HomeMy WebLinkAboutR-2024-047 Awarding Bid for Construction of 2024 Street Maintenance Concrete and Agreement with Terry Snelling Contstruction, Inc.RESOLUTION NO. R-2024-047
A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE 2024
STREET MAINTENANCE - CONCRETE AND APPROVING THE AGREEMENT
BETWEEN THE CITY AND TERRY SNELLING CONSTRUCTION, INC. FOR
CONSTRUCTION OF SUCH PROJECT
WHEREAS, the City issued a request for bids for the construction of improvements for the
2024 Street Maintenance - Concrete (Project No. 327-024) ("Project"); and
WHEREAS, the City received one response to its request for bid and the proposal submitted by
Terry Snelling Construction, Inc. ("Terry Snelling") in the amount of $1,047,075.00 has been evaluated
by the City and recommended as the most advantageous proposal for performance of the project; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a
contract with Terry Snelling to perform the Project;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS
THAT the proposal of Terry Snelling for the construction of the 2024 Street Maintenance
- Concrete in the amount of $1,047,075.00 is hereby accepted and approved; and
FURTHER THAT an agreement by and between the City of Riverside and Terry Snelling in
substantially the same form as attached hereto in Exhibit "A" and incorporated herein by reference
is hereby authorized and approved; and
FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo,
which requires all contractors or subcontractors doing work on the project to provide, and require
its on -site employees to complete, a ten (10) hour course in construction safety and health
approved by the Occupational Safety and Health Administration (OSHA) or a similar program
approved by the Missouri Department of Labor and Industrial Relations which is at least as
stringent as an approved OSHA program. Such training must be completed within sixty (60) days
of the date work on the Project commences. On -site employees found on the worksite without
documentation of the required training shall have twenty (20) days to produce such documentation; and
FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are
hereby authorized to execute all documents and agreements necessary or incidental to carry out
the terms and conditions of such bid award and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the
Mayor of the City of Riverside Missouri the 7th day of May 2024.
/s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Robin Kincaid
Robin Kincaid, City Clerk
EXHIBIT "A"
2024 Street Maintenance - Concrete Project Manual
PROJECT MANUAL
2024 Street Maintenance - Concrete
PROJECT NO: 327-024
The City of Riverside, Missouri
April 3, 2024
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 AUTHORIZATION
AGREEMENT
EXHIBIT A PERFORMANCE BOND
EXHIBIT B PAYMENT BOND
EXHIBIT C MAINTENANCE BOND
EXHIBIT D STATE PREVAILING WAGE RATES (MISSOURI)
EXHIBIT E TIME FOR COMPLETION
EXHIBIT F SCOPE OF WORK
EXHIBIT G TECHNICAL SPECIFICATIONS
EXHIBIT H NOTICE TO PROCEED
EXHIBIT I EXAMPLE - APPLICATION FOR PAYMENT FORM
EXHIBIT J EXAMPLE - CHANGE ORDER FORM
EXHIBIT K CERTIFICATE OF SUBSTANTIAL COMPLETION
EXHIBIT L AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
EXHIBIT M ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION
EXHIBIT N CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
EXHIBIT O SUBCONTRATOR AFFIDAVIT FOR FINAL PAYMENT
EXHIBIT P ENGINEER/CONSULT. CERT. for Acceptance & Final Payment
SPECIFICATIONS
DIVISION 1— GENERAL REQUIREMENTS
Section | Description
01015 CONTRACTOR USE OF PREMISES
01030 SPECIAL CONDITIONS
01040 COORDINATION
01060 STANDARD SPECIFICATIONS AND PLANS
01270 MEASUREMENT AND PAYMENT
01310 JOB SITE ADMINISTRATION
01320 CONSTRUCTION SCHEDULE
01330 SUBMITTALS
01410 TESTING LABORATORY SERVICES
01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE
01570 TEMPORARY TRAFFIC CONTROL
01732 DEMOLITION
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
CITY OF RIVERSIDE, MISSOURI
ADVERTISEMENT FOR BIDS
Separate sealed bids for the 2024 Street Maintenance - Concrete (Project No. 327-024) will be received
by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 A.M.,
on April 25, 2024, and then publicly opened and read aloud at Riverside City Hall.
The Information for Bidders, Form of Bid, Agreement, Specifications, and Forms of Bid Bond,
Performance and Payment Bond, and other Contract Documents may be examined at the office of the
City Engineer at the above city hall address. Copies may also be obtained at the above city hall address.
You can also view the Information for bidders and advertisement on the City of Riverside's website
http://www.riversidemo.govirfps.
The City reserves the right to waive any informality or to reject any or all bids. Each bidder must deposit
a bid security in the amount, form and subject to the conditions provided in the Information for Bidders.
No bidder may withdraw a bid within 90 days after the actual date of the opening thereof.
Attention of bidders is particularly called to the requirements as to conditions of employment to be
observed and minimum wage rates to be paid under the agreement.
Dated: April 3, 2024
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CITY OF RIVERSIDE, MISSOURI
INFORMATION FOR BIDDERS
The City of Riverside, Missouri (the "City") invites sealed bids on the forms contained in the Bid Package
and Contract Documents for the
2024 Street Maintenance - Concrete
(Project No. 327-024)
1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City
Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m. on April 25, 2024, at which time all sealed
bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s) containing the
bids must be sealed, clearly marked on the outside of the envelope "2024 Street Maintenance - Concrete
(Project No. 327-024)" and addressed to the City Clerk at Riverside City Hall.
The City reserves the right to award the contract by sections, to accept or reject any and all bids, to waive any
technicalities or irregularities therein, to determine in its sole discretion the lowest responsive and responsible
bidder, and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for return
of the bid packet submitted by filing a written request with the City Clerk prior to the above scheduled time for
the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall
not be considered. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof
without forfeiture of the Bid Security.
2. There will not be a Pre -Bid Meeting.
3. Rejection of all Bids. If the City rejects all Bids, the City may: (1) re -advertise or re -solicit Bids following the
City's normal bidding procedure; or (2) use an expedited Bid submission schedule when the City determines that
the delay would not be in the best interest of the project or the City.
BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY
BECAUSE OF SUCH REJECTION, AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS
INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS.
4. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and include:
(1) Qualifications of Bidder (Experience Questionnaire) with Certificate of Good Standing
(2) Affidavit of Work Authorization with E-Verify attached (2 pages)
(3) Bid Bond
(4) Bid Form
All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing
Certifications must be fully completed and executed when submitted. On alternate items for which a bid is not
submitted, a written indication of "no bid" on the bid form is required. No oral, electronic, facsimile or telephonic
bids or alterations will be considered.
A complete set of the bidding documents are on file for examination at the office of the City Engineer at Riverside
City Hall or on the City of Riverside's website http://www.riversidemo.gov/rfps. A copy the bidding documents
may be obtained from Riverside City Hall, Telephone 816-741-3993.
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT
DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS
THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR
THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM
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ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS
INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK.
The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of
the work.
Bids by a corporation must be executed in the corporate name by the president or a vice-president (or other
corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested
by the secretary or an assistant secretary. The corporate address shall be shown below the signature.
Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must appear
under the signature and the official address of the partnership must be shown below the signature.
5. Addenda and Interpretations: No interpretation of the meaning to the specifications, or other pre -bid
documents will be made to any bidder orally. Every request for such interpretation should be addressed to:
City Engineer, City of Riverside: Travis Hoover; thoover@riversidemo.gov or 816-372-9004
and to be given consideration must be received by April 18, 2024, at 5pm.
Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the
Bid Documents which, if issued, will be mailed by the fastest delivery method available via registered mail or
overnight delivery, and may also be mailed electronically or faxed to all prospective bidders recorded as having
received the Bid Documents, not later than three (3) calendar days prior to the date fixed for the opening of bids.
Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any
obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.
Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid
submission, each Bidder shall verify that it has considered all written addenda. No one is authorized to make
any clarifications, interpretations or modifications or give any instructions to the bidders during the
bidding period except as described in this Section.
6. Substitute Material and Equipment: The contract, if awarded, will be on the basis of material and equipment
described in the drawings or specified in the specifications without consideration of possible substitute of "or -
equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute "or -equal"
item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such
acceptance will not be considered by City until after the "effective date of the Agreement".
7. Subcontracts: The bidder shall submit to the City with the Bid a list of all proposed sub -contractors to be used
on the project. The list shall indicate those portions of the work each sub -contractor will be performing. The
Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate
which materials each supplier is furnishing.
The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time
of submission of the bid to manage or perform all of the Work required to be performed on the project by
Contractor under the Agreement.
8. Qualifications of Bidder (Experience Questionnaire): The City may make such investigations as it deems
necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all
such information and data for this purpose as the City may request. The City reserves the right to reject any bid if
the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly
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qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional
bids will not be accepted. At a minimum, each Bidder must submit the following information with the Bid:
Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification and
good standing to do business in the State of Missouri or covenant to obtain such qualification prior to
award of the contract.
Key Personnel. Identify the following Key Personnel proposed for the Project. (NOTE: Key Personnel
must be committed to the Project for its duration, and may not be removed or substituted without the
City's prior written consent.)
GC Project Manager
On -Site Field Superintendent
QC/QA Manager
Safety Officer
For each of the Key Personnel, provide the following background information:
• Years of employment with current employer;
• Other projects this person will be involved with concurrently with the project;
• Provide professional registrations, education, certifications and credentials held by the
person that are applicable to the Project.
Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality Assurance/Quality
Control Plan for this project
• Describe key issues that might affect the Project schedule and how Bidder proposes to address
them
• Provide a statement regarding all work performed two (2) years immediately preceding the date
of the Bid that contains either (a) any written notices of violations of any federal or state prevailing
wage statute in which prevailing wage penalties were assessed against the Bidder or paid by the
Bidder; or (b) a statement that there have been no such written notices of violations or such
penalties assessed
Statement of Assurances. Provide affirmation of the following items:
• Statement that Bidder is current on payment of Federal and State income tax withholdings and
unemployment insurance payments
• Statement that the Bidder has not been rescinded or debarred from any bidding, contractual,
procurement or other such programs by federal state or local entities.
• Statement of Bidder's litigation and/or arbitration history over the past seven (7) years including
final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved.
• Statement of Bidder's bond history over the past seven (7) years including any incidences of
failure to perform.
• Provide sworn affidavits as outlined in the Information to Bidders' concerning Bidder's
participation in the federal work authorization program.
• Statement that there is no collusion or fraud with reference to illegal relationships of bidders and
representatives of the City, bid pooling or strawbids
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9. Bid Security: Each bid must be accompanied by a bid bond payable to the City for five percent (5%) of the
total amount of the bid. A certified check made payable to "The Treasurer of the City of Riverside" may be used
in lieu of a bid bond. Attorneys -in -fact who sign bid bonds must file with each bond a certified and effectively
dated copy of their power of attorney.
As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest
responsible bidders. The bid bond of the remaining bidders will be retained by the City until the earlier of (a) the
91st day after the bid opening, or (b) execution and delivery of the Agreement together with all bonds, evidence
of insurance, work authorization affidavit and other documents required under the Agreement by the bidder to
whom Notice of Award is given. The Bid Security shall be forfeited to the City if the bidder to whom an award
is made fails to enter into the required contract or fails to deliver the required performance or payment bonds.
10. Liquidated Damages for Failure to Enter into Agreement: If the Bidder fails or refuses to execute the
Agreement and deliver such additional documentation within ten (10) days of Notice of Award, any Bid Security
shall immediately become due and payable and forfeited to the City as liquidated damages. Bidders agree that
this is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to
honor its bid and that the liquidated damages in this Section are not penal in nature but rather the parties' attempt
to fairly quantify the actual damages incurred by the City for the Bidder's refusal to honor its bid.
11. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date
to be specified in a written "Notice to Proceed" of the City and to fully complete the project by 11/30/2024. Bidder
must agree also to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter as
hereinafter provided in the Agreement and Contract Documents. No time extensions will be granted, except in
case of unusual (unseasonable) weather conditions or additional work requested by the City. Bidder agrees that
the sum of $500 per day is a fair and reasonable approximation of the actual damages incurred by the City
for the Bidder's failure to complete the project within the time outlined above and that such liquidated
damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual
damages incurred by the City for such delays.
12. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the construction of
the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its
obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible
the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption
of or interference with the work of any other contractor.
13. Laws and Regulations: The bidder's attention is directed to the fact that all applicable State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall
apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein
written out in full.
14. Method of Award - Lowest Responsible Bidder: If at the time this contract is to be awarded, the lowest bid
submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to
finance the contract; the contract will be awarded to the "lowest responsible bidder". If such bid exceeds such
amount, the City may reject all bids or may award the contract on such items as identified by and deemed in the
best interest of the City, in its sole discretion, as produces a net amount which is within the available funds.
Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the
Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination
and in any order or priority as deemed in the best interest of the City. The City may make this determination at
any time after bid closing and prior to contract award. The City will act in the best interest of the City in
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determining whether to include any, all or none of the Alternates and the combination and priority of any
Alternates selected. If additional funding becomes available after Contract award, the City may add any or all of
the Alternates to the Agreement by Change Order.
The City may consider the qualifications and experience of subcontractors and other persons and organizations
(including those who are to furnish the principal items of material or equipment) proposed for portions of the
work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment
may also be considered by the City.
The City reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard
all nonconforming, non -responsive or conditional bids. In evaluating bids, the City shall consider the
qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and
unit prices if requested in the Bid.
The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to
establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other
persons and organizations to do the work in accordance with the Contract Documents to the City's satisfaction
within the prescribed time.
The City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the City's
satisfaction.
If the contract is to be awarded, it will be awarded to the lowest responsible bidder whose evaluation, in the sole
determination by the City, indicates to the City that the award will be in the best interests of the project.
15. Oblivation of Bidder: At the time of the opening of bids, each bidder will be presumed to have inspected the
site and to have read and to be thoroughly familiar with the Contract Documents (including all addenda). The
failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder
from any obligation in respect to the bid submitted. On request, City will provide each Bidder access to the site
to conduct such investigations and tests as each Bidder deems necessary for submission of his bid.
REJECTION OF BID SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE, MISSOURI
BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL
CONSTITUTE AN AGREEMENT OF THE BIDDER TO THIS CONDITION.
16. Federal Work Authorization Program Participation: Bidders are informed that pursuant to Section
285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the
successful bidder shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation
in a federal work authorization program with respect to the employees working in connection to the contracted
services. The affidavit shall further provide that the successful bidder does not knowingly employ any person who
is an unauthorized alien in connection to the contracted services.
17. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that the
Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States.
Affirmative proof can be established through a Valid Driver's License; US Birth Certificate (certified with an
embossed, stamped or raised seal issued by a state or local government — hospital certificates are not acceptable);
US Passport (valid or expired); US Certificate of Citizenship, Naturalization or Birth Abroad; US Military
Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a state or local
government.
18. Safety Standards and Accident Prevention: \i ith respect to all work performed under this contract, the
Contractor shall:
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a. Comply with the safety standards provisions of applicable laws, building and construction codes, and
the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of
America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and
the requirements of Section 292.675, RSMo
b. Exercise every precaution at all times for the prevention of accidents and the protection of persons
(including employees) and property.
c. Maintain at Contractor's office or other well known place at the job site, all articles necessary for giving
first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
d. Bidders are informed that the Project is subject to the requirements of Section 292.675, RSMo, which
requires all contractors or subcontractors doing work on the Project to provide, and require its on -site
employees to complete, a ten (10) hour course in construction safety and health approved by the
Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri
Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program.
The training must be completed within sixty (60) days of the date of work on the Project commences. On -
site employees found on the worksite without documentation of the required training shall have twenty
(20) days to produce such documentation.
19. Prevailing Wage: Wage rates for the project shall be not less than the prevailing wage rates for Platte County
currently in effect as determined by the Division of Labor Standards of the State of Missouri, pursuant to RSMo
290.210 et seq. The Contractor will forfeit a penalty to the City of $100 per day, or portion thereof, for each
worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or any
Subcontractor.
20. Reserved
21. American Products: Pursuant to RSMo 34.353, any manufactured good or commodities used or supplied
in the performance of the contract (or subcontract) shall be manufactured or produced in the United States, unless
determined to be exempt as provided in state law.
22. Transient Employers: Pursuant to RSMo 285.230, every transient employer (employer not domiciled in
Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the
following: 1) Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2)
Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of
Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for
unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be
liable for a penalty of $500.00 per day until such notices required by RSMo 285.230 et seq. are posted.
23. Current City Business License: The successful bidder, and all subcontractors, shall obtain a current city
business license prior to beginning construction.
24. Sales Tax Exemption Certificate: The City will supply the Contractor with a Project Exemption Certificate
for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing its bid, omit
from its computed costs all sales and use taxes related to the purchase of materials or other tangible personal
property incorporated into or consumed in the construction of the Project.
25. Non Discrimination and Equal Opportunity: Contractor shall ensure that all employees are treated equally
without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby notifies all
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bidders that it will affirmatively insure that in any contract entered into pursuant to this bid, socially and
economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or
national origin in consideration for an award. The City of Riverside is an equal opportunity employer and
encourages minority, women and disadvantaged contractors to submit bids.
26. Security for Payment and Faithful Performance: Simultaneously with delivery of the executed contract,
the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the
payment of all persons performing labor on the project under this contract and furnishing materials in connection
with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and
shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on
such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall have a rating of
at least "A-" from Best's in an amount equal to one hundred percent (100%) of the contract price that does not
include the cost of operation, maintenance and money. Attorneys -in -fact who sign contract bonds must file with
each bond a certified and effectively dated copy of their power of attorney.
27. Signing of Agreement: When City gives a Notice of Award to the successful bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten
(10) days thereafter Contractor shall sign and deliver at least three (3) counterparts of the Agreement to City with all
other Contract Documents attached and signed as required, together with the required bonds, evidence of insurance,
city licenses and work authorization affidavit and documentation. Within ten (10) days thereafter City will deliver
all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time after delivery
of signed counterparts to Contractor.
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BID FOR UNIT PRICE
To: City of Riverside, Missouri
Project: 2024 Street Maintenance - Concrete
Project No. 327-024
Date April 25, 2024
Proposal of TERRY SNELLING CONSTRUCTION INC (hereinafter called "Bidder") a
corporation/partnership/individual/or other entity organized and existing under the laws of the State of
Missouri, a corporation doing business as
TERRY SNELLING CONSTRUCTION INC
To the City of Riverside, Missouri (hereinafter called "City")
To Whom It May Concern:
The Bidder, in compliance with your invitation for bids for the construction of the above referenced project
having examined the specifications with related documents and the site of the proposed work, and being
familiar with all of the conditions surrounding the construction of the proposed project including the
availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the contract documents, within the time set forth therein, and at the
prices stated below. These prices are to cover all expenses incurred in performing the work required under
the contract documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a date to be specified in written
"Notice to Proceed" of the Owner and to fully complete the project by 11/30/2024. Bidder further agrees to
pay as liquidated damages, the sum of $500 for each consecutive calendar day as provided in the Contract
Documents. Bidder agrees that the sum of $500 per day is a fair and reasonable approximation of the actual
damages incurred by the City for the Bidder's failure to complete the project within the time outlined above
and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly
quantify the actual damages incurred by the City for such delays.
Bidder acknowledges receipt of the following addendum(s):
Bidder agrees to perform all of the project work described in the scope of work, for the unit prices contained
in the attached Bid for Unit Price attached hereto. Amounts are to be shown in both words and figures. In
case of discrepancy, the amount shown in words will govern:
One Million Forty Seven Thousand and seventy five dollars
and no/100 ($ 1,047,075.00)
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The unit prices attached shall include all labor, materials, bailing, shoring, removal, overhead, profit,
insurance, etc., to cover the finished work of the several kinds called for. Changes shall be processed in
accordance with Article VII of the Agreement.
Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in
the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar days after
the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached
within 10 days and deliver a Surety Bond or Bonds as required by the Agreement.
The bid security attached in the sum of 5% of bid amount
($ ) is to become the property of the City in the event the Agreement 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.
(SEAL - if bid is by a corporation)
Respectfully submitted:
By /s/
Title: President
Street: 20004 E Yocum Rd
City, State, Zip: Indep. Mo 64058
Phone: 816-985-4507
14
BID FORM
BID FOR UNIT PRICE CONTRACTS
(Pricing)
CONTRACTOR: TERRY SNELLING CONSTRUCTION INC
2024 STREET MAINTENANCE - CONCRETE (327-024)
ITEM NO. | BID ITEM DESCRIPTION | EST. QTY. | UNIT | UNIT PRICE | PRICE EXTENSION
1 Curb Replacement 10,000 LF 53. 26 532,500.00
2 4" Concrete Sidewalk 10,000 SF 13.00 130,000.00
3 6" ADA Sidewalk Ramp Replacement 525 SF 19.00 9,975.00
4 8" Fire Bays reinforced approach 7200 SF 26.75 192,600.00
5 Median Island Replacement 4000 SF 45.50 182,000.00
BASE BID TOTAL 1,047,075.00
All Concrete shall be KCMMB 4K
NW Northwood Rd and Fire Bays reinforced approach shall be completed by June 30, 2024
Item NO. 1
• NW Belgium Blvd
• NW Northwood Rd
• NW Gateway Ave
Item NO. 2 (5' sidewalks)
• NW 50`h Terr
• NW Linden Ln
• NW Gateway Ave
• NW Northwood Rd
Item NO. 3
• NW Gateway Ave
• NW Linden Ln
Item NO. 4
• 8" thick, #4 bars @ 12" centers each way, placed center of thickness
• Colored concrete "Bonfire" includes curb
Item NO. 5
• NW Northwood Rd Roundabouts — Median Island Replacement
• Remove existing curb and bricks and replace with 6" colored concrete "Bonfire"
15
BID BOND
(Bid Security)
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
Terry Snelling Construction, Inc. as PRINCIPAL and
Great American Insurance Company as SURETY, arc held and firmly bound
unto the City of Riverside, Missouri, ("City") in the sum of
Five Percent of the Total Amount Bid ($ 5% )
("Bid Security"), for the payment of which sum well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, successors, and assigns, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has submitted a
bid dated April 25, 2025 , to enter into a contract in writing for the 2024 Street
Maintenance - Concrete (Project No. 327-024);
NOW, THEREFORE,
IF said Bid shall be rejected, or in the alternate,
IF Principal shall not withdraw the bid within the period specified therein after the opening of
bids, or, if no period be specified, within ninety (90) days after the bid opening, or in the alternate,
IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of
contract attached hereto, properly completed with all attachments and requirements pertaining thereto,
and shall furnish a bond for the faithful performance of said contract, and for the payment of all persons
performing labor or furnishing materials in connection therewith, shall in all other respects perform the
agreement created by the acceptance of said Bid within ten (10) days after such Contract Documents are
presented to Principal for signature, or in the alternate,
In the event of the withdrawal of the Bid within the period specified, or the failure to enter into
such contract within the time specified, then the Bid Security shall immediately become due and payable
and forfeited to the City as liquidated damages. Principal and Surety agree that this is a fair and
reasonable approximation of the actual damages incurred by the City for the Principal's failure to honor
its bid and that the liquidated damages in this section are not penal in nature but rather the parties' attempt
to fairly quantify the actual damages incurred by the City for the Principal's refusal to honor its bid.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its bond shall be in no way impaired or affected by the extension of the time within which the City
may accept such Bid; and said Surety does hereby waive notice of any such extension.
16
1N WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and
such of them as or corporations have caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers, the day and year set forth herein.
Terry Snelling Construction, Inc.
PRINCIPAL
By: /s/ Terry S. Snelling
(Signature)
Printed Name: TERRY S. SNELLING
Title: President
Date: 4/25/24
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. Great American Insurance Company
SURETY
By: /s/ Luanne K. Degler
Printed Name: Luanne K. Degler
Title: Attorney-in-Fact
Date: 4/25/2024
SURETY POWER OF ATTORNEY MUST BE ATTACHED
17
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than Six
No. 021826
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
Branden Banks
Stephanie Beggs
Luanne K. Degler
Jerome E. Fallen
Tandra Stacer
William R. Wilkerson, IV
Address
All of Fairway, Kansas
Limit of Power
All $100,000,000
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 12th day of July, 2022
Attest
/s/
GREAT AMERICAN INSUJtANCE COMPANY
/s/ Mark Vicario
Divisional Senior Vice President
Assistant Secretary
MARK VICARIO (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 12th day of July 2022 before me personally appeared MARK VICARIO, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
/s/ Susan A Kohorst
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and arc now in full force and effect.
Signed and sealed this 25th day of April 2024.
/s/
Assistant Secretary
S1029AH (03/20)
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.
TERRY SNELLING CONSTRUCTION INC.
(Company Name) (Primary Contact Name)
20004 E Yocum Rd Independence, MO 64058
(Address) (City, State, Zip Code)
816-985-4507 816-796-9888 terry@terrysnellingconstruction.com
(Phone Number) (Fax Number)
Federal ID Number: 27 0875968 or SSN: N/A
(Check all that apply)
X General Contracting
X Demolition
X Other: Utility
X Paving
X Erosion Control
X Seeding
X Seeding
Name of State(s) in which incorporated: Missouri
Date(s) of incorporation: August 24th 2009
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: Cert-03272024-0229 Date: March 27, 2024
Name of the following officers:
TERRY S. SNELLING William E. Ernst
(President's Name) (Vice-President's Name)
Kelly L. Snelling Terry S. Snelling
(Secretary' Name) (Treasurer's Name)
Date of Organization: Aug. 24th 2009
Type of Partnership: _General _Limited _Association
18
STATE OF MISSOURI
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
Terry Snelling Construction Inc.
00994298
was created under the laws of this State on the 24th day of August, 2009, and is in 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 State of
Missouri. Done at the City of Jefferson, this 27th day of March, 2024.
/s/ Jay Ashcroft
Secretary of State
Certification Number: CERT-03272024-0229
Names and addresses of all partners (use additional sheet if necessary):
TERRY S. SNELLING 2004 E Yocum Indep. Mo 64058 51%
(Name) (Address) (City, State, Zip)
William E. Ernst 2004 E Yocum Indep. Mo 64058 49%
(Name) (Address) (City, State, Zip)
1. How many years has your Company been in business as a contractor under your present business
name? 22
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:
TERRY SNELLING CONSTRUCTION (Sole Prop)
3. How many years' experience in the proposed type and size of construction work has your Company
had: (a) as a general contractor 22; (b) as a subcontractor 22 ?
4. List the three most recent projects your Company has completed similar in scope to the proposed
work:
Proiect Name or City 2023 Curb Repair Program - Raymore, Mo
Contact Name Paschal Smith Phone 816-308-7917
Contract Amount $ 845,000.00 When Completed? 10/23
Description of Work Removal and replacement of concrete
curb and gutter, sidewalks ADA ramps
Project Name or City Vaile Sidewalks Phase 1 - Independence, Mo
Contact Name Shane Moore Phone 816-591-0710
19
Contract Amount $ 500,000.00 When Completed? 8/23
Description of Work Storm sewer, sidewalks, curbsand driveways
Project Name or City Riverside Mo Curb & Trail - Riverside, Mo
Contact Name Travis Hoover Phone 816 -769-1601
Contract Amount $ 467,000.00 When Completed? 3/23
Description of Work Construction of walking trail, sidewalks
ADA ramps and conc. curb & gutter
5. What other important projects has your Company completed?
Project Name or City Centerview Phase II Boardwalk - Raymore Park
Contact Name Steve Rulo Phone 816-810-6744
Contract Amount $ 580,000.00 When Completed? 11/22
Description of Work Construction of elevated boardwalk along
rock outcrop[p]ing behind Centerview Facility in Raymore, Mo.
Project Name or City: Hardy Ave Sidewalks - Indep. Mo
Contact Name Shane Moore Phone 816-591-0710
Contract Amount $300,000.00 When Completed? 11/22
Description of Work Reconstruction of sidewalks, curbs
and ADA along Hardy Ave in Independence
20
6. List at least two engineering firms with whom you have worked, and the name of the individual
who was your primary point of contact:
Construction Engineering Services - Lee Bodenheimer 816-478-2323
Lampen Engineering Inc. - Joe Lampen 816-220-0246
7. Have you ever failed to complete any work on a project or defaulted on a contract? If so, where and
why? (attach additional pages if necessary)
No
8. 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:
Great American Insurance Co - Haas/Wilkerson Insurance
Luanne Degler 913-676-9376
9. What is your present bonding capacity?
$5,000,000.00
10. List each and every incidence of failure to perform that resulted in a claim under a Performance or
Payment Bond:
None
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 Mike Hallahan Position Civil Engineer
Years of construction experience: 40
Magnitude & Type of Work Engineer - estimator - Project Mgr
In What Capacity? Staff engineer
Years of Employment with Contractor: 5
Other projects this individual will be involved with concurrently with this project:
21
Truman Depot - Independence
Education, professional registrations, certifications and credentials held by individual applicable to the Project:
Civil Engineer - Responsible person Johnson Co
Kansas Class A Builders license - Attached
NAME TERRY S. SNELLING Position President
Years of construction experience: 45
Magnitude & Type of Work General Operations
In What Capacity? President,
Years of Employment with Contractor: 24
Other projects this individual will be involved with concurrently with this project:
All projects
Education, professional registrations, certifications and credentials held by individual applicable to
the Project: Johnson Co Class A License Holder - Construction Management
NAME John Phillips Position General Superintendent
Years of construction experience: 35
Magnitude & Type of Work Concrete - Earthwork - Grading
In What Capacity? Lead man - Superintendent - crew leader
Years of Employment with Contractor: 10
Other projects this individual will be involved with concurrently with this project:
None
Education, professional registrations, certifications and credentials held by individual applicable to
the Project:
Construction - concrete curb & gutter experience
22
JOHNSTON COUNTY KANSAS
Contractor Licensing
2024-0010734
TERRY SNELLING CONSTRUCTION INC
20004 E YOCUM RD
INDEPENDENCE, MO 64058
JOHNSON COUNTY, KANSAS
Contractor Licensing
JOHNSON COUNTY, KANSAS
CONTRACTOR LICENSING PROGRAM
Hereby grants the following:
Class A - General Contractor
2024 CONTRACTOR LICENSE TO
TERRY SNELLING CONSTRUCTION INC
ISSUED BY:
Contractor Licensing Program
Johnson County, KS
111 South Cherry Street, #1000
Olathe, KS 66061
LICENSE EXPIRES DECEMBER 31, 2024
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
Wachter Newsom - Mini x 8 Very Good
Takeuchi TL12 Skid loader 4 Excellent
Takeuchi TL10 Skid loader 1 Excellent
2006 Kenworth quad axle dump 17 Very Good
1998 Volvo tandem dump 25 Good
13. List below the contracts to which your company, any principal in your company, or any prior
companies owned by a principal in your company were a party during the previous seven (7) years
that involved litigation of any type, arbitration, mechanics lien claim or other claim in an amount over
$10,000 (include pending cases with a notation that the matter is still unresolved):
None
14. On a typical project, what percent of the work is completed by your own forces? 90 % What
percent by subcontract? 10%. List subcontractors you propose to use on this project and their
responsibility in this contract.
Subcontractor Name | Contract Responsibility | % of Contract
(1) Currently No Subcontractors
Address State Zip Phone Number
(2) Address State Zip Phone Number
(3) Address State Zip Phone Number
(4) Address State Zip Phone Number
(5) Address State Zip Phone Number
23
15. Is your Company current on payment of Federal and State income tax withholdings and
unemployment insurance payments? yes
If the answer is no, please provide detail:
16. Has your Company, or any principal in your company, been rescinded or debarred from ai y bidding,
contractual, procurement or other such programs by federal, state or local entities? No
If the answer is yes, please provide detail:
17. Has your Company received any written notices of violations of any federal or state prevailing wage
statute in which prevailing wage penalties were,assessed against your Company or paid by your
Company during the last two (2) years? No
If the answer is yes, please provide the detail of each and every such notice:
The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
infonnation requested by the City in verification of the recitals comprising this Experience
Questionnaire and agrees to hold any such person, firm or corporation harmless for providing any
such information to the City of Riverside.
Dated on behalf of said Company this 24th day of April 2024.
By: /s/ Terry S. Snelling
Title President
State of Missouri )
) ss
County of Jackson
being duly sworn, deposes and says that he is the President of
TERRY SNELLING CONSTRUCTION INC Company, that he/she has been authorized by
such Company to complete the foregoing statement, and that the answers to the foregoing questions and
all statements therein contained are true and correct.
Subscribed and sworn to me before this 24th day of April, 2024.
/s/ Dakota J. Briner
Notary Public
My commission expires: 1/29/2028
DAKOTA J. BRINER
Notary Public -Notary Seal
STATE OF MISSOURI
Jackson County
My Commission Expires Jan. 29, 2028
Commission #19663052
AFFIDAVIT for WORK AUTHORIZATION
(as required by Section 285.530, Revised Statutes of Missouri)
As used in this Affidavit, the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization
programs operated by the United States Department of Homeland Security or an equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify information of newly hired employees,
under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,
(a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's
conduct or that those circumstances exist; or
(b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain
to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the
United States, as defined in 8 U.S.C. 1324a(h)(3).
State of Missouri )
County of Jackson ) ss:
BEFORE ME, the undersigned notary, personally appeared TERRY S. SNELLING, who, being duly
sworn, states on his/her oath or affirmation as follows:
1.My name is TERRY S. SNELLING and I am currently the President of
TERRY SNELLING CONSTRUCTION INC (hereinafter "Contractor"), whose business address is
20004 E Yocum Rd Indep. Mo 64058 , and I am authorized to make this Affidavit.
2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated
herein.
3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees
working in connection with the following services contracted between Contractor and the City of Riverside: 2024 Street
Maintenance - Concrete (Project No. 327-024).
4.Contractor does not knowingly employ any person who is an unauthorized alien in connection with the
contracted services set forth above.
5.Attached hereto is documentation affirming Contractor's nrollment and participation in a federal work
authorization program with respect to the employees working in c tion wi contracted . ervices.
Further, Affiant sayeth not.
/s/ Terry S. Snelling Pres.
Signature of Affiant
Printed Name: TERRY S. SNELLING
Subscribed and sworn to before me this 24th day of April, 2024.
/s/ Dakota J. Briner
Notary Public
*PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify
Memorandum of Understanding: (1) a valid, completed copy of the first page identifying the Contractor; and (2) a valid copy of the
signature page completed and signed by the Contractor, and the Department of Homeland Security — Verification.
DAKOTA J. BRINER
Notary Public-Notary Seal
STATE OF MISSOURI
Jackson County
My Commission Expires Jan. 29, 2028
Commission #19663052
EVeriIy
Company ID Number 201307
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Terry Snelling Construction (Employer)
regarding the Employer's participation in the Employment Eligibility Verification Program (E-
Verify). This MOU explains certain features of the E-Verify program and enumerates specific
responsibilities of OHS, the Social Security Administration (SSA), and the Employer. E-Verify is
a program that electronically confirms an employee's eligibility to work in the United States after
completion of the Employment Eligibility Verification Form (Form I-9). For covered government
contractors, E-Vertfy is used to verify the employment eligibility of all newly hired employees and
all existing employees assigned to Federal contracts.
Authority for the E-Verify program is found in Title IV. Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22,18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropnate by law, to
individuals responsible for the verification of Social Secunty Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S C. 1306(a)), and SSA
regulations (20 CFR Part 401).
Company Number: 201307
To be accepted as a participant in E-Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E-Verify at 888-464-4218.
Employer Terry Snelling Construction
Terry S. Snelling
Electronically Signed 03-26-2009
Department of Homeland Security - Verification Division
USCIS Verification Division
Electronically Signed 03/26/2009
AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND
Contractor: Terry Snelling Construction, Inc.
FOR COMPLETION OF 2024 STREET MAINTENANCE - CONCRETE
Project No. 327-024
RESOLUTION NO.: 2024
CONTRACT PRICE: $1,047,075.00
26
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
2024 STREET MAINTENANCE - CONCRETE
Project No: 327-024
THIS AGREEMENT, made and entered into as of the day of
2024, by and between the City of Riverside, Missouri ("City"), and Terry Snelling Construction, Inc.
("Contractor"), shall govern all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Resolution No. 2024- , duly
approved on the 7th day of May, 2024 and by virtue of the authority vested in City by the general
ordinances of City, intends to enter into one or more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of
City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions
set forth in this Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other persons to
assist Administrator in performing Administrator's functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services,
materials, supplies, tools, equipment, supervision, management, and other items as set forth in this
Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide
all the Work, in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and consideration herein
contained, IT IS HEREBY AGREED by City and Contractor as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement and the other Contract Documents, the following words and phrases
shall mean:
A. "Contractor" A person, firm, or corporation with whom the contract is made by the City.
B. "City" The City of Riverside, Missouri.
C. "City Administrator" That person designated by the City as the City Administrator.
D. "Project" The building, facility, and/or other improvements for which Contractor is to
provide Work under this Agreement. It may also include construction by City or others.
E. "City Engineer" employed by the City of Riverside to manage the project on behalf of the
City: Travis Hoover (thoover ii riv°ersidemo.gov) 816-372-9004.
27
F. "Subcontractor" A person, firm or corporation supplying labor and materials or only labor
for the work at the site of the project for, and under separate contract or agreement with the Contractor.
G. "Substantial Completion" The stage in the progress of the Work where the Work or
designated portion is sufficiently complete in accordance with the Contract Documents so that the City
can occupy or utilize the Work for its intended use.
H. "Work" or "Work on the Project" Work to be performed at the location of the project,
including the transportation of materials and supplies to or from the location of the project by employees
of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies,
tools, equipment, supervision, management, and anything else necessary to accomplish the results and
objectives described in Exhibit F (Scope of Work) and Exhibit G (Technical Specifications) to this
Agreement and the other Contract Documents, in full compliance with all requirements set forth in the
Contract Documents, subject to additions, deletions, and other changes as provided for in this
Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project
also is being performed by City or others.
I. "Written Notice" Any notice delivered hereunder and the service thereof shall be deemed
completed when sent by certified or registered mail to the other party at the address set forth herein, or
delivered in person to said party or their authorized representative on the work.
ARTICLE II
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B. Contractor represents that it has evaluated and satisfied itself as to all conditions and
limitations under which the Work is to be performed, including, without limitation, (1) the location,
condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic
conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment.
City shall not be required to make any adjustment in either the Contract Amount or the time for
performance of the Work because of Contractor's failure to do so.
C. The City Engineer shall act as the City's representative during the construction period, shall
decide questions which may arise as the quality and acceptability of materials furnished and work
performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. The
City Engineer may recommend, but cannot approve Change Orders resulting in an increase in time of
performance or payments due to Contractor. The City Engineer will make visits to the site and determine
if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held
strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and
execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material
supply. The City Engineer will not be responsible for the construction means, controls, techniques,
sequences, procedures or construction safety.
D. Contractor may be furnished additional instructions and detail drawings by the City
Engineer, as necessary to carry out the Work required by the Contract Documents. The additional
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drawings and instructions thus supplied will become a part of the contract drawings, the Contractor shall
carry out the Work in accordance with the additional detail drawings and instructions.
ARTICLE III
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents and
complies fully with each and every obligation of Contractor under the Contract Documents, City shall
pay Contractor the sum of one million forty-seven thousand and 75 dollars ($1,047,075.00). This amount
shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind
related to the Work, and shall be referred to as the "Contract Amount."
B. The Contract Amount is subject to final determination of Work performed at unit prices set
forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of unit price Work set
forth in Contractor's Bid for Unit Price Contracts are estimates only, are not guaranteed, and are solely
for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated
elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of
unit price Work performed will be made by City and (2) final payment for all unit price items set forth
in Contractor's Bid for Unit Price Contracts will be based on actual quantities as determined by City.
The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the
project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of
ten percent (10%) of the amount set forth in Contractor's Bid for Unit Price Contracts IN ADVANCE
of performing the Work. Any increase in quantities of materials or work performed as a result of over -
excavation by Contractor will not be compensated.
C. Payment of the Contract Amount shall be full compensation for all labor, services,
materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete
the respective items in place, in full compliance with all requirements set forth in the Contract
Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind
related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools,
equipment, supervision, management, or anything else required by the Contract Documents for the
proper and successful completion of the Work shall be paid for outside of or in addition to the Contract
Amount. The work set forth in the Contract Amount shall be itemized in Contractor's Bid for Unit Price
Contracts. All Work not specifically set forth in Contractor's Bid for Unit Price Contracts as a separate
pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses,
taxes and compensation of every kind in connection therewith are included in the Contract Amount set
forth in Contractor's Bid for Unit Price Contracts.
D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT
SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK
BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT
SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE
RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN
AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK, NOR BE ENTITLED TO,
PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO
PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY
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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 11/30/2024. The Contractor will proceed with the work at such rate of
progress to ensure Substantial completion within the contract time. It is expressly understood and
agreed, by and between the Contractor and the City, that the contract time to achieve Substantial
Completion of the work described herein is a reasonable time, taking into consideration the average
climatic and economic conditions and other factors prevailing in the locality of the Work. No extensions
will be granted, except in case of unusual (unseasonable) weather conditions or additional work
requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed
to complete all uncompleted Work items as promptly as permitted by weather conditions or any other
conditions affecting completion of the Work.
C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all
the Work as set forth in the Contract Documents, Contractor shall pay City $500.00 per day, as liquidated
damages and not as a penalty, for each calendar day after such date, until Substantial Completion of all
the Work is achieved. Contractor agrees that the sum of $500.00 per day is a fair and reasonable
approximation of the actual damages incurred by the City for the Contractor's failure to complete the
project within the time outlined above and that such liquidated damages in this section are not penal in
nature but rather the parties' attempt to fairly quantify the actual damages incurred by or the City for
such delays. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to
achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation,
City may exercise any of its default or termination rights under this Agreement under all circumstances
described herein, including but not limited to Contractor's failure to achieve Substantial Completion in
accordance with Paragraph B above. Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the Work is due to unforeseen causes beyond the control
and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the
public enemy, acts of the City, acts of another Contractor in the performance of a contract with the City,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and
unforeseeable weather provide the Contractor has given written notice of such delay to the City within
five (5) days of the event causing such delay.
D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any
other Contractor obligations under the Contract Documents. Contractor shall upon commencement of
construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of
inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays,
holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending
to work on Saturday, Sunday, holidays or days of impending inclement weather.
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E. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in
any event before commencing performance of the Work, Contractor shall submit to City for approval a
construction schedule that specifies the dates on which Contractor plans to begin and complete various
parts of the Work, including dates on which information and approvals are required from City. Upon
City's written approval of the schedule, Contractor shall comply with it unless directed by City to do
otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate
intervals if required by the conditions of the Work and the Project. With each Application for Payment
under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the
original schedule nor any update shall exceed time limits for the entire Project under the Contract
Documents.
F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the project site
in the number, type, and stage as enumerated below:
1. Pre -Construction photos - minimum of 15 ground level digital shots
2. Construction photos of significant changes - minimum of 15 ground level digital shots
3. Post Construction photos - minimum of 15 ground level digital shots
G. DELAY IN PERFORMANCE. In the event the City determines that performance of the
Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily
delayed or will not be finished within the prescribed time, the City may, in the City's sole discretion and
in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to
accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work
complies with the Contract Documents and clearly indicates that all Work will be completed within the
prescribed time.
H. SUSPENSION OF WORK. The City may suspend the work or any portion thereof for a
period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written
notice to the Contractor which shall fix the date on which work shall be resumed. The Contractor will
resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price
or an extension of the contract time, or both, directly attributable to any suspension
I. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is
that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for
the proper execution of the work in accordance with the Contract Documents and all incidental work
necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the
City. In case of conflict between the drawings and specification, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings. Any discrepancies found between the
drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or
specifications shall be immediately reported to the City Engineer in writing, who shall promptly correct
such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.
J. SHOP DRAWINGS. Contractor shall submit to City Engineer for review all shop
drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor
shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents.
Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the
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shop drawings and that they are in conformance with the requirements of the Contract Documents.
Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction
schedule and in such time and sequence so as not to delay performance of the Work. Portions of the
work requiring a shop drawing or sample submission shall not begin until the shop drawing or
submission has been reviewed by the City Engineer. Review of any Contractor submittal shall not be
deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents
unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. When submitted for the City Engineer's review, any shop drawing which
substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change
Order. If the Contract Documents do not contain submittal requirements pertaining to the Work,
Contractor agrees upon request to submit in a timely fashion to City for review by City Engineer any
shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably
be required by City. Contractor shall perform all Work strictly in accordance with approved submittals.
City Engineer's review does not relieve Contractor from responsibility for defective work resulting from
errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each
sample shall be kept in good order by the Contractor at the site and shall be available to the City Engineer.
K. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise
specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials,
labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any
nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and
deliver the work within the specified time. Materials and equipment shall be so stored as to insure the
preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated
in the work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and
equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by
the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by
the Contractor and approved by the City Engineer. Materials, supplies or equipment to be incorporated
into the work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel
mortgage or under a conditional sale contract or other agreement by which an interest is retained by the
seller.
L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in
the construction of the project shall be subject to adequate inspection and testing in accordance with
generally accepted standards, as required and defined in the Contract Documents. The Contractor shall
provide at the Contractor's expense the testing and inspection services required by the Contract
Documents. The City shall provide all inspection and testing services not required by the Contract
Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any work to specifically be inspected, tested or approved by
someone other than the Contractor, the Contractor will give the City Engineer timely notice of readiness.
The Contractor will then furnish the City Engineer the required certificates of inspection, testing
approval. Inspections, tests or approvals by the City Engineer or others shall not relieve the Contractor
from the obligation to perform the work in accordance with the requirements of the Contract Documents.
The City Engineer and the City's representatives will at all times have access to the work. In addition,
authorized representatives and agents of any participating Federal or State agency shall be permitted to
inspect all work, materials, payrolls, records or personnel, invoices of materials and other relevant data
and records. The Contractor will provide proper facilities for such access and observation of the work
and also for any inspection or testing thereof.
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If any work is covered prior to inspection by the City Engineer it must, if requested by the
City Engineer, be uncovered for the City Engineer's observation and replaced at the Contractor's
expense. If the City Engineer considers it necessary or advisable that covered work be inspected or
tested by others, the Contractor, at the City Engineer's request, will uncover, expose or otherwise make
available for observation, inspection or testing as the City Engineer may require, that portion of the work
in question, furnishing all necessary labor, materials, tools and equipment.
M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all work
rejected by the City Engineer for failure to comply with the contract documents, whether incorporated in the
construction or not, and the Contractor shall promptly replace and re -execute the work in accordance with
the contract documents and without expense to the owner and shall bear the expense of making good all work
of other Contractors destroyed or damaged by such removal or replacement. All removal and replacement
work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected
work within ten (10) days after receipt of written notice, the City may remove such work and store the
materials at the expense of the Contractor.
N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on
the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood
that this is referenced for the purpose of defining the performance or other salient requirements and that
other products of equal capacitates, quality and function shall be considered. The Contractor may
recommend the substitution of material, article or piece of equipment of equal substance and function
for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in
the opinion of the City, such material, article or piece of equipment is of equal substance function to that
specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost
differential shall be deductible from the contract price and in such event the Contract Documents shall
be modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes
in the function or general design of the project will result. Incidental changes or extra component parts
required to accommodate the substitute will be made by the Contractor without a change in the contract
price or contract time.
O. LANDS & RIGHT OF WAY. Prior to issuance of Notice to Proceed, the City shall obtain
all lands and rights -of -way necessary for the carrying out and completion of Work to be performed
pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in
writing. The City shall provide to Contractor information which delineates and describes the lands
owned and right of way acquired. The Contractor shall provide at its own expense and without liability
to the Owner any additional land and access thereto that the Contractor may desire for temporary
construction facilities, or for storage of materials.
P. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary
surveys and establish all base lines for locating the principal component parts of the work together with
a suitable number of bench marks adjacent to the work as shown in the Contract Documents. From the
information provided by the City, unless otherwise specified in the Contract Documents, the Contractor
shall develop and make all detail surveys needed for construction such as slope stakes, batter boards,
stakes for pipe locations and other working points, lines, elevations and cut sheets.
The Contractor shall carefully preserve bench marks, reference points and stakes and, in
case of willful or careless destruction, shall be charged with the resulting expense and shall be
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responsible for any mistake that may be caused by their unnecessary loss or disturbance.
Permits and licenses of temporary nature necessary for the prosecution of the work shall be
secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions.
Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall
be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and
comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and
specified. If the Contractor observes that the Contract Documents are at variance therewith, the
Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as
provided in Article VII changes in the work.
Q. SUBSURFACE CONDITIONS. The Contractor, before bidding the project, has the
responsibility to become familiar with the Project site and the conditions under which work will have to
be performed during the construction period. Excavating for foundations of surface structure: buildings,
bridges, tanks, towers, retaining walls and other types of surface structures. The Contractor shall
promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written
notice of subsurface or latent physical conditions at the site differing materially from those indicated in
the Contract Documents. Contractor shall also be required to notify City of any unknown physical
conditions at the site of unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract Documents at the
location of the Project. The City shall investigate the conditions, and if it is found that such conditions
do so materially differ and cause an increase or decrease in the cost of, or in the time required for,
performance of the Work, the Contract Documents may be modified by Change Order as provided in
Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the
required written notice has been given; provided that the City may, if the City determines the facts so
justify consider and adjust any such claims asserted before the date of the final payment. Excavating for
below -surface structures: water mains, sewers, power and telephone cables and other types of below
surface structures. No extra compensation will be paid for rock excavation or varying geologic features
encountered on the project, unless so shown as a bid item in the Bid Form for bid. If man-made hazards
are encountered by the Contractor, excluding utilities, which are not visible from the surface, such as
buried concrete foundations, buried garbage dumps that cannot be by-passed and requires additional
work consult the Resident Project Representative / City Engineer.
R. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work.
The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures
of construction. The Contractor will employ and maintain on the work a qualified supervisor or
superintendent who shall have been designated in writing by the Contractor or the Contractor's
representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and
all communications given to the supervisor shall be a binding as if given to the Contractor. The
supervisor shall be present on the site at all times as required to perform adequate supervision and
coordination of the work.
ARTICLE V
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated by
reference into, or otherwise included in them, and all Change Orders, form the entire agreement between
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City and Contractor, and are the Contract Documents:
1. INFORMATION FOR BIDDERS
2. BID FOR UNIT PRICE CONTRACTS
3. BID FORM
4. BID BOND
5. EXPERIENCE QUESTIONNAIRE
6. AFFIDAVIT OF WORK AUTHORIZATION
7. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
8. PERFORMANCE BOND
9. PAYMENT BOND
10. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR
STANDARDS
11. TIME FOR COMPLETION
12. SCOPE OF WORK
13. TECHNICAL SPECIFICATIONS
14. NOTICE TO PROCEED
15. APPLICATION FOR PAYMENT FORM
16. CHANGE ORDER FORM
17. CERTIFICATE FOR SUBSTANTIAL COMPLETION
18. AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
19. ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION
20. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
21. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
22. ENGINEER/CONSULTANT CERTIFICATE for Acceptance & Final Payment
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by
Contractor have been called to City's attention in writing and have been resolved in writing to
Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents,
making it impossible for Contractor to comply with all provisions of the Contract Documents, the
Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract
Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then
shall comply with such provisions of the Contract Documents as City directs.
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ARTICLE VI
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with a
schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City. Each application for payment shall be based upon the percentage of actual completion
of each category, multiplied by the dollar value of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Partial Payment to the City Engineer. In addition to the amount of payment
requested in the Application for Partial Payment, each application shall list the original Contract Amount,
the amount Contractor has invoiced City to date, the amount Contractor has received to date, total
additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an
itemization of any further additions to or deletions from the Contract Amount that Contractor claims.
Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the
requested payment and shall state the amount Contractor intends to pay each such Subcontractor and
supplier. An Application shall not include a request for payment for any portion of the Work that was
performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such
Subcontractor or supplier from such payment, nor shall the Application include a request for payment
for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application
all supporting documentation as City may require. The City shall, within fifteen (15) days, review and
approve such Application, or return the Application to the Contractor indicating in writing the reasons
for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections
and resubmit the Application. Within fifteen (15) days of its receipt of payment from City, Contractor
shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor.
C. All payments under this Agreement shall be made only upon the approval of City Engineer
and Administrator. City Engineer shall review each application for payment and certify for payment
such amounts as City Engineer determines are due Contractor. From the total amount certified, City shall
withhold five percent (5%) as retainage until final completion and acceptance of the Work. The five
percent (5%) retainage may be reduced by Change Order if final completion and acceptance of the Work
is delayed due to unforeseen circumstances and the Work is usable for its intended purpose by the City.
If reduction in the retainage is approved, the remaining retainage shall be an amount equal to or greater
than 200% of the estimated amount necessary to complete the Work.
D. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum
certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for
Contractor under the authorizing Resolution approved by the Board of Aldermen. Payment shall be
made to Contractor after the Board of Aldermen review and approve the payment and authorize the
Mayor and City Treasurer to sign and deliver the check.
E. Neither Administrator or City Engineer's approval certificate nor payment made to
Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to
perform all Work in accordance with the Contract Documents.
F. With each Application, Contractor shall submit a signed certificate of receipt of prior
payments and release of claims and rights in connection with prior payments, in a form approved by
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City. City may, at its option, also require a similar receipt and release of claims and rights from each
Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The
subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate
that (except for retainage) all debts for work performed or materials supplied included on any previous
payment application to City from Contractor have been satisfied and that the Subcontractor or supplier
waives and releases any and all claims or rights in connection therewith.
G. Contractor shall not be entitled to final payment for the Work until Contractor submits an
application for final payment, all requirements of the Contract Documents are complied with, and
Engineer issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on
the form attached hereto as Exhibit P. City, within thirty (30) days after the delivery of Engineer's
certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement.
H. Acceptance of final payment by Contractor shall release City from all further obligations
to Contractor, except as to such amounts, if any, Contractor has identified in its application for final
payment as claimed by Contractor. All claims not identified in the application for final payment are
waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from
any obligations under the Contract Documents or the Performance and Payment Bonds.
I. City may withhold final or any other payment to Contractor on any reasonable basis,
including but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid balance of
the Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of City or others,
6. Contractor's breach of this Agreement, or
7. Contractor's failure to provide requested documentation.
J. The Contractor shall, at the request of City, furnish satisfactory evidence that all obligations
to subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work
have been paid, discharged or waived. If Contractor does not pay subcontractors or suppliers for labor
and/or material properly provided, City may, but shall not be required to, pay subcontractors and
suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the
Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This
provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from
City.
K. Notwithstanding any other provision for payment contained herein, in the event the
Missouri Department of Labor and Industrial Relations has determined that a violation of Section
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292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all
sums and amounts due and owning when making payments to Contractor under this Contract.
ARTICLE VII
CHANGES/CLAIMS
A. City, without invalidating this Agreement, may at any time and without notice to any surety,
order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in
writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with
any addition, deletion, or other change without a written order. No oral direction or order shall constitute
authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes
any addition, deletion, or other change without a written order from City, Contractor shall not be entitled
to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall
be solely and completely responsible for the acceptability to City of the addition, deletion, or other
change.
B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance, the Contract Amount shall be increased or decreased as follows:
1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price Contracts,
by application of such unit prices to the quantities of the items involved; or
2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for Unit
Price Contracts, by a lump sum as to which Contractor and City mutually agree prior to the
commencement of performance of the change.
C. If a change to the Work causes an increase or decrease in the time required for Contractor's
performance, an equitable adjustment to the time for performance shall be made.
D. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the Work, and no claim that City has been
unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such
enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract
Documents or a change in the time for performance of the Work.
E. Agreement on any Change Order shall constitute a final settlement of all matters relating
to the change in the Work that is the subject of the Change Order, including but not limited to all direct
and indirect costs associated with such change and any and all adjustments to the Contract Amount and
time for performance of the Work.
F. If Contractor is delayed or interfered with at any time in the commencement or prosecution
of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer
or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
38
anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor
gives notice as provided for in Paragraph G below.
G. Any claim by Contractor for additional time or money for the performance of the Work,
including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the
Work, shall be submitted to City's designated representative within five (5) working days of the
beginning of the event for which the claim is made or on which it is based. If any claim is not submitted
within the five-day period, it shall be deemed waived.
H. No change or claim, nor any delay or dispute concerning the determination of any increase
or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor
from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VIII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work, maintain not less
than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City against claims for damage
to property and/or illness of, injury to, or death of any person or persons related to or
arising out of the Work. Such coverage shall name the City, together with its
employees and officers, as an additional insured and have not less than the following
limits:
a. Each occurrence $3,000,000.00
b. General aggregate $3,000,000.00
c. Products/completed operations aggregate $3,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• Personal/advertising injury
• Broad form property damage
• Independent contractors
• Explosion, Collapse, and Underground Damage
2. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and
deliver to the City for operations of the Contractor of any Subcontractor in connection
with execution of the agreement Owner's Protective Liability insurance in the same
minimum amounts as required for Commercial General Liability Insurance above.
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3. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor,
City, its employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City against claims for bodily injury and/or
property damage arising out of the ownership or use of any owned, hired, and/or non -
owned vehicle and shall include protection for any auto, or all owned autos, hired
autos, and non -owned autos. The coverage shall have not less than a combined single
limit of $3,000,000.00 for each accident.
4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance
shall protect Contractor against all claims under applicable state workers'
compensation laws. Contractor also shall be protected through employer's liability
coverage against claims for injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workers' compensation law. The limits
shall not be less than the following:
a.
b.
Workers' Compensation
Employer's Liability:
• Bodily injury by accident
• Bodily injury by disease
Statutory
$1,000,000.00
$500,000.00 each employee
B. All insurance shall be written by an insurer or insurers acceptable to City and with a
minimum financial rating not lower than "A-" in Best's Insurance Guide, latest edition. All insurance
shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only.
Each policy providing general liability coverage or automobile liability coverage (including any
umbrella or excess policy that provides any required general or automobile liability coverage) shall
provide contractual liability coverage for all indemnity obligations of Contractor under the Contract
Documents. Each policy providing general liability or automobile liability coverage (including any
umbrella or excess policy that provides any required general or automobile liability coverage) shall, in
form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and
any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide
that it is primary to any other insurance maintained by any additional insured, which other insurance
shall be excess or contingent. The insurance provided to the additional insureds shall apply, without
limitation, to injury or damage caused by work included in the products/completed operations hazard.
C. Contractor shall maintain the products and completed operations coverage for not less than
one (1) years after the date of final acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City, Contractor,
subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all
risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the
policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke,
aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal,
flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall,
without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the
risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any
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deductible amounts. This insurance shall remain in effect until final payment has been made to
Contractor or until no person or entity other than City has an insurable interest in the property to be
covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other
and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused
by risks covered by the property insurance provided for in this Paragraph, except such rights as they may
have to the proceeds of the insurance.
E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior
written notice to City in the event of cancellation, expiration, non -renewal, alteration, or reduction
(including but not limited to reduction by paid claims) of coverage or limits contained in the policy or
evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and
copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and
is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered
to City's designated representative not less than seven (7) days before Contractor first performs any of
the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver
of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other
design professionals engaged by or on behalf of City.
F. Contractor also shall maintain any additional insurance coverages and any higher limits
provided for elsewhere in the Contract Documents and shall furnish City any additional insurance
documentation provided for elsewhere in the Contract Documents.
G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of the
Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts
satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City,
evidencing the required insurance and compliance with this Article shall be delivered to City's
designated representative not less than seven (7) days before the Subcontractor first performs any of the
Work.
H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must
post in a prominent and easily accessible place at the work site a clearly legible copy of the following:
(1) the notice of registration for employer withholding issued to such transient employer by the Director
of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the
transient employer and verified by the Department of Revenue through the records of the Division of
Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such
transient employer by the Division of Employment Security. Any transient employer failing to comply
with these requirements shall, under Section 285.234 RSMo be liable for a penalty of $500 per day until
the notice required by this Paragraph are posted as required by law.
ARTICLE IX
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of the Work,
provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or
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death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent
caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor
or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be
liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified
hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement.
B. In claims against any person or entity indemnified herein by an employee of Contractor, a
Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may
be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of
damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under
workers' compensation acts, disability benefit acts, or other employee benefit acts.
ARTICLE X
PATENT LIABILITY
Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and
agents from and against any claim, action or suit that may be brought against them for Contractor's
infringement of any Letters Patent in the performance of this Agreement or any breach or violation of
trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees,
damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any
such actual or alleged infringement.
ARTICLE XI
COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE
A. Contractor represents and warrants that it has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall have
the right to void this Agreement without liability and, in its discretion, to deduct from the Contract
Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made, directly
or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City
who may reasonably be expected to influence the decision to requisition issue or take any action with
respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified
public accounting firm to examine, at City's expense, such of Contractor's books and records as may be
necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article.
C. No official of the City who is authorized in such capacity and on behalf of the City to
negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any
architectural, engineering, inspection, construction, or material supply contract or any subcontract in
connection with the construction of the project, shall become directly or indirectly interested personally
in this contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of
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or for the owner who is authorized in such capacity and on behalf of the City to exercise any legislative,
executive, supervisory, or other similar functions in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part thereof, any material
supply contract, subcontract, insurance contract, or any other contract pertaining to the project.
ARTICLE XII
RECORDS REGARDING PAYMENT
For a period of at least two (2) years after final payment to Contractor, Contractor shall maintain,
in accordance with generally accepted accounting principles, such records as are necessary to
substantiate that all applications for payment hereunder were valid and properly chargeable to City. For
lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for
proper percentages of completion and for payments to subcontractors and suppliers. For any Work,
including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include
but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time
sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its
representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these
records at any time during normal business hours to verify the accuracy of Contractor's invoices and
charges.
ARTICLE XIII
NOTICES
A. The following persons are designated by the respective parties to act on behalf of such
party and to receive all written notices and Payment Applications:
If to the City: If to the Contractor:
Travis Hoover, City Engineer Terry S. Snelling
2950 NW Vivion Rd. President
City of Riverside, MO 20004 E Yocum Rd
Riverside, MO 64150 Independence, MO 64058
thoover(ci)riversidemo.gov terry@terrysnellingconstruction.com
B. Any notice required by the Contract Documents to be given in writing or that either City or
Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice.
The notice shall be deemed to have been completed when sent by certified or registered mail to the other
party at the address set forth herein, or delivered in person to said party or their authorized representative.
C. Contractor's designated representative shall be available to meet with City at any time
during the performance of the Work and shall have full authority to act on Contractor's behalf on any
matter related to this Agreement and/or the Work.
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ARTICLE XIV
DEFAULT AND TERMINATION
A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as
determined solely by City) will become unable to comply with any of Contractor's obligations under the
Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or
supervision, sufficient materials or services (including but not limited to insurance and bonds) complying
with the Contract Documents, or sufficient or properly operating tools, equipment, or other items
necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with
promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City
or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5)
bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall
be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of
delivery of a written notice to Contractor to correct such default, City may, in addition to any other right
or remedy City may have, terminate the services of the Contractor and take possession of the project and
of all materials, equipment, tools, construction equipment and machinery thereon owned by the
Contractor and finish the work by whatever method the City may deem expedient to correct the default,
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
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of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a
waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future
instance.
F. If through no act or fault of the Contractor, the Work is suspended for a period of more than
ninety (90) days by the City or under an order of court or other public authority, or the City fails to act
on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the
Contractor substantially the sum approved by the City Engineer and Administrator, then the Contractor
may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover
from the City payment for all work executed.
G. The City, without terminating the service of the Contractor or written notice to the Surety,
through the Administrator may withhold, without prejudice to the rights of the City under the terms of
the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any
approved partial payment estimate to such extent as may be necessary to protect the City from loss on
account of (1) defective work not remedied, (2) claims filed or reasonable evidence indicating probably
filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material
or labor, (4) a reasonable doubt that the Work can be completed for the balance then unpaid, (5) damages
to another contractor, or (6) performance of work in violation of the terms of the Contract Documents.
ARTICLE XV
TERMINATION FOR CONVENIENCE
Notwithstanding anything contained herein to the contrary, City may, at any time, for any reason,
and without Contractor's being in default, terminate Contractor's performance of any part or all of the
Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of
termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn
over to City or City's designee materials and equipment purchased for the Work. City shall pay
Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually
performed as of the termination for convenience. City shall not be obligated to Contractor for any further
payment, including but not limited to prospective overhead or profit on unperformed work. If a
termination by City of Contractor's right to proceed on the ground of default by Contractor is determined
later to have been improper, the termination automatically shall be converted to a termination for City's
convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided
in this Article.
ARTICLE XVI
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules,
regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall
secure all permits from public and private sources necessary for the fulfillment of Contractor's
obligations under the Contract Documents.
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B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security
number, occupation, and craft of each worker employed by Contractor in connection with the Work and,
for each such worker, the number of hours worked each day, the total hours worked during the payroll
period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a
corresponding statement from each Subcontractor of any tier that employed any workers in connection
with the Work during the period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVII
LABOR STANDARDS PROVISIONS
A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of
wages established by the Missouri Department of Labor and Industrial Relations Division of Labor
Standards, as set out in the wage order set forth in Exhibit D 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 L 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.
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D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and
no person who, at the time, is serving sentence in a penal or correctional institution shall be employed
on the work covered by this Agreement.
ARTICLE XVIII
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that
applicants and employees are treated during employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be limited to, employment, upgrading,
demotion, or transfer; recruitment, or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
ARTICLE XIX
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this Agreement
or any money due or to become due Contractor or issue a subcontract or purchase order to any person or
entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall
not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in
writing and shall provide that City is an intended third -party beneficiary of the subcontract or purchase
order.
C. The Contractor shall be fully responsible to the City for the acts and omissions of its
Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is for the
acts and omissions of person directly employed by it.
D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative
to the work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as
applicable to the work of Subcontractors and give the Contractor the same power as regards terminating
any Subcontract that the City may exercise over the Contractor under any provision of the Contract
Documents. Nothing contained in this contract shall create any contractual relation between any
Subcontractor and the City.
E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide
that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any
present or future subcontract or purchase order issued by Contractor for any or all of the Work. This
assignment shall be effective upon acceptance by City in writing and only as to the specific
subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be
accepted by City at any time, whether before or after final payment to Contractor, and may not be
withdrawn by Contractor without City's written consent.
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ARTICLE XX
SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this project. The
Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work, and shall properly connect and coordinate the work with theirs.
If the proper execution or results of any part of the Contractor's work depends upon the work of any
other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in
such work that render it unsuitable for such proper execution and results.
B. The City may perform additional work related to the project or the City may let other
contracts containing provisions similar to these. The Contractor will afford the other contractors who are
parties to such contracts (or the City, if the City is performing the additional work) reasonable
opportunity for the introduction and storage of materials and equipment and the execution of work, and
shall properly connect and coordinate the work with theirs.
C. If the performance of additional work by other contractors or the City is not noted in the
Contract Documents prior to the execution of the contract, written notice thereof shall be given to the
Contractor prior to starting any such addition work. If the Contractor believes that the performance of
such additional work by the City or others involves it in additional expense or entitles it to any extension
of the contract time the Contractor may make a claim thereof as provided in Article VII.
ARTICLE XXI
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords
reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas.
B. Representatives of City may inspect or review any Work performed by Contractor, and
consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or
approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of
City.
C. Contractor shall at all times, during performance of the Work, keep the Project site clean and
free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean
the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus
materials. Contractor shall make provisions to minimize and confine dust and debris resulting from
construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours
after written notification from City of non-compliance, City may implement cleanup measures without
further notice and deduct the cost from any amounts due or to become due Contractor.
ARTICLE XXII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration,
competence, and experience to perform all the Work.
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ARTICLE XXIII
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the performance of
the Work, and shall carry out its responsibilities in accordance with customarily accepted good
professional practices. The Contractor shall guarantee all materials and equipment furnished and work
performed for a period of one (1) year from the date of completion and acceptance of the work. The
Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the
work that the completed work is free from all defects due to faulty materials or workmanship. The date
of completion for all scopes of work shall be the last date of acceptance of all work in this contract.
Contractor shall promptly make such corrections as may be necessary be reason of such defects including
the repair of any other damages that were caused by defects in the work, at its own expense. The City
will give notice of observed defects with reasonable promptness. In the event that the Contractor fails
to make such repairs, adjustments or other work that may be necessary by such defects, the City may do
so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City,
delay would cause serious loss or damage, repairs and replacement of defects in the work and damage
caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay
the cost thereof. The Performance Bond shall remain in full force and effect through the warranty period.
Neither final payment, Engineer's Final Certificate, nor any other provision in the Contract Documents
shall affect Contractor's obligation to complete the Work free of defects in workmanship and material.
B. Contractor shall remain solely responsible for the performance of the Work as required by
the Contract Documents, notwithstanding any suggestions or observations made by another person or
entity with respect to the Work.
C. This Article does not establish a period of limitation with respect to any obligation of
Contractor under the Contract Documents, and does not limit the time allowed by law for any action for
breach of such obligation.
ARTICLE XXIV
STORAGE OF MATERIALS AND EQUIPMENT
The Contractor shall provide at its own expense and without liability to the City any additional
land and access thereto that the Contractor may desire for temporary construction facilities, or for storage
of materials. Only materials and equipment that are to be used directly in the Work shall be brought to
and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall
be promptly removed from the Project site. Protection of construction materials and equipment stored at
the Project site from weather, theft, and all other casualty or damage is solely the responsibility of
Contractor.
ARTICLE XXV
TAXES
A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form
5060) will be provided by the City for the purchase of any materials or personal property incorporated
into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all
other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing
jurisdiction.
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ARTICLE XXVI
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with performance of the Work and shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss
to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials
and equipment stored at on -site or off -site locations for use in performance of the Work, and (3) other
property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways,
structures, and utilities not designated for removal, relocation, or replacement in the course of
construction.
B. Contractor shall give notices required by and comply strictly with applicable laws,
ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their
protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the
conditions and progress of the work, all necessary safeguards for safety and protections. The Contractor
will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor
will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by
the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone
whose acts any of them may be liable.
C. The Contractor shall exercise proper precaution at all times for the protection of persons
and property and shall be responsible for all damages to persons or property, either on or off the site,
which occur as a result of his prosecution of the work. The safety provisions of applicable laws and
building and construction codes shall be observed and the Contractor shall take or cause to be taken,
such additional safety and health measures as the City may determine to be reasonably necessary.
D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational
Safety and Health Administration (OSHA) construction safety program for all employees who will be
on -site at the Project. The construction safety program shall include a course in construction safety and
health that is approved by OSHA or a similar program approved by the Missouri Department of Labor
and Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292.675 RSMo. Contractor shall require its on -site employees to complete a construction safety
program within sixty (60) days after the date work on the project commences. Contractor acknowledges
and agrees that any of Contractor's employees found on the Project site without documentation of the
successful completion of a construction safety program shall be required to produce such documentation
within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of
its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo.
E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars
($2,500.00), plus one hundred dollars ($100.00) for each on -site employee employed by Contractor or
its Subcontractor, for each calendar day, or portion thereof, such on -site employee is employed without
the construction safety training required herein. The penalty described in this Paragraph shall not begin
to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of
the penalty described in this Paragraph shall be investigated and determined by the Missouri Department
of Labor and Industrial Relations.
50
F. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility for Contractor's safety program, may require Contractor to stop performance of the Work
or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective
measures, City may perform them or have them performed and deduct their cost from the Contract
Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a
change in the time for performance of the Work based on Contractor's compliance with City's reasonable
request.
ARTICLE XXVII
AUTHORIZED EMPLOYEES
Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer
from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to
perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in
violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for
employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its
employees are lawfully eligible to work in the United States.
ARTICLE XXVIII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers,
employees, or agents shall be deemed an employee or agent of City for any purpose.
ARTICLE XXIX
CONFLICT
Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency
in the Contract Documents, or between any Contract Document and actual field conditions, and City
shall resolve such conflict, ambiguity or inconsistency in its sole discretion.
ARTICLE XXX
PERFORMANCE, PAYMENT, AND MAINTENANCE BONDS
The Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the
City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount
at least equal to one hundred percent (100%) of the contract price, conditioned upon the performance by
the Contractor all undertakings, covenants, terms, conditions and agreements of the Contract Documents,
and upon the prompt payment by the Contractor to all persons supplying labor and materials in the
prosecution of the Work provided by the Contract Documents. Such bonds shall be executed by the
Contractor and a corporate bonding company licensed to transact such business in the state in which the
Work is to be performed and named on the current list of "Surety Companies Acceptable on Federal
Bonds" as published in the Treasury Department Circular Number 570 and shall have a rating of at least
"A-" from Best's. The expense of these bonds shall be borne by the Contractor. If at any time a surety
on any such bond is declared a bankrupt or loses its right to do business the state in which the Work is
to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor
shall within ten (10) days after notice from the City to do so, substitute an acceptable bond (or bonds) in
51
such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The
premiums on such bond shall be paid by the Contractor. No further payment shall be deemed due nor
shall payment be made to Contractor until the new surety or sureties shall have furnished an acceptable
bond to the City.
Contractor shall provide a maintenance bond in accordance with Exhibit C and in an amount equal to
50% of the cost of the Work, which shall be in effect for a term of two (2) years from the date that the
Owner issues a certificate of substantial completion for such improvement covered by the bond,
conditioned upon the faithful performance of the provisions, terms and conditions of this contract. The
maintenance bond shall name the Owner as an oblige.
ARTICLE XXXI
SEVERABILITY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenforceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXXII
NO PRESUMPTION AGAINST THE DRAFTER
No presumption or inference against the City shall be made because of the City's preparation of
this Agreement or other Contract Documents.
ARTICLE XXXIII
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the
breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first
try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and
Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association
under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the Project or this
Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other
party its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXXIV
TITLES
The titles given to the Articles in this Agreement are for ease of reference only and shall not be
relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define
or limit any of the provisions of any of the Articles.
ARTICLE XXXV
PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this Contract shall
52
be deemed to be inserted herein and the contract shall be read and enforced as though it were included
herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted,
then upon the application of either party the contract shall forthwith by physically amended to make such
insertion or correction. All such laws, orders and regulations are applicable to this Project and are made
a part hereof by reference.
ARTICLE XXXVI
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the
parties with respect to their subject matter. Any prior agreements, understandings, or other matters,
whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this
Agreement and any other Contract Document may be amended, changed, or supplemented only by
written agreement executed by both of the parties.
THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City
and Contractor.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
53
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives.
APPROVED AS TO FORM:
ATTORNEY:
By: /s/ Paul A. Camp
Attorney, Paul A. Campo
COUNTERSIGNED BY:
CITY PURCHASING AGENT:
By: /s/ Brian Koral
Bri. E. Koral
City Administrator
CITY OF RIVERSIDE:
By: /s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Robin Kincaid
Robin Kincaid, City Clerk
CONTRACTOR:
TERRY SNELLING CONSTRUCTION INC.
By: /s/ Terry S. Snelling
Printed Name: TERRY S. SNELLING
Title: PRESIDENT
ATTEST:
/s/ Kelly L. Snelling
SECRETARY, Kelly L. Snelling
(Name Printed)
54
'4
EXHIBIT A
PERFORMANCE BOND
Bond No. 4894653
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT
between the CITY OF RIVERSIDE and CONTRACTOR, for construction of 2024 Street Maintenance
- Concrete (327-024), dated May 21st, 2024, designated Resolution No. 2024-047,
in every particular Terry Snelling Construction, Inc., as Principal, and
Great American 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 one million forty-seven thousand
and 75 dollars ($1,047,075.00) lawful money of the United States, by these presents:
THE CONDITION OF THIS OBLIGATION is such that in the event Principal shall faithfully
and properly complete the Work required by the Contract Documents described in the Agreement and
perform all of its duties, obligations, covenants, and conditions pursuant to the terms of the Contract
Documents during the original term thereof, and any extensions thereof which may be granted by the
City, including, without limitation, all warranty obligations and duties and if the Principal shall satisfy
all claims and demands incurred under such Agreement, and shall fully indemnify and hold harmless the
City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the City for all outlay and expense which the City may incur in making good any default, then
this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder
or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the Contract Documents or to the Work or to the specifications.
PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment to the
Agreement not increasing the Agreement price more than twenty percent (20%), so as to bind the Principal
and the Surety to the full and faithful performance of the Agreement as so amended. The term "Amendment",
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 21" day of rittri , 2024.
Terry Snelling Construction, Inc.
CONTRACTOR'S PRINCIPAL
By: /s/ Terry S. Snelling
(Signature)
Printed Name: TERRY S. SNELLING
Title: President
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.
Great American Insurance Company
SURETY
By: /s/ Luanne K. Degler
(Signature)
Printed Name: Luanne K. Degler
Title: Attorney -in -Fact
Note:
• Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT.
• If Contractor is a partnership, all partners must execute the Bond.
SURETY POWER OF ATTORNEY MUST BE ATTACHED
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than Six
No. 021826
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
Branden Banks
Stephanie Beggs
Luanne K. Degler
Jerome E. Fallen
Tandra Stacer
William R. Wilkerson, IV
Address
All of Fairway, Kansas
Limit of Power
All $100,000,000
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 12th day of July, 2022
Attest
/s/
GREAT AMERICAN INSUJtANCE COMPANY
/s/ Mark Vicario
Divisional Senior Vice President
Assistant Secretary
MARK VICARIO (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 12th day of July 2022 before me personally appeared MARK VICARIO, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
/s/ Susan A Kohorst
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and arc now in full force and effect.
Signed and sealed this 25th day of April 2024.
/s/
Assistant Secretary
S1029AH (03/20)
EXHIBIT B
PAYMENT BOND
Bond No. 4894653
KNOW ALL PERSONS BY THESE PRESENTS: that Terry Snelling Construction, Inc. a
corporation, hereinafter called Principal, and Great American Insurance Company [insert name
of surety], hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE,
MISSOURI ("City"), and unto all persons, firms and corporations who or which may furnish labor, or
who furnish materials to perform as described under the Agreement and Contract Documents more fully
described below and to their successors and assigns in the total aggregate penal sum of one million forty-
seven thousand and 75 dollars ($1,047,075.00) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into
a certain Agreement with the City, dated the 21st day of May, 2024, for the
construction of 2024 STREET MAINTENANCE — CONCRETE (Project No. 327-024) approved by
Resolution No. 2024- 047 ,
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.
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 21st day of May, 2024.
Terry Snelling Construction Inc.
CONTRACTOR AS PRINCIPAL
By: /s/ Terry S. Snelling
(Signature)
Printed Name: TERRY S. SNELLING
Title: President
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.
Great American Insurance Company
SURETY
By: /s/ Luanne K. Degler
Signature)
Printed Name: Luanne K. Degler
Title: Attorney -in -Fact
Note:
• Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT
• If Contractor is a partnership, all partners must execute the Bond.
SURETY POWER OF ATTORNEY MUST BE ATTACHED
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than Six
No. 021826
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
Branden Banks
Stephanie Beggs
Luanne K. Degler
Jerome E. Fallen
Tandra Stacer
William R. Wilkerson, IV
Address
All of Fairway, Kansas
Limit of Power
All $100,000,000
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 12th day of July, 2022
Attest
/s/
GREAT AMERICAN INSUJtANCE COMPANY
/s/ Mark Vicario
Divisional Senior Vice President
Assistant Secretary
MARK VICARIO (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 12th day of July 2022 before me personally appeared MARK VICARIO, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
/s/ Susan A Kohorst
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and arc now in full force and effect.
Signed and sealed this 25th day of April 2024.
/s/
Assistant Secretary
S1029AH (03/20)
EXHIBIT C
MAINTENANCE BOND
TWO YEAR MAINTENANCE BOND
Bond Number: 4894653
CITY OF RIVERSIDE, MISSOURI
PROJECT: 2024 Street Maintenance — Concrete (327-024)
KNOW ALL MEN BY THESE PRESENTS, that we the undersigned Terry Snelling Construction, Inc.,
hereinafter referred to as "Contractor", and Great American Insurance Company Corporation
organized under the laws of the State of Ohio and authorized to transact business in
the State of Missouri , as Surety, are held and firmly bound unto the City of Riverside,
Missouri hereinafter referred to as "Owner" in the penal sum of five hundred twenty-three thousand five hundred
and thirty-seven dollars and fifty cents ($523,537.50), lawful money of the United States of America for the
payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators,
successors, and assigns, jointly and severally by these presents.
THE CONDITION OF THE FOREGOING OBLIGATIONS IS SUCH THAT:
WHEREAS, the above bonded Contractor has, on the 21st day of May, 2024, entered into a
written contract with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor,
and other facilities and accessories, for the construction of certain improvements as designated, defined and
described in the Contract Documents; a copy of which is made a part hereof by this reference.
NOW, THEREFORE, if the said Principal shall construct the improvements in such manner that the same shall
endure without need of any repairs (whether resulting from defective materials or defective workmanship) for a
period of two (2) years from and after the date of acceptance by the City of Riverside, then this obligation shall
be void, otherwise to be in full force and effect in which case Contractor and Surety shall be responsible for the
prompt payment of the penal sum to the City for such repairs and/or maintenance including any incidental costs
associated therein, including but not limited to the costs of consultants and/or engineering investigations, testing,
analysis and any other costs incurred to determine the cause of defect and/or the necessary repair and maintenance
and attorney fees incurred in the collection of this Bond.
PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the Contract Documents, or the work to be performed
thereunder, shall in any way affect its obligation on this bond and it does hereby waive notice of any change,
extension of time, alteration, or addition to the terms of the Contract Documents, or to the work.
IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these
presents to be executed in its name, and its corporate seal to hereunto affixed, by its attorney -in -fact duly
authorized thereunto so to do, at on this the 21st day of May, 2024.
Great American Insurance Company
SURETY COMPANY
BY (SEAL)
BY /s/ Luanne K. Degler (SEAL)
(Attorney -in -fact)
BY (SEAL)
Terry Snelling Construction, Inc.
CONTRACTOR
BY /s/ Terry S. Snelling (SEAL)
Pres
Accompany this bond with the Attorney-in-Fact's authority from the Surety Company (certified to include the
date of the bond.)
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than Six
No. 021826
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
Branden Banks
Stephanie Beggs
Luanne K. Degler
Jerome E. Fallen
Tandra Stacer
William R. Wilkerson, IV
Address
All of Fairway, Kansas
Limit of Power
All $100,000,000
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 12th day of July, 2022
Attest
/s/
GREAT AMERICAN INSUJtANCE COMPANY
/s/ Mark Vicario
Divisional Senior Vice President
Assistant Secretary
MARK VICARIO (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 12th day of July 2022 before me personally appeared MARK VICARIO, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
/s/ Susan A Kohorst
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and arc now in full force and effect.
Signed and sealed this 25th day of April 2024.
/s/
Assistant Secretary
S1029AH (03/20)
EXHIBIT D
PREVAILING WAGE RATES
Special Wage Determination: Prevailing hourly rates of wages follow, as determined by the Division of
Labor Standards, Jefferson City, Missouri.
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Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
MICHAEL L. PARSON, Governor
Annual Wage Order No. 30
Section 083
PLATTE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of
this Annual Wage Order has been filed with the Secretary of State as indicated below, any person
who may be affected by this Annual Wage Order may object by filing an objection in triplicate
with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-
0599. Such objections must set forth in writing the specific grounds of objection. Each objection
shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449,
Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual
Wage Order has been filed with the Secretary of State of Missouri.
Original Signed by
Todd Smith, Director
Dision of Labor Standards
Filed With Secretary of State. March 10, 2023
Last Date Objections May Be Filed: April 10, 2023
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for
PLATTE County
REPLACEMENT PAGE Section 083
OCCUPATIONAL TITLE | **Prevailing Hourly Rate
Asbestos Worker $68.54
Boilermaker $33.80*
Bricklayer $60.87
Carpenter $61.62
Lather
Linoleum
Layer
Millwright
Pile Driver
Cement Mason $33.80*
Plasterer
Communications Technician $63.38
Electrician (Inside Wireman) $68.28
Electrician Outside Lineman $58.82
Lineman Operator
Lineman - Tree Trimmer
Groundman
Groundman - Tree Trimmer
Elevator Constructor $33,80*
Glazier $33.80*
Ironworker $67.98
Laborer $48.19
General
Laborer
First Semi -Skilled
Second
Semi -Skilled
Mason $54.59
Marble Mason
Marble
Finisher
Terrazzo
Worker
Terrazzo Finisher
Tile Setter
Tile Finisher
Operating Engineer $61.68
Group I
Group II
Group lil
Group III-A
Group IV
Group V
Painter $53.97
Plumber $74 61
Pipe Fitter Roofer $58.79
Sheet Metal Worker $72.86
Sprinkler Fitter $66 39
Truck Driver $33.80*
Truck Control Service Driver
Group I
Group II
Group III
Group IV
'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 title using data provided by Missouri Economic Research and Information Center
**The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title as defined in RSMO Section 290 210
ANNUAL WAGE ORDER NO 30 6/27/23
Heavy Construction Rates for Section 083
PLATTE County
OCCUPATIONAL TITLE | **Prevailing Hourly Rate
Carpenter $61.99
Millwright
Pile Driver
Electrician (Outside Lineman) $58.82
Lineman Operator
Lineman - Tree Trimmer
Groundman
Groundman - Tree Trimmer
Laborer $49.79
General Laborer
Skilled Laborer
Operating Engineer $58.57
Group I
Group II
Group III
Group IV
Truck Driver $51.31
Truck Control Service Driver
Group I
Group II
Group III
Group IV
Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of
construction work established in 8 CSR 30-3.040(3).
Use Building Construction Rates on Building construction in accordance with the classifications of construction
work established in 8 CSR 30-3.040(2).
If a worker is performing work on a heavy construction project within an occupational title that is not listed on the
Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building
Construction Rate Sheet.
*The Division of Labor Standards received fewer than 1,000 reportable hours for this occupational title.
Public works contracting minimum wage is established for this occupational title using data provided by Missouri
Economic Research and Information Center.
**The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title.
ANNUAL WAGE ORDER NO. 30 3/23
OVERTIME and HOLIDAYS
OVERTIME
For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing
hourly rate of wages for work of a similar character in the locality in which the work is
performed or the public works contracting minimum wage, whichever is applicable, shall
be paid to all workers employed by or on behalf of any public body engaged in the
construction of public works, exclusive of maintenance work.
For all overtime work performed, not Tess than one and one-half (11/2) 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. 30 3/23
EXHIBIT E
Time for Completion
2024 Street Maintenance - Concrete (Project No. 327-024)
NW Northwood Rd and Fire Bays reinforced approach shall be completed by June 30, 2024.
Remainder of project time for completion: 11/30/2024
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EXHIBIT F
SCOPE OF WORK for 2024 Street Maintenance - Concrete (Project No. 327-024)
Contractor shall perform the following Work as more fully set forth in the Contract Documents:
All Work necessary to construct the 2024 Street Maintenance - Concrete through the limits of the Project
as shown on and in accordance with the Technical Specifications and/or Drawings referred to in Exhibit
F to the Agreement. The Work in the Project shall include but is not limited to the items listed on the Bid Form.
Contractor to provide all equipment, labor, and material necessary to perform the Project construction
and related work as shown in the Contract Documents. The Work includes, but is not limited to, the following:
1. Schedule and Coordinate all necessary inspections.
2. Contractor shall coordinate with all utilities prior to the work starting, including contacting
underground locator services, ensuring that all power has been disconnected.
3. Include all temporary utility fees and permits.
4. Include 3rd party Special Inspections as required to demonstrate compliance with project
specifications, including but not limited to compaction and proof rolls and material testing.
5. Include all premium time/cost necessary to meet the schedule, including accelerated production of submittals.
6. Include all surveying, layout and field engineering required for the performance of this work.
7. Provide digital photographs of the preconstruction, construction, and post construction site (see
Article IV Progress of Work / Submittals (F) for specifics)
8. Provide all weather provisions to meet the schedule set forth in the contract documents.
9. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process.
10. Provide all traffic control as required throughout the construction process.
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EXHIBIT F
SCOPE OF WORK — Project Locations
Northwood Road
Sidewalk (at curb inlets only)
Round-a-bout Medians
Curb
EXHIBIT F
SCOPE OF WORK — Project Locations
Approach to Firebays (off NW Vivion Rd)
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EXHIBIT F
SCOPE OF WORK — Project Locations
NW 50th Terrace Sidewalk
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EXHIBIT F
SCOPE OF WORK — Project Locations
Linden Lane Sidewalk and Belgium Blvd Curb
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EXHIBIT G
TECHNICAL SPECIFICATIONS
2024 Street Maintenance - Concrete (Project No. 327-024)
The following Specifications govern Contractor's performance of the Work:
ENUMERATION OF SPECIFICATIONS AND ADDENDA:
Following are the Specifications and Addenda governing the work, which form a part of this contract,
as set forth the Contract Documents:
SPECIFICATIONS:
Division 1— General Requirements
Section | Description
01015 CONTRACTOR USE OF PREMISES
01030 SPECIAL CONDITIONS
01040 COORDINATION
01060 STANDARD SPECIFICATIONS AND PLANS
01270 MEASUREMENT AND PAYMENT
01310 JOB SITE ADMINISTRATION
01320 CONSTRUCTION SCHEDULE
01330 SUBMITTALS
01410 TESTING LABORATORY SERVICES
01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE
01570 TEMPORARY TRAFFIC CONTROL
01732 DEMOLITION
ADDENDA:
No. Date
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DIVISION 1- GENERAL REQUIREMENTS
01015 CONTRACTOR USE OF PREMISES
The Contractor shall confine all construction activities to the limits of the project right-of-way and
easements. Any additional easements and access to private property that are desired outside the project
limits are the responsibility of the Contractor.
If the Contractor desires access to private property that is outside the project limits, the Contractor shall
obtain a written agreement between the Property Owner and the Contractor and submit this written
agreement to the City prior to accessing the private property.
01030 SPECIAL CONDITIONS
A. Examination of the Site: Bidders may visit the site and inform themselves of all conditions
presently existing. Failure to visit the site will in no way relieve the successful bidder from the
necessity of furnishing all materials and performing all work required to complete the work in
accordance with the specifications.
B. Measurements: Any dimensions provided shall be verified by the Contractor. Any discrepancies
between the specifications and the existing conditions shall be referred to the Owner for
adjustment, before the work is performed.
C. Protection of Monuments: The Contractor must carefully preserve bench marks, references or
stakes and in case of willful or careless destruction, he shall be charged with the resulting expense
and shall be responsible for any mistakes that may be caused by their unnecessary loss or
disturbance.
D. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other
injury to existing or new facilities caused directly or indirectly by his operations and he shall
replace, at his own expense, in a manner approved by the Owner any such broken or damaged
material.
E. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items
entering into the construction of the work is a part of this contract, including freight and hauling
charges both to and from transportation points. Payment of charges for the above items shall be
made by the Contractor. An amount covering all charges for freightage and delivery of items
shall be included as a part of the contract price and in no case will an extra be allowed for such
charges.
F. Storage of Materials: All materials delivered to the job shall be stored so as to keep them in first
class condition and free from deterioration or contamination.
G. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their
several works, but the principal responsibility for coordinating the project as a whole and the
operations of the contractors and subcontractors shall lie with the Prime Contractor.
H. Blasting: No blasting will be allowed on this project.
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01040 COORDINATION
A. All construction activities shall be coordinated with all utility owners and the City of Riverside.
Contractor shall be responsible for notifying all utility owners with facilities within the project
limits prior to construction so the utilities can be located and identified.
B. All construction activities shall be coordinated with adjacent property owners affected by
construction of the project to assure access to their properties. Driveways to adjacent properties
shall be accessible at the end of each working day.
C. The Contractor will be responsible for notifying the City Engineer in writing of the dates when
construction will begin and end. The City will notify the school district, fire, and police
departments, and the local newspapers.
D. The Contractor shall be responsible for obtaining all necessary permits, and paying for any and
all inspection and permit fees as required by the City.
E. Project Coordination Meetings: In addition to the above said coordination responsibilities, the
Contractor shall attend construction progress meetings with the City Engineer on a monthly basis
(at a minimum). Additional meetings may be held as needed. No direct payment will be made
for this item but shall be considered subsidiary to other bid items.
F. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure
efficient and orderly sequence of installation of construction elements.
G. In the event certain parts of work are assigned to subcontractors, the Contractor shall be
responsible to ensure each subcontractor completes work and that all interfaces between trades
are properly addressed. All subcontractors shall also coordinate their work with the Owner
through the Contractor.
H. The Contractor is solely responsible for all Assignments of Work among subcontractors.
I. The Contractor shall be responsible for assigning and coordinating work and ensuring that
suppliers and installers are familiar with all requirements in Contract Documents relating to each
item of work, regardless of location of information in Contract Documents.
01060 STANDARD SPECIFICATIONS AND PLANS
A. General: The work shall conform to the plans and contract specifications as outlined. In case of
conflict, the specifications listed in this document shall take precedence over those listed in the
stated Standard Specifications.
B. Standard Specifications: Except where noted otherwise, the work shall conform to the latest
edition of the Kansas City Metropolitan Chapter of APWA Standard Specifications and Design
Criteria, Division II (APWA Standard Specifications) available at the following website:
https://kcmetro.apwa.org/resources/specifications/.
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C. Standard Plans: The work shall conform to the latest edition of the Kansas City Metropolitan
Chapter of APWA Standard Plans when referenced in the construction documents. The
referenced APWA Standard Plans are available at the following website:
https://kcmetro.apwa.org/resources/specifications/. Other standard plans and specifications may
be referred to and therefore adopted into these specifications.
01270 MEASUREMENT AND PAYMENT
A. The quantities as given in the Itemized Proposal are not guaranteed to be the exact or total
quantities required for the completion of the Work shown on the drawings and described in the
specifications. Increases or decreases may be made over or under the Itemized Proposal
estimated quantities to provide for needs that are determined by the Owner during the process of
the Work. Contract unit prices shall apply to such increased or decreased quantities. The Bidder
is warned against unbalancing his bid, since the unit prices will apply to deductions as well as
additions. The Owner has the privilege of omitting or adding to any unit items in the Bid Form.
B. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise,
on account of any difference between the amounts of Work actually performed and materials
actually furnished and the estimated amounts thereof. The Owner will not pay for or be
responsible for unused materials which may have been ordered by the Contractor in accordance
with the estimated quantities listed in the Bid Form.
C. It is the intent of the Contract Documents that all costs in connection with the Work, including
furnishing of all materials, equipment, supplies and appurtenances; providing all construction
plant, equipment, and tools; and performing of all necessary labor to fully complete the Work,
shall be included in the unit and lump sum prices named in the Itemized Proposal. No item of
Work that is required by the Contract Documents for the proper and successful completion of the
Contract will be paid for outside of or in addition to the prices submitted in the Itemized Proposal.
All Work not specifically set forth in the Bid Form as a pay item shall be considered a subsidiary
obligation of the Contract, and all cost in connection therewith shall be included in the process
named in the Itemized Proposal.
D. If item does not appear in the Itemized Proposal, or if said item is a part of another item listed in
the Itemized Proposal, it will not be measured for payment.
E. Whenever in the Itemized Proposal there is a discrepancy between unit prices and extensions or
totals, the unit prices will govern, and the extensions or totals will be corrected accordingly.
F. Items for payment will be measured in accordance with the stipulations of these specifications
and as further shown on the drawings. Pay limits given are maximum, and where actual
quantities of work items are less than as computed by said pay limits, the Contractor will be paid
only for the actual quantities.
G. Payment will be made as the sum of the following:
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1. Final authorized quantity of each item in the Itemized Proposal multiplied by the
contract unit price therefore.
2. Lump sum payment for each item so listed in the Bid Form, at the contract lump
sum price therefore.
3. Any special payment or adjustment, plus or minus, as provided for in the Agreement.
01310 JOB SITE ADMINISTRATION
A. The Contractor, or a duly authorized representative to act for him, shall continually be present at
the site of the work, whenever construction activities are underway, for the duration of this
project.
B. The Contractor shall designate, in writing, his duly authorized representative(s) at the
preconstruction meeting. The duly authorized representative(s) will be the official liaison
between the Owner and Contractor regarding the signing of pay estimates, change orders,
workday reports and other forms necessary for communication and project status inquiries. Upon
project commencement, the Owner shall be notified, in writing, within five (5) working days of
any changes in the Contractor's representative(s).
01320 CONSTRUCTION SCHEDULE
A. General: The Contractor shall prepare and maintain a construction schedule for the duration of
the project.
B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the Owner
for review at the pre -construction meeting. The baseline construction schedule shall be in a form
approved by the Owner and shall include at least the following information for each significant
work item during each phase of the project:
1. Beginning date of Project.
2. Ending date of Project.
3. Beginning Date of Each Phase.
4. Completion Date of Each Phase.
5. Scheduled percentage of completion at the end of each calendar month.
6. Scheduled percentage complete for each phase at the end of each calendar month.
Key Schedule Items: NW Northwood Rd and Fire Bays reinforced approach shall he
completed by June 30, 2024.
The Owner will review the proposed progress schedule, and may require the Contractor to revise
the same if, in the Owner's judgment, revisions are required to provide for completion of the
project within the Contract Time.
C. Schedule Updates: In addition to submitting a baseline project schedule, the Contractor shall
update the project schedule prior to each monthly construction progress meeting. The updated
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schedule shall show the original baseline schedule, the actual work progress and the estimated
completion of each significant work item for each phase of the project. The updated schedule
shall be distributed to the City at each progress meeting.
D. Payment: No direct payment shall be made.
01330 SUBMITTALS
A. Shop Drawings: A minimum of two (2) copies each of manufacturer's shop drawings and data
sheets shall be submitted to the Owner indicating the necessary installation dimensions, weights,
materials and performance information.
The shop drawings shall be distributed as follows: One (1) copy for the City and one (1) copy
for the prime Contractor. The Contractor shall supply additional copies as necessary for any
subcontractors.
Submittals for equipment and materials shall include reference to indicate where it is to be used;
whether by tag number, specification paragraph, or description of use.
Approval of shop drawings will be for conformance with the design concept of the project and
for compliance with the information given in the Technical Specifications. The approval of a
separate item, as such, will not indicate approval of the assembly in which the item functions.
B. Submittals: The following is a list of submittals required:
1.1 Aggregate (other than those used in pavements or structures)
A. Gradation Test Results
B.Soundness Test Results
1.2 Fill Material
A. Source for Material
B. Moisture -Density Relationships
1.3 Concrete Mix Design (For Each Mix used on the Project)
A. Source of Materials
B. Concrete Manufacturer's Name
C. Testing Laboratory Name
D. Results of the Mix Design
1) Compressive Strength
2) Air Content
3) Slump
4) Cement Content
5) Water Content
6) Fine Aggregate
a) Gradation Test Results
b) Soundness Test Results
7) Coarse Aggregate
a) Gradation Test Results
b) Soundness Test Results
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8) Additives as called for in plans or specifications
9) Certification of Reinforcing Steel
10) Certification of Fly Ash (if used)
1.4 Asphalt Mix Designs (for each mix used on the project)
A. Source of Materials
B. Asphalt Manufacturer's Name
C. Testing Laboratory Name
D. Results of the Mix Design
1. Marshall Characteristics, including all those items listed under APWA
Section 2205.3.D (If a SuperGyratory Compactor is used to prepare the
asphalt samples, the Marshall flow and stability measurements will be
waived however the alternate test values listed in the second paragraph
of APWA Section 2205.3.D will be required to be submitted).
2. Asphalt Cement Content
3. Fine Aggregate
a) Gradation Test Results
b) Soundness Test Results
4. Coarse Aggregate
a) Gradation Test Results
b) Soundness Test Results
1.5 Soil -Fly Ash Mixture
A. Fly ash material
B. For soil -fly ash mixture (with specified % of fly ash) for each different type of soil
anticipated to be used in the pavement subgrade stabilization:
C. ASTM D558 modified to a 2 hour delay. At each moisture content, strength testing
(ASTM D 1633) modified to curing sealed for 7 days at 100 degrees (F) shall be
performed.
1.6 Storm Sewer
A. Piping
1. Certification of Piping and Fittings
2. Structures
a) Precast Shop Drawings
b) Catalogue Cuts on Metal Castings
1.7 Pavement Marking Materials
A. Certification that all materials used are in compliance with specifications included
herein
1.8 Silt Fence
A. Manufacturer's information showing compliance with KCAPWA.
1.9 Utility Conduits
A. Certification that all materials used are in compliance with specifications included
herein.
01410 TESTING LABORATORY SERVICES
A. General: Work under this item shall consist of furnishing all materials, labor and equipment
necessary for a private testing laboratory to provide the material testing for items incorporated
85
into the project. The tests, frequency and reports required to confirm contract compliance shall
be as specified in the APWA Standard Specifications.
One copy of the test results shall be submitted to the Owner electronically within 24 hours of the
test completion.
The testing lab must be agreed upon by the Contractor and the Owner.
B. Payment: No direct payment shall be made. This item shall be considered subsidiary to the bid
items of the materials being tested.
01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE
A. General: The Contractor shall make his own arrangements for material and equipment storage
areas and non -soil waste area.
The Contractor shall keep the site clean and free of all refuse, rubbish, scrap materials, and debris
as a result of construction activities so that at all times the site of the work shall present a neat,
orderly and workmanlike appearance. This includes the removal of earth and debris from streets
and roads that resulted from the Contractor's activity. The Contractor shall restore the site of
work and adjacent disturbed areas to the condition existing before work began as a minimum.
B. Payment: No direct payment shall be made.
01570 TEMPORARY TRAFFIC CONTROL
A. General: Temporary traffic control on this project shall be done in accordance with Section 616
and all referenced sections of the Missouri Standard Specifications for Highway Construction
(current edition) as published by the Missouri Highways and Transportation Commission.
This section shall cover all temporary traffic control devices as detailed on the plans or as directed
by the Owner in charge of construction.
B. Temporary Traffic Control Devices:
All temporary traffic control devices shall be in conformance with "Part 6 of the Manual on
Uniform Traffic Control Devices (MUTCD)," Current Edition and its latest revisions.
C. Payment: No direct payment shall be made.
01732 DEMOLITION
A. General: This item includes, but is not limited to, the removal and disposal of landscaping items,
signs, fences, pipes, existing storm sewers, end sections and appurtenances, and all other items
designated for removal in the plans or as directed by the City Engineer. All items that are inside
the construction limits, including those not listed or shown on the plans, shall be included in this
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item. Demolition shall be done in accordance with Section 2101 of the APWA Standard
Specifications.
1. Sawcut Existing Pavement Full Depth: Where portions of the existing pavement are to
be removed, the existing pavement shall be cut with a concrete saw to full depth. If the
remaining pavement is chipped or cracked during sawing and removal, it shall be re -
sawed behind the limits of the chip or crack. No additional payment will be made for the
replacement of pavement damaged during construction other than that shown on the
plans.
B. Workmanship: All removals, except for suitably sized broken pavement, shall be properly
discarded off the project limits and shall not be re -used or used as an embankment material within
the project limits.
C. Payment: No direct payment shall be made.
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MISSOURI DEPARTMENT OF REVENUE
Form 5060 Project Exemption Certificate
This form is to be completed and given to your contractor.
Name of Exempt Entity Issuing the Certificate | Missouri Tax Exemption Number
CITY OF RIVERSIDE 12493121
Address | City | State | ZIP Code
2950 NW VIVION ROAD RIVERSIDE MO 64150
E-mail Address
rkincaid@riversidemo.gov
Project Number | Project Begin Date (MM/DD/YYYY) | Estimated Project End Date (MM/DD/YYYY)
327-024 06/01/2024 06/30/2024
Description of Project
Concrete work in areas throughout the City of Riverside.
Project Location | Certificate Expiration Date (MM/DD/YYYY)
Areas throughout the -Riverside city limits. 06/30/2024
Provide a signed copy of this certificate, along with a copy of the exempt entity's Missouri Sales and Use Tax Exemption
Letter to' each contractor or subcontractor who will be purchasing tangible personal property for use in this project. It is the
responsibility of the exempt entity to ensure the validity of the information on the certificate. The exempt entity must issue a new
certificate if any of.the information changes.
Signature of Authorized Exempt Entity | Printed Name of Authorized Exempt Entity | Date (MM/DD/YYYY)
/s/ Robin Kincaid Robin Kincaid, City Clerk 06/07/2024
The Missouri exirlipt entity named above hereby authorizes the purchase, without sales tax, of tangible personal property to be
incorporated or consumed in the construction project identified herein and no other, pursuant to Section 144.062. RSMo. Under
penalties of perjury, I declare that the above information and any attached supplement is true, complete, and correct.
Name of Purchasing Contractor | Signature of Contractor | Date (MM/DD/YYYY)
Terry Snelling Construction, Inc. 06/07/2024
Address | City | State | ZIP Code
20004 E Yocum Road Independence MO 64058
Contractors - Present this to your supplier in order to purchase the necessary materials tax exempt. Complete the Subcontractor
portion if extending the certificate to your subcontractor. The contractor must sign the form in the space provided below.
Name of Purchasing Subcontractor
Address | City | State | ZIP Code
Signature of Contractor | Contractor's Printed Name | Date (MM/DD/YYYY)
Form 5060 (Revised 11-2019)
Taxation Division Phone: (573) 751-2836
P.O Box 358 Fax: (573) 522-1666
Jefferson City, MO 65105-0358 E-mail: salestaxexemptions@dor.mo.gov
Visit http://dor.mo.gov/business/sales/sales-use-exemptions.php for additional information.