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Home My WebLink AboutR-2023-016 Awarding the Bid for Construction at 41st and Horizons IntersectionRESOLUTION NO. R-2023-016 A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE HORIZONS AND 41ST INTERSECTION IMPROVEMENTS AND APPROVING THE AGREEMENT BETWEEN THE CITY AND GUNTER CONSTRUCTION COMPANY FOR CONSTRUCTION OF SUCH PROJECT WHEREAS, the Cityissued a request forbids for the construction of Horizons and 41st Intersection Improvements (No. 620-228) ("Project"); and WHEREAS, the City received six (6) responses to its request for bid and the proposal submitted by Gunter Construction Company ("Gunter") in the amount of $489,989.80 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 Gunter 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 Gunterfor the construction of the Project in the amount of $489,989.80 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Gunter 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 of the City of Riverside Missouri the 7th day of February 2023. Kat een L. Rose, Mayor TT A, Robin 'Kincaid, ily Clerk PROJECT MANUAL HORIZONS AND 41ST INTERSECTION IMPROVEMENTS PROJECT NO: 620-228 The City of Riverside, Missouri December 22, 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 QUESTIONAIRE AFFIDAVIT for WORK UTHORIZ4 TION 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 EXHIBITK 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 SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT O ENGINEER/CONSULT. CERT. for Acceptance & Final Payment DIVISION 1- SPECIFICATIONS PROTECT SPFCIAi. PROVISIONS Section Description 1 GENERAL REQUIREMENTS 2 SAWING 3 CLEARING AND GRUBBING 4 DEMOLITION AND REMOVAL 5 UNCLASSIFIED EXCAVATION 6 COMPACTION OF EARTHWORK 7 RTLAND CEMENT CONCRETE BASE 8 DEWALK RAMPS &DETECTABLE WARNING SURFACES 9 AFFIC SIGNAL INSTALLATION (HORIZONS PKWY AND NW 41st St) 10 REET LIGHTING RELOCATIONS I I [ERMANENTSIGNING INSTALLATION 12 MOVING EXISTING SIGNS 13 MPORARY TRAFFIC CONTROL 14 NDSCAPING 15 DDING 16 AWN SPRINKLER SYSTEM (MODIFICATION OF EXISTING SYSTEMS) 17 MOVE, STOCKPILE, AND REINSTALL MONUMENT SIGN 18 rONTPACTOR CONSTRUCTION STAKING DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS CITY OF RIVERSIDE, MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (620- 228) will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 A.M., on Thursday, January 26, 2023. and then publicly opened and read aloud at Riverside City Hall. The Information for Bidders, Form of Bid, Agreement, Plans, 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 be obtained at the office of Drexel Technologies, Inc. Planroom, located at 10840 W. 86th Street, Lenexa, KS. 66214, (913) 371-4430. Such documents will be at the contractor's expense. Such fee shall be non-refundable. Contract documents can also be viewed or downloaded at(httos://nlanroom.drexeltech.coml. The Information for bidders and advertisement can be viewed on the City of Riverside's website httr)s://www.rivemidemo.gov/business/bids rfos oho. The City reserves the right to waive any informality or to reject any or all bids. Dated: December 22, 2022 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 HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228) 1. Receipt and Ovenine 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 January 26, 2023, 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 most be sealed, clearly marked on the outside of the envelope "HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228)" 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 Meetin 3. Refection of all Bids. If the City rejects all Bids, the City may: (1) m-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 most be submitted on the prescribed forms) 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 most be filled in, in ink or typewritten, and the foregoing Certifications must be fully completed and executed when submitted. On alternate items for which a bid is not submitted, a written indication of"no bid" on the bid form is required. No oral, electronic, facsimile or telephonic bids or alterations will be considered. A complete set of the bidding documents are on file for examination at the office of the City Engineer at Riverside City Hall. A copy of the bidding documents may be obtained from Drexel Technologies, Inc. Planroom h(_ptt sWrilammom.drexeltech.com), located at 10840 W. 86th Street, Lenexa, KS. 66214, (913) 371-4430, upon payment of a non-refundable sum for each complete set. An additional charge may apply for mailing of bidding documents. CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 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 most be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature. Bids by a partnership most 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: Design Engineer: Olsson, James Gallagher; igallaahereolsson.com with a copy to: Resident Project Representative, City of Riverside: Travis Hoover: thoovenaiiversidemo.gov and to be given consideration must be received by Spin on January 19a, 2023. 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 provided at the Drexel Technologies, Inc. Planroom hlt s://olanroom.drexeltech.wm), not later than thee (3) calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has considered all written addenda. No one is authorized to make any clarifications, interpretations or modifications or give any instructions to the hidden during the bidding period except as described in this Section. 6. Substitute Material and Eauipment The contract, ifawarded, will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possible substitute of "or - equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the "effective date of the Agreement'. 7. Subcontracts. As part of the experience questionnaire, the bidder shall submit to the City with the Bid a list of all proposed subcontractors to be used on the project. The list shall indicate those portions of the work each subcontractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate which materials each supplier is famishing. The Bidder most 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 he performed on the project by Contractor under the Agreement. g. Oualifications 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 most 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 ofviolations 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 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 91 ` 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 06/30/2023. 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 famish all material and labor necessary to carry out the provisions of the contract. Insofar as possible the Contractor, in carrying out the work, most 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 in be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of fonds 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. 9 Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination and in any order or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternatesselected. 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 sale 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 an way relieve any bidder from any obligation in respect to the bid submitted. On request, City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid. 16. Federal Work Authorization Proeram Participation. Bidders are informed that pursuant to Section 295.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the successful bidder shall, by swom 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 commuted 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. 10 18. Safety Standards and Accident Prevention. With respect to all work performed under this contract, the Contractor shall: a. Comply with the safety standards provisions of applicable laws, building and construction codes, and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Section 292.675, RSMo b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. c. Maintain at Contractor's office or other well known place at thejob 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. Pr n,u line W a¢e. 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 Emplovers. Pursuant in 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: t) 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 me 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. 11 25. Non Discrimination and Eaual Opportunity. Contractor shall ensure that all employees are treated equally without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby notifies all bidders that socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority, women and disadvantaged contractors to submit bids. 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 retire 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. Shmine 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. 12 BID FOR UNIT PRICE To: City of Riverside, Missouri Project: HORIZONS AND 41ST INTERSECTION IMPROVEMENTS Project No. 620-228 Date 01/26/23 Proposal of Gunter Construction Company (hereinafter called "Bidder") a corporation/paMership/individual/or other entity organized and existing under the laws of the State of Kansas a corporation/parinership/ or individual doing business as Gunter Construction Company To the City of Riverside, Missouri (hereinafter called "City") To Whom It May Concem: The Bidder, in compliance with your invitation forbids 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 apart. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the City and to fully complete the project by 06/30/2023 as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter that the project is not complete, as provided in the Contract Documents. Bidder agrees that the am of $500 per day is a fair and reasonable approximation of the actual damages incurred by the City forthe Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Bidder acknowledges receipt of the following addendurn(s): Bidder agrees to perform all of the project work described in the scope of work, for the unit prices contained in the attached Bid for Unit Price attached hereto. The total bid amount is: ($ 9$�s41 a del . g6 13 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 5% of Total Bid Dollars (1i 5% of Total Bid ) is to become the property of the City in the event the Agmement and all Contract Documents, 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 submitted: (SEAL - if bid is by a corporation) By Name: Gyhrisintina Gunter Title: President Street: 520 Division Street City, State, zip: Kansas City, KS 66103 Phone: 913.362.7844 BID FORM BID FOR UNIT PRICE CONTRACTS (Pricing) CONTRACTOR: Gunter Construction Company HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (620-228) ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST $ COST $ 1 CLEARING AND GRUBBING LS 1 $ 14,510.00 $ 14,510.00 2 DEMOLITION AND REMOVAL LS 1 $ 28,000.00 $ 28,000.00 3 UNCLASSIFIED EXCAVATION CY 142 $ 60.00 $ 8,520.00 4 COMPACTION OF EARTHWORK CY 15 $ 100.00 $ 1,500.00 5 SILT FENCE LF 732 $ 1.00 $ 732.00 6 BIODEGRADABLE LOGS LF 161 $ 4.00 $ 644.00 7 INLET PROTECTION EACH 2 $ 75.00 $ 150.00 8 ASPHALTIC CONCRETE SURFACE COURSE (TYPE TONS 40.5 $ 260.00 $ 10,530.00 9 ASPHALTIC CONCRETE BASE COURSE (TYPE 5-01 TONS 183.5 $ 142.00 $ 26,057.00 10 TACK COAT GAL 37.0 $ 24.00 $ 888.00 11 PORTLAND CEMENT CONCRETE BASE IT) SY 5.1 $ 158.001 $ 805.80 12 ITYPE C-1 CURB (KCMM84K) LF 242 $ 90.00 $ 21,780.00 13 TYPE CG-1 CURB & GUTTER (KCMMB4K) LF 44 $ 90.D0 $ 3,960.00 14 SIDEWALK (4") (KCMM84K) SF 117 $ 25.00 $ 2,925.00 15 SIDEWALK (6")(KCMM84K) SF 935 $ 20.00 $ 18,700.00 16 SIDEWALK RAMPS (611) (KCMM84K) SF 204 $ 28.00 $ 5,712.00 J LS 17 DETECTABLE WARNING SURFACE SF 40 $ 16.00 $ 640.00 18 TRAFFIC SIGNAL INSTALLATION (HORIZONS PK LS 1 1.Q5,935.0 $ 98@,889.88 �245,t35.op $ 490"Imm 19 24" SOLID WHITE (PREF. THERMO.) LF 188 $ 20.00 $ 3,760.00 20 24" SOLID YELLOW CROSSHATCH (PREF. THERM LF 69 $ 20.00 $ 1,380.00 21 6" SOLID WHITE CROSSWALK LINE (PREF. THERP LF 829 $ 6.00 $ 4,974.00 22 4" SOLID WHITE (HIGH BUILD WATERBORNE PA LF 611 $ 1.00 $ 611.00 23 4" SOLID YELLOW (HIGH BUILD WATERBORNE P LF 1053 $ 1.00 $ 1,053.00 24 SOLID WHITE LEFT/RIGHT/THROUGH ARROW (P EACH 12 $ 300.00 $ 3,600.00 25 PAVEMENT MARKING REMOVAL LF 2341 $ 1.00 $ 2,341.00 26 PAVEMENT MARKING REMOVAL (SYMBOLS) EACH 8 $ 200.00 $ 1,600.00 27 PERMANENT SIGNING INSTALLATION LS 1 $ 1,400.00 $ 1,400.00 28 REMOVING EXISTING SIGNS EACH 6 $ 125.00 $ 750.00 29 TEMPORARY TRAFFIC CONTROL LS 1 $ 6,500.00 $ 6,500.00 30 ILANDSCAPING LS 1 $ 2,300.00 $ 2,300.00 31 SODDING (TURF TYPE FESCUE GRASS) SY 413 $ 14.00 $ 5,782.00 32 LAWN SPRINKLER SYSTEM (MODIFICATION OF E LS 1 $ 2,200.00 $ 2,200.00 33 REMOVE, STOCKPILE, AND REINSTALL MONUMI LS 1 $ 15,000.00 $ 15,000.00 34 CONTRACTOR CONSTRUCTION STAKING L5 1 $ 4,750.00 $ 4,750.00 TOTAL $-d%854.88 Sig 9,999•SD I w�� 16 CC) BID BOND (Bid Security) KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Gunter Construction ComPRny, 520 Division Simi, Kansas City, Ks 66103 as PRINCIPAL and . Ameriaure Mutual Insurance a , oce Company Form .Hi9a. MI as SURETY, are held and firmly bound unto the City of Riverside, Missouri, ("City") in the sum of Five Percent of Amount Bid Onllarn rS 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 January 26 2023 , to enter into a contract in writing for the HORIZONS AND 41 ST INTERSECTION IMPROVEMENTS (Project No. 620-228); 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. 3� IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed andthese presents to be signed by their proper officers, the day and year act forth herein. Gunter Cm on Com an (Signature) Printed Namc:. t\4&--%VU L'It .n}Lr Tide: Nv;.i c%exs} Date: 01 . V o . 202 3 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. Anterisure Mutual Insurance Comoanv By: y 1. 7/� Vim• _ (Signature) Printed Name: C. 1.aVonne Eniteman Title: Attorney -in -Fact Date: January 26, 2023 SURETY POWER OF ATTORNEY MUST BE ATTACHED 18 br P AMERISURE MUTUAL INSURANCE COMPANY AMERISURE AMERISURE INSURANCE COMPANY of SURETY AMERISURE PARTNERS INSURANCE COMPANY POWEROFATTORNEY KNOW ALL MEN BV THESE PRESENTS: The Am.oue Mued Ine senceCom Bury, Amm on, Iwunnce Compny and Aenedwn, Pemm hes m es, Compwy m sorymeimu my .wood uMm Me laws of the Sete of Michigan (hcan mllmively the "Companiei l and that the Companies do hereby make, masdho, and aMoind C. LEVonne Esp... thing cal Nam. Gunter Construction Company Oblig, None City ff lv i sou i its Imo cad lwfol Almmey(e)in Fact each must, apeno wpcity if. him cre u tonne! above, a sign, wawa, web and ackmwkdgc, for ad n as behalf ed N ita .e and dyed, bonds oe .than writings obligees, in the town, of a hood on behalf of wch of said Campnm, as weary. n wnaeen m amstyship as arc or may be boosted or pe.i,W by Nov, is ulatian, ached a nth re. providN has no bod or uedecukine or cadrwt ar eurcryahipwe.:ld ands, 64 unbenry doll wend she.. ..of. ONE HUNDRED MILLION ($100,000,000.00) DOLLARS This Power of At., is gnntM and signed by fecaimile trader ad by the suflmi,r of the following Rmlu[ione adopted by use swnde of Oln,am of Amen. Mo.] Itounwe Co.,., Ats. sman. Company end Amerisure Paenm Itourence Csnpny at noun duly called cad hrldan Febwary, 11, 2@2. `RESOLVED, ous my two of the P... ideal A Chief Execmire Office, the LTio Fiem:cial 0lf r& To.., the Senior Vim Postulant Sued, the Vim Plesideet Surely, or the Genial Uesmel & C"ems, Secretary be, and each w my, of them hereby o ewhiincd to soaves, a Power of Anors, gwliying the enae e,-m-ful namd in Ihs if. ft., of Anuevy m waule on behalf of the Company bud, wdenakirlgs and all ..Is of sanity, and dm pmidmt & Chief E.ecwive Officer, Chief Fgrexial Offiesr & Trcwurcr or G.red Co.] & Cmpaeae Semmry each many of Ihmn hi is swisersed to ueat to Ise eaecuion of my such Pow. a( Amnwy mo m atmch dbaaonthe at fd. Comply, FURTHER RESOLVED, that the Wfrlamrc of ash o1Rem and saw xal of the Corrgnry may o aFmd to any such Pout of Arouey or m anycaifimte mooing them. electmmi,olyldigimlly ., by oepoets, no any mach Poxes of Athos, ei mehificam baring such elechmoiddigiml or fxsirrrile sigrelurts or elemroniddifiul or Sound, awl shell W billing upon to Compny wlen an affi.d ad in the fumes wilh refund to any bond, wdermking or coowect ofwrcry m which k is mdld, ]FURTH ER RESOLVED, that myy wank ntrid ow by Ma eMtrc/may/-i�mf�n'l perwast rodia inclusion WII be valid and billing upon the Comma. ru$DT`s' By: MiAuel AAW.Senur Vin Rnidmn *,, bit ¢.L Ao SEAL r aeRf��%my� By: A.mn crew, ran prmvdanl IN WITNESS WHEREOF, A.0 .. Manual Laurance Corrymy, Amenwre [p —. Compny ad Amenwn, Na .Inners Cs.pmy have nuwtl Meiroaicialnnlsm he h.euna alfiud,ed thew prtwmmbe dgwd by weir eudroned.ffimntsia 25111 Jaya search m9 Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company Smauflllinua County ofKatw On this mh dayof March .20Mbcf m¢a Nwary Publiepeamn.]yappwedMichael A.Itn,Of Allenwm Mueellnsuemce Compny Amaiwn, Lnnema Company ad Awn cart Pmrun Inaumwe Cmgny eat Amon Grcm of Amerivure Mutwl Itouema Canpany, Allerihim Imwwm Gampey ad Amcriwrt Fenian Insurence Compny, prwtolly kmwn tome, wMheing by me duly awam,xknowldgd IMr Mryaignd rleab.ve Power.famewy meR ofmd ecknowledgd avid lmwmmlmbe Ue rolunary e. ell deed aftleir mpenive mmpnia. OFFOIM.WE Mm HDT PUBIIO,Bf wWN018 MT00MM NMEMREBIFpgR@E N ,Nosy 1, Slmson K. Alalmmn the dWy Nand Vice Pmaidem, Gmeral Counsel A Coepone Sateen, of A,maiaurc Minot lmuxvm Co.,.,. Ameriaurc lnwwnce C ,soy seat Amrout. Pothers I... C.npny, do hen,by.miy the the above ell Saeg ague. Ira ad earrce spy of a Power of Atmmry wau[d by said C.nyeniu, whits reewins in full f.rmmd eRat. INWITNESSWIRCHWE I have wunyhmd and affixed the melt ofthe Compniu ibis 2611:_ day.f lmmay 2023 . Shemm- K Admmy Vice Pn,sidmt Ocxnl Counwl & COtpomn, Santary EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID Gunter Construction Comoanv Christina Gunter (Company Name) (Primary Contact Name) 520 Division Street Kansas City, KS 66103 (Address) (City, State, Zip Code) 913.362.7844 913.362.7845 Christinaallunterke.com (Phone Number) (Fax Number) (&mail) Federal ID Number: 43-1596391 or SSN: (Check all that apply) �1 General Contracting ❑ Pavement Marking ❑ Other: �] Paving 6 Demolition ❑ Other: �] Earthwork ❑ Electrical ❑ Other: Name of State(s) in which incorporated: Kansas Date(s) of incorporation: 1991 Attach Certificate of Good Standing for State in which incorporated. If not incorporated in Missouri, also attach Certificate of Authority to do Business in Missouri. Certificate Number: 07062022-0024 Date: 7/6/2022 Name of the following officers: Christina Gunter (President's Name) Stephanie Gunter (Sceretary's Name) Stephanie Gunter (Vice -President's Name) Stenhenie Gunter (Treasurer's Name) Date of Organization: 11/19/91 Type of Partnership: _General _x_ Corporation _Limited _Association 19 Names and addresses of all partners (use additional sheet if necessary): (Name) (Address) (City, State, Zip) (Name) (Address) (City, State, Zip) 1. How many years has yew Company been in business as a contractor under your present business name? 13 2. List all other prior business names and locations under which you or any partner, principal or other officer of your company has ever done business: Architectural Restoration - North Kansas City Tiffany Construction Inc. - North Kansas City 3. How many years' experience in the proposed type and size of construction work has your Company had: (a) as a general contractor 31 ; (b) as a subcontractor 13 ? 4. List the three most recent projects your Company has completed similar in scope to the proposed work: Protect Name or City. Please see attached. Contact Name Phone Contract Amount $ When Completed? Description of Work Preiect Name or City Contact Name Phone Contract Amount $ When Completed? Description of Work 20 Project Name or Contact Name Contract Amount $ When Completed? Description of Work 5. What other important projects has your Company completed? Project Name or City Project Name or Cit Contact Name _ Contract Amount $_ Description of Work When Completed? Completed? 6. List at least two engineering fums with whom you have worked, and the name of the individual who was your primary point of contact: Renaissance Infrastructure Consulting, Vince Zink, P.E. 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) S. 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: Amerisure Mutual Insurance Company Eric VanBuskirk, 160 Federal St. FI 4. Boston Massachusetts 02110 9. What is your present bonding capacity? 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 Manager, Safety Officer. NAME Please see attached. Position Years of construction experience: Magnitude & Type of Work In What Capacity9 Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: 22 NAME Position Years of construction experience: Magnitude & Type of Work In What Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: NAME Position Years of construction experience: Magnitude & Type of Work In What Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: 23 12. List the major items of equipment which you own or which will be used on the project: Quantity. Description. & Capacity Age in Years Condition Please see attached. 13. List below the contracts to which yew 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 my 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): Pending litigation - City of Lenexa 14. On a typical project, what xercem of the work is completed by your own forces? 75 % What percent by subcontract? Z5 %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract (1) Heartland Traffic Traffic Control and Marking 6% 626 N. 47th Street, Kansas City, KS 66102 913.425.2575 Add— Sule Zip M.Nm (2) Erosion Specialists Erostion Control and Sod 1.4% P.O. Box 681559, Riverside, MO 64168 816.321.1947 Addrss 501e bp PM NumM (3) Metro Asphalt Asphalt 7% 3811 N. Cobbler, Independence, MO 64058 816.836.7400 Add¢v SI<R LP Ph Numhu (4) Sosaya &Sons Construction Traffic Signal 51% 9560 Lexington, De Soto, KS 66018 913.745.8801 Address Slat- Zip Phase Number Address So, Zip Ph K.* 15. Is your Company current on payment of Federal and State income tax withholdings and unemployment insurance payments? YeS 24 If the answer is no, please provide detail: 16. Has your Company, or any principal in your company, been rescinded or debarred from any bidding, contractual, procurement or other such programs by federal, state or local entities? No If the answer is yes, please provide detail: N/A 17. Has your Company received any written notices of violations of my federal or state prevailing wage statute in which prevailing wage penalties were assessed against your Company or paid by your Company during the last two (2) years? NO If the answer is yes, please provide the detail of each and every such notice: N/A The undersigned hereby authorizes and requests any person, firm, or corporation to flmish 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. The undersigned agrees that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling or strawbids. Dated on behalf of said Company this 26th day of J ' a 20 23 . By: Name: Christina Gunter Tide President Stateof Missouri ) countyof Jackson ) BEFORE ME, the undersigned notary, personally appeared Christina Gunter who being duly mom, deposes and says that he or she is the President of Gunter Construction Company , that he/she has been authorized by such company to complete the foregoing statement, and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn tome before this 26th day of January . 20-a. ww�� Mycomumissionexpires: Notary Public 2s SARAH BUNCH Notary P H Notary Seal $ta(e or Misaou�i Jaceaan County Commisekn 2 2209a120 My Commieakn E>mims lo11fU2026 BID FORM BID FOR UNIT PRICE CONTRACTS (Pricing) CONTRACTOR: Gunter Construction Company ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST $ COST $ 1 CLEARING AND GRUBBING LS 1 $ 14,510.00 $ 14,510.00 2 DEMOLITION AND REMOVAL LS 1 $ 28,000.00 $ 28,000.00 3 UNCLASSIFIED EXCAVATION CY 142 $ 60.00 $ 8,520.00 4 COMPACTION OF EARTHWORK CY 15 $ 100.00 $ 1,500.00 5 ISILT FENCE LF 732 $ 1.00 $ 732.00 6 BIODEGRADABLE LOGS LF 161 $ 4.00 $ 644.DD 7 INLET PROTECTION EACH 2 $ 75.00 $ 150.00 8 ASPHALTIC CONCRETE SURFACE COURSE (TYPE: TONS 40.5 $ 260.00 $ 10,530.00 9 ASPHALTIC CONCRETE BASE COURSE (TYPE 5-01 TONS 183.5 $ 142.00 $ 26,057.00 SO ITACK COAT GAL 37.0 $ 24.00 $ 888.00 11 PORTLAND CEMENT CONCRETE BASE (9") SY 5.1 $ 158.00 $ 805.80 12 TYPE C-1 CURB (KCMMB4K) LF 242 $ 90.00 $ 21,780.00 13 TYPE CG-1 CURB & GUTTER (KCMMB4K) LF 44 $ 90.00 $ 3,960.00 14 SIDEWALK (4") (KCMMB4K) SF 117 $ 25.00 $ 2,925.00 15 SIDEWALK IV) (KCMMB4K) SF 935 $ 20.00 $ 18,700.00 16 SIDEWALK RAMPS (6")(KCMMB4K) I SF 204 $ 28.00 1 $ 5,712.00 17 DETECTABLE WARNING SURFACE SF 40 $ 16.00 $ 640.00 18 TRAFFIC SIGNAL INSTALLATION (HORIZONS PKIA LS 1 7k5, 935. $ 468;988.88• $Z85,935 . CC) $ 258;BBCOC 19 24" SOLID WHITE(PREF. THERMO.) LF 188 $ 20.00 $ 3,760.00 20 24" SOLID YELLOW CROSSHATCH (PREF. THERM LF 69 $ 20.00 $ 1,380.00 21 6" SOLID WHITE CROSSWALK LINE(PREF. THERF LF 829 $ 6.00 $ 4,974.00 22 4" SOLID WHITE (HIGH BUILD WATERBORNE PA LF 611 $ 1.00 $ 611.00 23 4" SOLID YELLOW (HIGH BUILD WATERBORNE P LF 1053 $ 1.00 $ 1,053.00 24 SOLID WHITE LEFT/RIGHT/THROUGH ARROW (P EACH 12 $ 300.00 $ 3,600.00 25 PAVEMENT MARKING REMOVAL LF 2341 $ 1.00 $ 2,341.00 26 PAVEMENT MARKING REMOVAL (SYMBOLS) EACH 8 $ 200.00 $ 1,600.00 27 PERMANENT SIGNING INSTALLATION LS 1 $ 1,400.00 $ 1,400.00 28 REMOVING EXISTING SIGNS EACH 6 $ 125.00 $ 750.00 29 TEMPORARY TRAFFIC CONTROL LS 1 $ 6,500.00 $ 6,500.00 30 LANDSCAPING LS 1 $ 2,300.00 $ 2,300.00 31 SODDING (TURF TYPE FESCUE GRASS) SY 413 $ 14.00 $ 5,782.00 32 LAWN SPRINKLER SYSTEM(MODIFICATION Of E LS 1 $ 2,200.00 $ 2,200.00 33 REMOVE, STOCKPILE, AND REINSTALL MONUMI LS 1 $ 15,000.00 $ 15,000.00 34 CONTRACTOR CONSTRUCTION STAKING LS 1 $ 4,750.00 $ 4,750.00 TOTAL $ '95d;B'rieB9 �489, 999.SD lb C(i1 4f ul Z3 Iwkp WSE KCMG, Kansas, Missouri D8E INDOT, KOOT, MODOT, ODOT, TXD01 G U N T E R SSE, SIDS, WOSS CG) CONSTRUCTION COMPANY I January 26, 2023 City of Riverside, MO 2590 NW Vivion Road Riverside, MO 64150 RE: Horizon Parkway and 41" Street Intersection Improvements Evidence of Competency to Perform A. Please see attached Authority to Do Business In Missouri B. Position Employee Name Years of Employment Credential GC Project Manager George Gunter 10 Years See Attached Resume Onsite Superintendent Matt Shea 8Years See Attached Resume QC/QA Manager Matt Shea 8 Years See Attached Resume Safety Officer Matt Shea 8Years See Attached Resume • George Gunter will be involved in this project 80% of the time and Matt Shea will be involved in this project 100%of the time. • Please see attached resumes. C. Quality Assurance will be through the inspection process provided by the City of Riverside and our Superintendent. Quality Control will be provided through the various material suppliers. D. Key issues that may affect the schedule would be long lead items, approval of submittals and weather. We will keep in close contact with the City Project Manager to keep them informed of long lead items, and get submittals sent in a timely manner. E. There have been no written notices of violations, or such penalties assessed with Gunter Construction Company. F. Gunter Construction is current on Federal and State income tax withholdings and unemployment insurance payments. G. Gunter Construction has not been rescinded or debarred from any bidding, contractual, procurement, or other such programs by federal, state, or local entities. H. Litigation — City of Lenexa I. Gunter Construction has excellent bond history; we have never failed to perform. J. See attached Gunter Construction's affidavit for federal work authorization program. K. Gunter Construction has had no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling, or strawbids. Sincerely, �(�\ �V/1V�/W�1 Christin86, ,Presitlent 520 Division Street, Kansas City, Kansas 66103 P: 913-362-7844 F: 913-362-7845 Matt Shea PROFESSIONAL EXPERIENCE GUNTER CONSTRUCTION COMPANY Field Superintendent 2014Current • Responsible for overseeing road construction projects, and interior projects; managing Sub - Contractors and Employees; keeping employee's time and job records; maintaining maintenance records on heavy equipment; managing daily, weekly and monthly logs; working closely with Inspectors on eachjobsite to keep the work per code; managing expenses for each job and staying in budget; managing the scheduling on the job to make sure the jobs are completed on time. BEARCLAW CONSTRUCTION MANAGEMENT Field Superintendent 2012-2013 • Projects: o Tide Dry Cleaners $1 million o White Cloud, Community Center $1.2 million VANUM CONSTRUCTION COMPANY, INC Field Superintendent 1999-2011 • New Commercial Construction ranging from Aquatic Parks to Park & Recreation Park to Existing Building Renovation. • Projects: o Blaisdale Pool Topeka Park and Rec $2.7 million o Lawrence Free State High School Indoor Pools $2 million o Ilus W Davis Park KCMO Park and Rec $6.6 million o St Andrew Christian Church $3 million o Lionsgate Office Center $2.1 million o Liberty School Addition and Renovation $2.2 million o Cass Midway School Additions and Renovation $2.6 million o Shoal Creek Neighborhood Aquatic Center $3.1 million • Zone Rosa Parking Garage $3.2 million a Fountain Restoration KCMO Park and Rec $2.5 million o Avant Ministries $2million MERIT CONSRUCTION COMPANY, INC Field Superintendent 1993-1999 • New Commercial Construction ranging from Retail Buildings, Fuel Services, Restaurants, to Park and Recreation Nature Center • Projects: o Best Buy 0 2 Valvoline Instant Oil Changes o Checkers Drive Thru Restaurant 0 3-25,000 sq ft Retail Buildings o Lakeside Nature Center KCMG Park and Rec o Flying 3 Travel Plaza COMMERCIAL & RESIDENTIAL CONCRETE CONSTRUCTION Field Foreman 1978-1993 EDUCATION & SKILIS BACKGROUND • Saint Joseph High School -Shawnee, KS • Scheduling on a daily basis to ensure the days and weeks ahead are well planned to allow a smooth and efficiently ran project. Anticipate manpower and material needs. Meeting with contractors prior to the beginning of their activities - reducing conflict, improving production, and preventing delays. • Problem Solving to research and understand a problem in its entirety before contacting the designer or supplier in order to find faster resolutions, or make suggestions on the best way to resolve the problem without delays or added costs. George Gunter III QUALIFICATIONS Extensive experience in heavy construction projects, water treatment plants, pump stations, project management, estimating, and contract negotiations. PROFESSIONAL EXPERIENCE GUNTER CONSTRUCTION COMPANY Project Manager/Eslimmor 2010-Current • Responsible for procuring, negotiating and managing construction projects and construction management work. Including Structural Concrete, Flatwork, Building Shells, Pump Stations, Trail Projects, Excavation, Street Projects, and Design Build Projects, Heavy roadway, Site, and Redevelopment projects. Responsible for quantity take -offs and bid pricing for these projects. Developing and maintaining project schedules; Coordinating submittals, change orders, schedules, and manpower; track and manage construction progress, scope, billings, invoices, job cost/budgeting and correspondence between Owners, Subcontractors, and Superintendents. MEGA INDUSTRIES CORPORATION President/CEO 2006-2010 • Responsible for overseeing the management and profitability of the company's overall operation. • Responsible for overseeing quality control; compliance in all areas of the Construction Operation; safety; EEO and Affirmative Action. • Responsible for handling banking and bonding relationships. MEGA INDUSTRIES CORPORATION President/Owner 1992-2006 • Responsible for overseeing the management and profitability of all construction contracts. • Responsible for overseeing the management and quality control of compliance in all areas of the Construction Operation, and EEO and Affirmative Action. • Responsible for finding and negotiating Construction Management and General Contracting Projects; including Structural Concrete, Building Shells, Pump Stations, Treatment Plants, Excavation, Street Projects, Bridge Projects, Design Build Projects, GARNEY COMPANIES, INC. Vice -President 1971-1992 • Responsible for pmfrtability of General Contracting Division with $8-$12 million in sales; supervising office personnel, field superintendents, and contract administrators. Estimated projects up to $20 million; managed projects to $13 million. • Extensive experience in Contract Negotiation as General Contractor and Subcontractor, pricing and negotiation of Change Orders; Estimating, Bidding and Managing Projects in numerous States and the Bahamas. Manager General Contracting and Concrete Division • Responsible for profitability of General Contracting Division with $2.5-$5 million sales. Estimator/Project Manager for general construction projects. Project Manager far $2.7 million recreation area project at Truman Dam, $3.2 million job at Milford Fish Hatchery, $2.5 million pump station for City of Fayetteville, $1.2 million job for United Pacific Bond Company (completed project on which another contractor defaulted). Responsible for office personnel and field superintendents. EDUCATION BACKGROUND • B.S Degree in Business Administration - Missouri Western State College, St. Joseph, Missouri CIVIC INTERESTS AND AFFILIATIONS • KCMO Impact Fee Committee A, Appointed by Mayor - 2010 • KCMO Impact Fee Committee E, Appointed by Mayor - 2010 • Platte County Economic Development Committee, Member Northland Chamber of Commerce, Member • Previous Park Hill School District Board Member Additional information on specific project.% I bid and managed as Owner of Mega Industries Corporation: Jab Description Argentine Pump Station Southwest Blvd Pump Station 25n Street Pump Station Todd Creek W WTP Restroom Facility Overland Park KS Mildale Dam Johnson County Haagen Dazs interior finish Johnson County Wastewater Building Courtney Bend Drive Replacement Rocky Mountain interior finish Gold Canyon Water Plant Design/Build Gold Canyon Water Plant Design/Build Owner Contract Amount City of KCKS $565,000 City cfKCMO SI,787,000 City ofKCMO $560,000 City ofKCMO $2,100,000 Parks and Rec. $182,900 Parks and Rec. $400,158 SIS Partners $426,857 Water Distkl $113,326 City oflndependence $342,000 SIS Partners $318,411 O81 Facility Group. Gold Canyon AZ $1,100,000 OEI Facility Group. Gold Canyon AZ $950,000 Additional projects as President CEO of Mega Industries Corp. either bid and/or managed in the last several years: Phase 3 lift station imp City of Blue Springs $4,081,291 Searcy Creek Parkway KCMO $8,600,000 KCI Area TIF Road Improvements KCI TIF $4,800,000 2nd Street Streetscape KCMO $2,900,000 Missouri Riverfront Trail -Phase IA-1B Platte County $900,000 Amity Woods Nature Park TridLPH 1 KCMO $300,000 Eastbrooke Bicycle & Pedestrian Trail KCMO $1,100,000 Sane Fe Trail Olathe, KS $180,000 119th St & Mission Road Trail Leawood KS $270,000 Pioneer Crossing Shawnee KS $580,000 Apex Plana Site work Parkville, MO $850,000 Black Hoof Park Lenexa, KS $3,200,000 Gregory O Grounds Trail & Park Blue Springs $1,300,000 Three Mile Creek Trail Leavenworth, KS $2,200,000 Jerry Smith Park Trail KCMO $200,000 WBE KCMG, Kansas, Missouri DBE INDOT, KDOT, MODOT, ODOT, TXD01 G U N T E R SBE, SDB, WOSB CG) CONSTRUCTION COMPANY I January 26, 2023 General Services Department Kansas City, MO 414 E. 120h Street, Room 102W Kansas City, Mo 64106 RE: Equipment Available for Gunter Construction Company To Whom It May Concern, 2005 Hyundai Excavator Trackhoe CB34B Utility Compactor 4 ton 51" Excellent Condition John Deere SOG Mini hoe Doosan Air Compressor with Jackhammers Excellent Condition 30SE2CR Mini Komatsu D51 Dozer (WITH GPS) Excellent Condition Cat 305.SE2CR Mini Wacker 1-Ton Smooth Roller Excellent Condition 325 Cat Excavator D naPac Padfoot Compactor Excellent Condition 308-07 Cat Excavator Wacker Smooth Roller RD-12-90A 1 ton Excellent Condition JD 319DT Trk Skid Loader Wacker Trench roller Excellent Condition Cat 289D Skid Lease#12823 50" CP34 padfoot compactor Excellent Condition Cat 299D Skid Lease #205238 CB34B Utility Compactor 4 ton 51" Excellent Condition Cat 289D Skid Lease#13334 Doosan Air Compressor with jackhammers Excellent Condition 1D 331G Skid 2019 Cat Landscape Rake Excellent Condition 1D 325G Skid 2019 72" SB Hopper Broom Excellent Condition Cat 299D3 Skid #903759 Soff Cut Saw Excellent Condition 299D3 Skid 9903996 Cat B-6 Breaker Excellent Condition Cat 299D3 Skid#903759 Cat Broom Excellent Condition Cat 953c Loader Cat 8-6 Breaker Excellent Condition Komatsu D39 Dozer Cat HHB-6 Breaker Excellent Condition Komatsu DSl Dozer WITH GPS Kent FKSS Breaker (follows JD 50) Excellent Condition Wacker 1-Ton Smooth Roller Gomaco Paver Excellent Condition naPac Padfoot Compactor Total Station- R500#1 Excellent Condition Wacker Smooth Roller RD-12- 90A 1 ton Total Station - R500 #2 Excellent Condition Wacker Trench roller GPS Base/Rover #2 Excellent Condition 50" CP34 padfoot compactor Heat King Moblile Heater Excellent Condition GPS Base/Rover#1 Excellent Condition SC75 Track Du Excellent Condition T Swri in attachment Excellent Condition Sincerely ChristiM�2Vy st S20 Division Street. Kansas Citv. ns 66103 - 2-7913-362-7945 AFFIDAVIT for WORK AUTHORIZATION (us required by Snake, 285.530. Revisal aumo-s of shemai ) 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 Stale ofMisseuri. 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 authorimtion program operated by the United States Department of Homeland Security b verify information ofnewly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), PS,. 99-603. KNOWINGLY. A person acts knowingly or with Imowledge, (a) with respect to the person's conduct or in attendant cirmmisfances when the person is aware of the nature ofthe perssen's conduct or that those circumstances exist; or (b) with respect m a result oftlie person's conduct when the persons aware that die limamt'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, m defined in 8 U.S.C. 1324a(h)(3). State of Missouri ) County of Jackson BEFORE ME, the undersigned notary, personally appeared Christina. Gunter , who, being duly swom, states on his/her oath or affirmation as follows: 1. My name is Christina Gunter and I am currently the President of Gunter Construction Company (hereinafter "Contractor'), whose business address is 520 Division Street, Kansas City, KS 66103 _ _ and f 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 Contractorand the CityrfRiverside: HORIZONS AM 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228). 4.Contmctor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5.Atlsched hereto is documentation affirming Contractor's enrollment and participation in a federal work authorisation program with respect to the employees wo ug in c nation with the contracted services. Further, Affit nt sayeth not. Signet re o ffiard Printed Name: Christina Gunter Subscribed and swom to before one this 26th day off January 23. 4 Nomavfililic *PLEASE NOTE: Acceptable enrotiment and participation documentation consists of Me following 2 pages of the F.Verlfy Memorandum of ❑nderamading: (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 (he Contractor, and the Department of Homeland security- Verification. =CNC-5-Zj CH an Seal26041201w1d202S E-Verify w Company ID Number: 361543 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Gunter Construction Company (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verity. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and desaibes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Vertfy program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 ar 1] E-Verffy MOU br Employers I Revision Date MO1113 E-Verify V Company ID Number: 351543 Approved by: Employer Gunter Construction Company Name (Please Type or Print) itle Christina Gunter President Signature Date Electronically Signed 10101y2010 Department of Homeland Security— Verification Division Name (Please Type or Print) Title USCIS Veriflmtlon DMslon Signature Date Electronically Signed 10/01/2010 Page 13 of 17 E-Verify MOIL for Employers I ReWsslon Dale 0e101113 E Verify Company ID Number: 361543 Information Required for the E-Verify Program Information relating to your Company: Company Name Gunter Constructlon Company Company Facility Address 520 Division Kansas City, KS 66103 Company Alternate Address County or Parish WYANDOTTE mployer Identification Number 431596391 orth American Industry lassificafion Systems Code 237 arent Company umber of Employees 10 to 19 umber of Sites Verified for 1 Page 14 d 1] E-Verily MOU for Employers I Revision Date 06101113 I 1022,3:35 PM haps:Ihv w.Wnsas.gw@esslllow/main?exewhon=e4s1 STATE OF KANSAS OFFICE OF SECRETARY OF STATE SCOTT SCHWAB I, SCOTT SCHWAB, Secretary of State of the state of Kansas, do hereby certify, that according to the records of this office. Business Entity IO Number: 4554192 Entity Name: GUNTER CONSTRUCTION COMPANY Entity Type: DOM: FOR PROFIT CORPORATION State of Organization: KS was filed in this office on October 17, 2011, and is in good standing, having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices of this entity. In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of January 03, 2022 SCOTT SCHWAS SECRETARY OF STATE Certificate ID: 1203086 - To verify the validity of this certificate please visit httns:Owww kansas goy&osrflow/validate and enter the certificate ID number. hapeAwww,Mwas.govNess cw6naln?execution=e4sl 1A e,�p,TE OFAMISS0U �f�I John R.Ashcroft Secretary of State CORPORATION DIVISION CERTIFICATE OF GOOD STANDING I, JOHN R. ASHCROFT, Secretary of State of the STATE OF MISSOURI, do hereby certify that the records in my office and in my care and custody reveal that using in Missouri the name GUNTER CONSTRUC77ONCOMPANY GUNTER CONSTRUCTION COMPANY F01294849 a KANSAS entity was created under the laws of this State on the 14th day of February, 2013, and is Good Standing, having fully complied with all requirements of this office. IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL of the Slate of Missouri. Done at the City of Jefferson, this 6th day of July, 2022. 10141M.1, 11411,1UP11WgrAlr/` I Ccn,fkdwi Nu h, CFRI-0062022-0024 AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Gunter Construction Company FOR COMPLETION OF HORIZONS AND 41ST INTERSECTION IMPROVEMENTS Project No. 620-228 RESOLUTION NO.: 2023-22 R CONTRACT PRICE: $489,989.80 Project No: 620-228 THIS AGREEMENT, made and entered into as of the _ day of February. 2023by and between the City of Riverside, Missouri ("City"), and Gunter Construction Company ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. 2023- duly approved on the 7* day of February. 2023 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 1 DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall have the respective meanings set forth below. Any capitalized terns used but not defined in this Agreement shall have the meanings given to such terns in the other Contract Documents. A. "Administrator" has the meaning set forth in the recitals of this Agreement. B. "Application for Payment" has the meaning set forth in Article VI, Paragraph A of this Agreement. C. "City" has the meaning set forth in the preamble of this Agreement. 28 D. "Change Order" means a change to the Project, which has been approved in accordance with the terms of this Agreement, specifically including, without limitation, the requirements set forth in Article VII of this Agreement. E. "Contract Amount" has the meaning set forth in Article III, Paragraph A of this Agreement. F. "Contract Documents" has the meaning set forth in Article V, Paragraph A of this Agreement. G. "Contractor" has the meaning set forth in the preamble of this Agreement. H. "Design Engineer" means the following Design Engineer to the City of Riverside, Missouri: Olsson, James Gallagher; ieallaeher(a),olsson.com. 1. "Notice to Proceed" has the meaning set forth in Article IV, Paragraph A of this Agreement. J. "Project" means the building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement The Project may also include construction by City or others. K. "Resident Project Representative" means the following employee of the City of Riverside who shall manage the Project on behalf of the City: Travis Hoover - thoover@riversidemo.aov 816- 372-9004. L. "Subcontractor" means a person, firm or corporation supplying labor and materials or only labor for the Work for, and under separate contract or agreement with, the Contractor. M. `Substantial Completion" means the stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. N. "Work" or "Work on the Project" means work to be performed at the location of the Project, including the transportation of materials and supplies to or from the location of the Project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit 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. 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, 29 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 Resident Project Representative shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and Work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Resident Project Representative may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Resident Project Representative will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Resident Project Representative will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. D. Contractor may be famished additional instructions and detail drawings by the Resident Project Representative, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract drawings, and the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of four hundred eighty-nine thousand nine hundred eighty-nine dollars and eighty cents. ($489.989.801. 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 30 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 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 06/302023. 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 31 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. 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 provided that 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. 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 32 period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor which shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension. L DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is that the Contractor shall famish all labor, materials, tools, equipment and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the City. In case of conflict between the drawings and specification, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Resident Project Representative in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. J. SHOP DRAWINGS. Contractor shall submit to Resident Project Representative for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the Work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Resident Project Representative. Review of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. When submitted for the Resident Project Representative's review, any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review by Resident Project Representative any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. Resident Project Representative's review does not relieve Contractor from responsibility for defective Work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the Resident Project Representative. 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 33 the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Resident Project Representative. Materials, supplies or equipment to be incorporated into the Work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 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 Resident Project Representative timely notice of readiness. The Contractor will then furnish the Resident Project Representative the required certificates of inspection, testing approval. Inspections, tests or approvals by the Resident Project Representative or others shall not relieve the Contractor from the obligation to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative and the City's representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all Work, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof. If any Work is covered prior to inspection by the Resident Project Representative it must, if requested by the Resident Project Representative, be uncovered for the Resident Project Representative's observation and replaced at the Contractor's expense. If the Resident Project Representative considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Resident Project Representative's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Resident Project Representative may require, that portion of the Work in question, furnishing all necessary labor, materials, tools and equipment. M. CORRECTION OF WORK. The Contractor shall promptly remove from the Project site all Work rejected by the Resident Project Representative for failure to comply with the Contract Documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re -execute the Work in accordance with the Contract Documents and without expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. All removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected Work within ten (10) days after receipt of written notice, the City may remove such Work and store the materials at the expense of the Contractor. N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to brand time 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 34 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 City 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 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 aredisturbed (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, 35 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. 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, are hereby incorporated into this Agreement, and form the entire agreement between City and Contractor, and are referred to as 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. PAYMENTBOND 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 36 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. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment in accordance with the terms hereof in substantially the form attached hereto as Exhibit H (an "Application for Payment'), Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each Application for Payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the Resident Project Representative. In addition to the amount of payment requested in the Application for Payment, each Application for Payment shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Application for Payment shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application for Payment include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Application for Payment, or return the Application for Payment to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15) days 37 of its receipt of payment from City, Contractor shall pay all Subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Resident Project Representative and Administrator. Resident Project Representative shall review each Application for Payment and certify for payment such amounts as Resident Project Representative determines are due Contractor. From the total amount certified, City shall withhold five percent (5%) as retainage until final completion and acceptance of the Work. The five percent (5%) retainage may be reduced by Change Order if final completion and acceptance of the Work is delayed due to unforeseen circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved, the remaining retainage shall be an amount equal to or greater than 200% of the estimated amount necessary to complete the Work. D. The City Treasurer, upon presentation of an Application for Payment, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. E. Neither Administrator or Resident Project Representative's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. F. With each Application for Payment, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The Subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for Work performed or materials supplied included on any previous Application for Payment to City from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits a final Application for Payment, all requirements of the Contract Documents are complied with, and Resident Project Representative issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit O. City, within thirty (30) days after the delivery of Engineer's Certificate of Acceptance, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its final Application for Payment as claimed by Contractor. All claims not identified in the final Application for Payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. 1. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 38 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to Subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or Subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall, at the request of City, furnish satisfactory evidence that all obligations to Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay Subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay Subcontractors and suppliers directly. Any payments made to Subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Agreement. ARTICLE VII CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes 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 Contmctor 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: I. 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 39 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 orthe time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. 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. 40 ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall name the City, together with its employees and officers, as an additional insured and have not less than the following limits: a. Each occurrence $3,000,000.00 b. General aggregate $3,000,000.00 c. Products/completed operations aggregate $3,000,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and deliver to the City for operations of the Contractor of any Subcontractor in connection with execution of the agreement Owner's Protective Liability insurance in the same minimum amounts as required for Commercial General Liability Insurance above. 3. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non - owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non -owned autos. The coverage shall have not less than a combined single limit of $3,000,000.00 for each accident. 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 41 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) time as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by Work included in the products/completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than one (1) year after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, Subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, Subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non -renewal, alteration, or reduction (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 famish 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 42 to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven (7) days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post in a prominent and easily accessible place at the Work site a clearly legible copy of the following: (1) the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of $500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may 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. 43 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 for to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two (2) years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all Applications for Payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to Subcontractors and suppliers. For any Work, 44 including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Applications for Payment: If to the City: Ifto the Contractor: Travis Hoover Christina Gunter City of Riverside, MO President 2950 NW Vivion Rd. 520 Division Street Riverside, MO 64150 Kansas City, KS 66103 thoovera,riversidemogov Christinana.zunterkc.com with a copy to: Olsson James Gallagher 5015 NW Canal Street, #100 Riverside, MO 64150 ieal laaher(a),olsson.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. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to fumish sufficient labor or 45 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 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 46 on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Resident Project Representative and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all Work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or par 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. 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 47 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. 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. 48 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 Agreement shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right enter into other contracts in connection with the Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their 49 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 Projector the City may enter into other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the Work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article V I I. ARTICLE XXI ACCESS TO SITEXLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times, during performance of the Work, keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. The Contractor shall guarantee all materials and equipment furnished and Work 50 performed for a period of one (1) year from the date of completion and acceptance of the Work. The Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the Work that the completed Work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all Work in this Agreement. Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repair of any other damages that were caused by defects in the Work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other Work that may be necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the Work and damage 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 Project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss 51 to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on -site or off -site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of its prosecution of the Work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on -site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on -site employees to complete a construction safety program within sixty (60) days after the date Work on the Project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on -site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on -site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a 52 change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVH 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 I 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 4CE 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 fortes 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 ofthe 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 home 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 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. 53 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 XXXFV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party this Agreement shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. 54 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] 55 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY: By: Attorney, COUNTERSIGNED BY: CITYPURC ,4fldla,ENT: By: BriLAdmini Ci rator CITY OF RIVERSIDE: By: 0 Kath een L. Rose, Mayor CONTRACTOR: I Printed Name, � 1 l� ► S►\ 56 \*PbQJIL IN WITNESS WHEREOF, the parties have caused this Agreemcnt to be executed by their authorized representatives. Ll w d:[p''A _SSI.b9BCrl YU 7up ATTORNEY. - By: Attorney, 'i4 COUNTERSIGNED BY: Cl7TPURCHJ&AXMEENT. By: t Bn 1 Ci Admini for CITY OFRIVERSIDE. B-, b'O t) Itxn L. Rose, Mayo A Robin Kincaid, City Clerk \Gi mw Ms . KY1O2 �.,� ♦ _� ar • I• • c�� 56 Fisk 2/2/2023 City of Riverside Missouri 2950 NW Vivion Road Riverside, MO 64150 RE: Contractor. Gunter Construction Company Bond No: 8051321 Conbact Price: $489,989.80 Project: Horizons and 41st Intersection Improvements Project No: 620-228 Enclosed please find three (3) originals of the Performance and Payment Bonds, and Powers of Attorney issued in conjunction with the referenced. The Bonds and accompanying Powers of Attorney are "undated" because the Contract has not yet been dated. This letter serves as your authority to insert the appropriate dates once the contracts have been executed. Please note the date of the bonds and powers of attorney must be on or after the date of the contract in order for the bonds to become effective. The bond is not valid if it is dated prior to the contract date. Once the bonds have been signed and dated, please let me know the contract date so that I can mark my records and advise the surety underwriter. Sincerely, AMERISURE MUTUAL INSURANCE COMPANY C. LaVonne Engeman Attorney -in -Fact 120 W. 12th Street, Suite 1000 • Kansas City, MO 64105-1938 • riskstrategies.com AMERISURE MUTUAL INSURANCE COMPANY AMERISURE AMERISURE INSURANCE COMPANY �-SURETY AMERISURE PARTNERS INSURANCE COMPANY POW ER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Amerisae Mutual Insurance Company, Amerisure Insurances Company and Amerisure Partners Insurance Corryeny are malmaners duly cautioned under the laws of the Smre of Michigan (herein collectively the "Companies"), and that the Comperes do hereby make, mnmiture and appoint C. LaVonne Eme man principal Name Gunter Construction Company as roe and lawful Atbmey(e)-in Fat, each in their xpuue mussily if more gran one is muted above, to sign, execute, and ed xkrwwledge, or and can its behalf and as its act and dad, bonds or othm writings ablisumy in the .,me of a bond on behalf of each of mid Companies, ® smay, on contracts or suretyship as one or may be sequimd or permitted by law, regulation, contract or otherwise. Dmottled that out bond or undertaking or contract or su mohip executed under this mthoriry, shall exceed the=wm of ONE HUNDRED MILLION ($100,000,000.00) DOLLARS This Power of Attorney is grald and soared by facsimile under and by the authority of the following Resolutions adopted by the Barba of Dr.. of Ammmre Mutual Its micam Company, Ameriwre Immure Company and Amennne Permnn Irnumuce, Company at meetings duly called and held on Febmay, 11, 2022. "RESOLVED, that any two of der President & Chief Emieti ve Officer, the Chief Financial Officer & To., the Senio Vice pmident Surety, the Vice President Surety, or the Gra al Counsel & Corymue Samary be, and each or any of then hereby is authorned to examine. a Power of Attomey qualifying the attarry-in-film named in the give Power of Attorney to amen. on behalf of the Company boos, undertakings said all contrata of surety. and des, prowdml & Chief Executive Officer, Chief Financial Officer & Tommo r or Grain Cannel & Collins. Secretary each or any of them hereby is authorreed to most to the execwion of any such Power of Aaun.y, and to mench therein the. 1 ofile, Company; FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Anomey or to anomlificme mlabrig thereto ehectmnically/digitally or by framole, and any such Power of Alt., or certificate Mang men O."aic/digital or facsimile signatmea or electanic/digital or facsimile seal shall be binding upon the Company when m affixed ad in the forme with regard to my bid, a+dptaking or contras of wmy to which it u attached: FURTHER RESOLVED,that any work sorted out Is". chromant to this asomtbn shell be valid and hinding upon the Company." Ice. W3 xxbUgA/ram/ l AJ.Fb... ♦ .po..Np BY I.'DO" . :.o@ ha lyp jW�jY raj Mitltrel A. Ib,3aem Vim Resident xWePuox , SEAL m SEAL a �� mi SEAL m- In-...as :JD By: q•st.a'.. 21W pjI ba, .*ice Awn Gam. Vice Pasidrat MWITNESSWHEREOF,Amenwm Mural Imummce Cos y,Amedwre Imumnce Comwnyand Ammo Pemrem Ins eCmrgany Iwe mud therofficiel aalamhhaaanbaRxed,red sheet premn[sm be signed by their authorized oDicers this 25M deyof Mach ,20a . Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company S staof ulmaa County ofKasse On the. asm day of March ,2022, before are, a Notary public pessonally appeared Michael A.Ito,of Ammisure, Mutual Insurance Company, Aromatic Inwmnce Cormmy and Amenwre, Farmers Insurance Company and Aaron Gem of Amaiawe Mutual Insurance Company, Amensum Inwratre Cimrpa y ad Amerisure partners Insimmea Company, pcaoully known to me, who being by me duly.won, acknawledged that they signed the above power ofAveri as orTceris o(ad acknowledged said instmmenl to be the voluntary an and dead ofOseir n ape me companies. OFFlGLAL SEAL M NENNy NDTMV PUBUC, BTATE OF IWNg9 MY COMMISSION EYPIflE9 71AN202b M.Kmap•.Novy 1, Shearson K. Andeaot, dre duly elected Vice president, General Counsel & Copora. Saremy of Amorous Mural Insurance Company, Ameariwre Iecourn a Company and Amerisure Parini Insurance Company, do hereby rectify that the thaws and foregoing is a trite i d correct copy of a Power of Anomey executed by mid Comperes, which remains in full f and effect. IN WITNESS WHEREOF, Ile-cateny hand and affixed the sealsofthe Colcluanielhn 2n^d dfayoE±Taty 20` am 23 y / A — SharlK. AndMan, Vice psaidand Gamed Camel & Coryorese Secretary EXHIBIT Bond No. 8051321 PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT between the CITY OF RIVERSIDE and CONTRACTOR, for construction of HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (620-228), dated FebruarvV2023. designated Resolution No. 2023-01 in every particular, Gunter Construction Comoanv, as Principal, and Amerisure Mutual Insurance Company . 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 eighty-nine thousand nine hundred eighty-nine dollars and eighty cents. ($489.989.80) 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", 57 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 L day of February. 2023. Gunter Construction 006�R &y—)LVF 1 hereby certify that (1) 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. Amerisure Mutual Insurance Com SURETY /� - -- By: C (Signature) Printed Name: C. LaVonne Enaeman Title: Attomey-in-Fact - - Date: &JIL • 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 EXHIBIT B Bond No. 8051321 PAYMENTBOND KNOW ALL PERSONS BY THESE PRESENTS: that Gunter Construction Company a corporation , hereinafter called Principal, and Amerisure Mutual Insurance Company, 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 eighty-nine thousand nine hundred eighty-nine dollars and eighty cents ($489.989.801 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 15T" day of February. 2023, for the construction of HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (620-228) approved by Ordinance / Resolution No. 2023 16, 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. 59 t4o no � 1 IW��T, 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 1 ✓ day of Feb.,. 2023. Gunter Construction (Signature) Printed Name: I 1 i►�... I hereby certify that (1) 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. Amerisure Mutual Insurance Comeau Br�T�.O LUJONR.P F-�Y/�Ci�1 (Signature) Printed Name: C. LaVonne Engeman, Title: Attomey-in-Fact 1111 • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT • If Contractor is a partnership, all partners must execute the Bond. m AMERISURE MUTUAL INSURANCE COMPANY AMERISURE AMERISURE INSURANCE COMPANY ��SU RETY AMERISURE PARTNERS INSURANCE COMPANY POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Amentrue Mutual low eta Company Amerisure Imurame Company and Amensure Partners Insurance Company sm mrporetiom duly Measured! under the laws of the State of Michigan (hortin collusively the'Compnias'), and that the Companies do hereby make, comriwu and appoim: C. LaVonne Engelman Ohlima Name: City i fRlvesside Missouri its wa and lawful Attamy(s}in Fat each in (hair moment capriry if rare dun one is sumd above, to sign, eaecue seal aM acloyawldge, for and on its behalf end es is act end dad, bonds or mhos writings obligatory in the revere of a bond can behalf of mach of said Companies, as surety, on mince or sureryahip as are or may he required or permitrd by Nw, agulepon, comma or otherwise, provided that no bond or undeoatin, or caret or suretyship exaurd under this eupamly shill eacad the amoum of. ONE HUNDRED MILLION (S 100,000,000.00) DOLLARS This Power of Ananey is emitted and signed by facsimile under and by the authority of the following Resolutions doped by the Hoards of N.M. of Ammmre Mutual Ins. Comp r , A.m. Ims. Company and Ammaure Pa.. Insurance Company at meetings duly called and held on Febmary 17, 2022. 'RESOLVED, that my two of the President & Chief Execmi ve Officer, the Chief Financial Officer & Terasmo, the Soria Via Famidmt Surety, the Vice President Surety, or the Germans] Coneel & Corporate Serwery be, and each or my of them hereby is mduazed to alienate, a Power of Ammney qualifying the enamry-in-fam named in the given Power of Attorney w secure can behalf of the Company boade, undertakings and all contracts of surety, and Net Frei & Chief Eaecmive Officer, Chief Foamed Officer & Treasurer or General Coumel & Corporate Secretary each or any of them hereby is amhaited to mast to the axecumn of any such Power of Atmtry and to attach parent the seed ofthe Company; FARTHER RESOLVED. that the sisnamre of such officers and Wo seal of the Company may W affixed w any such Power of Attorney or to my anifeen relying them, electmnicelly/digially or by facsimile. and my such Power of Alt., or arfifcate than., such elation./digial mfacsimile signatures at elenmoiddigiul or facsimile seal shell be binding upon the Company when so affixed and in the fuwre with regod to any bond, undauking or contract of amy in which it is attached FARTHER RESOLVED, that my work clinical oat by the wormilly-i--iim-her prnauant to this resolution shell W valid and binding upon the Company" S. 4bA redo.. WbT"Pba �E aE Midland A. his, Smme Vice Friendless �pt0 b1a� . _..,rat ' SEAL .. SEAL ,not �4� �[ SEAL +'n. mop 's, seas < H : +..�. a, m. a y �ml mood 43,rye!.I;mRpia 1�4I,x1R�t�? s Aaron Gran, Vice President a''ypytiR!!?iff ,tr '�Y'"' b IN WITNESS WHEREOF, Anwnwre Mutual Insurance Corollary, Ammonite Insurance Company and Amensure Partners Insurance Company have mused their official seals to the hereunto affixed, and these presents w be signed by their authorized officers this 25th day of Meath m2s . Ameruure Mutual Insurance Company Ameruure Insurance Company Ameruure Partners Insurance Company Smeoflllinou County organic On this 2%day of Mooch .20n. before me. a Notary Public personally appeared Michael A.Iw,of Ammwre MUNal insurance Compmy,Ameriwre Insurance Company and Amensure Pemaers Insurance Company and Amon tern of Anneriema Mutual Insurance Company, Amanart Insurance Company and Amenities, Partners Insurance Company, personally known he me, who being by as duly sworn, xknwwldpd that they signed the above PowerofAnomry as officers aFwd ackwwlMgd and instrument o be the r.Iunury sin and clad of their reapnive companies. fJFFlCUL HEAL M KENNY NOTARY PUBLIC. STATE OF RLN018 MY COMMSSKKI EXPIRES 12A0lm43 Y.fway,lasmy 1, Shearon K. Anderson, the duly elated Vice President, General Counsel & Catamde Secretary M Amerisure Mutual Insurance Compny, Amerim. Imurence Company and Ammwre Partners Insurance Company, do hereby certify par the wave and foregoing is a true red careen copy of a Power of Amway executed by said Compniw, which ..art,. full force and eRect. IN WITNESS WHEREOF, I have sad my hand and alSaed the eais ofthe Compniw this _d^ayaf_ 20223 v Shmura K. Audience, Vice Filament, General Camael & Conpona Smarmy, EXHIBIT C PREVAILING WAGE RATES Special Wage Detemination; Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City, Missouri. 61 Missouri Division of Labor Standards WAGE AND HOUR SECTION MICHAEL L. PARSON, Governor Annual Wage Order No. 29 Section 083 PLATTE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of Stale as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102- 0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Todd Smith, Director Division of Labor Standards Filed With Secretary of State: March 10, 2022 Last Date Objections May Be Filed: April 11, 2022 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for PLATTE County OCCUPATIONAL TITLE "Prevailing Hourly Rate Asbestos Worker $68.12 Boilermaker $32.16' Bricklayer $59.27 Carpenter $60.12 Lather Linoleum Layer Milliviright Pile Dover Cement Mason $32.16' Plasterer Communicffiions Technician $61 41 Electrician Inside Wiremen $65 93 Electrician Outside Linemen $32,16' Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Elevator Constructor $32.16' Glazier $56.63 Ironvrorker $66.13 Laborer $47.93 General Laborer First Semiskilled Second Semi -Skilled Mason $54.19 Marble Mason Marble Finisher Terramc, Worker Teu=o Finisher Tile Setter Tile Finisher Operating Engineer $59.08 Group I Group II Group III Group III -A Group IV Group V Painter Plumber Pi Fitter Roofer Sheet Metal Worker Sprinkler Fitter Truck Dnver N$32.16* Truck Control Service Driver Group I Group 11 GntuD III Group IV Section 083 'The Division of Labor standards received fewer than 1,000 reportable hours for this occupational title. TM public works wotrading minimum wage Is established for this occupational title using data provided by Missouri Economic Raseardi add Information Center. "The Prevailing Hourly Rate includes any applicable Mnge beneff amounts for each occupational title as definad in Section 290,210 RSMo. ANNUAL WAGE ORDER NO. 29 W22 Heavy Construction Rates for PLATTE County OCCUPATIONAL TITLE **Prevailing Hourly Rate Carpenter $60.24 Millwn ht e nver Electrician Outside Lineman $32.16- Uneman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Laborer $49.23 General Laborer Skilled Laborer Operating Engineer $56.99 Group I Group II Group III Group IV Truck Driver $49.73 Track Control Service Driver Group I Grou II Grou III Group IV Use Heavy Construction Rates an Highway and Heavy censtrucbon in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational tale that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate Sheet. Section 083 -The Division of Labor Standards received fewer than 1,000 reportable hours for this occupational title. The public works contracting minimum wage is established for this occupational Btle using date provided by Missouri Economic Research and Information Center. "The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title as defined in Section 290.210 RSMo. ANNUAL WAGE ORDER NO. 29 3122 OVERTIME and HOLIDAYS For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For all overtime work performed, not less than one and one-half (1'/2) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and A thirty -minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked. HOLIDAYS January first; The last Monday in May; July fourth; The first Monday in September; November eleventh; The fourth Thursday in November; and December twenty-fifth; If any holiday falls on a Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO. 29 3/22 EXHIBIT D Time for Completion HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228) Time for Completion: 06/30/2023 62 EXHIBIT E SCOPE OF WORK for HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No.620-228) Contractor shall perform the following Work as more fully set forth in the Contract Documents: All Work necessary to construct the HORIZONS AND 41 ST INTERSECTION IMPROVEMENTS as shown on and in accordance with the Technical Specifications and/or Drawings referred to in Exhibit F to the Agreement. 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: I. Schedule and Coordinate all necessary inspections. 2. Contractor shall coordinate with all utilities prior to the work starting, including contacting underground locator services. 3. Include all temporary utility fees and permits. 4. Include 3`d party Special Inspections as required to demonstrate compliance with project specifications, including but not limited to compaction and proof rolls and material testing. 5. Include all surveying, layout and field engineering required for the performance of this work. 6. Provide digital photographs of the preconstruction, construction, and post construction site (see Article IV Progress of Work / Submittals (F) for specifics) 7. Provide all weather provisions to meet the schedule set forth in the contract documents. 8. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process. 9. Provide all traffic control as required throughout the construction process. 63 EXHIBIT F TECHNICAL SPECIFICATIONS HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228) 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: DIVISION 1- SPECIFICATIONS PRr11FrT SPFr1AI. PROVIS1(1NR Section Description 1 3ENERAL REQUIREMENTS 2 3AWING, 3 LEARING AND GRUBBING 4 EMOLITION AND REMOVAL 5 JNCLASSIFIED EXCAVATION 6 OMPACTION OF EARTHWORK 7 ORTLAND CEMENT CONCRETE BASE 8 IDEWALK RAMPS & DETECTABLE WARNING SURFACES 9 RAFFIC SIGNAL INSTALLATION (HORIZONS PKWY AND NW 41st St) 10 STREET LIGHTING RELOCATIONS l I ERMANENT SIGNING INSTALLATION 12 MOVING EXISTING SIGNS 13 EMPORARY TRAFFIC CONTROL 14 LANDSCAPING 15SODDING 16 AWN SPRINKLER SYSTEM (MODIFICATION OF EXISTING SYSTEMS) 17REMOVE, STOCKPILE, AND REINSTALL MONUMENT SIGN 18CONTRACTOR CONSTRUCTION STAKING ADDENDA: No. Date No. Date No. Date No. Date No. Date No. Date No. Date 64 EXHIBIT G CRT�Y OF MISSOURI Up� f. oidk.".. NOTICE TO PROCEED DATE: February 15'h. 2023 PROJECT: HORIZONS AND 41ST INTERSECTION IMPROVEMENTS PROJECT NO.: 620-228 RESO: 2023-016 (approved February 7", 2023) TO: Contractor: Gunter Construction Company 520 Division Street Kansas City, KS 66103 You are hereby notified to commence work on or after the 15th day of February, 2023 in accordance with the Agreement dated February 15th. 2023. The date of substantial completion is 06/30/2023. The project shall be completed and ready for final payment by 07/12/2023. Receipt of the above NOTICE TO PROCEEE FFA (Nnred) this the day of , 2023. DATE: PROJECT: PROJECT NO.: EXHIBIT G CITY OF RIVERS MISSOURI Upstream from ordinary, NOTICE TO PROCEED HORIZONS AND 41 ST INTERSECTION IMPROVEMENTS 620-228 RESO: 2023-_ (approved February 7t°, 2023) TO: Contractor: Gunter Construction Company 520 Division Street Kansas City, KS 66103 You are hereby notified to commence work on or after the _ day of , 2023 in accordance with the Agreement dated February , 2023. The date of substantial completion is 06/30/2023. The project shall be completed and ready for final payment by 07/1212023. CITY OF RIVERSIDE BY: Brian E. Koml, City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged lW this the day of 2023. 65 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 nbenaion6iMversidemo.eov or by calling 816-372-9028) °1 W PAY APPLICATION NO. RIVE on. nep.Fea: a vrolen xo. un of xmeo,ea rose xomcer: x w xssa rvw w.wn xo.e vroie«rvame eq v�aFarnea: PharslEe Mlvqurla<350 Ori81^a onrar .— Fvyue or o a $ - rv�.mr..awrrusa..uarmwaa m <Mnpev<eanaoram. a v+lue or [omgmera one. $ e...n o.r..eaer Wx uH�Rxl $ nlxv nl bmr. arer r o e: $ lMraloipe'. e u v $ F eettnl $ ra: $ - Iwaup.smnwmrainy a N wMWethlt Appllu1—$ - p $ xhoietltomelere ro Dare roIVO �# m �nq n o u mpne a mxrwcrw amm n mmsn+�n a a vapmagle'am�ir'r2nnamm.++n rtav+M nP+Mnw ��ammgmmem� amrynwea �alstivenaaeemrtagmmmnpae �mgmaaeaganuvryranam..un awyme�mraxwxel. an Ol�ro^�^e�W ma�mnvexnarsnxmusreameecmirsi � FMnx PntG 9gme cxmrwma.anma p [panuemaNe. n4nwmmoewrFmvruvre h muma� .nmmpmmeueeurvn ond�e�� ryYlCm �a ue 66 Cn��MepF[TIYyn. rxngrr: ___ rva4 EXHIBIT I CHANGE ORDER (Contact Capital Projects and Parks Manager, Noel Rennion with the City of Riverside for an electronic version nbennion(a),riversidemo.eov or by calling 816-372-9028) �rmowi nreeew� r�q[usrus pry[syp[. ypwyn CHANGE ORDER NO. orxr.v. Contredar Name: bJ IMConl2[la nwb relb[I mryl [mVxl mvnl eeRmluYW lo[mer[osl rturtY Xn xWal5on51riw1eJ qw,l h Nee aN awnl a� en on tM OW Pr,mi �Mera.f� rm _ re Dub _ �)uwuuw �elunwmmcewov�T�wr�.[wwruenpn rinorur IYnw naFkkn !eµua Aigen Wee 17W rpW s9W bW FeW lOW bW rpm mW W. fO W fO W .: x!wae^an=sw m CONTUCIOR: merea.'asanrsr�eeeesc• •O�ee. '_wrwprr�aerueaw� ure[wu _sereerru[amunme ♦Mue �a�nw��T+nr«.a u xaanmf ••m onRnaramrr.��wm so W M Mnua d ne[w¢ gmem aq 0.Yxlnm IM CanvalnnwM PrW loink Pd��l SOW r�rt.xamk Nnoes saW so W rcnmlcwNel�co�ee<imwn ro�ro� CRYOF RN RSICE, MISSOURI: C4EnSlneer _. Tmk.0 a.. Clb SM1N11aheNr anon lwra - _. -_so-a ocz. ON -HIE PROJECT NNNRGER r awrku wm.a�.wkaw �ngrwrnr �+wLLe.aw✓•mw. myun.. m.u.n a.revm«e.wpmurr�aar.r. 6� MY of MISSOURI EXHIBIT J Certificate of Substantial Completion mnlnM alter anM,amial mmnlninn nf,he nroiee,l Project Name: HORIZONS AND 41ST INTERSECTION IMPROVEMENTS Project#: 620-228 Re uestor of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of the City, Contractor, and the Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between the City and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended The City's Amended Responsibilities: Contractor's Amended Responsibilities: 68 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer (Print& Sign) Date Accepted by Contractor (Print & Sign) Date Accepted by the City (Print & Sign) Date M EXHIBIT K AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW (to le completed a conclusion ofprojec) 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 HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228); (3) 1 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 ate 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. Contmmr Signature Printed Name Subscribed and sworn to me this day of , 20 Notary My Commission expires: 70 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 ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of. Goods or services from the State of Israel; Companies doing business in, or with, Israel Companies authorized by, licensed by, or organized under, the laws of the State of Israel; or Persons or entities doing business in the State of Israel. For a definition of the term "boycott", please refer to RSMo. §34.600.3. By signing below, the entity agrees and certifies that it does not currently, and will not for the duration of this contract, engage in any of the types of boycotts listed above. Contractor: ('pyyy�yt' 1 By: Name: A n2i V�yVt P�H� Title: 1 71 EXHIBIT M CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT no It completM at conclusion of protect) HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228) STATE OF SS: COUNTY OF ) The Undersigned, as follows: of lawful age, being first duly sworn, states under oath I. 1 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 m 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 canying 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 oftiee, 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 72 EXHIBIT N SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (tob completed 9 wnclusloo of po,ml) HORIZONS AND 41ST INTERSECTION IMPROVEMENTS (Project No. 620-228) 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. 1 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 teens and conditions of a subcontract as follows: Subcontract with: Work Perforated: Total Dollar Amount of Subcontract and all Change Orders: Contractor 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: (_ ) Missouri Corporation (� Foreign Corporation (_) Fictitious Name Corporation C_) Sole Proprietor (_) Limited Liability Company (—) Partnership (_) Joint Venture (_) Other (Specify) Subcontractor's Legal Name and Address Phone No Fax: Federal I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Print Name) NOTARY Subscribed and swom to before me this day of , 20 My Commission 73 (Signature) EXHIBIT O ENGINEER/CONSULTANT'S CERTIFICATION For Acceptance and Final Payment (to be eon,pletm at o wlusion ofproied) City of Riverside, Missouri Project Name: HORIZONS AND 41ST INTERSECTION IMPROVEME] Project No: 620-228 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 120. (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 74 DIVISION 1- SPECIFICATIONS 75 CITY OF RIVERSIDE, MISSOURI HORIZONS PARKWAY AND NW 41 ST STREET INTERSECTION IMPROVEMENTS PROJECT SPECIAL PROVISIONS 1 - GENERAL REQUIREMENTS...............................................................................................2 2 - SAWING................................................................................................................................. 11 3 - CLEARING AND GRUBBING............................................................................................. 11 4 - DEMOLITION AND REMOVAL........................................................................................... 11 5 - UNCLASSIFIED EXCAVATION.......................................................................................... 11 6 - COMPACTION OF EARTHWORK..................................................................................... 11 7 - PORTLAND CEMENT CONCRETE BASE....................................................................... 12 8 - SIDEWALK RAMPS 8 DETECTABLE WARNING SURFACES .................................... 12 9 - TRAFFIC SIGNAL INSTALLATION (HORIZONS PKWY AND NW 41ST ST).............. 12 10 - STREET LIGHTING RELOCATIONS.............................................................................. 13 11 - PERMANENT SIGNING INSTALLATION....................................................................... 13 12 - REMOVING EXISTING SIGNS........................................................................................ 13 13 - TEMPORARY TRAFFIC CONTROL................................................................................ 13 14 - LANDSCAPING................................................................................................................... 14 15 - SODDING............................................................................................................................. 21 16 - LAWN SPRINKLER SYSTEM (MODIFICATION OF EXISTING SYSTEMS) ........... 26 17 - REMOVE, STOCKPILE, AND REINSTALL MONUMENT SIGN ................................. 36 18 - CONTRACTOR CONSTRUCTION STAKING............................................................... 36 S-1 CITY OF RIVERSIDE, MISSOURI HORIZONS PARKWAY AND NW 41 sT STREET INTERSECTION IMPROVEMENTS PROJECT SPECIAL PROVISIONS 1 -GENERAL REQUIREMENTS 1.1 SCOPE OF WORK The work provided for in these Specifications shall consist of furnishing all labor, materials, appliances, and equipment, and performing all work and operations in connection with the construction of items and all other incidental and related work as set forth in these Specifications and as directed by the Engineer to make a complete and finished job. 1.2 CONTRACT SPECIFICATIONS The Specifications that shall govern the materials furnished and work performed in the construction of the work covered by the Contract or Contracts based thereon, are divided, classified, designated, and arranged as shown in the PROJECT SPECIAL PROVISIONS, TABLE OF CONTENTS attached hereto. No attempt has been made in the foregoing designated Specifications to segregate work to be performed by any trade, subcontract, or proposal hem, under anyone specification. Any segregation between trade or craft jurisdiction limits, and the establishment of subcontract limits, will be solely a matter of agreement between the Contractor and his employees and his subcontractors. The Specifications will govern the construction of the entire work, and the provisions thereof will govern each item and unit of work to which such provisions apply. 1.3 STANDARD SPECIFICATIONS The work shall conform to these Specifications and to the 'Standard Specifications" where reference is made herein. Where reference is made in the Specifications and Contract Documents to "Standard Specifications," it shall mean that the reference is made to the current edition of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA) specifications. The following table outlines the APWA sections to be followed for this project: Section Number Section Title 2100 Grading and Site Preparation 2150 Erosion and Sediment Control 2200 Paving 2300 Incidental Construction 2400 Seeding and Sodding 2600 Storm Sewers 2700 Structures 2800 Street Lights Deviations to the Standard Specifications are contained within the project special provisions. All the work related to the traffic signal installation shall utilize the 2021 Missouri Standard Specifications for Highway Construction and current edition of the Standard Plans. S-2 1.4 CONTRACT DRAWINGS The Contract Drawings or"Plans" on which the proposals and contracts are to be based, and which are to be supplemented by additional shop and dimension drawings of material and equipment and other drawings, where specified, are shown in the "Index of Sheets" on the cover sheet of the Plans. 1.6 SITE CONDITIONS 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. Protection of Monuments: The Contractor must carefully preserve bench marks, references or stakes and in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by the Contractor's operations and shall replace, at Contractor's own expense, in a manner approved by the Owner any such broken or damaged material. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items entering into the construction of the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor, except items designated as being provided by the City. An amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. 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. 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. 1.6 MEASUREMENT AND PAYMENT The quantities as given in the Bid Form are not guaranteed to be the exact or total quantities required for the completion of the Work shown on the drawings and described in the specifications. Increases or decreases may be made over or under the Bid Form estimated quantities to provide for needs that are determined by the Owner during the process of the Work. Contract unit prices shall apply to such increased or decreased quantities. The Bidder is warned against unbalancing his bid, since the unit prices will apply to deductions as well as additions. The Owner has the privilege of omitting or adding to any unit items in the Bid Form. Any discrepancies between the specifications and the existing conditions shall be referred to the Owner for adjustment, before the work is performed. 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 S-3 responsible for unused materials which may have been ordered by the Contractor in accordance with the estimated quantities listed in the Bid Form. It is the intent of the Contract Documents that all costs in connection with the Work, including furnishing of all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the Work, shall be included in the unit and lump sum prices named in the Bid Form. No item of Work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the Bid Form. All Work not specifically set forth in the Bid Form as a pay item shall be considered a subsidiary obligation of the Contract, and all cost in connection therewith shall be included in the process named in the Bid Form. If item does not appear in the Bid Form, or if said item is a part of another item listed in the Bid Form, it will not be measured for payment. Whenever in the Bid Form there is a discrepancy between unit prices and extensions or totals, the unit prices will govern, and the extensions or totals will be corrected accordingly. 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. Payment will be made as the sum of the following: 1. Final authorized quantity of each item in the Bid Form multiplied by the contract unit price therefore. 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. 1.7 EROSION AND SEDIMENT CONTROL 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. 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. Initially installed quantities will be paid by measured quantity and unit price for "Silt Fence", "Biodegradable Logs," and "Inlet Protection." Repairs to erosion control throughout the project are considered subsidiary. 1.8 COORDINATION 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. S-4 The Contractor will be responsible for notifying the Resident Project Representative in writing of the dates when construction will begin and end. The City will notify the school district, fire, and police departments, and the local newspapers. 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. Project Coordination Meetings: In addition to the above said coordination responsibilities, the Contractor shall attend construction progress meetings with the Resident Project Representative on a monthly basis (at a minimum). Additional meetings may be held as needed. No direct payment will be made for this item but shall be considered subsidiary to other bid items. 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. 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. The Contractor is solely responsible for all Assignments of Work among subcontractors 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. 1.9 JOB SITE ADMINISTRATION The Contractor, or a duly authorized representative to act for the Contractor, shall continually be present at the site of the work, whenever construction activities are underway, for the duration of this project. The Contractor shall designate, in writing, the duly authorized representative(s) at the preconstruction meeting. The duly authorized representative(s) will be the official liaison between the Owner and Contractor regarding the signing of pay estimates, change orders, workday reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Owner shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 1.10 MOBILIZATION OF EQUIPMENT a. Description Move required personnel, equipment, materials, suppliesand incidentals to the project site prior to beginning work. This work includes other work and costs incurred before the project starts. All equipment used by the Contractor having metal tracks shall not be driven over City streets other than those streets being constructed. Such equipment must be transported from one work area to the next work area. S-5 Observe legal load restrictions when operating equipment, hauling equipment, or hauling materials on public roads; newly constructed/reconstructed base, pavement, and structures; and any existing base, pavement or structures that will remain in place. Assume responsibility for changes in legal load restrictions that occur after the project was let. Obtain the Engineers written approval and a special permit to exceed legal load restrictions on the City street system and on newly constructed/reconstructed portions of the project. Protect roadways and structures within project limits from damage. Observe curing periods before operating equipment or hauling loads on newly constructed pavement, reconstructed pavement, or structures. Do not haul loads of any size on pavement base, except when operations require equipment on pavement base to place material. The Contractor shall assume all responsibility for damages to roadways and structures caused by the Contractor from operating equipment or hauling loads. No direct payment will be made for Mobilization as it shall be considered subsidiary to other bid items in the contract. 1.11 SUBMITTALS Shoo Drawings: A minimum of two (2) copies each of manufacturer's shop drawings and data sheets shall be submitted to the Owner indicating the necessary installation dimensions, weights, materials and performance information. The shop drawings shall be distributed as follows: One (1) copy for the City and one (1) copy for the prime Contractor. The Contractor shall supply additional copies as necessary for any subcontractors. Submittals for equipment and materials shall include reference to indicate where it is to be used; whether by tag number, specification paragraph, or description of use. Approval of shop drawings will be for conformance with the design concept of the project and for compliance with the information given in the Technical Specifications. The approval of a separate item, as such, will not indicate approval of the assembly in which the item functions. Submittals: Required submittals include but are not limited to the following: Aggregate (other than those used in pavements or structures) A. Gradation Test Results B. Soundness Test Results Fill Material A. Source for Material B. Moisture -Density Relationships 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 S-6 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) 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 KCAPWA. 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 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. Storm Sewer A. Piping 1) Certification of Piping and Fittings B. Structures 1) Precast Shop Drawings 2) Catalogue Cuts on Metal Castings Pavement Marking Materials A. Certification that all materials used are in compliance with specifications included herein Silt Fence A. Manufacturer's information showing compliance with KCAPWA. Utility Conduits A. Certification that all materials used are in compliance with specifications included herein. 1.12 INSPECTION OF WORK The Contractor shall not commence placing concrete or backfilling of pipe/structures until such time as the City Engineer or his authorized representative has made inspection. Form location, grades, slopes and subgrade shall have been approved prior to placing any concrete. 5-7 1.13 BRACING AND SHORING It shall be the contractors responsibility to brace and shore existing structures during construction. Any additional damage to or collapse of existing structures during the contract period shall be the sale responsibility of the Contractor. The Contractor shall brace and shore all trenches in full accordance with Occupational Safety and Health Standards - Excavations; Final Rule 29 CFR Part 1926. Bracing and shoring shall not be paid for directly but shall be considered subsidiary to other bid items. No additional payment shall be considered for increased quantities of earthwork, asphalt removal and replacement, or increases in other items as a result of compliance with this specification. 1.14 SAMPLING AND TESTING Work under this item shall consist of furnishing all materials, labor and equipment necessary for a private testing laboratory to provide the material testing for items incorporated into the project. The tests, frequency and reports required to confirm contract compliance shall be as specified in the KCAPWA Standard Spectications unless otherwise noted below: One copy of the test results shall be submitted to the Owner electronically within 24 hours of the test completion. The testing lab must be agreed upon by the Contractor and the Owner. No direct payment shall be made. This item shall be considered subsidiary to the bid items of the materials being tested. 1.15 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 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 Contractors activity. The Contractor shall restore the site of work and adjacent disturbed areas to the condition existing before work began as a minimum. No direct payment shall be made. This item shall be considered subsidiary. 1.16 TRAFFIC SAFETY When working in the traveled way, the Contractor shall provide adequate and suitable barriers, signs, warning lights, baggers, and all other equipment necessary to direct and reroute traffic and protect the public from moving or stationary vehicles, equipment, and materials, and other obstructions. Also, adequate protective warning lights and signs shall be provided to warn of any obstruction or excavation in the street, and easement area. All barricades, signs, lights and other protective devices in public right-of-way and easements shall be installed and maintained in conformity with applicable statutory requirements, the latest edition of the "Manual on Uniform Traffic Control Devices", and the Missouri Department of Transportation (MoDOT) traffic standards. S-8 The Police Department and Fire Department shall be notified prior to closing a street with the approval of the City Engineer. 1.17 NOTIFICATION OF PROPERTY OWNERS The Contractor shall provide advance notification to the adjacent property owners on all phases of the operations. 1.18 TREE AND PLANT PROTECTION All trees and other vegetation which must be removed to perform the work shall be removed and disposed of by the Contractor; however, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the drawings. All trees and plants not removed shall be protected against injury from construction operations. The Contractor shall take extra measures to protect trees designated to be preserved, such as erecting barricades or fences around the drip line, and trimming low hanging branches to prevent damage from construction equipment. Barricade or fence shall not be removed without consent of the Engineer. When the Contractor is performing any work that may damage the tree, hand excavating or tunneling methods shall be used. Where encroachment by vehicles or equipment is expected within the drip line of the tree, the contractor will be required to place at least a 6 inches layer of organic mulch on top of the affected area to offset possible compaction. Such trees shall not be endangered by stockpiling excavated material or storing equipment within the drip line of the tree. No backfill material exceeding 4 inches in depth shall be placed within the drip line area of any tree designated to be preserved without prior consent from the Engineer. When excavation is required within the drip line of any protected tree, the contractor shall take extra measures to protect as many roots as possible. All roots to be cut or removed shall be "cut" with a chain saw, trencher, or other methods as approved by the engineer that will leave a smooth cut surface. All roots exposed during excavation shall be protected to prevent the roots from drying out by covering the exposed area with canvas or budap, peat moss, or mulch, and kept damp until the area has been backfilled. Where shown on the plans, trees requiring root removal of one third or more of the circumference of the root system, may require the pruning of limbs on the opposite side of the root removal or thinning the entire tree equally as directed by the Engineer. All pruning, repair, and replacement of trees and plants shall be performed by qualified nurserymen or arbonsts. Trees requiring trimming are as noted on the plans. This work shall not be paid for directly but shall be considered subsidiary to other bid items. When the injury or removal of trees designated to be preserved cannot be avoided; each tree injured beyond repair or removed shall be replaced with a similar tree, or provide compensation to the City as determined by the Engineer. 1.19 WEEDS The Contractor shall restrict the excessive growth of weeds, grasses, and other uncultivated vegetation within the project limits. The Contractor shall cut down any excessive growth by mowing or trimming or as directed by the engineer. No direct payment will be made for this work as it shall be considered subsidiary to other bid items in the contract. S-9 1.20 RESTORATION a. Pre -Restoration Meeting The Contractor shall be responsible for scheduling a pre -restoration meeting within 1 (one) week prior to beginning final grading, select soil placement, and restoration of the sodded areas in the project. The time and location of the meeting shall be approved by the Project Engineer, with required attendance by the Contractor's superintendent and any/all subcontractors involved in the restoration. The purpose of this meeting is to discuss in detail the requirements of sod restoration in the Specifications. At this meeting the Contractor shall provide: (1) A complete schedule of operations and proposed methods for soil preparation, sod placement, and watering. (2) A list of the equipment to be used for soil preparation and compaction, fertilizer distribution, sod delivery, placement and rolling, and watering. (3) The proposed source or sources of the sod, select soil, and water. (4) A list or set of "marked up" plans indicating the proposed location of each type of sod. (5) A list of at least 3 locations that the sod crew to be used on this project has placed sod within the previous 2 weeks. 1.21 UTILITY MEETINGS AND UTILITY ADJUSTMENT It shall be the duty of the Contractor to notify the serving utility companies of pending construction operations and the schedule of same, prior to any work being done on this project. The Engineer will furnish plans to the utility companies for their records. These companies will relocate and adjust their own facilities at no cost to the Contractor. The Contractor shall be responsible for the adjustmentand protection of all sanitary and storm sewer facilities. Some minorgrading and backfll work may be required of the Contractor at locations of utility adjustments. This work shall be considered subsidiary to other items of work. The Contractor shall be responsible for holding periodic utility meetings with the City, the Engineer, and utility companies during the relocation of utility lines. The frequency of meetings will initially be bi-weekly (or more frequently if necessary) and then, as relocation work begins to diminish, will be held more infrequently. The Contractor shall keep minutes of the meetings and send copies to all those in attendance. 1.22 RIGHT-OF-WAY It is anticipated that all work will be performed within existing right of way and easements. The Contractor shall confine his construction operations to the existing right-of-way limits and easements established for the project. Equipment or materials shall not be stored beyond these limits without the express approval of the owner of such property. The Engineer shall be informed as to any arrangements that Contractor makes on his behalf in these matters. 1.23 CONSTRUCTION SCHEDULE After being awarded the contract, the Contractor shall immediately prepare a Critical Path Method (CPM) schedule for approval by the City Engineer that will ensure completion of the project within the contract time. This schedule shall be submitted and approved by the City Engineer before a Notice to Proceed is issued. No work on this contract shall begin until said schedule is approved. The City reserves the right to adjust the Contractor's schedule to coordinate with any other projects in the same area. 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 5-10 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. No direct payment shall be made. 1.24 AS -BUILT PLANS The contractor shall be responsible for maintaining a set of plans on site that contains red line markups for any approved deviations in the plans for the purpose of a record as -built set of plans. This set shall be delivered to the Engineer upon final completion of the project. 2 - SAWING 2A GENERAL 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. 2.2 MEASUREMENT AND PAYMENT All required sawing including curb and gutter, removal and replacement, and any other sawing shall be subsidiary to other bid items. 3 - CLEARING AND GRUBBING 3.1 MEASUREMENT AND PAYMENT The Engineer will measure the clearing and grubbing by the lump sum. Payment for "Clearing and Grubbing" at the contract lump sum price is full compensation for the specified work. 4 - DEMOLITION AND REMOVAL 4.1 MEASUREMENT AND PAYMENT The Engineer will measure the removal of existing structures by the lump sum. Payment for "Demolition and Removal" at the contract lump sum price is full compensation for the specified work. 5 - UNCLASSIFIED EXCAVATION 5.1 MEASUREMENT AND PAYMENT Payment for this work shall be based on plan quantity and will be paid for at the contract unit price bid per cubic yard for "Unclassified Excavation". 6 - COMPACTION OF EARTHWORK 6.1 MEASUREMENT AND PAYMENT No separate payment will be made for water required for compaction of subgrade. 6`K The amount of completed and accepted work shall be paid for based on plan quantity at the contract unit price bid per cubic yard for "Compaction of Earthwork" of the specified type and moisture range. 7- PORTLAND CEMENT CONCRETE BASE 7.1 DESCRIPTION This section includes the construction of Portland cement concrete base. This work shall be performed in accordance with Section 505 of the Missouri Standard Specifications for Highway Construction, latest revision. 7.2 MEASUREMENT AND PAYMENT The amount of completed and accepted work shall be paid for based on plan quantity at the contract unit price bid per square yard for "Portland Cement Concrete Base (9")." 8 - SIDEWALK RAMPS & DETECTABLE WARNING SURFACES 8.1 DESCRIPTION This work shall be constructed in accordance with the lines and grades shown on the Drawings. 8.2 MEASUREMENT AND PAYMENT The Engineer will measure sidewalk ramps by the square foot of final exposed area of the entire ramp. The Engineer will measure the detectable warning surface by the square foot of final exposed area. Final exposed area shall be that area exposed after installation of detectable warning surfaces and backfill operations are complete. Payment for "Sidewalk Ramps (8") (KCMMB4K)" and "Detectable Warning Surface" al the contract unit prices bid is full compensation for the specified work. 9 - TRAFFIC SIGNAL INSTALLATION (HORIZONS PKWY AND NW 41ST ST) 9.1 DESCRIPTION This work shall consist of furnishing all labor, materials and equipment to complete in place the traffic signal work as shown on the Drawings (including standard details), as specified in the Missouri Department of Transportation's Section 902 Traffic Signals of the Missouri Standard Specifications for Highway Construction and Missouri Standard Plans for Highway Construction, latest revisions. 9.2 MEASUREMENT AND PAYMENT The Engineerwill measure the traffic signal installation as indicated on the Drawings, complete -in - place and accepted, as a unit lump sum quantity for all work necessary. Payment for "Traffic Signal Installation (Horizons Parkway and N W 41 "` Street)" at the contract lump sum price bid is full compensation for the specified work. 5-12 10 - STREET LIGHTING RELOCATIONS 10.1 DESCRIPTION The Contractor shall coordinate with Evergy for the removal and resetting of existing street light poles on new foundations as shown on the Drawings. This work is to be performed by Evergy and will be completed under a separate contract with the City. The Contractor shall coordinate the planned construction schedule with Evergy to minimize potential downtime of the street lighting equipment. 10.2 METHOD OF MEASUREMENT No direct payment will be made for this item. 11 -PERMANENT SIGNING INSTALLATION 11.1 DESCRIPTION Permanent signing installation shall consist of furnishing and installing post -mounted highway signs as shown on the Drawings and conform to Section 903 Highway Signing of the Missouri Department of Transportation's Missouri Standard Specifications for Highway Construction and Missouri Standard Plans for Highway Construction, latest revisions. 11.2 METHOD OF MEASUREMENT The Engineer will measure permanent signing installation by the lump sum, for complete signing installation as shown on the Drawings. Payment for "Permanent Signing Installation" at the contract lump sum price bid is full compensation for the specified work. 12 - REMOVING EXISTING SIGNS 12.1 DESCRIPTION Existing sign removal shall consist of the complete removal of highway signs, signposts, and foundations as shown on the Drawings. 12.2 METHOD OF MEASUREMENT The Engineer will measure the removal of existing signs by the lump sum. Payment for "Removing Existing Signs" at the unit prices bid is full compensation for the specified work. 13- TEMPORARY TRAFFIC CONTROL 13.1 DESCRIPTION Temporary Traffic Control shall conform to Part VI of the Manual on Uniform Traffic Control Devices (MUTCD). Construction operations shall be coordinated to result in the least practicable delay to traffic. 13.2 METHOD OF MEASUREMENT The Engineer will measure traffic control by the lump sum, including all signs, barricades, warning lights, naggers, temporary pavement markings and all other equipment necessary to safely direct and control traffic. S-13 Payment for "Temporary Traffic Control" at the contract lump sum price bid is full compensation for the specified work. 14 - LANDSCAPING 14.1 DESCRIPTION a. Work Included The Contractor shall furnish all labor, materials, tools, equipment, supervision, and services necessary to install plant material, preparation of soil, fine grading, planting, mulching, pruning, watering, and the proper disposal of any excess earth or debris, all in accordance with the accompanying Drawings and these Specifications. b. Summary Section Includes: (1) Plants. (2) Mulch. (3) Landscape edgings. c. Related Sections (1) Section 15 — Sodding d. Definitions (1) Backfll: The earth used to replace or the act of replacing earth in an excavation. (2) Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. Pesticides include insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. They also include substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. Some sources classify herbicides separately from pesticides. (3) Root Flare: Also called "trunk flare." The area at the base of the plant's stem or trunk where the stem or trunk broadens to form roots; the area of transition between the root system and the stem or trunk. e. Action Submittals Prior to delivery to the job site, contractor shall submit to the Owner or Landscape Architect the source and supplier of all plant material, fertilizer and mulch, and other materials along with the type of equipment to be used on this project. (1) Product Data: For each type of product. (2) Samples of each type of mulch. f. Information Submittals (1) Product certificates. (2) Sample warranty. g. Quality Assurance (1) Regulatory Requirements (a) Comply with applicable requirements of Federal, State, and Loral laws, regulations and codes having jurisdiction at the project she. (b) Contractor shall be responsible for certificates of inspection of plant material that may be required by Federal and Local authorities to accompany shipments of plants. (2) Reference Standards (a) "Standardized Plant Names" by the American Joint Committee of Horticultural Nomenclature. S-14 (b) "American Standard of Nursery Stock" by the American Association of Nurseryman. (c) American National Standards Institute (ANSI); Publication Z60.1. (3) Substitutions Substitutions of plant material will not be permitted unless authorized in writing by Owner or Landscape Architect. If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract Price. Such proof shall be substantiated and submitted in writing to the Owner and Landscape Architect at least thirty (30) days prior to start of the work under this Section. These provisions shall not relieve the Contractor of the responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in orderto supply specified materials. (4) Condition and Source of Plants Plants shall be subject to review and approval by the Owner or Landscape Architect upon delivery for conformity to Specifications. Such approvals shall not impair the right of review and rejection during progress of the Work. Submit written request for inspec- tion of plant material at place of growth and quantity of plants to be inspected. (5) Coordination Work in conjunction with other trades as directed, taking all reasonable precautions to avoid disturbance or interference with any other operation or installation on the site. Contractors shall be responsible for the cost of replacing any material damaged as a result of his/her negligence. (6) Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. (a) Pesticide Applicator: Stale licensed, commercial. (7) Provide quality, size, genus, species, and variety of plants indicated, complying with applicable requirements in ANSI Z60.1. h. Delivery, Storage, and Handling (1) Storage of Materials All materials delivered to the job shall be stored so as to keep them in new condition and free from deterioration. Peat moss, fertilizer, etc., shall be stored in temporary sheds off - site at Contractor's expense. (2) Packaged Materials Deliver packaged materials in unopened containers showing weight, analysis, and name of manufacturer. Protect materials from deterioration during delivery and while stored at site. (3) Plant Material (a) Plants shall not be delivered to the site until the corresponding beds are fully prepared. All shipments of nursery materials shall be thoroughly protected from the sun and from drying winds during transit. All plants which cannot be planted at once after delivery to the site of the work shall be well protected against the possibility of drying by wind and sun. Balls of earth on B&B plants shall be kept covered with soil or other acceptable material. All materials heeled -in on the property shall be adequately watered. (b) Do not prune trees and shrubs before delivery. Protect bark, branches, and root systems from sun scald, drying, wind bum, sweating, whipping, and other handling and tying damage. Do not bend or bind -lie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of plants during shipping and delivery. Do not drop plants during delivery and handling. (c) Handle planting stock by root ball. 5-15 (d) Store bulbs, corms, and tubers in a dry place at 600 to 650 F until planting. (a) Deliver plants after preparations for planting have been completed, and install immediately. If planting is delayed more than six hours after delivery, set plants and trees in their appropriate aspect (sun, filtered sun, or shade), protect from weather and mechanical damage, and keep roots moist. (4) Review of Stock All planting stock shall be inspected as required by Local, State, or Federal laws, and upon delivery at premises shall be subject to review by the Owner and/or Landscape Architect. All plant material is subject to rejection by the Owner and/or Landscape Architect either at time of delivery or after planting, provided it does not comply with the requirements stated herein. Any rejected stock shall be immediately removed from the premises and replaced with approved stock. I. Job Conditions (1) Examination of Site: (a) The bidder must acknowledge that he has examined the site, Drawings and Specifications and the submission of a quotation shall be considered evidence that examinations have been made. (2) Field Conditions: The Contractor shall verify drawing dimensions with actual field conditions and inspect related work and adjacent surfaces. The Contractor shall report to the Landscape Architect all conditions which prevent proper execution of this work. (3) The Contractor shall determine the exact location of all existing utilities, structures, and geogrid reinforcement before commencing work. The Contractor shall conduct his work so as to prevent interruption of service or damage to them. The Contractor agrees to be fully responsible for any and all damage which might be occasioned by the Contractor's failure to exactly locate and preserve any and all utilities, structures, and geogrid reinforcement. j. Sequencing and Scheduling (1) Planting Time: Proceed with and complete planting as rapidly as portions of the site become available, working within seasonal limitations for each kind of landscape work required. (2) Planting Dates: (a) Trees, shrubs, and perennials shall be planted only when the ground is not frozen, snow covered, or in an otherwise unsuitable condition for planting. Spring planting shall generally occur between February 15 and May 31, and fall planting shall generally occur between September 1 and December 15. k. Materials Clean -Up The Contractor shall keep the premises free from rubbish and all debris associated with their work at all times and all unused materials and debris shall be removed from the site. I. Warranty All plant material (trees, shrubs, etc.) and planting supplies (bark mulch, etc.) shall be warranted for a period of not less than one (1) year from the date of issuance of the letter of Substantial Completion. All replacement stock shall be subject to the same warranty requirements as the original stock. Any damage due to replacement operations shall be repaired by the Contractor. At the end of the warranty period, inspections shall be made jointly by the Owner, Landscape Architect, and Contractor. All plants not in a healthy growing condition shall be removed and replaced with plants of a like kind and size before the close of the next planting season and before issuance of the letter of Final Completion. Special Warranty: Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period. 5-16 (1) Failures include, but are not limited to, the following: (a) Death and unsatisfactory growth, exceptfordefects resulting from abuse, lack of adequate maintenance, or neglect by Owner. (b) Structural failures including plantings falling or blowing over. 14.2 PRODUCTS a. Topsoil Topsoil shall be fertile, natural topsoil, typical ofthe locality. Stockpiled topsoil may be used. It shall be free of subsoil, slag, clay, stones, lumps, sticks, plants or their roots, toxic substances or other extraneous matter that may be harmful to plant growth or would interfere with future maintenance. Topsoil pH range shall be 6.0 to 7.0. (1) Soil Testing: (a) Onsite Topsoil — The Contractor shall be responsible for having onsite topsoil tested by the Local County Extension Office to determine the amounts of amendments needed to meet the desired pH, nutritional organic levels determined to be adequate for the area by the County Extension Agent. The Contractor shall submit topsoil tests to the Landscape Architect. (b) Offsite Topsoil -The Contractor shall be responsible for having offsite imported topsoil tested by the Local County Extension Office to determine the amounts of amendments needed to meet the desired pH, nutritional organic levels determined to be adequate for the area by the County Extension Agent. The Contractor shall submit topsoil tests to the Landscape Architect. (2) Soil Conditioners and Amendments: (a) Aluminum sulfate shall be horticultural grade. (b) Peat shall be a natural product of sphagnum peat (peat moss), derived from a fresh -water site conforming to ASTM D 2607 except as otherwise specified. Peat shall be shredded and conditioned in storage piles for at least 6 months after excavation. (c) Sand shall be clean and free of toxic materials. (d) Vermiculite shall be horticultural grade and free of any toxic materials. (a) Rotted manure shall be unleached stable or cattle manure not less than 8 months or more than 2 years old, containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; and containing no chemicals or ingredients harmful to plants. The manure shall be heat treated to kill weed seeds. (f) Rotted sawdust shall have 7.5 pounds of nitrogen added uniformly to each cubic yard and shall be free of chips, stones, sticks, soil, and toxic substances. (g) Gypsum shall be 90 percent pure, free of any toxic materials, and at least 95 percent by weight shall pass a 4-mesh sieve. (h) Other amendments as recommended by County Extension Agent. (3) Treatment of Saline Soil: Saline soil shall be leached out by a controlled amount of water sufficient enough to leach the salts to a level below the root zone. Water used for this purpose shall have a low salt content. b. Planting Soil Mixture The "topsoil mixture" shall be composed of on -site or off -site topsoil and additional soil amendments appropriate for the location and plantings based on the soil test provided in the appendix. 5-17 The "planting soil mixture" for all planting pits shall be 80%topsoil mixture, 10%peat moss, and 10% well composted manure. Mix thoroughly for uniformity of texture and distribution before placing in pit. c. Plant Stock Plant material shall be first quality stock and shall conform to the code of standards set forth in the current edition of the American Standards of Nursery Stock sponsored by the American Association for Nurserymen, Inc. Furnish nursery -grown plants true to genus, species, variety, cultivar, stem form, shearing, and other features indicated in Plant List, Plant Schedule, or Plant Legend indicated on Drawings and complying with ANSI Z60.1; and with healthy root systems developed by transplanting or root pruning. Provide well -shaped, fully branched, healthy, vigorous stock, densely foliated when in leaf and free of disease, pests, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. Root -Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which begins at root flare according to ANSI Z60.1. Root flare shall be visible before planting. Species and variety as specified on the Drawings and delivered to the site shall be certified true to their genus, species and variety and as defined within the current edition of "Standardized Plant Names" by the American Joint Committee of Horticultural Nomenclature. The Contractor shall facilitate inspection and identification by labeling of trees, shrubs, and perennials with a durable waterproof label and weather -resistant ink. Labels shall state the correct plant name and size as specified in the plant list of required plants. Labels shall be securely attached to plants and shall be legible for60 days after delivery to the planting site. Wire identification tags shall not be used. Plants not labeled will be rejected. The Contractor shall remove all tags after the Landscape Architect's acceptance of the installation. Plants shall be nursery grown and shall be of varieties specified in the plant list bearing botanical names. Planting stock shall be well -branched and well formed, sound, vigorous, healthy, free from disease, sun -scale, windburn, abrasion, and harmful insects or insect eggs; and shall have healthy, normal unbroken root systems. Deciduous trees and shrubs shall be symmetrically developed, of uniform habit of growth, with straight trunks or stems, and free from objectionable disfigurements. Evergreen trees and shrubs shall have well -developed symmetrical tops with typical spread of branches for each particular species or variety. Evergreen trees and shrubs shall not be sheared. Plants shall have been grown under climatic conditions similar to those in the locality of the project. Deciduous plants shall be dug in a dormant stage only. Stock Sizes: All stock measurements - caliper, height, branching level, number of canes, ball sizes shall be in strict accordance with the latest edition of the American Standard for Nursery Stock, unless otherwise noted on the plans. Plants used on the project shall meet or exceed all minimum requirements indicated in the size, condition, and remarks sections of the planting legend on the plan sheets. All stock shall be balled and burlapped or container grown stock. Barerool stock of any kind is unacceptable. All plant material must be watered the same day it is planted in order to comply with these Specifications. d. Fertilizer All fertilizers shall be horticultural grade complete formula fertilizers and shall conform to the applicable State Fertilizer Laws. S-IB Plant Stock: Fertilizer shall be "AGRIFORM" slow release fertilizer tablets. To be applied per manufacturer's specifications. e. Mycorrhizal All mycorrhizal shall be horticultural grade complete formula mycorrhizal and shall conform to the applicable State Mycorrhizal Laws. (1) MYKE Pro Landscape Granular Mycorrhizal Inoculant (a) Distributor: Subject to compliance with requirements, provide products by the following: (b) Arbor Valley Nursery, Brighton, CO, (303) 654-1682, ArborValleyNursery.com (c) For approved equal, reference specific written instructions from manufacturer f. Mulches for Plantings Hardwood Mulch: Mulch in all open planting beds labeled as hardwood mulch shall be shredded double ground oak or dark hardwood mulch of its natural color. Cypress, or dyed or colored mulch is unacceptable. Bark shall be of a relative uniform particle size with a median size of one and one-half inches (1-1/2") and shall be free of sticks, stones, leaves and any other debris. g. Edging Shrub bed edge adjacent to turf areas bed edging adjacent to concrete curb, pavement and sidewalk shall be manicured "V' edge per details. h. Water Water shall not contain elements toxic to plant life. It shall be the Contractor's responsibility to obtain water to be used for watering of plant material. I. Anti -desiccant Anti -desiccant shall be an emulsion that will provide a film over plant surfaces permeable enough to permit transpiration, and not damage the plant. j. Herbicides Herbicides used must comply with all applicable State and Federal laws and be registered with the U.S. Environmental Protection Agency. (1) Herbicide control shall be: Pre -emergence application of "Dacthal" or equivalent applied according to manufacturer's recommendations and incorporated into sail as specified. Herbicide shall be in dry/pellet form. (2) Post -emergence application of "Roundup" or equivalent, applied as specified by manufacturer. Use with extreme care to avoid contact with landscape plantings. k. Pesticides General: Pesticide registered and approved by the EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. 14.3 EXECUTION a. General Preparation (1) Clearing (a) All planting bed areas are to be cleared by the Contractor. (b) Clearing shall consist of the satisfactory removal and disposal of brush, rubbish, and other vegetative growth occurring within all planting bed areas. All debris associated with this work shall be gathered and removed from the project by the Contractor. (2) Preparation of Planting Mixture 5-19 (a) Mix recommended soil amendments and fertilizers with topsoil at rates recommended by the soil test results. Delay addition of fertilizer if planting mixture will not be used within two (2) days. (3) Protection of Existing Vegetation (a) All areas under drip lines of existing trees shall be kept free of construction equipment, trailers, material storage, and vehicles. (b) Exercise extreme care when working around existing trees to remain. No soil scarification or compaction from construction vehicles shall occur under any existing tree dripline. (c) In areas of established turf, the surrounding turf area shall be covered in a manner that will provide protection before excavations begin. b. Tree, Shrub, and Perennial Planting All planting shall be performed by personnel familiar with the accepted procedure of planting and under the constant supervision of a qualified planting foreman. All planting is to be done as shown on drawings and as specified herein and in strict accordance with standard horticultural practices. Layout (1) Plant material locations and planting bed outlines shall be staked on the project site by the Contractor and approved by the Owner or Landscape Architect before any plant pits or beds are excavated. Plant material locations and bed outlines may be adjusted by the Landscape Architect to meet field conditions. Installation of Trees and Shrubs (1) Planting pits shall be excavated to produce vertical sides and flat bottoms. Scarify side walls to alleviate glazing and loosen any hard subsoil in bottom of pit. Minimum pit sizes shall be as shown on drawings. (2) Dispose of all subsoil, clay, and rock (off -site) removed from planting excavations. The top six (6) inches of topsoil excavated from the planting pit, if free from subsoil, clay, rocks, roots, or other debris, may be utilized in the topsoil mixture as specified. (3) Setting Plants (a) Balled and burlapped and container grown plants shall be handled and moved only by the ball or container. Plants shall be set plumb and held in position until a sufficient quantity of planting soil mixture has been firmly placed around roots or ball. Plants shall be set in relation to surrounding grade so that they are 2" higherthan the depth at which they are grown in the nursery, collecting field, or container. Fertilizer in tablet form shall be placed prior to backfilling and in accordance with the manufacturer's specifications. (b) Apply Mycorrhizal to the top 2/3 of root balls of all plant material according to the manufacturer's recommended rates. Inoculant must be physically rubbed onto the root ball thoroughly prior to backfilling planting hole. There is no restriction for use of slow release fertilizers with Mycorrhizal inoculant. (c) Ball and burlap stock shall be backfilled with the specified planting soil mixture to approximately half the depth of the ball and then tamped and watered. Burlap and tying materials shall be carefully removed from top 1/3 of root ball. The remainder of backfll of planting soil mixture shall be tamped and watered. (d) Container -grown stock shall be removed from containers without damaging plant or root system. Planting shall be completed as specified for ball and burlap plants. (4) Edging Planting Beds All planting beds shall be edged as indicated on the drawings. (5) Mulching (Hardwood) 5-20 (a) Prior to the installation of mulch, all areas to be covered shall be weed free and treated with the specified pre -emergent herbicide as specified herein. (b) Mulch for planting beds shall be installed to a minimum depth ofthree inches (W) in all planting bed areas specified on the Drawings. (c) Mulching shall take place within 48 hours after planting. (d) Mulch shall be kept out of the crowns of shrubs and off walls, sidewalks, light standards, and other structures. (a) The top of all areas covered with mulch shall be 1" below the top of adjacent curb, walk, wall, wall cap, or edge of pavement. (6) Pruning: The Contractor shall prune new plant material in the following manner: Dead and broken branches shall be removed. Evergreen plants shall not bethinned out or sheared. Shrubs shall not be sheared. All plants shall meet or exceed the minimum requirements indicated in the size, condition, and remarks sections of the planting legend on the plan sheets after pruning has taken place. Cuts shall be made with sharp instruments, and shall be flush with trunk or adjacent branch to ensure elimination of stubs. "Headback" cuts at right angles to line of growth shall not be permitted. All trimmings shall be removed from the site. c. Tree, Shrub, and Vine Pruning Remove only dead, dying, or broken branches. Do not prune for shape. Do not apply pruning paint to wounds. d. Plant Maintenance The Contractor shall maintain trees, shrubs, and other plants by pruning, cultivating, and weeding as required for healthy growth until issuance of the letter of Substantial Completion for the entire site and scope of work. The Contractor shall tighten and repair stake and tree tie systems, reset trees and shrubs to proper grades or vertical position, restore or replace damaged wrappings, and apply herbicides and pesticides to keep trees, shrubs, and other plant material free of insects and disease as required until issuance of the letter of Substantial Completion. The Contractor shall be responsible for watering trees, shrubs, and other plant material until the new irrigation system is completely functional and the letter of Substantial Completion has been issued. Watering shall supplement natural rainfall and shall assure that shrubs and other plant material receive a minimum of one (1) inch of water per week. Seed shall be watered daily during the first week and in sufficient quantities to maintain moist soil to a depth of four inches (4"). After the first week seed shall be watered as necessary to maintain adequate moisture. 14.4 MEASUREMENT AND PAYMENT a. Plantings Identified Plantings to be preserved or replaced are as indicated on the Landscape schedule in the contract plans. The Engineer will measure landscaping by the lump sum. Payment for "Landscaping" at the contract lump sum price bid isfull compensation forthe specified work. 15 - SODDING 15.1 DESCRIPTION a. Work Included The Contractor shall furnish all labor, materials, tools, equipment, supervision, and services necessary to install sod, seed, preparation of soil, fine grading, watering, proper disposal of any excess earth or debris, all in accordance with the accompanying Drawings and these Specifications. S-21 b. Summary Section Includes: (1) Sodding. c. Related Sections (1) Section 14 - Landscaping d. Definitions (1) Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This includes insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. e. Informational Submittals (1) Prior to delivery to the job site, contractor shall submit to the Owner or Landscape Architect the source and supplier of all grass sod, seed, fertilizer and other materials along with the type of equipment to be used on this project. (2) Certification of grass seed. (3) Certification of each seed mixture for turfgrass sod. (4) Product certificates. f. Quality Assurance Regulatory Requirements (1) Comply with applicable requirements of Federal, State, and Loral laws, regulations and codes having jurisdiction at the project site. (2) Contractor shall be responsible for certificates of inspection of plant material that may be required by Federal and Local authorities to accompany shipments of plants. Reference Standards (1) "Standardized Plant Names" by the American Joint Committee of Horticultural Nomenclature. (2) American National Standards Institute (ANSI); Publication Z60.1. Coordination (1) Work in conjunction with other trades as directed, taking all reasonable precautions to avoid disturbance or interference with any other operation or installation on the site. Contractors shall be responsible for the cost of replacing any material damaged as a result of his/her negligence. Installer Qualifications: A qualified landscape installer whose work has resulted in successful turf establishment. (1) Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. (2) Personnel Certifications: Installer's field supervisor shall have certification in one of the following categories from the Professional Landcare Network: (a) Landscape Industry Certified Technician - Exterior. (b) Landscape Industry Certified Lawncare Manager. (c) Landscape Industry Certified Lawncare Technician. (3) Pesticide Applicator: State licensed, commercial. g. Delivery, Storage and Handling Storage of Materials (1) All materials delivered to thejob shall be stored so as to keep them in new condition and free from deterioration. Peat moss, fertilizer, etc., shall be stored in temporary sheds off -site at Contractor's expense. Packaged Materials 5-22 (1) Deliver packaged materials in unopened containers showing weight, analysis, and name of manufacturer. Protect materials from deterioration during delivery and while stored at site. Seed and Other Packaged Materials: Deliver packaged materials in original, unopened containers showing weight, certified analysis, name and address of manufacturer, and indication of compliance with state and Federal laws, as applicable. Sod: Harvest, deliver, stone, and handle sod according to requirements in "Specifications for Turtgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and Installation" sections in TPI's "Guideline Specifications to Turtgrass Sodding" (httos //sodsolufionsoro com/wocontenUuoloads/2019/12/CelebmfionScecfication Guidelines odF). Deliver sod within 24 hours of harvesting and in time for planting promptly. Protect sod from breakage and drying. In. Job Conditions Examination of Site: (1) The bidder must acknowledge that he has examined the site, Drawings and Specifications and the submission of a quotation shall be considered evidence that examinations have been made. Field Conditions: The Contractor shall verify drawing dimensions with actual field conditions and inspect related work and adjacent surfaces. The Contractor shall report to the Landscape Architect all conditions which prevent proper execution of this work. The Contractor shall determine the exact location of all existing utilities, structures, and geogrid reinforcement before commencing work. The Contractor shall conduct his work so as to prevent interruption of service or damage to them. The Contractor agrees to be fully responsible for any and all damage which might be occasioned by the Contractor's failure to exactly locale and preserve any and all utilities, structures, and geogrid reinforcement. I. Sequencing and Scheduling Planting Time: Proceed with and complete planting as rapidly as portions of the site become available, working within seasonal limitations for each kind of landscape work required. Planting Dates: (1) Recommended dates for seeding and sodding shall be April 1 - June 15 for spring planting and September 1 - December 15 for fall planting. j. Materials Clean -Up The Contractor shall keep the premises free from rubbish and all debris associated with their work at all times and all unused materials and debris shall be removed from the site. k. Warranty All plant material (lawns) shall be warranted for a period of not less than one (1) year from the date of issuance of the letter of Substantial Completion. All replacement stock shall be subject to the same warranty requirements as the original stock. Any damage due to replacement operations shall be repaired by the Contractor. At the end of the warranty period, inspections shall be made jointly by the Owner, Landscape Architect, and Contractor. All lawn areas not in a healthy growing condition shall be removed and replaced with grasses of a like kind and size before the close of the next planting season and before issuance of Final Completion. 15.2 PRODUCTS a. Turrgrass Sod Turfgrass Sod: Certified, complying with "Specifications for Turfgrass Sod Materials" in TPI's "Guideline Specifications to Tudgrass Sodding" Furnish viable sod of uniform density, color, and texture that is strongly rooted and capable of vigorous growth and development when planted. 5-23 Turf Type Fescue Sod - Sod shall be a blend of not less than 3 improved Kentucky Bluegrass (Poa pratensis) varieties, a native mixture of Houndog, Rebel, or Falcon Finebladed Turf Type Tall Fescue (Festuca arundinacea), and Rye (Lolium jukiiorum and Perene domestic). It shall be a mix of 20% Kentucky Bluegrass, 70% Finebladed TurfType Tall Fescue, and 10% Rye. Sod shall be well rooted, 2 year old stock, 3l4" thick, harvested in rolls, and fertilized 2-3 weeks prior to cutting. The sod shall be top quality certified sod, free of weeds, undesirable native grasses, insects and diseases. All sod shall be machine cut and vigorously growing (not dormant). Maximum time from stripping to planting shall be 24 hours. Provide sod of uniform pad sizes with maximum 5 percent deviation in either length or width. Broken pads or pads with uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10 percent of pad will be rejected. c. Fertilizers Commercial Fertilizer: Commercial -grade complete fertilizer of neutral character, conforming to the applicable State Fertilizer Laws, consisting of fast- and slow -release nitrogen, 50 percent derived from natural organic sources of urea formaldehyde, phosphorous, and potassium in the following composition: (1) Composition: Not less than 13% phosphoric acid and not less than 13% potassium, and percentage of nitrogen required to provide not less than 1 lb. of actual nitrogen per 1,000 sq. ft. of lawn area or as recommended by the County Extension Agent based on soil test results. Provide nitrogen in a form that will be available to lawn during period of growth. d. Pesticides General: Pesticide, registered and approved by the EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. 15.3 EXECUTION a. Turf Area Preparation General: (1) Clearing (a) All areas of turf establishment are to be cleared by the Contractor. (b) Clearing shall consist of the satisfactory removal and disposal of brush, rubbish, and othervegetative growth occurring within all proposed turfareas unlessturf is being over seeded. All debris associated with this work shall be gathered and removed from the project by the Contractor. (2) Preparation of Planting Mixture (a) Mix recommended soil amendments and fertilizers with topsoil at rates recommended by the soil test results. Delay addition of fertilizer if planting mixture will not be used within two (2) days. (3) Protection of Existing Vegetation (a) All areas under drip lines of existing trees shall be kept free of construction equipment, trailers, material storage, and vehicles. (b) Exercise extreme care when working around existing trees to remain. No soil scarification or compaction from construction vehicles shall occur under any existing tree dripline. (c) In areas of established turf, the surrounding turf area shall be covered in a manner that will provide protection before excavations begin for sodded turf. 5-24 Reduce elevation of planting sail to allow for soil thickness of sod. Moisten prepared area before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. Before planting, obtain Landscape Architect's acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading. b. Sodding All sod areas indicated on the plans shall have temporary cover removed, fine graded and sodded as specified herein and in strict accordance with standard horticultural practices Lay sod within 24 hours from time of stripping. Do not plant dormant sod or if ground is frozen. Lay sod to form a solid mass with tightly fried joints. Butt ends and sides of sod strips; do not overlap. The first row of sod shall be laid in a straight line with subsequent rows placed parallel to each other. Lateral joints shall be staggered to promote more uniform growth and strength. Sod is not to be stretched or overlapped. Work from boards to avoid damage to subgrade or sod. Tamp or roll lightly to ensure contact with subgrade. Work sifted soil into minor cracks between pieces of sod; remove excess to avoid smothering of adjacent grass. In sloping areas sod shall be laid with the long edges perpendicular to the slope and with staggered joints. In all drainage swales, regardless of the degree of slope, the sod shall be laid with the long edges parallel to the contour lines and with staggered joints. Where sod is indicated on the plans, all slopes greater that 3:1 (horizontal:vertical) and within all drainage swales shall be secured in -place with specified stakes. Stakes shall be placed at intervals no greater than 2'-0" on center, with a minimum of two stakes per piece of sod. Stakes shall be driven into the ground, leaving 2" above the sod line, with the broad face of the stake perpendicular to the slope. As sodding is completed in any one section, the entire area shall be rolled or tamped to ensure solid contact of roots with the soil surface. Sod shall be watered immediately after rolling and tamping until the underside of the new sod pad and soil surface below the sod are thoroughly moistened. The operations of laying, tamping and watering for any piece of sod shall be completed within eight (8) hours. Sodded areas shall be guaranteed by the Contractor for the specified period (a minimum of two years) or longer if necessary to establish a dense cover as specified above. General: Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming, replanting, and performing other operations as required to establish healthy, viable turf. Roll, regrade, and replant bare or eroded areas and remulch to produce a uniformly smooth turf. Provide materials and installation the same as those used in the original installation. Mow turf as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than one-third of grass height. Remove no more than one-third of grass -leaf growth in initial or subsequent mowings. c. Satisfactory Turf Turf installations shall meet the following criteria as determined by Landscape Architect: (1) Satisfactory Seeded Turf: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. and bare spots not exceeding 5 by 5 inches. (2) Satisfactory Sodded Turf: At end of maintenance period, a healthy, well -rooted, even -colored, viable turf has been established, free of weeds, open joints, bare areas, and surface irregularities. Use specified materials to reestablish turf that does not comply with requirements and continue maintenance until turf is satisfactory. S-25 d. Maintenance The Contractor shall maintain sod areas by weeding and mowing as required for healthy growth until issuance of the letter of Substantial Completion forthe entire site and scope of work. The Contractor shall be responsible for watering sod areas until the new irrigation system is completely functional and the letter of Substantial Completion has been issued. Contractor shall be responsible for watering sod areas by hand where irrigation system does not cover. Hand watering of these areas shall continue until letter of Substantial Completion has been issued. Watering shall supplement natural rainfall and shall assure that the sod areas receive a minimum of one (1) inch of water per week. Sod shall be watered daily during the first week and in sufficient quantities to maintain moist soil to a depth of four inches (4"). After the first week sod shall be watered as necessary to maintain adequate moisture. 16.4 MEASUREMENT AND PAYMENT The Engineer will measure sod of specified type by the square yard. Payment for"Sodding (Turf Type Fescue Grass)" at the contract unit price bid is full compensation for the specified work, including bed preparation, scalping of existing vegetation, top soil, transporting, placing, firming, watering, cultivating, maintaining the sod, protection and repair, and cleanup. 16 - LAWN SPRINKLER SYSTEM (MODIFICATION OF EXISTING SYSTEMS) 16.1 DESCRIPTION The location of potential existing sprinkler systems is in the median of the east leg of the Horizons Parkway and NW 41" Street intersection within the project limits. Grading operations may impact these existing systems and would require them to be cut and capped in order to maintain the systems operation outside the project limits during construction. Post construction, these systems shall be repaired such that they operate to irrigate the NW 41 m Street island. Furnish all labor, materials, supplies, equipment, tools, and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system, and guaranteetwarranty as shown on the drawings, the installation details, and as specified herein. Procurement of all applicable licenses, permits, and fees. Coordination of Utility Locates ("Call Before You Dig"). Detailed layout, hydraulic, and installation detail design of the irrigation system. Provision of and connections necessary for irrigation system. Connection of water supply to the irrigation system. Sleeving for irrigation pipe and wire. Provisions of electrical power supply to the irrigation system. Contractor shall provide to the Engineer a "Plan of Action" for repairs to the existing irrigation systems. The "Plan of Action" shall include a time schedule when repairs will occur and a listing of materials required to make a fully operational irrigation system. a. References: American Society for Testing and Materials (ASTM): S-26 (1) ASTM B62-96: Standard Specification for Composition Bronze or Ounce Metal Castings. (2) ASTM 01785-96a: Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Schedule 40, 80, and 120. (3) ASTM D2464-93: Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40. (4) ASTM D2467-96a: Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80. (5) ASTM D2564-93: Standard Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. (6) ASTM D2774-72 (1983): Standard Practice for Underground Installation of Thermoplastic Pressure Piping. (7) ASTM F645-95: Standard Guide for Selection; Design, and Installation of Thermoplastic Water Pressure Piping Systems. (8) ASTM F690-86: Standard Practice for Underground Installation of Thermoplastic Pressure Piping Irrigation Systems. National Fire Protection Association (NFPA): (9) NFPA 70, 1996 Edition: National Electrical Code. b. Design Requirements: (1) Contractor Requirements: General Requirements: Provide detailed irrigation system installation drawings for the sprinkler and drip irrigation systems including but not limited to sleeving; remote control valve locations and sizing; lateral pipe routing and sizing; sprinkler and drip irrigation layout; and control wire routing and sizing. In the areas which require repair to an existing irrigation system, the contractor shall provide all appurtenances necessary to make a fully operational system or as noted on the plans. Irrigation Design Consultant Qualifications: the person or company completing the detailed design shall be a current professional member of the American Society of Irrigation Consultants or an IA (Irrigation Association) Certified Irrigation Designer and shall be normally engaged as an independent professional in the practice of irrigation consultation or irrigation engineering. The irrigation consultant is expected to investigate the water supply and electrical supply and coordinate with the general contractor. The irrigation consultant shall investigate all existing head types and spray patterns and provide matching brand replacement. The irrigation consultant is expected to prepare drawings for a system that includes design details. (1) Remote Control Valves: Individual turf laterals must have a capacity for a maximum flow of 80 GPM to 120 GPM. Individual drip zones must have a capacity for a maximum flow of 10 GPM. 1-inch remote control valves must have a flow capacity between 0 to 25 GPM. 1 Yrinch remote control valves must have a flow capacity between 25 to 60 GPM. 2-inch remote control valves must have a flow capacity between 60 to 120 GPM. Spray sprinklers, rotary sprinklers, and drip emitters should be installed on separate laterals. Areas with different exposures must be on separate remote control valves. For example, turf in a parking island should be on a separate lateral from turf in a pedestrian area. (2) Pipe: Lateral pipe velocities must not exceed 7.5 FPS. Maximum allowable variation between the highest and lowest sprinkler operating pressures on an individual lateral must not exceed 10%. 5-27 Minimum sprinkler lateral pipe size is 1-inch. Minimum drip lateral pipe size is 3/4-inch (3) Sprinkler Layout Guidelines: Use pop-up spray sprinklers on turf areas and annual planting beds. Use pop-up spray sprinklers in areas less than 30 feet in width or in areas, which are oddly shaped. Use pop-up rotary sprinklers in turf areas. Use pop-up rotary sprinklers in areas greater than 30 feet in width. Use a sprinkler nozzle and spacing combination such that the scheduling coefficient for every sprinkler lateral is between 1.15 and 1.2. If a maximum scheduling coefficient of 1.2 cannot be achieved, use a sprinkler nozzle and spacing combination to achieve the minimum scheduling coefficient possible and present data supporting the choice. Trim out all hardscape areas. Layout sprinklers to minimize overspray onto sidewalks, buildings, and attractions. Spray sprinklers on an individual lateral must have matched precipitation rate nozzles. Nozzles for rotary sprinklers on an individual lateral must approximate a uniform precipitation rate. (4) Drip Layout: Drip irrigate shrubs and groundcover in planting beds. Use single outlet emitters on shrubs and groundcover in planting beds. (5) Controller Stationing/Sequencing: Assign only one remote control valve per controller station. Assign station numbers in a logical manner to allow maintenance personnel to easily inspect the operation of the system on a regular basis. c. Submittals: Shop drawings shall be submitted in accordance with the Shop Drawings section in the General Conditions. (1) Materials List: Include pipe, fittings, and water emission components. Quantities of materials need not be included. (2) Manufacturers' Data: Submit 1 copy of manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. (3) Detailed Irrigation Layout Drawings/Shop Drawings: Complete detailed irrigation layout drawings using CAD techniques. Submit copies of layout drawings showing remote control valve locations and sizing, lateral pipe routing and sizing, sprinkler layout, and emitter layout. Submit copies of hydraulic calculations for each point of connection showing friction loss calculations from the point of connection to the most remote water emission device for the worst -case spray sprinkler, rotary sprinkler, bubbler, and drip emitter laterals. List the highest and lowest sprinkler operating pressures on the lateral. Submit copies of uniformity evaluation charts for each sprinkler/nozzle/spacing combination showing the scheduling coefficient for the critical 1 %, 5%, 10% window size. Submit copies of control wire diagrams including sizing and calculations verifying that the control wire size is in accordance with valve manufacturer's printed recommendations. d. Rules and Regulations: Work and materials shall be in accordance with the latest edition of the National Electric Code, the Uniform Plumbing Code as published by the Western Plumbing Officials Association, and applicable laws and regulations of the governing authorities. When the contract documents call for materials or construction of a better quality or larger size than required by the above -mentioned rules and regulations, provide the quality and size required by the contract documents. If quantities are provided either in these specifications or on the drawings, these quantities are provided for information only. It is the Contractor's responsibility to determine the actual 5-28 quantities of all material, equipment, and supplies required by the project and to complete an independent estimate of quantities and wastage. e. Testing: Notify the Engineer three days in advance of testing. Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at any time after partial completion of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or retest. (1) Hydrostatic Pressure Test: Subject lateral pipe to a hydrostatic pressure equal to the anticipated operating pressure. Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. Cement or caulking to seal leaks is prohibited. (2) Operational Test: Activate each remote control valve in sequence from controller. The Engineer and Property Owner will visually observe operation, water application patterns, and leakage. Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. Replace, adjust, or move water emission devices to correct operational or coverage deficiencies. Replace defective pipe, fitting, joint, valve, sprinkler, or appurtenance to correct leakage problems. Cement or caulking to seal leaks is prohibited. Repeat testis) until each lateral passes all tests. Repeat tests, replace components, and correct deficiencies at no additional cost to the City. f. Construction Review: The purpose of on -site reviews by the Engineer is to periodically observe the work in progress, the Contractor's interpretation of the construction documents, and to address questions with regard to the installation. Scheduled reviews such as those for irrigation system layout or testing must be scheduled with the Engineer as required by these specifications. Impromptu reviews may occur at any time during the project. A review will occur at the completion of the irrigation system installation and Project Record (As -Built) Drawing submittal. g. GuaranteefWarranty and Replacement: The purpose of this guarantee/warranty is to ensure that the City receives irrigation materials of prime quality, installed and maintained in a thorough and careful manner. For a period of two (2) years from commencement of the formal maintenance period, guarantee/warranty irrigation materials, equipment, and workmanship against defects. Fill and repair depressions. Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations. Repair damage to the premises caused by a defective item. Make repairs within seven days of notification from the Engineer. Contract documents govern replacements identically as with new work. Make replacements at no additional cost to the contract price. Guaranteetwarranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period. S-29 16.2 MATERIALS a. quality: Use materials, which are new and without flaws or defects of any type, and which are the best of their class and kind. b. Substitutions: Acceptable equipment manufacturer shall match existing system. Any pipe sizes referenced in the construction documents are minimum sizes, and may be increased at the option of the Contractor or increased in consideration of the finalized hydraulic requirements of the system. c. Sleeving: The sleeving shall be installed per the following specifications and shall be field located and installed subsidiary to the irrigation system lump sum pay item. (1) Sleeving beneath streets, ramps and through walls shall be Class 200, SDR-21 pipe in accordance to ASTM D2241. (2) Sleeving diameter: sleeve sizes shall be 2 times the size of the lateral pipe. (3) Additional sleeving, if required, shall be pushed by mechanical methods beneath existing paved areas. d. Pipe and Fittings: (1) Lateral Pipe and Fittings: Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end suitable for solvent welding. Use Class 160, SDR-26, rated at 160 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use solvent weld pipe for lateral pipe. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and Dl784 for PVC pipe. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. For drip irrigation laterals, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black. Use PVC/compression line fittings compatible with the drip lateral pipe. Use tubing stakes or landscape fabric staples to hold above -ground pipe in place. (2) Specialized Pipe and Fittings: Copper pipe: Use Type 'V rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use 95% tin and 5% antimony solder. Ductile iron pipe: Use Class 50 conforming to ANSI A21.51 (AWWA C151). Use a minimum of Class 53 thickness pipe for flanged piping. Use mechanical joints conforming to ANSI A 21.10 (AWWA C110) and ANSI A21.11 (AWWA C111) or flanged fittings conforming to ANSI/AWWA C110 and ANSI B16.1 (125#). Use a dielectric union wherever a copper -based metal (copper, brass, and bronze) is joined to an iron -based metal (iron, galvanized steel, and stainless steel). Low Density Polyethylene Hose: Use pipe specifically intended for use as a flexible swing joint. Inside diameter: 0.490+0.010 inch. Wall thickness: 0.100+0.010 inch. Color: Black. Use spiral barb fittings supplied by the same manufacturer as the hose. S-30 Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings. Joint sealant: Use only teflon-type tape or teflon based paste pipe joint sealant on plastic threads. Use nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. e. Sprinkler Irrigation Components: (1) Remote Control Valve (RCV) Assembly for Sprinkler Laterals Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. Acceptable manufacturer for remote control valve shall match existing system. Rated working pressure for all remote control valves is to be 200 PSI. Acceptable manufacturer for valve box is Ametek or Carson -Brooks. (2) Sprinkler Assembly Acceptable manufacturer and model for pop-up spray sprinklers shall match existing system. All rotor sprinklers are to have a manufacturer installed rubber cover. f. Drip Irrigation Components: (1) Remote Control Valve (RCV) Assembly for Drip Laterals: Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. Acceptable manufacturer and model for remote control valve shall match existing system. Acceptable manufacturer for fixed pressure regulator is Agricultural Products or Senniger. Acceptable manufacturer for fitter is Amiad, Irritrol Systems, Netafim, or Rain Bird. Acceptable manufacturer for valve box is Ametek or Carson -Brooks. (2) Drip Emitter Assembly: Landscape drip line, pressure compensating inline device. Acceptable manufacturer is Rain Bird. Install emitter types and quantities on the following schedule: Ground cover plant: 1 single outlet emitter each or 1 single outlet emitter per square foot of planting area, whichever is less. Shrub: 2 single outlet emitters each (3) Flush Cap Assembly: Locate at the end of each drip irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. Acceptable manufacturer is Agricultural Products. Acceptable manufacturer for valve box is Ametek or Carson -Brooks. (4) Instrumentation: As presented in the installation details. Rain Sensor: Use Hunter Mini-Clik II or Rain Bird Rain Check. (5) Control Wire: Use American Wire Gauge (AWG) No. 14 solid copper, Type OF or PE cable, UL approved for direct underground burial from the automatic control system to each remote control valve. Color: Use white for common ground wire. Use easily distinguished colors for other control wires. Spare control wires shall be of a color different from that of the active control wire. Wire color shall be continuous over its entire length. Splices: Use 3M DBY splices Warning tape: Inert plastic film highly resistant to alkalis, acids, or other destructive chemical components likely to be encountered in soils. Three inches wide colored yellow and imprinted with "CAUTION: BURIED ELECTRIC LINE BELOW." 5-3I g. Other Components: (1) Tools and Spare Parts: Provide the following operating keys, servicing tools, and spare parts. One (1) operating key for each type of manually operated valve. One (1) of each servicing wrench or tool needed for complete access, adjustment and repair of all rotary sprinklers. One (1) quick coupling keys, each with attached hose swivel ell for operation of the quick coupling valves. Three (3) of each type of spray sprinkler used. Five (5) of every spray sprinkler nozzle used. Five (5) of each type of rotary sprinkler used complete with nozzle. Two (2) of each size of remote control valve used. 16.3 —CONSTRUCTION REQUIREMENTS a. Inspections and Reviews: (1) Site Inspections: Verify construction site conditions and note irregularities affecting work of this section. Report irregularities to the Engineer prior to beginning work. Beginning work of this section implies acceptance of existing conditions. (2) Utility Locates ("Call Before You Dig"): Arrange for and coordinate with local authorities the location of all underground utilities. Repair any underground utilities damaged during construction. Make repairs at no additional cost to the contract price. (3) Irrigation System Layout Review Irrigation system layout review will occur after the staking has been completed. Notify the Engineer one week in advance of review. The Engineer and Property Owner at this review will identify modifications. b. Layout of Work: Stake out the irrigation system. Items staked include: remote control valves, isolation valves, quick coupling valves, and sprinklers. c. Excavation, Trenching, and Backfilling: Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings. Minimum cover (distance from top of pipe or control wire to finish grade): (a) 18-inch over control wire. (b) 12-inch over lateral pipe to pop-up spray sprinklers. (c) 18-inch over lateral pipe to rotary sprinklers. (d) 8-inch over drip lateral pipe in turf or paved areas. (a) 3-inch minimum mulch cover over drip lateral pipe in planting beds. Maintain at least 15-feet clearance from the mainline and laterals to the centerline of any tree. PVC lateral pipes may be pulled into the soil utilizing a vibratory plow device specifically manufactured for pipe pulling. Minimum burial depths equal minimum cover listed above. Backfill only after lines have been reviewed and tested. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than 2-inches in maximum dimension. Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects, which may damage the pipe. Backfill un-sleeved pipe in either of the following manners: S-32 (f) Ball and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the remainder of the trench in 6-inch layers. Compact to density of surrounding soil. (g) Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting to the density of surrounding soil. Enclose pipe and wiring beneath roadways, walks, curbs, etc., in sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D698-78. Use of water for compaction around sleeves, "puddling", will not be permitted. Dress backfllled areas to original grade. Where utilities conflict with irrigation trenching and pipe work, contact the Engineer for trench depth adjustments. d. Sleeving: Install sleeving at a depth, which permits the encased pipe, or wiring to remain at the specified burial depth with a minimum cover of 24 inches. Extend sleeve ends 36 inches beyond the edge of curbs or paved surfaces. Cover pipe ends and mark with stakes. Mark concrete with a chiseled "x" at sleeve end locations. Enclose pipe and wiring beneath roadways, walks, curbs, etc., in sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D698-78. e. Assembling Pipe and Fittings: (1) General: Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. Trenches may be curved to change direction or avoid obstructions within the limits of the curvature of the pipe. Minimum radius of curvature and offset per 20 foot length of pipe by pipe size are shown in the following table. All curvature results from the bending of the pipe lengths. No deflection will be allowed at a pipe joint. SIZE RADIUS OFFSET PER 20' LENGTH 1 '/V 25' T-6" 2" 25' 7'8" 2 %" 100, 1'-11" 3" 100, 1'-11" 4" 100' 1'-11" 6" 150' V-4" (2) Lateral Pipe and Fittings: Use only strap -type friction wrenches for threaded plastic pipe. PVC Solvent Weld Pipe: Use primer and solvent cement. Join pipe in the manner recommended by the manufacturer and in accordance with accepted industry practices. 5-33 Cure for 30 minutes before handling and 24 hours before allowing water in the pipe. Snake pipe from side to side within the trench. UV Radiation Resistant Polyethylene Pipe: Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. Snake pipe from side to side on the soil surface, and hold in place with tubing stakes or landscape fabric staples spaced every five feet. Pipe is not to be compressed or crimped by the stake or staple or other construction activity. Fittings: The use of cross type fittings is not permitted. (3) Specialized Pipe and Fittings: Copper Pipe: Buff surfaces to be joined to a bright finish. Coat with solder flux. Solder so that a continuous bead shows around the joint circumference. Ductile Iron Pipe: Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron - based metal (iron, galvanized steel, and stainless steel) are joined. Low Density Polyethylene Hose: Install per manufacturer's recommendations. PVC Threaded Connections: Use only factory -formed threads. Field -cut threads are not permitted. Use only Teflon -type tape or teflon based paste. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. f. Installation of Sprinkler Irrigation Components: (1) Remote Control Valve (RCV) Assembly for Sprinkler Laterals: Flush mainline before installation of RCV assembly. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Install connectors and sealant per the manufacturer's recommendations. Install only one RCV to a valve box. Locate valve box at least 12-inches from and align with nearby walls or edges of paved areas. Group RCV assemblies together where practical. Arrange grouped valve boxes in rectangular patterns. Allow at least 12-inches between valve boxes. Adjust RCV to regulate the downstream operating pressure. Attach ID tag with controller station number to control wiring. (2) Sprinkler Assembly: Flush lateral pipe before installing sprinkler assembly. Install per the installation details. Locate rotary sprinklers 6-inches from adjacent walls, fences, or edges of paved areas. Locate spray sprinklers 3-inches from adjacent walls, fences, or edges of paved areas. Install sprinklers perpendicular to the finish grade. Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best performance. Adjust the radius of throw of each sprinkler for best performance. g. Installation of Drip Irrigation Components: (1) Remote Control Valve (RCV) Assembly for Drip Laterals: Flush mainline pipe before installing RCV assembly. S-34 Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Connectors and sealant shall be installed as per the manufacturers recommendations. Install only one RCV to valve box. Locate at least 12-inches from and align with nearby walls or edges of paved areas. Group RCV assemblies together where practical. Arrange grouped valve boxes in rectangular patterns. Set RCV assembly discharge pressure to 30 PSI. (2) Drip Emitter Assembly: Locate as shown on the installation details. Flush lateral pipe before installing emitter assembly. Cut emitter outlet distribution tubing square. Install an access sleeve as part of each multiple -outlet emitter assembly. Use tools and techniques recommended by the manufacturer. Make openings for barb -mounted emitters with the emitter manufacturers hole -punching tool. (3) Flush Cap Assembly Install at the end of each drip irrigation lateral pipe as shown on the installation details. (4) Pressure Adjustment Procedure: Fully open all zone control valves and energize the RCV assembly. Determine which emitter has the least outlet pressure; this is the critical emitter. Set discharge pressure of RCV such that the critical pressure compensating emitter has a pressure of 25 PSI ± 5 PSI. Measure with pressure gauge attached to critical emitter. IN. Installation of Other Components: (1) Tools and Spare Parts: Prior to completion of construction, supply to the Engineer all operating keys, servicing tools, spare parts, and any other items indicated in these specifications. (2) Other Materials Install other materials or equipment shown on the drawings or installation details which are part of the irrigation system, even though such items may not have been referenced in these specifications. i. Project Record (As -Built) Drawings: Submit Record Drawings. The Contractor is responsible for documenting changes to the design. Maintain on -site and separate from documents used for construction, one complete set of contract documents as Project Documents. Keep documents current. Do not permanently cover work until as -built information is recorded. Record pipe and wiring network alterations. Record work, which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points, of each irrigation system valve, each backfiow prevention device, each satellite controller, each sleeve end, and other irrigation components enclosed within a valve box. Prior to construction completion, transfer the information contained on the project drawings maintained on site onto the design drawings. Label each sheet "Record Drawing". Turn over the hard copy"Record Drawings' and electronic CAD files to the Engineer. Electronic files to be provided on a media suitable to the Engineers requirements. Completion of the Record Drawings will be a prerequisite for the Review at the completion of the irrigation system installation. j. Irrigation System Adjustment: Installation of irrigation components will allow for raising or lowering to accommodate planting of trees and sod. Flag all sprinklers, valve boxes and other irrigation system components prior to fine grading, sodding, planting, and installation of roadway sign bases to avoid damage to 5-35 irrigation equipment. Adjust all sprinklers to ensure they are flush with finish grade. valve boxes shall be adjusted to extend 25-mm minimum above finished grade. k. Cleanup: Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. 16.4 MEASUREMENT AND PAYMENT The Engineer will measure the lawn sprinkler system by the lump sum. Payment for "Lawn Sprinkler System (Modification of Existing Systems)" at the contract lump sum price bid is full compensation for the specified work, all excavation, compaction, piping, sprinkler heads, wiring, sensors, and other appurtenances necessary to make a fully operational sprinkler system. 17 - REMOVE, STOCKPILE, AND REINSTALL MONUMENT SIGN 17.1 DESCRIPTION The Contractorshall remove, stockpile, and reinstall the Horizons Industrial Park monument sign. 17.2 MEASUREMENT AND PAYMENT The Engineer will measure remove, stockpile, and reinstall monument sign by the lump sum. Payment for"Remove, Stockpile, and Reinstall Monument Sign" at the contract lump sum price bid is full compensation for the specified work, which shall include the removal and salvage of existing monument sign and appurtenances, coordinating storage of the existing sign, transporting the monument sign to and from the project as necessary, and the reinstallation of the existing monument sign including but not limited to the excavation, construction of concrete foundation, replacement of mounting post, backfilling and compacting the subgrade, and disposing of all excess and waste materials. 18 - CONTRACTOR CONSTRUCTION STAKING 18.1 DESCRIPTION The Contractor shall set construction stakes establishing all lines, slopes, continuous profile -grades, centerlines, and benchmarks necessary to control and perform the work. 18.2 MEASUREMENT AND PAYMENT The Engineer will measure contractor construction staking by the lump sum. Payment for "Contractor Construction Staking" at the contract lump sum price bid is full compensation for the specified work, which shall include all staking, establishing vertical and horizontal control points and property corner resetting. S-36 ACORo CERTIFICATE OF LIABILITY INSURANCE DATEm=3 2IDER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS E RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY E NEGATIVELY AMEND, EXTEND TR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE E INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this catlficate does not confer rights to the certificate holder In lieu of such endomemem s). Thomas McGee, L.C. 120 W. 12th St., Suite 1000 EEJacob Shinn NAME T PxoxE . 818-842-0eoo FAx xo:8183T25018 P.O. Box 419013 Kansas City MO 64105 oAo L 'shinn@thorressmcgee.core INSURERS AFFOItpNe COVERAGE NAM:a 25623 wsuREaq: Phoenix Insurence Company GUNTE-I INSURES Gunter Company INSURERB: TmMlers IndemnityCompany of Connecticut 25W INSURER c: Trevlera Property Casualty Company ofAmerica 2587/ Division Street Kansas City KS 68103 INSURER D: INSURERE: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HBR L TYPE OF INSUpµLE A Y � Pp1LYXUNBFR POUCY FR N �YEXP U.B.A X COMMERCIAL GERERALUANUIY CIAIMa#1AOE OOCLIIR 4TCWM5T81T1PHx23 1/12023 1/12024 EACH OCCURRENCE 51,000,000 PREMISES ottv E300,000 MED.PIMrymepmw, f101000 FERSOm La ADVINJURY 51,000,000 GENLAGCAEGATELIMITAPPUESFER: PWCYO JEGT OLOL OTHER: GFNERgLAGGREGATE E1,OmW ,O PRODUM-COAWNPAGG E200O,000 f B AUTOMOBILEUMILBY ANYAUTO Ban scxmuLm AIRQ40HLY AVTQS AI Ec MIRED X MONO ONLY AUTOSOHLY AVTOSONLV Y BABM388371233SG 111QM 1/12024 C. SINEOSINGLEUMB s1,000,000 X BODILYINJURY IPar pereml E BODILYINJURYIPa eW`EeX) E X PROPOOYDAW,GE Per eaiEmr 5 f C e X UMNIEl1ALuB EMCE88 LIAB X OCCUR WMSN.a Y X/q CUPGPT395T4232S USSM52325G S49Tfi 111=23 111=3 UU2024 1112024 EACH OCCURRENCE EB.000,D33 AGGREGATE i0,000,0m DED X RETENTION WORNERBwxPExsAROX ANDEMPLOYERS'LIMILITY YIN ANYPROFRIETONPARTNEPhXEGITIVE OFFIOERIMEMBERE%CLUCED1 O (ManLalaryln of "It. V DESCRIPTIOmal. N OFun0erOPEaABON3 hebx X gul TANER 5 E.LEACXACGDEM E1.OWAD3 ELOwEASE-EAEMRp1EE E1,W3,003 ELDISEASE-PoLICY LIMB 5100B,WB C In¢nanl nFlmNr QmB04847N425CON3 1/12023 V12024 —4 D¢0 2,500,000 1.000 DESCRIPTION OF WERATIONB I LOL M.SIVEl11CLE31ACORD 101, AAixonal Remarb 8dxeulq mry b¢ a..a Nmva¢pau la n marl Project: Horizons Parkway and NW 419 Street Intersection Impprovements, Project No: 820-228; Contract Amount $489,989.80. Non-Contdbutory additional Insured with respect to this prefect when required by written contact. The City of Riverside, Missouri is named as Primary Written Waiver of Subrogation where pemlissible by law. Written 30day notice of cancellation applies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN City Of Riverside, MISsoun ACCORDANCE WITH THE POLICY PROVISIONS. Ciryty Hall 2950 NW Vivion Road AUTHDR¢m RFPRESENGTNE Riverside M064150 a •••• I r oe aa. vmu name one logo are reglsterea mares of ACORD