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HomeMy WebLinkAbout1928 Approving and Authorizing an Agreement w/Houston Excavating & Demolition for the Provision of Fill DirtBILL NO. 2023-037 ORDINANCE NO. 19,� 9 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT WITH HOUSTON EXCAVATING & DEMOLITION FOR THE PROVISION OF FILL DIRT TO THE CITY, AND SERVICES RELATED THERETO. WHEREAS, the City of Riverside. Missouri ("City") has been working to provide for the efficient and orderly development, operation, and management of a retail/commercial/industrial development of the Riverside Horizons Area (`Area") for the benefit of the citizens of the City; and WHEREAS, the City and Heco, Inc., a Missouri corporation doing business as Houston Excavating & Demolition ("Houston"), entered into a contract previously authorized by and through Ordinance 1294 and as further amended, pursuant to which Houston provided the City fill dirt which is beneficial to, and in the best interest of, the City, at no cost to the City for the fill dirt itself or the delivery of said dirt, but only for any spreading or compaction the City may request ("Agreement"); and WHEREAS, the staff recommends approval of a new Agreement, attached hereto as Exhibit A and incorporated herein, which sets the term of the Agreement to June 30, 2024, and authorizes the expenditure of Four Hundred Thousand Dollars ($400,000.00); and WHEREAS, the City has determined that authorization of the Agreement with Houston, fulfills a public purpose, will further the growth of the City, facilitate the development of the Area, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, increase the sales tax revenues realized by the City, foster increased economic activity within the City, increase employment opportunities within the City, enable the City to direct the development of the Area, and otherwise be in the best interests of the City by enhancing the health, safety, and welfare of its residents and taxpayers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 — BEST INTEREST OF THE CITY TO APPROVE AGREEMENT WITH HOUSTON. It is determined that, pursuant to City Code Section 135.070.13, it is in the best interest of the City, in order to further the objectives of industrial and economic development of the City, to approve the Access and Supply Agreement for the provision of Fill Dirt to the City ("Agreement") attached hereto as Exhibit A and incorporated herein, which authorizes the expenditure of Four Hundred Thousand Dollars ($400,000.00) for the 2023-2024 budget year of the City and which said Agreement provides for Houston is to provide the City fill dirt which is in the best interest of the City, and the City shall pay only for the compaction and spreading of the fill dirt if they desire said dirt to be spread and compacted, but at no other cost to the City for the fill dirt itself or for its delivery, and therefore the Agreement is authorized and approved. SECTION 2 — AUTHORITY GRANTED. The Mayor, City Administrator, City Attorney, and other appropriate officials and employees of the City are hereby authorized to execute the Agreement in substantially the same form as set forth in Exhibit A to this Ordinance, with such changes therein as are approved by the officials of the City executing the Agreement, and to take such further action as may be deemed necessary or convenient to carry out the terms and conditions of the Agreement and to comply with the intent of this Ordinance on behalf of the City, provided, however, that the term of the Agreement shall not extend beyond June 30, 2024, and the amounts to be paid by the City to Houston pursuant to the Agreement shall not exceed Four Hundred Thousand Dollars ($400,000.00), unless authority to extend such timeframe and/or exceed such costs has been granted by the Board of Aldermen pursuant to further ordinance. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 20th day of June 2023. ATTEST:' Robin Kincaid, City Clerk C Ka teen L. Rose, Mayor Approved as to form: Paul Campo City Attorney EXHIBIT A AGREEMENT ACCESS AND SUPPLY AGREEMENT BETWEEN THE CITY OF RIVERSIDE MISSOURI AND CONTRACTOR THIS AGREEMENT, made and entered into as of the 20t' day of June, 2023 (the "Effective Date"), by and between The City of Riverside, Missouri ("City") and Heco, Inc., a Missouri corporation d/b/a Houston Excavating & Demolition ("Contractor"). WHEREAS, Contractor wants locations to dispose of Fill Dirt from surrounding projects; WHEREAS, City has a need for Fill Dirt on several of its economic development and public infrastructure projects ("Projects"); WHEREAS, City and Contractor have previously entered into an Agreement for the period between May 8, 2014 through June 30, 2023, to provide Fill Dirt to the City with the only cost to the City being the cost of spreading and compacting the Fill Dirt once delivered, however there would be no charge for the cost of the Fill Dirt itself or the delivery of the Fill Dirt; WHEREAS, Contractor represents that Contractor is equipped, competent, and able to supply Fill Dirt, in accordance with this Agreement; WHEREAS, it would be mutually beneficial to both Contractor and City to continue to work together and have Contractor's Fill Dirt supplied to City's Projects; and WHEREAS, it would be in the best interest of the City to enter into this Blanket Purchase as it fulfills a public purpose, will further the growth of the City, facilitate the development of the Area, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, increase the sales tax revenues realized by the City, foster increased economic activity within the City, increase employment opportunities within the City, enable the City to direct the development of the Area, and otherwise be in the best interests of the City by enhancing the health, safety, and welfare of its residents and taxpayers. NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall mean: A. "City" means the City of Riverside, Missouri. B. "City Administrator" means that person designated by the City as the City Administrator. C. "City Engineer" means: Travis Hoover, City Engineer. D. "Contractor" means Heco, Inc., a Missouri corporation d/b/a Houston Excavating & Demolition. E. "Fill Dirt" means the soil removed by Contractor that it warrants is appropriate for placement on City's property. F. "Fill Location" means the location designated by the City for the deposit of the Fill Dirt. G. "Project Manager" means the City Engineer, who is designated by the City to manage the deposit of Fill Dirt within the City on behalf of the City. The current City Engineer is is Travis Hoover. H. "Subcontractor" means a person, firm or corporation supplying labor and materials or only labor for the work at the site of the project for, and under separate contract or agreement with the Contractor. I. "Work" or "Work on the Project" means the Work to be performed at the location of the project as defined herein. J. "Written Notice" means any notice delivered hereunder and the service thereof shall be deemed completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative on the work. ARTICLE II THE PROJECT AND THE WORK A. The Parties agree that Contractor will be allowed to deposit Fill Dirt at mutually agreeable locations on City's Projects. The Parties agree that Contractor will strip the ground prior to depositing Fill Dirt. Contractor will also compact the dirt as set forth herein. B. The City Engineer shall act as the City's representative during the construction period and shall decide questions which may arise as the quality and acceptability of materials furnished and work performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. The City Engineer may recommend, but cannot approve Change Orders. C. Contractor will alert City Engineer when it is: (1) stripping the ground; (2) delivering dirt; and/or (3) compacting the dirt. The purpose of this notification is to allow City Engineer to be available to review the material and/or methods of work. Contractor's timely notice to City Engineer is a requirement and condition precedent to payment. 2 WA 13219490.1 ARTICLE III CONTRACT AMOUNT AND INITIAL TERM A. The parties acknowledge that Contractor's only compensation ("Contract Amount") on this Project will be hourly compensation for the stripping of the ground and compacting of the dirt. A schedule of values for Contractor's hourly rates is attached hereto as Exhibit A. B. Contractor shall submit to City Engineer weekly time sheets evidencing the hours worked and rates claimed. City Engineer will approve these amounts and submit them to the City for payment. C. Pursuant to Ordinance / 9a S, approved and passed by the City's Board of Aldermen on the 20t` day of June, 2023, the initial term of this Agreement shall not extend beyond June 30, 2024, and the Contract Amount to be paid by the City hereunder shall not exceed Four Hundred Thousand Dollars ($400,000.00) unless authority to extend such timeframe and/or exceed such costs has been granted by the Board of Aldermen pursuant to further ordinance or resolution. Contractor acknowledges and accepts these limitations to the initial Contract Amount and term of this Agreement and agrees that it will not be entitled to compensation for services performed that extend beyond or exceed these parameters unless and until the City's Board of Aldermen has authorized an extension or expansion of same. ARTICLE IV PROGRESS OF WORK /SUBMITTALS A. COMMENCEMENT OF WORK. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by the City to Contractor. B. SUSPENSION OR TERMINATION OF WORK. The City may suspend or terminate the work or any portion thereof by written notice to the Contractor. C. 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 Fill Dirt. D. INSPECTION AND TESTING OF MATERIALS. All Fill Dirt, 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 City Engineer and the City's representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. E. CORRECTION OF WORK. The Contractor shall promptly remove from the WA 13219490.1 premises all Fill Dirt rejected by the City Engineer. 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. F. SUBSURFACE CONDITIONS. The Contractor has the responsibility to become familiar with the Project site and the conditions under which the Work will be performed during the construction period prior to entering into this Agreement. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify the City of any unknown physical conditions at the site of unusual nature. G. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between the City and Contractor, and are the "Contract Documents": 1. AGREEMENT BETWEEN THE CITY AND CONTRACTOR 2. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR STANDARDS 3. RATE SCHEDULE SHEET 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 the 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. 4 WA 13219490.1 ARTICLE VI PAYMENTS A. All payments under this Agreement shall be made only upon the approval of City Engineer and City Administrator. City Engineer shall review each application for payment and certify for payment such amounts as Architects determine are due Contractor. B. The City, upon presentation of such certificate, shall prepare a check for the sum certified to be due. C. Neither City Administrator's nor City Engineer's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. D. 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 the City. E. Acceptance of payment by Contractor shall release the City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents. F. The City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of the City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. G. The Contractor shall, at the request of the 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, the City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors WA 13219490.1 and suppliers shall be charged against the Contract Amount. The 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 the City. H. 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. The City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to the 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 pursuant to Change Order. C. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of the City, an employee, officer, or an architect or engineer or separate contractor engaged by or on behalf of the 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 P, WA 13219490.1 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 the City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, the City, its employees and officers, the Industrial Development Authority of the City of Riverside, Missouri, its employees and officers 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 of Riverside, its employees and officers, the Industrial Development Authority of the City of Riverside, Missouri, its employees and officers as an additional insured and have not less than the following limits: a. Each occurrence: Not less $2,000,000.00 b. General aggregate: Not less $2,000,000.00 c. Products/completed operations aggregate $2,000,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage • Contractor's Pollution Liability 7 WA 13219490.1 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, the City, its employees and officers, the Industrial Development Authority of the City of Riverside, Missouri, its employees and officers 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 $2,000,000.00 for each accident. 4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to the 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 the City, (1) name as additional insured the City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of the City, (2) name as additional insured the Industrial Development Authority of The City of Riverside, Missouri, its employees and officers, and (3) provide that it is primary to any other insurance maintained by any additional insureds, 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 the City of all of Contractor's Work. 8 WA 13219490.1 D. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to the City in the event of cancellation, expiration, non -renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish the City a certificate or certificates and copies of policies, all satisfactory to the City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to the 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 the City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of the City and Industrial Development Authority of City of Riverside, Missouri. E. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish the City any additional insurance documentation provided for elsewhere in the Contract Documents. F. 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 the 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. G. 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 the City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of the City and the Industrial Development Authority of the City of Riverside, Missouri, their officers and employees, 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 expense 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 0 WA 13219490.1 acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE X 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, the City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at the 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 owner who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Agreement or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 10 WA 13219490.1 ARTICLE XI 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 the City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to the City's account. The City's representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and payment applications: For the City: Travis Hoover, City Engineer 2950 N.W. Vivion Road Riverside, MO 64150 Telephone (816) 372-9004 For Contractor: HECO, Inc. 5030 NW Waukomis Dr. Kansas City, MO 64151 B. Any notice required by the Contract Documents to be given in writing or that either the 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 the City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by the City) will become unable to comply with any of 11 WA 13219490.1 Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of the 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 the City's satisfaction within seventy-two (72) hours of delivery of a written notice to Contractor to correct such default, the City may, in addition to any other right or remedy the 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, the 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 the 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 the City all costs and expenses of whatsoever nature incurred by the 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 the City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against the 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 the City from the amount, if any, otherwise due Contractor, and Contractor shall pay the 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 the 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 the 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 the City to give notice to correct any default of Contractor or to exercise any of the City's rights or remedies shall waive or excuse the default, and the City shall remain free to pursue all rights and remedies. No failure of the City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents 12 WA 13219490.1 shall be deemed or construed as a waiver or relinquishment of the City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Engineer and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City to 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 Project Manager may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of (1) defective work not remedied, (2) claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments properly 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 XIV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary, the 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 the 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 the City, stop work and turn over to the City or the City's designee materials and equipment purchased for the Work. The 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. The 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 the 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 the City's convenience, and the City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. 13 WA 13219490.1 B. With each application for payment submitted by Contractor to the City, Contractor shall include (a) a signed statement, in form acceptable to the City, showing, for each weekly payroll period that ended during the period covered by the application for payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the application for payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVI 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 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 B 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 laborers (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 14 WA 13219490.1 their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Agreement. ARTICLE XVII 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 fairly 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 XVIII SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of the 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. The 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 the 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 the 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 the City. Contractor hereby assigns to the City all its interest in any present or future subcontract or purchase order issued by Contractor for any 15 WA 13219490.1 or all of the Work. This assignment shall be effective upon acceptance by the City in writing and only as to the specific subcontract(s) and/or purchase order(s) that the City designates in the writing. This assignment may be accepted by the City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without the City's written consent. ARTICLE XIX ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of the City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. The City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with the City at its request. 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 the City of non-compliance, the City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XX COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXI 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 warrants and guarantees that the Fill Dirt conforms with the plans and specifications and that it is free from "Hazardous Substance" as that term is defined herein. "Hazardous Substance" shall mean any substance, chemical, compound, product, solid, gas, liquid, odor, heat, sound, vibration, radiation, waste, byproduct, pollutant, contaminant, or material which is (A) regulated, defined or designated as a hazardous substance, hazardous waste, extremely or imminently hazardous, carcinogenic, toxic, deleterious, caustic, a pollutant, a contaminant, or a source of contamination pursuant to environmental laws, (B) subject to investigation, monitoring, reporting or remediation by any government authority (local, state, municipal, territorial or federal), (C) asbestos, polychlorinated biphenyls and petroleum and petroleum products (including crude oil or any fraction thereof) or (D) natural gas, synthetic gas 16 WA 13219490.1 and any mixtures thereof. 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. 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, including but not limited to, a breach of warranty concerning Hazardous Substances. ARTICLE XXII STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXIII TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by City for the purchase of any materials or personal property incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXIV SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on -site or off -site locations for use in performance of the 17 WA 13219490.1 Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on -site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on - site employees to complete a construction safety program within sixty (60) days after the date work on the project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. 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. E. If the City deems any part of the Work or the Project site unsafe, the City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to the City or both. If Contractor does not adopt corrective measures, the 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 18 WA 13219490.1 in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with the City's reasonable request. ARTICLE XXV UNAUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVI INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor nor any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of the City for any purpose. ARTICLE XXVII CONFLICT Contractor shall promptly upon discovery notify the City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and the City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXVIII 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 XXIX 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 XXX DISPUTES/ATTORNEY FEES 19 WA 13219490.1 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, the 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 XXXI 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 XXXII 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 the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXIII 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] 20 WA 13219490.1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY.• By: Attorney, u City of Riverside, Missouri JALJOF jFI% Rose,KatWeen L. �. COUNTERSIGNED BY: CITYPURCHASING AGENT. By: R r ATTES"T;r. fi Robin Kincaid, C�y Clir)"C' Heco, Inc.: ` (Signature) Printed Name: Title: ATTEST: SECRETARY, 21 (Name Printed) WA 13219490.1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY.• By: Attorney, City of Riverside, Missouri: By: Kathleen L. Rose, Mayor Dated: COUNTERSIGNED BY: CITYPURCHASING AGENT. By: Brian E. Koral City Administrator ATTEST: Robin Kincaid, City Clerk Heco, Inc.: By: ( ignature) Printed Name: L"A1.., crC t Title: ATTEST: SECRETARY, 21 (Name Printed) WA 13219490.1 EXHIBIT A RATE SCHEDULE FOR STRIPPING AND COMPACTING HOUSTON EXCAVATING AND DEMOLITION EQUIPMENT RENTAL RATES AS OF MARCH 2O14 Types of Equipment Per Hour Caterpillar D&K Dozer $230 Caterpillar 977L Loader $190 Caterpillar 963 Loader $190 Caterpillar 963B Loader $190 Caterpillar 627E Scraper $265 Caterpillar 627B Scraper $255 Caterpillar 613 Paddle Scraper $190 Caterpillar 815 Compactor $190 Caterpillar 320 Track Hoe $210 Caterpillar 330 Track Hoe $235 Hamm Vibratory Compactor $190 Kenworth Tractor w/Low Boy Trailer $165 Peterbuilt Tractor w/41' Push Out Trailer $170 Kenworth Tractor w/Barrel End Dump $135 Air Curtail Tree Burner $110 Komatsu 220 Track Hoe and Breaker $300 Komatsu 220 Track Hoe $240 Cat 320 Track Hoe and Breaker $300 Skid Steer $140 Broom $150 304-Mini Excavator $150 Single Axle Dump $115 Kenworth 17' Tri-Axle Dump $135 Truck & Supervisor $100 Laborer $70 (PREVAILING WAGE RATES) WA 13219490.1 EXHIBIT B AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW I, `,*UiVk A"[�k� , upon being duly sworn upon my oath state that: (1) I am the of H , wc, ; (2) all requirements of Section 290.210 to 290.340. RSMo, pertaining to the payment of wages to workers employ d on public worU pro ects have been fully satisfied with regard to this Contractor's work on l Z171'15 ) i�,�Vk PROJECT; (3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards; (4) based upon my knowledge of these rules, including all occupational titles set out in the applicable regulations, I have completed full and accurate records clearly indicating: (a) the names, occupations, and crafts of every worker employed by this Company in connection with this Project together with an accurate record of the number of hours worked by each worker and the actual wages paid for each class or type of work performed, (b) the payroll deductions that have been made for each worker, and (c) the amounts paid to provide fringe benefits, if any, for each worker. (5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a third party pursuant to a fund, plan, or program on behalf of the workers; (6) these payroll records are kept and have been provided for inspection to the authorized representative of the City 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 subjec me to criminal prosecution. 4 Signature Printed Name Subscribed and sworn to me this Z.4 dE My Commission expires: A I,28I ZD�,ti' GINGER PUBLIC NOTARY BLIC . NOTARY SEAL. 23 My STATE OF WSSO(H COMMISSION EVIRES SEPTEMBER 2% 2025 PLATTE COUNTY N 104399 WA 3219490.1 EXHIBIT C WORK AUTHORIZATION AFFIDAVIT STATE OF MISSOURI ) ss. COUNTY OF As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)l(3). BEFORE ME, the undersigned authority, personally appeared L who, being duly sworn, states on his oath or affirmation as follows: 1. My name is UJVVI and I am currently the of (hereinafter "Contractor"), whose business address is FM3t) ICIW a�lrovkr'.5 DAiAma)Y , and I am authorized to make this Affidavit. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 2. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the . Contractor does not knowingly employ any person who is an una horized alien in connection with(hecontracted services set forth above. 1 �— } 0ktZ0HS FU.j— P>Iv—T Affiant 1,4yvc,c N Name and sworjgbefore me this 2-4 day of , 2023. Y T4ht l�1{ .L�s:t�•�%lifli�� . P=W 4i> 3TAr6 24 '.+I.r I+ot ;X-`m WA 13219490.1 I, EXHIBIT B AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW (1) I am the upon being duly sworn upon my oath state that: 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 PROJECT; (3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards; (4) based upon my knowledge of these rules, including all occupational titles set out in the applicable regulations, I have completed full and accurate records clearly indicating: (a) the names, occupations, and crafts of every worker employed by this Company in connection with this Project together with an accurate record of the number of hours worked by each worker and the actual wages paid for each class or type of work performed, (b) the payroll deductions that have been made for each worker, and (c) the amounts paid to provide fringe benefits, if any, for each worker. (5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a third party pursuant to a fund, plan, or program on behalf of the workers; (6) these payroll records are kept and have been provided for inspection to the authorized representative of the City 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. Signature Printed Name Subscribed and sworn to me this day of , 2023. My Commission expires: 23 Notary Public WA 13219490.1 EXHIBIT C WORK AUTHORIZATION AFFIDAVIT STATE OF MISSOURI ) ss. COUNTY OF ) As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). BEFORE ME, the undersigned authority, personally appeared , who, being duly sworn, states on his oath or affirmation as follows: 1. My name is and I am currently the of (hereinafter "Contractor"), whose business address is , and I am authorized to make this Affidavit. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 2. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the Janitorial Services. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. Affiant Printed Name Subscribed and sworn to before me this day of , 2023. Notary Public 24 WA 13219490.1 EXHIBIT D ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction valued at $100,000, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of: Goods or services from the State of Israel; Companies doing business in, or with, Israel Companies authorized by, licensed by, or organized under, the laws of the State of Israel; or Persons or entities doing business in the State of Israel. For a definition of the term "boycott", please refer to RSMo. §34.600.3. By signing below, the entity agrees and certifies that it does not currently, and will not for the duration of this contract, engage in any of the types of boycotts listed above. Contractor: By : l rr Cy 'J� Name: L Title: 041 WA 13219490.1 EXHIBIT D ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction valued at $100,000, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of. Goods or services from the State of Israel; Companies doing business in, or with, Israel Companies authorized by, licensed by, or organized under, the laws of the State of Israel; or Persons or entities doing business in the State of Israel. For a definition of the term "boycott", please refer to RSMo. §34.600.3. By signing below, the entity agrees and certifies that it does not currently, and will not for the duration of this contract, engage in any of the types of boycotts listed above. Contractor: By: Name: Title: 25 WA 13219490.1