITNESS WHEREOF, I have executed my name as Secretary and have affixed the corporate
seal of Terry Snelling Construction Inc,this 17th day of September, 2016.
7://z4
eily nelling
Secretary
105 West Capitol Avenue
MoDQT P.O.Box 270
Jefferson City,Missouri 65102
Missouri Department of Transportation 573.751.2551
PatrickK.McKenna,Director Fax:573.751.6555
1.888.ASK MODOT(275.6636)
•
• December 3,2021
Terry Snelling Construction,Inc.
20004 E Yocum Road
Independence,MO 64058
Dear Sir or Madam:
This is to acknowledge receipt of your Contractor Questionnaire. As set forth in 7 CSR 10-15,your firm has been
•
approved to bid as a prime contractor on highway projects at or below$2,000,000.The questionnaire submitted will
be retained on file for one year,and will expire on 11/30/2022.
The Missouri Highways and Transportation Commission(the Commission)does not issue a gross qualification
figure to prospective bidders.The lowest,responsive,responsible bidder for each project is determined by the
Commission. The Commission reserves the right to reject any and all bids.
You have been assigned contractor vendor number 0012482,to be used in the bidding process with MoDOT. In
order to submit a bid on MoDOT road and bridge projects,you must have an active Bid Express account and a
digital ID. Establishing a digital ID with Bid Express may take up to a week. A bidder must also download the
current version of Expedite Bid software and the electronic bid submission(EBS)files from
www.B.idx.coin/nro/main.
All bidders are reminded that the Missouri Standard Specifications for Highway Construction Section 102
"Bidding Requirements and Conditions"includes important elements you should become familiar with prior to
submitting a bid.Violation of this section is grounds to disqualify and reject bids by the Commission.
All successful bidders are required to remain in good standing with the Missouri Secretary of State to do business
with the State of Missouri to be eligible to receive a contract for execution and during the performance of the
contract.
MoDOT requires all successful bidders to be registered in MissouriBUYS.Registration with MissouriBUYS ensures
prompt payment and allows vendors to update important information such as address changes or banking
information. In addition,registration in MissouriBUYS allows contractors to view other bid opportunities with the
State of Missouri.https://inissouribuys.rtm.eov/registration
Please note that MoDOT road and bridge bidding opportunities remain located in MoDOT's Online Plans Room.
https:/'www.modot_orghnpdot-online-plans-room
If you have any questions pertaining to filing questionnaires or to expiration dates,please call Jennifer Smith at
573-751-8305.
Sincerely yours,
&c.),ic\
David D.Ahlvers
State Construction and Materials Engineer
MaDOT Our mission is to provide a world-class transportation system that is safe,
innovative,reliable and dedicated to a prosperous Missouri.
www.modot.org
Gig,lwoad 2 dke i ✓hare, 2oZ1 cure/ ryhoefssanl`
Education, professional registrations, certifications and credentials held by individual applicable to
the Project:
6/1/4/,nl Wa 7Ft 1 4
NAME Nektaif HahlasAarl Position obi! 7/leer
Years of construction experience: 40
Magnitude &Type of Work Ilecluy !T/ 044603p
In What Capacity? e/DiJ i.Shmc2 r" - 6G�/!f ter C O,6/2:1
Years of Employment with Contractor:
Other projects this individual will be involved with concurrently with this project:
( r��wxad On- Ati' Mrrbteemar?iS
Education, professional registrations, certifications and credentials held by individual applicable to
the Project: � �
(-JO/ al/,vex- - 4lS4rvsaAi C'lc%c5 A q_ ._ al
0,/'t G/ v L/C J-
l
NAME wham G• L/"/1eS1 Position e,. ,0. 14C�I' epela /0
Years of construction experience:
Magnitude&Type of Work He , CONS1rt, h 4-) Ocarty qieeidatufs5
In What Capacity? OfeldbaIw 1414ayer
Years of Employment with Contractor: /5
Other projects this individu gl will be involved with concurrently with this project:
Education, professional registrations, certifications and credentials held by individual applicable to
the Project:�D//
P- 5/ SS—
22
History of Terry Snelling Construction
Founded in 2002 by Terry S Snelling offering a full range of construction activities including grading and
earthwork,concrete and asphalt paving, and storm sewer and utility construction. Terry's expertise began
as an Engineering Technician for design of roadways and public work projects and as a construction
inspector on major capital improvement projects for the city. He entered the construction trade as an
estimator for a major road builder and manufacture of asphalt and ready mix. Began a ready mix concrete
and concrete construction business until sold out to another major producer. Worked for this producer on
Heavy Highway projects and managed ready mix and quarry operations at several locations in Kansas
City and Missouri. Left to pursue this business in 2002. As well as construction 'Terry is owner of E.& S
Rock,a limestone quarry in Holden, Johnson County Missouri since 2012. Terry Snelling Construction
was incorporated in the State of Missouri in 2009.
In 2011 William Ernst,current Vice President, came on board as a general superintendent, his experience
with a major road builder and quarry operations was a good fit for our growing company.
Kelly L. Snelling is the corporate secretary of TSC holding this position since 2009. Kelly is responsible
for the daily operations of our offices in Independence and Holden Missouri. Kelly has experience in
Engineering and Construction field totaling more than 25 years.
Michael Hallahan, currently is the staff engineer holding a BS in Civil Engineering. Mike is responsible
for in house design build projects,estimating and project management.
Glen I'olina, came to TSC in 2012 as a project foreman and superintendent. Glen's expertise was concrete
curb and gutter with over 35 years in the heavy highway industry. Glen heads our curb and sidewalk
division.
John Phillips came back to TSC in 2017 as a leadman and was quickly promoted to project foreman and
project superintendent. John is responsible for major flatwork projects and any special projects culverts,
small span bridges, parks shelters, walking trails and boardwalks.
Rodney Carmack came to 1'SC in 2018 and is a project leadman responsible for structural concrete and
special projects such as truck scales, foundations footings and floors.;;'
• Terry Snelling Construction currently employs 20 skilled construction tradespersons.
The company owns a fleet of 10 support vehicles, 4 dump trucks and necessary equipment ranging from
excavators, front end loaders, dozers,compactors and skid loaders.
•
12. List the major items of equipment which you own or which will be used on the project:
Age in
Quantity, Description. & Capacity Years Condition
TacAiecli r ,boa 's (5) WAS, 2o/13 exce//envi
Ku/eta Loaders (2) dia6s1 20/7 Excel/en/
H/o:1 ec kilni Z.x (1 ' toe9 exeedeni
koala v /38 fix. 2os2 aod
cliurryo Tt s (3) ®/des/ eao zed) O/2 &c /An/
13. 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):
/VOl16.
14. On a typical project, what percent of the work is completed by your own forces? (7% % What
percent by subcontract? I/ %. List subcontractors you propose to use on this project and their
responsibility in this contract.
Subcontractor Name --Coontrract Responsibility % of Contract
(1) �Tl lGt�s& /�a# c1/ i� ofo
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
23
15. Is your Company current on payment of Federal and State income tax withholdings and
unemployment insurance payments? ye5
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? /V0
If the answer is yes,please provide detail:
17. Has your Company received any written notices of violations of any federal or state prevailing wage
statute in which prevailing wage penalties were assessed against your Company or paid by your
Company during the Iast 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
such information to the City of Riverside.
Dated on behalf of said Company this c9,0 day of / )p ,
By: f �N -'
Title get, wen/
State of ISSQhtYi )
) ss
County of 3a GIGS v V )
being duly sworn, deposes and says that he or she is the / 4de-ini of
Ti
nj Snail in?4 (11nalrve.hoiJ j,jc. Company, tha t 'she has been authorized by
such Company toe'brnplete 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 2 D day of J U ill
My commission expires: Notary Public
g- 3.2L1
SAMANTHA LARSON
Notary Public-Notary Seal
- STATE OF MISSOURI _4
Jackson County
My Commission Expires:Aug.3,2024.
Commission#18194728
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 service of any kind or character for hire within the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization
programs operated by the. United States Department of Homeland Security or an equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify information of newly hired employees,
under the Immigration Reform and Control Act of 1986(IRCA),P.L.99-603.
KNOWINGLY:A person acts knowingly or with knowledge,
(a)with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's
conduct or that those circumstances exist;or
(b)with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain
to cause that result.
•
UNAUTHORIZED ALIEN:An alien who does not have the legal right or authorization under federal law to work in the
United States,as defined in 8 U.S.C. ]324a(h)(3).
State of Jil/S SO0r/ )
County of i,6C._' ,61,) ) ss:
BEFORE ME, the undersigned notary, personally appeared T 2Y 5. vA/El.L A%1 . , who, being duly
sworn,states on his/her oath or affirmation as follows:
1.My name is 7&e,ey'S. 4IEL1./ and I am currently the /%eodei of
_ �ti M1G CONST1Lt1C.77a&J PLC. (hereinafter "Contractor"), whose business address is
.100e )/oG1 , //1 f o 6tA4Sb ,and I am authorized to make this Affidavit.
2.1 am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated
herein.
3.Contractor is enrolled in and participates in a federal work authorization program with respect to the employees
working in connection with the following services contracted between Contractor and the City of Riverside: 2022 Street
Maintenance-Concrete (Project No.322-022).
4.Contractor does 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/ cn iection wit e contr cted services.
Further, Affiant sayeth not. t
t. a/it AS SSignature of AffPrinted Name: )-1 5. c.A/ JNG
Subscribed and sworn to before me this 20 day of 31A ,202Z
A001\19)1/{ehl) CLP-i_A-"/\
Notary Public
*PLEASE 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.
:1
SAMANT'rIA LARSON
Notary Public-Notary Seal 2 5
STATE OF MISSOURI
Jackson County
Ex •
My Commission Expires:Aug.3,2024
Commiss.n ,/18194728
VeriFy Ili(pl
Company ID Number: 201307
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
• MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
• Department of Homeland Security (DHS) and Terry Snelling Construction (Employer)
regarding the Employer's participation in the Employment Eligibility Verification Program (E-
Verify). This MOU explains certain features of the E-Verify program and enumerates specific
responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is
• a program that electronically confirms an employee's eligibility to work in the United States after
completion of the Employment Eligibility Verification Form (Form I-9). For covered government
contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and
} all existing employees assigned to Federal contracts.
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). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as.
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
•
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allews the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U:S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
` i'i
Company ID Number: 201307
To be accepted as a participant in E-Verify, you should only sign the Employer's Section
of the signature pge. If you have any questions, contact E-Verify at 885-464-4218.
Employer Terry Snelling Construction
Terry S Snelling
Department of Homeland Security-Verification Division
liSCiS Verification Division
AGREEMENT
BETWEEN
CITY OF RIVERSIDE, MISSOURI AND
Contractor: Terry Snelling Construction, Inc.
FOR
COMPLETION OF
2022 Street Maintenance - Concrete
Project No. 322-022
ORDINANCE / RESOLUTION NO.: n 0 ZZ.O (p
CONTRACT PRICE: S467,025.00
2€
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
2022 Street Maintenance- Concrete
Project No: 322-022
THIS AGREEMENT,made and entered into as of the 23 day of August,2022,by and between
the City of Riverside, Missouri ("City"), and Terry Snelling Construction, Inc. ("Contractor"), shall
govern all Work to be provided by Contractor for City on the Project.
WHEREAS,City,under the provisions of Ordinance/Resolution No. 2022--08(0 ,duly
approved on the 2nd day of August, 2022 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 mean:
A. "Contractor" A person, firm,or corporation with whom the contract is made by the City.
B. "City" The City of Riverside, Missouri.
C. "City Administrator"That person designated by the City as the City Administrator.
D. "Project" The building, facility, and/or other improvements for which Contractor is to
provide Work under this Agreement. It may also include construction by City or others.
E. "City Engineer" employed by the City of Riverside to manage the project on behalf of the
City: Travis Hoover(thoover(&riversidemo.aov) 816-372-9004.
27
F. "Subcontractor"A person, firm or corporation supplying labor and materials or only labor
for the work at the site of the project for, and under separate contract or agreement with the Contractor.
G. "Substantial Completion" 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.
H. "Work" or "Work on the Project" 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 E (Scope of Work) and Exhibit F (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.
I. "Written Notice" Any notice delivered hereunder and the service thereof shall be deemed
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 on the work.
ARTICLE II
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B. Contractor represents that it has evaluated and satisfied itself as to all conditions and
limitations under which the Work is to be performed, including, without limitation, (1) the location,
condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic
conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment.
City shall not be required to make any adjustment in either the Contract Amount or the time for
performance of the Work because of Contractor's failure to do so.
C. The City Engineer 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
City Engineer may recommend, but cannot approve Change Orders resulting in an increase in time of
performance or payments due to Contractor. The City Engineer 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 City Engineer 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 City
Engineer, as necessary to carry out the Work required by the Contract Documents. The additional
28
drawings and instructions thus supplied will become a part of the contract drawings,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 Four Hundred Sixty-Seven Thousand and Twenty-Five Dollars($467,025.00).
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
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
29
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 10/28/2022. 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. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all
the Work as set forth in the Contract Documents,Contractor shall pay City$500.00 per day,as liquidated
damages and not as a penalty, for each calendar day after such date, until Substantial Completion of all
the Work is achieved. Contractor agrees that the sum of $500.00 per day is a fair and reasonable
approximation of the actual damages incurred by the City for the Contractor's failure to complete the
project within the time outlined above and that such liquidated damages in this section are not penal in
nature but rather the parties' attempt to fairly quantify the actual damages incurred by or the City for
such delays. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to
achieve Substantial Completion in accordance with this Agreement. Specifically,but without limitation,
City may exercise any of its default or termination rights under this Agreement under all circumstances
described herein, including but not limited to Contractor's failure to achieve Substantial Completion in
accordance with Paragraph B above. Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the Work is due to unforeseen causes beyond the control
and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the
public enemy, acts of the City, acts of another Contractor in the performance of a contract with the City,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and
unforeseeable weather provide the Contractor has given written notice of such delay to the City within
five (5) days of the event causing such delay.
D. 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.
30
E. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in
any event before commencing performance of the Work, Contractor shall submit to City for approval a
construction schedule that specifies the dates on which Contractor plans to begin and complete various
parts of the Work, including dates on which information and approvals are required from City. Upon
City's written approval of the schedule, Contractor shall comply with it unless directed by City to do
otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate
intervals if required by the conditions of the Work and the Project. With each Application for Payment
under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the
original schedule nor any update shall exceed time limits for the entire Project under the Contract
Documents.
F. 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
G. 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.
H. 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 that 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
I. 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 City Engineer 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.
J. SHOP DRAWINGS. Contractor shall submit to City Engineer 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
31
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 City Engineer. Review of any Contractor submittal shall not be
deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents
unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. When submitted for the City Engineer'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 City Engineer any
shop drawings, samples, product data,manufacturers' literature, or similar submittals as may reasonably
be required by City. Contractor shall perform all Work strictly in accordance with approved submittals.
City Engineer'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 City Engineer.
K. 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 City Engineer. 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.
L. 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 City Engineer timely notice of readiness.
The Contractor will then furnish the City Engineer the required certificates of inspection, testing
approval. Inspections, tests or approvals by the City Engineer or others shall not relieve the Contractor
from the obligation to perform the work in accordance with the requirements of the Contract Documents.
The City Engineer 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.
32
If any work is covered prior to inspection by the City Engineer it must, if requested by the
City Engineer, be uncovered for the City Engineer's observation and replaced at the Contractor's
expense. If the City Engineer considers it necessary or advisable that covered work be inspected or
tested by others, the Contractor, at the City Engineer's request, will uncover, expose or otherwise make
available for observation, inspection or testing as the City Engineer may require,that portion of the work
in question, furnishing all necessary labor, materials,tools and equipment.
M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all work
rejected by the City Engineer 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 owner 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.
N. 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.
O. 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 Owner any additional land and access thereto that the Contractor may desire for temporary
construction facilities, or for storage of materials.
P. 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
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responsible for any mistake that may be caused by their unnecessary loss or disturbance.
Permits and licenses of temporary nature necessary for the prosecution of the work shall be
secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions.
Permits,licenses and easements for permanent structures or permanent changes in existing facilities shall
be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and
comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and
specified. If the Contractor observes that the Contract Documents are at variance therewith, the
Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as
provided in Article VII changes in the work.
Q. 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/City Engineer.
R. 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, form the entire agreement between
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City and Contractor, and are the Contract Documents:
1. INFORMATION FOR BIDDERS
2. BID FOR UNIT PRICE CONTRACTS
3. , BID FORM
4. BID BOND
5. EXPERIENCE QUESTIONNAIRE
6. AFFIDAVIT OF WORK AUTHORIZATION
7. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
8. PERFORMANCE BOND
9. PAYMENT BOND
10. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR
STANDARDS
11. TIME FOR COMPLETION
12. SCOPE OF WORK
13. TECHNICAL SPECIFICATIONS
14. NOTICE TO PROCEED
15. APPLICATION FOR PAYMENT FORM
16. CHANGE ORDER FORM
17. CERTIFICATE FOR SUBSTANTIAL COMPLETION
18. AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
19. ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION
20. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
21. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
22. 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.
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ARTICLE VI
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with a
schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City.Each application for payment shall be based upon the percentage of actual completion
of each category, multiplied by the dollar value of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Partial Payment to the City Engineer. In addition to the amount of payment
requested in the Application for Partial Payment,each application shall list the original Contract Amount,
the amount Contractor has invoiced City to date, the amount Contractor has received to date, total
additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an
itemization of any further additions to or deletions from the Contract Amount that Contractor claims.
Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the
requested payment and shall state the amount Contractor intends to pay each such Subcontractor and
supplier. An Application shall not include a request for payment for any portion of the Work that was
performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such
Subcontractor or supplier from such payment, nor shall the Application 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, or return the Application 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 City Engineer
and Administrator. City Engineer shall review each application for payment and certify for payment
such amounts as City Engineer 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 such certificate, shall prepare a check for the sum
certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for
Contractor under 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 City Engineer'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, 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
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City. City may, at its option, also require a similar receipt and release of claims and rights from each
Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The
subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate
that (except for retainage) all debts for work performed or materials supplied included on any previous
payment application to City from Contractor have been satisfied and that the Subcontractor or supplier
waives and releases any and all claims or rights in connection therewith.
G. Contractor shall not be entitled to final payment for the Work until Contractor submits an
application for final payment, all requirements of the Contract Documents are complied with, and
Engineer issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on
the form attached hereto as Exhibit N. City, within thirty (30) days after the delivery of Engineer's
certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement.
H. Acceptance of final payment by Contractor shall release City from all further obligations
to Contractor, except as to such amounts, if any, Contractor has identified in its application for final
payment as claimed by Contractor. All claims not identified in the application for final payment are
waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from
any obligations under the Contract Documents or the Performance and Payment Bonds.
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
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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 Contract.
ARTICLE VII
CHANGES/CLAIMS
A. City,without invalidating this Agreement,may at any time and without notice to any surety,
order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in
writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with
any addition, deletion,or other change without a written order.No oral direction or order shall constitute
authority for Contractor to proceed with any addition,deletion,or other change. If Contractor undertakes
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
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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.
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.
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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.
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) years after the date of final acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named 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
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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
(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
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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
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 contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of
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or for the owner 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 contract or in any part thereof, any material
supply contract, subcontract, insurance contract, or any other contract pertaining to the project.
ARTICLE XII
RECORDS REGARDING PAYMENT
For a period of at least two(2)years after final payment to Contractor, Contractor shall maintain,
in accordance with generally accepted accounting principles, such records as are necessary to
substantiate that all applications for payment hereunder were valid and properly chargeable to City. For
lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for
proper percentages of completion and for payments to subcontractors and suppliers. For any Work,
including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include
but are not limited to all contracts,subcontracts,material bills,correspondence, accounting records,time
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 Payment Applications:
If to the City: If to the Contractor:
Travis Hoover, City Engineer Name: Terry Snelling
2950 NW Vivion Rd. Title: President
City of Riverside, MO Street Address: 20004 E Yocum Rd
Riverside, MO 64150 City, State Zip: independence, MO 64058
thoover@riversidemo.gov Email:terry@terrysnellingconstruction.com
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.
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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 complyy with any of Contractor's obligations under the
Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or
supervision, sufficient materials or services(including but not limited to insurance and bonds)complying
with the Contract Documents, or sufficient or properly operating tools, equipment, or other items
necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with
promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City
or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5)
bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall
be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of
delivery of a written notice to Contractor to correct such default, City may, in addition to any other right
or remedy City may have,terminate the services of the Contractor and take possession of the project and
of all materials, equipment, tools, construction equipment and machinery thereon owned by the
Contractor and finish the work by whatever method the City may deem expedient to correct the default,
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
44
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 City Engineer and Administrator, then the Contractor
may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover
from the City payment for all work executed.
G. The City, without terminating the service of the Contractor or written notice to the Surety,
through the Administrator may withhold, without prejudice to the rights of the City under the terms of
the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any
approved partial payment estimate to such extent as may be necessary to protect the City from loss on
account of(1)defective work not remedied, (2) claims filed or reasonable evidence indicating probably
filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material
or labor, (4)a reasonable doubt that the Work can be completed for the balance then unpaid,(5)damages
to another contractor, or(6)performance of work in violation of the terms of the Contract Documents.
ARTICLE XV
TERMINATION FOR CONVENIENCE
Notwithstanding anything contained herein to the contrary,City may,at any time,for any reason,
and without Contractor's being in default, terminate Contractor's performance of any part or all of the
Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of
termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn
over to City or City's designee materials and equipment purchased for the Work. City shall pay
Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually
performed as of the termination for convenience.City shall not be obligated to Contractor for any further
payment, including but not limited to prospective overhead or profit on unperformed work. If a
termination by City of Contractor's right to proceed on the ground of default by Contractor is determined
later to have been improper,the termination automatically shall be converted to a termination for City's
convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided
in this Article.
ARTICLE XVI
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules,
regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall
secure all permits from public and private sources necessary for the fulfillment of Contractor's
obligations under the Contract Documents.
45
B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security
number, occupation, and craft of each worker employed by Contractor in connection with the Work and,
for each such worker, the number of hours worked each day, the total hours worked during the payroll
period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a
corresponding statement from each Subcontractor of any tier that employed any workers in connection
with the Work during the period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVII
LABOR STANDARDS PROVISIONS
A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of
wages established by the Missouri Department of Labor and Industrial Relations Division of Labor
Standards, as set out in the wage order set forth in Exhibit C attached to and made a part of, shall be paid
to all workers performing work under the Agreement. An Affidavit of Compliance with the Prevailing
Wage Law as set forth in Exhibit K shall be completed by Contractor and every Subcontractor employed
on the Project prior to final payment. The Contractor will forfeit a penalty to the City of$100 per day
(or portion of a day) for each worker that is paid less than the prevailing rate for any work done under
the contract by the Contractor or by any Subcontractor.
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.
46
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.
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 contract 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.
47
ARTICLE XX
SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this 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 let other
contracts containing provisions similar to these.The Contractor will afford the other contractors who are
parties to such contracts (or the City, if the City is performing the additional work) reasonable
opportunity for the introduction and storage of materials and equipment and the execution of work, and
shall properly connect and coordinate the work with theirs.
C. If the performance of additional work by other contractors or the City is not noted in the
Contract Documents prior to the execution of the contract, written notice thereof shall be given to the
Contractor prior to starting any such addition work. If the Contractor believes that the performance of
such additional work by the City or others involves it in additional expense or entitles it to any extension
of the contract time the Contractor may make a claim thereof as provided in Article VII.
ARTICLE XXI
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords
reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas.
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.
48
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 contract.
Contractor shall promptly make such corrections as may be necessary be reason of such defects including
the repair of any other damages that were caused by defects in the work, at its own expense. The City
will give notice of observed defects with reasonable promptness. In the event that the Contractor fails
to make such repairs, adjustments or other work that may be necessary by such defects,the City may do
so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City,
delay would cause serious loss or damage, repairs and replacement of defects in the work and damage
caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay
the cost thereof. The Performance Bond shall remain in full force and effect through the warranty period.
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 construction 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.
49
ARTICLE XXVI
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with performance of the Work and shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss
to (1) employees and other persons at the Project site or who may be affected by the Work, (2)materials
and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other
property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways,
structures, and utilities not designated for removal, relocation, or replacement in the course of
construction.
B. Contractor shall give notices required by and comply strictly with applicable laws,
ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their
protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the
conditions and progress of the work, all necessary safeguards for safety and protections. The Contractor
will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor
will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by
the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone
whose acts any of them may be liable.
C. The Contractor shall exercise proper precaution at all times for the protection of persons
and property and shall be responsible for all damages to persons or property, either on or off the site,
which occur as a result of his 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.
50
F. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility for Contractor's safety program, may require Contractor to stop performance of the Work
or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective
measures, City may perform them or have them performed and deduct their cost from the Contract
Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a
change in the time for performance of the Work based on Contractor's compliance with City's reasonable
request.
ARTICLE XXVII
AUTHORIZED EMPLOYEES
Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer
from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to
perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in
violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for
employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its
employees are lawfully eligible to work in the United States.
ARTICLE XXVIII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers,
employees, or agents shall be deemed an employee or agent of City for any purpose.
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
PERFORMANCE AND PAYMENT BONDS
The Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the
City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount
at least equal to one hundred percent(100%) of the contract price, conditioned upon the performance by
the Contractor all undertakings,covenants,terms,conditions and agreements of the Contract Documents,
and upon the prompt payment by the Contractor to all persons supplying labor and materials in the
prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the
Contractor and a corporate bonding company licensed to transact such business in the state in which the
work is to be performed and named on the current list of"Surety Companies Acceptable on Federal
Bonds"as published in the Treasury Department Circular Number 570 and shall have a rating of at least
"A-" from Best's. The expense of these bonds shall be borne by the Contractor. If at any time a surety
on any such bond is declared a bankrupt or loses its right to do business the state in which the work is to
be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor
shall within ten (10)days after notice from the City to do so, substitute an acceptable bond(or bonds) in
51
such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The
premiums on such bond shall be paid by the Contractor. No further payment shall be deemed due nor
shall payment be made to Contractor until the new surety or sureties shall have furnished an acceptable
bond to the City.
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.
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 Contract shall
be deemed to be inserted herein and the contract 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 the contract 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.
52
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]
53
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives.
APPROVED AS TO FORM:
ATTORNEY:
By: cr\PLA'---1-)
Attorney, CV C o vr
COUNTERSIGNED BY:
CITY PURCHASING A ENT:
By:
Bri E. oral
Ci Adminis tor
CITY OF RIVERSIDE:
7
By: titikftWVO
Kathleen L. Rose, Mayor ATT T:
Robin Kincaid, City Clerk
CONTRACTOR:
7E.R.eey 5vELL,, CD/V5Ti2uGTialQ /NG
By:
(Si a re)
Printed Name: PRY 5N AJ�
Title: /9 Stdenf
ATTEST:
SECRETA , /lefl 4, vnellinQ
'- Name Printed) J
54
hr
HAAS&WILKERSON
I N S u R A N C F
August 23, 2022
The City of Riverside, Missouri
2950 NW Vivion Road
Riverside, MO 64150
RE: Terry Snelling Construction, Inc.
Bond No. 1022645
2022 Street Maintenance -Concrete
Gentlemen:
Please accept this letter as your authority to date the Performance Bond, Payment Bond,
and Power of Attorney the same date as the contract.
We would appreciate your forwarding us a copy of the dated bond so that we may
forward it to the surety company.
Should you have any questions, please do not hesitate to give us a call.
Sincerely, e /��(����
Luanne
Degler
I'
4300 Shawnee Mission Parkway • Fairway, Kansas 66205 • Phone 913.432.4400 • Fax 913.432.6159 • www.hwins.com
INSURING YOUR SUCCESS
•
MID-CONTINENT CASUALTY COMPANY
1437 SOUTH BOULDER,SUITE 200 •TULSA,OKLAHOMA 74119. 918-587-7221 • FAX 918-588-1253
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the MID-CONTINENT CASUALTY COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if
more than one is named,Its true and lawful attorney-In-fad,for it and in Its name,place and stead to execute on behalf of the said Company,as surety,
any and ad bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof. Brendan Banks,Stephanie
Beggs,Luanne K. Degler,Jerome E. Fallen,Tandra Stater and William R.Wilkerson, IV, all of FAIRWAY,KS
IN WITNESS WHEREOF,the MID-CONTINENT CASUALTY COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 20 day of July 2021
nthe.e
¢�t er n5
i SEALS'�
s •.•. ...,..••hi,8 MID-CONTINENT CASUALTY COMPANY
ATTEST: " , t
1r)
sistant Secretary TODD 8ALIITA + VICE PRESIDENT
On this 20day of July 2021 before me personalty appeared TODD BAZATA to me known,being
duly sworn,deposes and says that sTe resides In Broken Arrow,Oklahoma,that arhe is a Vice President of Mid-Continent Casualty Company,the
company described In and which executed the above instrument;that Mho knows the seal of the said Company;that the seal affixed to the said
instrument is such corporate seal;that it was so affixed by authority of henhis office under the By-Laws of said Company,and that she signed his name
thereto by like authority.
rtridtNir w0
A OA hirrs a Commissions 11008253
STATE OF OKLAHOMA d�k4 ls4 00 "t.y
COUNTY OF TULSA S9 ?' PU pas = My Cot'x•'eg 08-23
t son cc
%,OpN .td JULIE HAN Notary Public+nwreen
This Power of Attorney N granted by authority of the following resolutions adopted by the Board of Directors of MMContineM Casualty
Company by unanimous written consent dated September 25,2009.
RESOLVED: That the President,the Executive Vice President,the several Senior Vice Presidents and Vice Presidents or any one of them,
be and hereby Is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all
bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe Then respective duties and the respective
• limits of their authority;end to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of
suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed.
CERTIFICATION
I. SHARON HACKL Assistant Secretary of Mid-Continent Casualty Company,do hereby certify that the foregoing Power
of Attorney and the Resolutions of the Board of Directors of September 25,2009 have not been revoked and are now in full force and effect.
Signed and sealed the(day
1 Zat• oewoeal.At
OSEALF i"t ,w
SHARON HALAL Assistant Secretary
VOID IF BOX IS EMPTY
EXHIBIT A
PERFORMANCE BOND Bond No. 1022645
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT
between the CITY OF RIVERSIDE and CONTRACTOR, for construction of_2022 Street Maintenance
-Concrete (322-0221, dated Ai)(.t-t)S T 2.3 , 20 ,designated Ordinance/Resolution No.
2022-Oka , in every
particular, Terry Snelling Construction, Inc. [insert name of Company], as
Principal, and Mid-Continent Casualty Comoany [insert name of surety], as
Surety, hereby firmly bind themselves and their respective heirs, executors, administrators, successors,
and assigns,jointly and severally, unto the City of Riverside, Missouri, ("City") in the total aggregate
penal sum of Four Hundred Sixty Seven Thousand Twenty Five and 00/100 Dollars
(S 467,025.00 ) lawful money of the United States, by these presents:
THE CONDITION OF THIS OBLIGATION is such that in the event Principal shall faithfully
and properly complete the Work required by the Contract Documents described in the Agreement and
perform all of its duties, obligations, covenants, and conditions pursuant to the terms of the Contract
Documents during the original term thereof, and any extensions thereof which may be granted by the
City, including, without limitation, all warranty obligations and duties and if the Principal shall satisfy
all claims and demands incurred under such Agreement,and shall fully indemnify and hold harmless the
City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the City for all outlay and expense which the City may incur in making good any default,then
this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder
or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the Contract Documents or to the Work or to the specifications.
PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment to the
Agreement not increasing the Agreement price more than twenty percent(20%), so as to bind the Principal
and the Surety to the full and faithful performance of the Agreement as so amended.The term"Amendment",
55
wherever used in this bond,and whether referring to this bond or the Agreement,shall include any alteration,
addition,extension,or modification of any character whatsoever. ��//
The Performance Bond above is accepted by the City this 23 day of Au Q-U`j'T ,20 22.
Terry ma Const tion,Inc.
CONT R P CI AL
By:
(Signature)
Printed Name: envS. Sne .+g
Title: /U/E5Sti+f sl
I hereby certify that (I) I have authority to
execute this document on behalf of Surety; (2)
Surety has an A.M. Best rating of A-or better;
(3) Surety is named in the current list of
Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and
Acceptable Reinsuring Companies: as
published in Circular 570 (most current
revision)by the Financial Management Service,
Surety Bond Branch, U.S. Department of the
Treasury; and (4) Surety is duly licensed to
issue bonds in the State of Missouri and in the
jurisdiction in which the Project is located.
Mid-Continrnt Casualty Company
SURET L��// �/��By: Lt t.e-- V
( i ature)
Printed Name: Luanne K. Defiler
Title: Attorney-in-Fact
Note:
• Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT.
• If Contractor is a partnership, all partners must execute the Bond.
SURETY POWER OF ATTORNEY MUST BE ATTACHED
56
MID-CONTINENT CASUALTY COMPANY
1437 SOUTH BOULDER, SUITE 200 •TULSA,OKLAHOMA 74119-918-587-7221 • FAX 918588-1253
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the MID-CONTINENT CASUALTY COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,conebtute end appoint the person or persona named below,each Individually if
more than one is named,Its true end lawful attorney-in-fact,for it and In Its name,place and stead to execute on behalf of the said Company,as surety.
any and all bonds,undertakings and contracts of suretyship,or other written obligations In the nature thereof. Branden Banks,Stephanie
Beggs,Luanne K. Degler,Jerome E.Fallen,Tandra Stacer and William R.Wilkerson, IV, all of FAIRWAY,KS
IN WITNESS WHEREOF,the MIDCONTINENT CASUALTY COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 20 day of July , 2021
rnr.
rr,�t'o44s-
{ef.uKO°.i of
ii`SEACI°j
-, •, ,+ a MID-CONTINENT CASUALTY COMPANY
ATTEST'. -' Oar
`.
SI-A ON ststanntt crcretary TODDE TA� le
VICE PRESIDENT
On the 20day of July 2021 before me personally appeared TODD BAZATA ,to me known,being
duly sworn,deposes and says that she resides M Broken Arrow,Oklahoma,that s/he is a Vice President of MidCoralnent Casualty Company,the
company deauibed In and which executed the above Instrument;that s/he knows the seal of the said Company;that the seal affixed to the said
instrument is such corporate seal;that it was so affixed by authority of her/his office under the By-Laws of said Company,and that s/he signed he name
thereto by like authority.
iirIlna!a
x"'rGALLgy..y Canmiatanp 11008253
STATE OF OKLAHOMA v.."0 J;�V'1•Y
I SS as 12 Men My Co, Exp es —08-23
COUNTY OF TULSA Ku
240;:rE Jp0 JUUE iv .
HAN Notary Public
''fonh„,rdrii
This Power of Attorney is wanted by authority of the following resolutions adopted by the Board of Directors of MIdContinent Casualty
Company by unanimous written consent dated September 25,2009.
RESOLVED: That the President,the Executive Vice President,the several Senior Vice Presidents and Vice Presidents or any one of them,
be and hereby is authorized,from time to time,to appoint one or more Attorneysin-Fact to execute on behalf of the Company,as surety,any and all
bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective dudes and the respective
Omits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of
suretyship,or other written obligation In the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed.
CERTIFICATION
I, SHARON HACKL Assistant Secretary of Mid-Continent Casualty Company,do hereby certify that the foregoing Power
of Attorney and the Resolutions of the Board of Directors of September 25,2C09 have not been revoked and ere now in lull force and effect.
r Signed and sealed this day of ,_
'�+N.....A a __p er
e3 SEAL :g-x
�„% • :•'�yl'�: SHARON HALAL Assistant Secretary
°x;c„r
EXHIBIT B
PAYMENT BOND Bond No. 1022645
KNOW ALL PERSONS BY THESE PRESENTS: that Terry Snelling Construction, Inc.
a Corporation [insert corporation, partnership or individual],
hereinafter called Principal, and Mid-Continent Casualty Company [insert name of surety],
hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI
("City"), and unto all persons, firms and corporations who or which may furnish labor, or who furnish
materials to perform as described under the Agreement and Contract Documents more fully described
below and to their successors and assigns in the total aggregate penal sum of
Four Hundred Sixty Seven Thousand Twenty Five and 00/100 Dollars ($ 467.025.00
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS,the Principal entered into
a certain Agreement with the City, dated the 23R° day of /ft)(-l-t��( 202Z, for the
construction of 2022 Street Maintenance-Concrete (322-022)approved by Ordinance/Resolution No.
202Z-06( ;
NOW,THEREFORE,in the event Principal shall pay the prevailing hourly rate of wages for each
craft or type of worker required to execute the Work required by the Contract Documents described in
the Agreement in the locality as determined by the Department of Labor and Industrial Relations of
Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340
and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the
proper parties all amounts due for material, machinery, equipment and tools, consumed or used in
connection with the construction of such Work, and all insurance premiums, workers' compensation,
and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, Subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force
and effect, and the same may be sued on at the instance of any Subcontractor, material supplier, laborer,
mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for
any breach of the considerations hereof.
57
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to
the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect
its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work.
The Payment Bond above is accepted by the City this 23R day of Av&-uss ,20 Z2.
Terry SnellipPQ�nstmctio c.
CONTRACTt S P IPA
By: A
(Signature)
Printed Name: Y 5. c�n' 1 t _
Title: /9Esidinf
I hereby certify that (I) I have authority to
execute this document on behalf of Surety; (2)
Surety has an A.M. Best rating of A- or better;
(3) Surety is named in the current list of
Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and
Acceptable Reinsuring Companies: as published
in Circular 570 (most current revision) by the
Financial Management Service, Surety Bond
Branch,U.S.Department of the Treasury;and(4)
Surety is duly licensed to issue bonds in the State
of Missouri and in the jurisdiction in which the
Project is located.
Mid-Continent Casualty Company
SORET
By: /tom
(Signature)
Printed Name: Luanne K.Degler
Title: Attorney-in-Fact
Note:
• Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT
• If Contractor is a partnership, all partners must execute the Bond.
SURETY POWER OF ATTORNEY MUST BE ATTACHED
58
•
MID-CONTINENT CASUALTY COMPANY
1437 SOUTH BOULDER,SUITE 200•TULSA,OKLAHOMA 74119. 918587-7221 • FAX 918-588-1253
•
• POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the MID-CONTINENT CASUALTY COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or pereem named below,each individually if
more than one is named,Itstrue and lawful attorney-In-fact,fa k and in its name,place and stead to execute on behalf of the said Company,as surety,
any and all bonds,undertakings and contracts of suretyship,or other written obligations In the nature thereof. Brandon Banks,Stephanie
Beggs,Luanne K. Degler,Jerome E.Fallen,Tandra Stacer and William R.Wilkerson, IV, all of FAIRWAY, KS
IN WITNESS WHEREOF,the MID-CONTINENT CASUALTY COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 20 day of July • 2021
rn. ..
ae.
ZS AP
-SEAL;V.
- •.• ./s) MID-CONTINENT CASUALTY COMPANY
.. N
ATTEST: .///- -/
t�G/e_oz —ll 4I
SHARON H ICKL Assistant Secretary TODD B TA 1 VICE PRESIDENT
On this 20day of July 2021 before me personalty appeared TODD BAZATA to ma known,being
duly sworn,deposes and says that eRie resides in Broken Arrow,Oldahoma,that s/he is a Yoe President of Mid-Continent Casualty Company,the
company described in and which executed the above Instrument;that she knows the seal of the said Company;that the seal affixed to the said
instrument is such corporate seal;that it was so affixed by authority of henhis office under the By-Laws of said Company,and that elhe signed his name
thereto by like authority.
STATE OF OKLAHOMA OSLL4yny Commiasiontl 11008253
I cv. O Vi?
ss eJ My C., nE . ea; 0 —C8-23
COUNTY OF TULSA
te-.41:64e
G, v` JUUE ' •HAN Notary Public
This Power of Attorney is granted by authodty of the following resolutions adopted by the Board of Directors of Mid-Continent Casualty
Company by unanimous written consent dated September 25,2009.
RESOLVED: That the President,the Executive Vice President,the several Senior Vice Presidents and We Presidents or any one of them,
be and hereby Is authorized,from time to tine,to appoint one or more Attorneys-In-Fact to execute on behalf of the Company,as surety,any and all
bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective
limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of
suretyship,or other written obligation In the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually alibied.
CERTIFICATION
SHARON HACKL Assistant Secretary of Mid-Continent Casualty Company,do hereby certify that the foregoing Power
of Attorney and the Resolutions of the Board of Directors of September 25,2009 have not been revoked and are now in full force and effect
Signed and sealed this day of
• �tAei.. c
SZ pYO�t41e.
.Y:p +Pi Av
e8i SEAL r>1
_Qj•., , t SHARON HACKL Assistant Secretary
• •stal IF BOX IS EMPTY
EXHIBIT C
PREVAILING WAGE RATES
Special Wage Determination: Prevailing hourly rates of wages follow,as determined by the Division of
Labor Standards, Jefferson City, Missouri.
59
EXHIBIT D
Time for Completion
2022 Street Maintenance - Concrete (Project No. 322-022)
Date of Completion for Scope of Work Listed in Exhibit E: 10/28/2022
60
EXHIBIT E
SCOPE OF WORK for
2022 Street Maintenance - Concrete (Project No. 322-022)
Contractor shall perform the following Work as more fully set forth in the Contract Documents:
All Work necessary to construct the 2022 Street Maintenance-Concrete through the limits of the Project
as shown on and in accordance with the Technical Specifications and/or Drawings referred to in Exhibit
F to the Agreement. The Work in the Project shall include but is not limited to the items listed on the
Bid Form.
Contractor to provide all 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, ensuring that all power has been disconnected.
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 premium time/cost necessary to meet the schedule, including accelerated production
of submittals.
6. Include all surveying, layout and field engineering required for the performance of this work.
7. Provide digital photographs of the preconstruction, construction, and post construction site (see
Article IV Progress of Work/Submittals (F) for specifics)
8. Provide all weather provisions to meet the schedule set forth in the contract documents.
9. Provide clean up associated with the contractors work. Site is to remain free of debris during the
construction process.
10. Provide all traffic control as required throughout the construction process.
61
EXHIBIT E
SCOPE OF WORK—Project Locations
i ii A �r,qi
t.
,.....er pie - ,_ 1
JQ
NWWWood land't
ti ry od 71i
r • : 3q-
.t—.L A and Smes r t : '.
, ;..'k•"{
_g! obaccos op,, lj� .:-.,
amsey r oto s R r t" ,.* '
,v I at dealer . . E `.rY
. } 7. i
aster-Tech. - , ,' a
utomottve 'epai ` ,. `•i '" ,4) " .
�, r . 5; ; l
d J ^k
. �'•', Legend
81Bar mils ill.6Mi :q, fi3 r ,
1. � � " QiG Motors in
�+ 1_I'Riverrsside MO
,�„ Cr ..,er Sidewalk
1 SimplyyGreen # ".- 17 f-.-
' Sprinklers QSalad Shcp r -",
�_ s3.Td Trail
lc-
• Curb
Riverside Dr NW Rrversi."Dr airlialTkirbC17
Palisades;Dr
itmatte Rd . • -. i
reclalists •'S"`S l:, +'
v.,, .'�fi
oke_,�4 Less r '.4! {�,. 's
• tobacco hop i• t r z L+s
n r r
*1Rij ,
t �,a4
��44 a
Infero'b_
62
EXHIBIT E
SCOPE OF WORK— Project Locations
wear Concept , ` '
€IotAIH—Store ,
*` vl NNIs
ar �
(Z Draily Con t ueti o ' /Yn
La rys Nurse "--..
t tmursery
y' / '
{
Legend
. -' — fE ..... tnletics
•caseball�rainin..�4.Rat
-a ,ARC South 1., >C Performance
: . 1 S ide waIk4
.
Trail
lattalialff6 Curb
1 t ° Ut 4 t 0
'111
- ',I'qr.f-Ii.o 1
L-Z .1-rj4—if, temporanlries-_.IL.�Y Hof .:} = `i. )'-5
p
mi.Vendin•'‘ -i—Nrr:.-'i. - - �,
n-DaVOGib" 1 i1
K`•idne (d�,/ Crossroads(cam
.i• otectio-, ;i.'} •
EXHIBIT E
SCOPE OF WORK—Project Locations
az:F':1, agb .`� Nv12?sr ymet. Ntv s2sr
n c \
r
!i " Legend
• �J " a 4s t�7' Z
at a Sidewalk
F a �� Trail
'onald Boots Drywall . . - '...!t- - # � .. 1 r
ir
. �.y� ,.• a�, � , Curb
ass Sprinklers . -
1 14 . _ 1 a t
4 ,...0....-1.., Or il
1 5 (�
'fit_ r. ,,;.: .T-,t,.,..,.,f...,1/4 4'..to.'f b ; .,�: y grog
,• " ry it „'a
.4 a :".
"r .i0.C` - Y, ply,
kI i Y i .a i h - „may
r ir' f • s it:1 3 .. %,
ry A
EXHIBIT E
SCOPE OF WORK—Project Locations
E
1,.-,,t.-..•--(: v"Ii)t,..,
Y .,.._...
. .-i-L;,,,,
- legend
.,...:.-.,,',i,f.,.... • ..,. e•.
..-.-\•,.,,•.•-6.
Mont Sidewalk
•„
..‘,,....-••
-.„i,.i,Ie,:.t.
;�. mTrail
/ j'` \; g - Curb
` t Army '
t •
`fie aka
% ¢`tea , ` �,.
•
„1.4e-\\aC3 \\11� .y-
4ily . .. .
t
EXHIBIT F
TECHNICAL SPECIFICATIONS
2022 Street Maintenance - Concrete (Project No. 322-022)
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
01732 DEMOLITION
Division 2—Site Work
Section Description
02230 CLEARING AND GRUBBING
02300 EARTHWORK
02350 EROSION AND SEDIMENT CONTROL
02520 PORTLAND CEMENT CONCRETE PAVING
02820 SEEDING
ADDENDA:
No. Date
66
EXHIBIT G
CITY OF
RIVERS
MISSOURI
Upstream from ordinary.
NOTICE TO PROCEED
DATE: August j,2022
PROJECT: 2022 Street Maintenance-Concrete
PROJECT NO.: 322-022
ORD/RESO: 7 022-68(O (approved August 2, 2022)
TO: Contractor: Terry Snelling Construction, Inc.
(address) 20004 E Yocum Rd
Independence, MO 64058 ,
You are hereby notified to commence work`IM`on or after the 31�day of A JGv1ST , 2022 in
�
accordance with the Agreement dated n Vut V S( 2.31 9o22_
The date of substantial completion is 10/28/2022. The project shall be completed and ready for final
payment by 11/09/22.
CITY UE-RIVF !Slur ((Tyr)
BY: \ ��t� (_
Br':n E. Koral, Car nistrator
Receipt of the above NOTICE TO PROCEED is hereby acknowledged
BY:
(Signature) (Printed)
(Title) (Company)
this the day of ,20 .
67
EXHIBIT H
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(u�riversidemo.gov or by calling 816-372-9028)
CITY OF PAY APPLICATION NO.
RIVERS!ERS! Date Prepared:
NISsouRI Project No.
•
•
-
•
•
City of Riverside Page Number:1 of
2950 NW Vivion Road Project Name B of Pgs Attached:
•
Riverside Missouri,64150
A Original Contract Amount: F Value of Work to Date: $ 7 ihom schedule elvalus:relal ofAmtcomPictdm eats) •
B Net change by Change Orders: G Value of Completed to Date: $ - (=F+D)
C Present Contract Amount(Line 1+/-Line 2) $ -
D Value of Stored Materials to Date: $ - H Net Amount:,$ - (=6-E) •
•
Percent Retainage: $ - I Less Previous Payments: $ - Baal olall previous payapps/pymcs)
Amount Due this Application: $ -
K Balance to Finish Project,Including Retainage $ - (=C-I-J)
•
%Project Complete to Date f1DIV/O1;
• •
CONTRACTOR'S Certification for payment
The undersigned CONTRACTOR certi1es that(1)all previous ON_SITE PROJECT Manager:.
progress payments received horn OWNER.on account of Work Construction Manager:
done under the Contract referred to above.have been applied to
discharge In full all obligations of CONTRACTOR incurred in ENGINEER'S Certification for Payment Name Printed:
connection wed Work covered by cunent and poor Applications In accordance wah me Contract Documents,based on on-site
ror payments;_(?)title-to tille-to all Work.materials and equipment obsenvabons and the data comprising Ibis application,the Sinned:
Incorporated in said Work or otherwise(sled in or covered by this Engineer certifies to the Omer that to the test of me
Apptcation for Payment o10 pass to Owner at time of payment Engineer's ImoMedge,Information and belie(the Work has Date:
free and clear of as(lens.claims,security interest and progressed as Indicated.the quality of the Work Is In
encumbrances(except such as are covered by Bond acceptable accordance with the Contract Documents.and the •
•
to OWNER Indemnitymg OWNER against any such Iten,claim. Contractor is entitled to payment of the AMOUNT
securty Interest or encumbrance):and(3)all Work covered by CERTIFIED S
wits Apptkaron for Payment is In accordance with the Contract CITY OF RIVERSIDE,MO
Documents
Engineer: City Engineer:
Conctractor: Name Printed:, Travis Hoover SIgned Date
•
Name Pooled: •
- - - -
_ Signed: City Administrator.
Signed: Date Brian Karol Signed Dare
Dale: •
Phone No. Address:.
Address:
•
68
•
EXHIBIT I
CHANGE ORDER
(Contact Capital Projects and Parks Manager,Noel Bennion with the City of Riverside for an
electronic version nbennion(a,riversidemo.gov or by calling 816-372-9028)
CITY Of CHANGE ORDER NO. Date Prepared:-
RIVERS
MISSOURI Contractor Name:.
- .. _
Project Name: . _ . _
. ._ Page Number.1 0(
Project Number. _..__-_ __ ___._ - .._._ _,
_ .... a of pigs Attached_
Contract Date::.. ' _The following changes to the original contract amount were required to cover cost incurred _ ___ _ _
Project Location:jRiverside,Missouri by the Contractor or to reflect savings realized by the Contractor as a result of a change in •
the actual constructed quantities from the estimated quantities shown on the Bid Proposal. . -
: REQUIRED CHANGES IN PRESENT CONTRACT ,
Contract or Contractor Contrail or hem Descriprlon 6 Reason for Change Order(Please describe item below and then follow with reason for New or New or New or
Line Item No. Previous Previous Previous Unit Change Order)-I)Requested by City 2)Unknown Site Condtions 3)Not incorporated in plans/sped Adjusted Adjusted Adjusted
Quantity Unit Price Amount Quantity Unit Price Amount
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
S0.00 $0.00
$0.00 S0.00
$0.00 $0.00
Previous Total $0.00
__ _ _ Adjusted Total 40.00
.I --_.. .. .. . .. .. _ _. -._ .- - _ _ -_. -.. _ _.. - - .. _ _. ._ _----__.- - cltm $0.00
,
;Net Change
=_.. _.. - Statement of Contract ••
- __
Original Contract Amount S0.00
'Net Amount of Previous Additions and Deductions • 50.00 i
Net Contract Amount Prior to This Request $0.00
_____ _ -_-Amount of This Request__ $0.00
New Contract Amount 50.00 _
_._ i Percent Change in Contract Amount #DNIO(
•
DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI:
c. mo = — City Engineer:•
Na ePhore3' Travis Hoover Signed Date -
Signed •
_ City Administrator'__.
��:! Brian Korali go !Date S' ed
;CONTRACTOR____ 1 .._. ON SITE PROJECT MANAGER: • -_._- .__ :.... . .- _--_-. _.-_
CONTRACTOR'S Certificailon for Change Order . ON S PROJECT MANAGER Certification for Change Order
The undersigned CONTRACTOR certifies that an changes - - ^� ---c ITE -he e-� ---�-m accordance weN the Contract Documents,the observations,and
descried above are necessary in order for the CONTRACTOR to 'the data comprsng this change order,the on-see project manager certifies
proceed rah execution of the contract documents,and Nat the ;m me Owner that to no best of the nsde project manager's know/edge, :
vaktes slated above are correct win respell to the ark _ ,ittformation and hoist the above referenced changes ssa7 n o de to,_
enhegeted under this changeorder. ._ -_- -. .. proceed. ih the execution of tha contract documents& that ine values
er
-
steted above are nomol weh respect to the work pr a --- --- - _------ —----------...._ _ .. ._.• bcpeted under the change order.
. ._ . .
Name Pined Name Printed
Sgne3 __- ___.__. _.__ .Dk1 .
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sem
69
CITY OF EXHIBIT J
RIVERS! Certificate of Substantial Completion
MISSOURI
(to be completed after substantial completion of the project)
Project Name: 2022 Street Maintenance - Concrete Project#: 322-022
Owner of Project: City of Riverside
This [tentative] [definite] Certificate of Substantial Completion applies to:
❑ All Work under the Contract Documents: 0 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 Owner,
Contractor, and 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 Owner 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
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
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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 Owner (Print& Sign) Date
71
EXHIBIT K
AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
(to be completed at conclusion of project)
I, , upon being duly sworn upon my oath state that:
(1) I am the of ;
(2)all requirements of Section 290.210 to 290.340. RSMo,pertaining to the payment of wages to workers
employed on public works projects have been fully satisfied with regard to this Contractor's work on 2022 Street
Maintenance-Concrete (Project No.322-022);
(3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules
established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards;
(4) based upon my knowledge of these rules, including all occupational titles set out in the applicable
regulations, I have completed full and accurate records clearly indicating:
(a)the names,occupations,and crafts of every worker employed by this Company in connection with this
Project together with an accurate record of the number of hours worked by each worker and the actual
wages paid for each class or type of work performed,
(b)the payroll deductions that have been made for each worker, and
(c)the amounts paid to provide fringe benefits, if any,for each worker;
(5)the amounts paid to provide fringe benefits,if any,were irrevocable paid to a trustee or to a third party
pursuant to a fund, plan, or program on behalf of the workers;
(6)these payroll records are kept and have been provided for inspection to the authorized representative
of the City of Riverside and will be available,as often as may be necessary,to such City and such other regulatory
agencies as may be deemed necessary;
(7)such records shall not be destroyed or removed from the State of Missouri for one(1)year following
the completion of Contractor's work on this Project;
(8)when in effect,the requirements of Sections 290.550 through 290.580 RSMo. Pertaining to excessive
unemployment were fully satisfied;and
(9)there has been no exception to the full and complete compliance with the provisions and requirements
of the wage orders applicable to the Agreement and Contract Documents.
The matters stated herein are true to the best of my information, knowledge, and belief. I acknowledge
that the falsification of any information set out herein may subject me to criminal prosecution.
Contractor Signature
Printed Name
Subscribed and sworn to me this day of ,20
Notary Public
My Commission expires:
72
EXHIBIT L
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 tenor 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 sen ices 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: Tam ' i-"'cr-'-wNc.
Title: / rest r
EXHIBIT M
CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT •
(to be completed at conclusion of project)
2022 Street Maintenance - Concrete (Project No. 322-022)
STATE OF )
) SS:
COUNTY OF )
The Undersigned, of lawful age,being first duly sworn,states under oath
as follows:
1. I am the of who is the
general CONTRACTOR on the above referenced project.
2. All payrolls,material bills,use of equipment and other indebtedness connected with the Work for this Project have
been paid and all Claims of whatever nature have been satisfied,as required by the Contract.
3. (_-) Prevailing wage does not apply;or
(_) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340,
Missouri Revised Statutes,pertaining to the payment of wages to workmen employed on public works projects
have been fully satisfied and there has been no exception to the full and complete compliance with these
provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract
and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required
in the Contract and has attached affidavits from all Subcontractors on this Project,regardless of tier,affirming
compliance with the prevailing wage law as stipulated in the Contract.
4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection
with the Contract.
5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside,
Missouri,the certification of completion of the Project and receiving payment therefore.
CONTRACTOR
By
Title
On this day of , 20 before me appeared
, to me personally known to be the
of , and who
executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of
as its free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first
above written.
My commission expires: Notary Public
74
EXHIBIT N
SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
(to be completed at conclusion of project)
2022 Street Maintenance - Concrete (Project No. 322-022)
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:$
2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law 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.
( )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)
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EXHIBIT
ENGINEER/CONSULTANT'S CERTIFICATION
For Acceptance and Final Payment
(to be completed at conclusion of project)
City of Riverside, Missouri
Project Name: 2022 Street Maintenance - Concrete
Project No: 322-022
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
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DIVISION 1 - GENERAL REQUIREMENTS
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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,he 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 his operations and he shall
replace, at his 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. 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.
H. Blasting: No blasting will be allowed on this project.
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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 City Engineer 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 City Engineer 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.
I. 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 II (APWA Standard Specifications) available at the following website:
http://kcmetro.apwa.net/chapters/kcmetro/specifications.asp.
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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.apwa.net/chapters/kcmetro/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 Itemized Proposal 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 Itemized Proposal
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 Itemized Proposal. 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 Itemized Proposal.
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 Itemized Proposal.
D. If item does not appear in the Itemized Proposal, or if said item is a part of another item listed in
the Itemized Proposal, it will not be measured for payment.
E. Whenever in the Itemized Proposal 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:
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1. Final authorized quantity of each item in the Itemized Proposal multiplied by the
contract unit price therefore.
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 him, 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, his 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.
5. Scheduled percentage of completion at the end of each calendar month.
6. Scheduled percentage complete for each phase at the end of each calendar month.
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.
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D. Payment: No direct payment shall be made.
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.
B. Submittals: The following is a list of submittals required:
1.1 Aggregate (other than those used in pavements or structures)
A.Gradation Test Results
B.Soundness Test Results
1.2 Fill Material
A. Source for Material
B. Moisture-Density Relationships •
1.3 Concrete Mix Design (For Each Mix used on the Project)
A. Source of Materials
B. Concrete Manufacturer's Name
C. Testing Laboratory Name
D. Results of the Mix Design
1) Compressive Strength
2) Air Content
3) Slump
4) Cement Content
5) Water Content
6) Fine Aggregate
a) Gradation Test Results
b) Soundness Test Results
7) Coarse Aggregate
a) Gradation Test Results
b) Soundness Test Results
8) Additives as called for in plans or specifications
9) Certification of Reinforcing Steel
10) Certification of Fly Ash (if used)
• 82
1.4 Asphalt Mix Designs (for each mix used on the project)
A. Source of Materials
B. Asphalt Manufacturer's Name
C. Testing Laboratory Name
D. Results of the Mix Design
1. Marshall Characteristics, including all those items listed under APWA
Section 2205.3.D (If a SuperGyratory Compactor is used to prepare the
asphalt samples, the Marshall flow and stability measurements will be
waived however the alternate test values listed in the second paragraph
of APWA Section 2205.3.D will be required to be submitted).
2. Asphalt Cement Content
3. Fine Aggregate
a) Gradation Test Results
b) Soundness Test Results
4. Coarse Aggregate
a) Gradation Test Results
b) Soundness Test Results
1.5 Soil-Fly Ash Mixture
A. Fly ash material
B. For soil-fly ash mixture (with specified % of fly ash) for each different type of soil
anticipated to be used in the pavement subgrade stabilization:
C. ASTM D558 modified to a 2 hour delay. At each moisture content, strength testing
(ASTM D 1633) modified to curing sealed for 7 days at 100 degrees (F) shall be
performed.
1.6 Storm Sewer
A. Piping
1. Certification of Piping and Fittings
2. Structures
a) Precast Shop Drawings
b) Catalogue Cuts on Metal Castings
1.7 Pavement Marking Materials
A. Certification that all materials used are in compliance with specifications included
herein
1.8 Silt Fence
A. Manufacturer's information showing compliance with KCAPWA.
1.9 Utility Conduits
A. Certification that all materials used are in compliance with specifications included
herein.
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 APWA Standard Specifications.
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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,
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.
01732 DEMOLITION
A. General: This item includes, but is not limited to,the removal and disposal of landscaping items,
signs, fences, pipes, existing storm sewers, end sections and appurtenances, and all other items
designated for removal in the plans or as directed by the City Engineer. All items that are inside
the construction limits, including those not listed or shown on the plans, shall be included in this
item. Demolition shall be done in accordance with Section 2101 of the APWA Standard
Specifications.
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1. Sawcut Existing Pavement Full Depth: Where portions of the existing pavement are to
be removed, the existing pavement shall be cut with a concrete saw to full depth. If the
remaining pavement is chipped or cracked during sawing and removal, it shall be re-
sawed behind the limits of the chip or crack. No additional payment will be made for the
replacement of pavement damaged during construction other than that shown on the
plans.
B. Workmanship: All removals, except for suitably sized broken pavement, shall be properly
discarded off the project limits and shall not be re-used or used as an embankment material within
the project limits.
C. Payment: No direct payment shall be made.
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DIVISION 2 - SITEWORK
86
02230 CLEARING AND GRUBBING
A. General: Clearing and grubbing shall be done in accordance with Section 2101 of the APWA
Standard Specifications.
B. Payment: No direct payment will be made.
02300 EARTHWORK
A. General: Grading shall be in accordance with Section 2100 of the APWA Standard
Specifications. Subgrade preparation shall be in accordance with Section 2201 of the APWA
Standard Specifications, except as otherwise specified herein.
a. Embankment: Embankment shall include the placing and compacting of all materials
necessary to construct the improvements as shown on the plans.
i. Upon completion of stripping, but prior to placing new fill, the exposed grade in fill
areas shall be broken up by plowing or scarifying to a minimum depth of 6 inches and
recompacted as specified. All embankment fill shall be compacted to a density of at
least ninety-five percent (95%) of the maximum density for material used as
determined by ASTM Designation D-698. The top one-foot of embankment as well
as the embankment surrounding utilities shall contain no rock larger than 3 inches.
ii. The area in the plans designated as "compacted fill" shall be graded and compacted
to 95% maximum density to the elevation of two feet above the top of pipe prior to
excavating for the pipe installation.
b. Over-excavation and Placement of Backfill: At the direction of the Owner, excavation of
unsuitable subgrade material and placement of suitable fill material may be employed.
Overexcavation and placement of backfill will include the removal of all unsuitable material
beyond the excavation limits as shown on the plans, placement of backfill material and
compaction of backfill per the above listed Embankment specifications.
B. Payment: No direct payment will be made.
02350 EROSION AND SEDIMENT CONTROL
A. General: Erosion and sediment control shall be in accordance with APWA 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.
B. Payment: No direct payment will be made.
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02520 - PORTLAND CEMENT CONCRETE PAVING
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Concrete curb and gutter, flatwork and driveways.
1.2 UNIT PRICE- MEASUREMENT AND PAYMENT
A. Concrete Curb and Gutter:
1. Basis of Measurement: By the lineal foot.
2. Basis of Payment: Includes all labor,equipment and materials necessary for mix design,
supplying to site, testing, forming, placement, curing, protection, joint sealing and
backfilling.
B. Concrete Flatwork:
1. Basis of Measurement: By the square foot.
2. Basis of Payment: Includes all labor, equipment and materials necessary for mix design,
supplying to the site, testing, forming, placement, curing, protection, joint sealing and
backfilling.
1.3 MIX DESIGN
A. The material shall be in accordance with the Kansas City Metro Materials Board,
KCMMB4K design mix.
1.4 REFERENCES
A. Division II, Construction and Materials Specifications for Paving, Section 2200, and Incidental
Construction, Section 2300, Kansas City Metropolitan Chapter of the American Public Works
Association Standard Specifications approved and adopted the 15th day of February, 2017
together with all additions, deletions and changes prescribed by the City of Riverside, Missouri,
one copy of which shall be kept on site at all times.
1.5 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.
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B. Perform work in accordance with APWA 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. Verify that subgrade is compacted as specified in Section 02300, Earthwork and ready to
support paving and imposed loads. City Engineer shall approve all subgrade.
2.2 PREPARATION
A. Moisten base to minimize absorption of water from fresh concrete.
B. Verify that manholes, inlets or any other structures have been brought to the proper elevation,
grade and alignment prior to placing concrete. Coat surfaces of manholes, curb inlets, existing
structures and frames with oil to prevent bonding with concrete.
C. Notify City a minimum 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 see all disturbed areas in accordance with APWA Standard
Specifications Section 24101.
B. Payment: No direct payment will be made.
89
Clients: 1837 TERRYSNE
ACORD... CERTIFICATE OF LIABILITY INSURANCE DATEBALIDDNYTO
9/02n022
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:N the certificate holder is an ADDITIONAL INSURED,the policy(ias)must have ADDITIONAL INSURED provisions or be endorsed.
N 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 any rights to the certificate holder In lieu of such endonemsnt(s).
PRODUCER NA CT Donna McLaughlin,AIRS CPCU
Haas&Wilkerson Insurance "x :913 676 9250 'iuL,No 913.032.6159
4300 Shawnee Mission Parkway ADDRESS: stephanie.beggs@hwlns.com
Fairway,KS 66205 INSURERS)REFORMS COVERAGE NAC0
9134324400 INSURER A:BITCO National Insurance Company 20109
INSURED INSURER a:BITCO General Insurance Corporation 20095
Terry Snelling Construction,Inc INSURER c, 'threatM Builders'Casualty Mutual Co 13126
20004E Yocum Rd --_._ --
INSURERD:
Independence,MO 64058
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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. NOTWITHSTANOING 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 AODL SUER POLICY E➢F PDIAEat))
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER PasocerrOBPau Liana
A :oeYERclueasFRAL LIABILITY CLP3720748 08n3n022 06n3/2023 EACH OCCURRENCE s1,000,000
_ CWMBMAOE X OCCUR MEWfipmxnrvel
$100,000
X PD Ded:500 MED EXP(Any one parson) $5,000
PERSONAL AADV INJURY I f1,000,000
GENT AGGREGATE LIMIT APPLIES PER I I GENERAL AGGREGATE i$2,000,000
LOC f_
PRO-
POLICY _.__ 'PRODUCTS-COMP/OP AGG $2,000,000
RO-PIXILV� P _
OTHER- '..s
g AUTOMOBILE UABILm CAP3720749 18/23/2022 08/23/2023 faMBI IswcAE LIMIT E1,000,000
X ANY AUTO BODILY INJURY(Po,parson) If
OWNED SCHEDULED 'BODILY INJURY(Pm occident)
AUTOS ONLY AUTOS I I
XHALED_ NON-OWNNON-OWNED .PROPERTY DAMAGE y
AOrns ONLY % AUTOS ONLY .Pe'accident)
_____ ___ ',s
B UMBRELLA LAB OCCUR CUP2822789 08/23/2022 08)2312023 EACH OCCURRENCE I s5,000,000
X EXCESS LW X CLAIMS-MADE "AGGREGAI£ S9,000,000
STATUTE
9FFICEOTEETORIPTNERJE FYJ N/A L-PER O1H f
DED % RETENTION S10,000 _
c `Y4AEMPL EMPLOYERS' WC100000230+2022A OBYL3n022 08/2312023 X
AND EYPLOYERB LIABILITY
ANY CERI&MBER EXCLUDED?R XCLUDED%ECUTNE EL EACH ACCIDENT 'f+,000,000
(Mandatory In NH) EL.DISEASE-FA EMPLOYEE.f1,000,000
raps devoteunder
QFO
CESC RIFTION OF OPERATIONS below _ EL.DISEASE.POLICY LIMIT s1,000,000
A Leased/Rented CLP3720748 08n312022I'08123/2023 175,000
Equipment ''I
DESCRIPTION OF OPERATIONS/LOCATCNS I VEHICLES PCORD Ill,A W Ronel Rs are Schedule may e a W eM N men grace b,pule)
2022 Street Maintenance-Concrete(322-022)
Umbrella policy sits excess of the General Liability,Auto Liability and Employers Liability
City of Riverside is included as an additional Insured respects General Liability,Auto Liability and
Umbrella where required by written contract.
CERTIFICATE HOLDER CANCELLATION
City of Riverside THE
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
TIE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2950 NW VIVion Rd ACCORDANCE WITH THE POUCY PROVISIONS.
Riverside,MO 64150
AUTHORIZED REPRESENTATIVE
411.•4
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