HomeMy WebLinkAbout2012 Approving and Authorizing an Agreement w/Houston Excavating & Demo for the Provision of Fill Dirt to the City BILL NO. 2024-041 ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT WITH
HOUSTON EXCAVATING & DEMOLITION FOR THE PROVISION OF FILL DIRT TO
THE CITY, AND SERVICES RELATED THERETO.
WHEREAS, the City of Riverside, Missouri ("City") has been working to provide for
the efficient and orderly development, operation, and management of a
retail/commercial/industrial development of the Riverside Horizons Area ("Area") for the
benefit of the citizens of the City; and
WHEREAS, the City and Heco, Inc., a Missouri corporation doing business as
Houston Excavating & Demolition ("Houston"), entered into a contract previously
authorized by and through Ordinance 1294 and as further amended, pursuant to which
Houston provided the City fill dirt which is beneficial to, and in the best interest of, the
City, at no cost to the City for the fill dirt itself or the delivery of said dirt, but only for any
spreading or compaction the City may request ("Agreement"); and
WHEREAS, the staff recommends approval of a new Agreement, attached hereto
as Exhibit A and incorporated herein, which sets the term of the Agreement to June 30,
2025, and authorizes the expenditure of Four Hundred Thousand Dollars ($400,000.00);
and
WHEREAS, the City has determined that authorization of the Agreement with
Houston, fulfills a public purpose, will further the growth of the City, facilitate the
development of the Area, improve the environment of the City, increase the assessed
valuation of the real estate situated within the City, increase the sales tax revenues
realized by the City, foster increased economic activity within the City, increase
employment opportunities within the City, enable the City to direct the development of the
Area, and otherwise be in the best interests of the City by enhancing the health, safety,
and welfare of its residents and taxpayers.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1 — BEST INTEREST OF THE CITY TO APPROVE AGREEMENT
WITH HOUSTON. It is determined that, pursuant to City Code Section 135.070.B, it is in
the best interest of the City, in order to further the objectives of industrial and economic
development of the City, to approve the Access and Supply Agreement for the provision
of Fill Dirt to the City("Agreement") attached hereto as Exhibit A and incorporated herein,
which authorizes the expenditure of Four Hundred Thousand Dollars ($400,000.00) for
the 2024-2025 budget year of the City and which said Agreement provides for Houston
is to provide the City fill dirt which is in the best interest of the City, and the City shall pay
only for the compaction and spreading of the fill dirt if they desire said dirt to be spread
and compacted, but at no other cost to the City for the fill dirt itself or for its delivery, and
therefore the Agreement is authorized and approved.
SECTION 2 — AUTHORITY GRANTED. The Mayor, City Administrator, City
Attorney, and other appropriate officials and employees of the City are hereby authorized
to execute the Agreement in substantially the same form as set forth in Exhibit A to this
Ordinance, with such changes therein as are approved by the officials of the City
executing the Agreement, and to take such further action as may be deemed necessary
or convenient to carry out the terms and conditions of the Agreement and to comply with
the intent of this Ordinance on behalf of the City, provided, however, that the term of the
Agreement shall not extend beyond June 30, 2025, and the amounts to be paid by the
City to Houston pursuant to the Agreement shall not exceed Four Hundred Thousand
Dollars ($400,000.00), unless authority to extend such timeframe and/or exceed such
costs has been granted by the Board of Aldermen pursuant to further ordinance.
SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect
from and after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only,
PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by
the Mayor of the City of Riverside, Missouri, this 2nd day of July 2024.
/ . Qat.)
,, Kathleen L. Rose, Mayor
ATTEST: .
„.. .d.,:tsi ' 1 •••,'_,,. „_, :I)
Robin Kincaid ,City.Clerk
Approved as to form:
Paul ampo
City Attorney
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EXHIBIT A
AGREEMENT
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ACCESS AND SUPPLY AGREEMENT
BETWEEN THE CITY OF RIVERSIDE MISSOURI AND CONTRACTOR
THIS AGREEMENT,made and entered into as of the 2nd day of July,2024(the"Effective
Date"), by and between The City of Riverside, Missouri ("City") and Heco, Inc., a Missouri
corporation d/b/a Houston Excavating& Demolition("Contractor").
WHEREAS, Contractor wants locations to dispose of Fill Dirt from surrounding projects;
WHEREAS, City has a need for Fill Dirt on sever ' nic development and
public infrastructure projects("Projects");
o - 1 ) L
WHEREAS,City and Contractor have F -r 1�T, ement for the period
between May 8, 2014 through June 30, 2024, tc M �,x vith the only cost to
the City being the cost of spreading and comp T� SI "�UIL-�• ;red, however there
would be no charge for the cost of the Fill Dirt i Dirt;
WHEREAS, Contractor represents that quipped, competent, and able to
supply Fill Dirt, in accordance with this Agreement;
WHEREAS, it would be mutually beneficial to both Contractor and City to continue to
work together and have Contractor's Fill Dirt supplied to City's Projects; and
WHEREAS, it would be in the best interest of the City to enter into this Blanket Purchase
as it fulfills a public purpose,will further the growth of the City, facilitate the development of the
Area, improve the environment of the City, increase the assessed valuation of the real estate
situated within the City, increase the sales tax revenues realized by the City, foster increased
economic activity within the City, increase employment opportunities within the City, enable the
City to direct the development of the Area, and otherwise be in the best interests of the City by
enhancing the health, safety, and welfare of its residents and taxpayers.
NOW THEREFORE, in consideration of the mutual covenants and consideration herein
contained, IT IS HEREBY AGREED by City and Contractor as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement and the other Contract Documents, the following words and
phrases shall mean:
A. "City"means the City of Riverside, Missouri.
B. "City Administrator" means that person designated by the City as the City
Administrator.
C. "City Engineer"means: Travis Hoover, City Engineer.
D. "Contractor" means Heco, Inc., a Missouri corporation d/b/a Houston Excavating &
Demolition.
E. "Fill Dirt" means the soil removed by Contractor that it warrants is appropriate for
placement on City's property.
F. "Fill Location" means the location designated by the City for the deposit of the Fill
Dirt.
G. "Project Manager" means the City Engineer, who is designated by the City to
manage the deposit of Fill Dirt within the City on behalf of the City. The current City Engineer is
Travis Hoover.
H. "Subcontractor" means a person, firm or corporation supplying labor and materials
or only labor for the work at the site of the project for, and under separate contract or agreement
with the Contractor.
I. "Work"or"Work on the Project"means the Work to be performed at the location of
the project as defined herein.
J. "Written Notice" means any notice delivered hereunder and the service thereof shall
be deemed completed when sent by certified or registered mail to the other party at the address set
forth herein, or delivered in person to said party or their authorized representative on the work.
ARTICLE II
THE PROJECT AND THE WORK
A. The Parties agree that Contractor will be allowed to deposit Fill Dirt at mutually
agreeable locations on City's Projects. The Parties agree that Contractor will strip the ground prior
to depositing Fill Dirt. Contractor will also compact the dirt as set forth herein.
B. The City Engineer shall act as the City's representative during the construction period
and shall decide questions which may arise as the quality and acceptability of materials furnished
and work performed, and shall interpret the intent of the contract documents in a fair and unbiased
manner. The City Engineer may recommend, but cannot approve Change Orders.
C. Contractor will alert City Engineer when it is: (1)stripping the ground;(2)delivering
dirt; and/or(3) compacting the dirt. The purpose of this notification is to allow City Engineer to
be available to review the material and/or methods of work. Contractor's timely notice to City
Engineer is a requirement and condition precedent to payment.
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ARTICLE III
CONTRACT AMOUNT AND INITIAL TERM
A. The parties acknowledge that Contractor's only compensation ("Contract Amount")
on this Project will be hourly compensation for the stripping of the ground and compacting of the
dirt. A schedule of values for Contractor's hourly rates is attached hereto as Exhibit A.
B. Contractor shall submit to City Engineer weekly time sheets evidencing the hours
worked and rates claimed. City Engineer will approve these amounts and submit them to the City
for payment.
C. Pursuant to Ordinance ,approved and passed by the City's Board of Aldermen
on the 2nd day of July, 2024, the initial term of this Agreement shall not extend beyond June 30,
2025, and the Contract Amount to be paid by the City hereunder shall not exceed Four Hundred
Thousand Dollars ($400,000.00) unless authority to extend such timeframe and/or exceed such
costs has been granted by the Board of Aldermen pursuant to further ordinance or resolution.
Contractor acknowledges and accepts these limitations to the initial Contract Amount and term of
this Agreement and agrees that it will not be entitled to compensation for services performed that
extend beyond or exceed these parameters unless and until the City's Board of Aldermen has
authorized an extension or expansion of same.
ARTICLE IV
PROGRESS OF WORK/SUBMITTALS
A. COMMENCEMENT OF WORK. Contractor shall commence performance of the
Work on the date indicated in a written notice("Notice to Proceed")that shall be given by the City
to Contractor.
B. SUSPENSION OR TERMINATION OF WORK. The City may suspend or
terminate the work or any portion thereof by written notice to the Contractor.
C. MATERIALS, SERVICES AND FACILITIES. It is understood that except as
otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for
all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary
construction of any nature,and all other services and facilities of any nature whatsoever necessary
to execute, complete, and deliver the Fill Dirt.
D. INSPECTION AND TESTING OF MATERIALS. All Fill Dirt, materials and
equipment used in the construction of the Project shall be subject to adequate inspection and testing
in accordance with generally accepted standards, as required and defined in the Contract
Documents. The City Engineer and the City's representatives will at all times have access to the
work. In addition, authorized representatives and agents of any participating Federal or State
agency shall be permitted to inspect all work,materials,payrolls,records or personnel,invoices of
materials and other relevant data and records.
E. CORRECTION OF WORK. The Contractor shall promptly remove from the
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premises all Fill Dirt rejected by the City Engineer. All removal and replacement work shall be
done at the Contractor's expense. If the Contractor does not take action to remove such rejected
work within ten(10)days after receipt of written notice,the City may remove such work and store
the materials at the expense of the Contractor.
F. SUBSURFACE CONDITIONS. The Contractor has the responsibility to become
familiar with the Project site and the conditions under which the Work will be performed during
the construction period prior to entering into this Agreement. The Contractor shall promptly, and
before such conditions are disturbed (excepting an emergency), notify the City by written notice
of subsurface or latent physical conditions at the site differing materially from those indicated in
the Contract Documents. Contractor shall also be required to notify the City of any unknown
physical conditions at the site of unusual nature.
G. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the
work. The Contractor will be solely responsible for the means, methods, techniques, sequences
and procedures of construction. The Contractor will employ and maintain on the work a qualified
supervisor or superintendent who shall have been designated in writing by the Contractor or the
Contractor's representative at the site. The supervisor shall have full authority to act on behalf of
the Contractor and all communications given to the supervisor shall be a binding as if given to the
Contractor. The supervisor shall be present on the site at all times as required to perform adequate
supervision and coordination of the work.
ARTICLE V
CONTRACT DOCUMENTS
A. The following documents,and any other documents that are attached to,incorporated
by reference into,or otherwise included in them,and all Change Orders, form the entire agreement
between the City and Contractor, and are the"Contract Documents":
1. AGREEMENT BETWEEN THE CITY AND CONTRACTOR
2. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF
LABOR STANDARDS
3. RATE SCHEDULE SHEET
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed
by Contractor have been called to the City's attention in writing and have been resolved in writing
to Contractor's satisfaction. Except for actual conflict between provisions in the Contract
Documents, making it impossible for Contractor to comply with all provisions of the Contract
Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all
provisions of all Contract Documents. In case of actual conflict,Contractor shall notify City of the
conflict in writing and then shall comply with such provisions of the Contract Documents as City
directs.
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ARTICLE VI
PAYMENTS
A. All payments under this Agreement shall be made only upon the approval of City
Engineer and City Administrator. City Engineer shall review each application for payment and
certify for payment such amounts as Architects determine are due Contractor.
B. The City, upon presentation of such certificate, shall prepare a check for the sum
certified to be due.
C. Neither City Administrator's nor City Engineer's approval certificate nor payment
made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain
obligated to perform all Work in accordance with the Contract Documents.
D. With each application for payment, Contractor shall submit a signed certificate of
receipt of prior payments and release of claims and rights in connection with prior payments, in a
form approved by the City.
E. Acceptance of payment by Contractor shall release the City from all further
obligations to Contractor, except as to such amounts, if any, Contractor has identified in its
application for final payment as claimed by Contractor. All claims not identified in the application
for final payment are waived. Any payment, however final or otherwise, shall not release the
Contractor or its sureties from any obligations under the Contract Documents.
F. The City may withhold final or any other payment to Contractor on any reasonable
basis, including but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid
balance of the Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of the City
or others,
6. Contractor's breach of this Agreement, or
7. Contractor's failure to provide requested documentation.
G. The Contractor shall, at the request of the City, furnish satisfactory evidence that all
obligations to subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the
performance of the Work have been paid, discharged or waived. If Contractor does not pay
subcontractors or suppliers for labor and/or material properly provided,the City may,but shall not
be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors
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and suppliers shall be charged against the Contract Amount. The City shall not be liable to
Contractor for any such payments made in good faith. This provision shall not confer any right
upon any Subcontractor or supplier to seek payment directly from the City.
H. Notwithstanding any other provision for payment contained herein, in the event the
Missouri Department of Labor and Industrial Relations has determined that a violation of Section
292.675 RSMo has occurred and that a penalty shall be assessed,the City shall withhold and retain
all sums and amounts due and owning when making payments to Contractor under this Agreement.
ARTICLE VII
CHANGES/CLAIMS
A. The City, without invalidating this Agreement, may at any time and without notice
to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of
such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor
shall not proceed with any addition, deletion, or other change without a written order. No oral
direction or order shall constitute authority for Contractor to proceed with any addition, deletion,
or other change. If Contractor undertakes any addition, deletion, or other change without a written
order from City, Contractor shall not be entitled to any increase in the Contract Amount or the
time for performance of the Work, and Contractor shall be solely and completely responsible for
the acceptability to the City of the addition, deletion, or other change.
B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance, the Contract Amount shall be increased or decreased pursuant to Change Order.
C. If a change to the Work causes an increase or decrease in the time required for
Contractor's performance, an equitable adjustment to the time for performance shall be made.
D. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in
the Contract Amount or the time for performance. No course of conduct or dealings between the
parties, nor express or implied acceptance of alterations or additions to the Work, and no claim
that City has been unjustly enriched by any alteration or addition to the Work,whether or not there
is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due
under the Contract Documents or a change in the time for performance of the Work.
E. Agreement on any Change Order shall constitute a final settlement of all matters
relating to the change in the Work that is the subject of the Change Order,including but not limited
to all direct and indirect costs associated with such change and any and all adjustments to the
Contract Amount and time for performance of the Work.
F. If Contractor is delayed or interfered with at any time in the commencement or
prosecution of the Work by an act or neglect of the City, an employee, officer, or an architect or
engineer or separate contractor engaged by or on behalf of the City, or by changes ordered in the
Work, an act of God, fire,or other cause over which Contractor has no control and that Contractor
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could not reasonably anticipate,the time for performance of the Work shall be equitably extended,
provided that Contractor gives notice as provided for in Paragraph G below.
G. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addition to, deletion
from, or other change to the Work and/or delay to or interference with commencement or
prosecution of any of the Work, shall be submitted to the City's designated representative within
five (5) working days of the beginning of the event for which the claim is made or on which it is
based. If any claim is not submitted within the five-day period, it shall be deemed waived.
H. No change or claim, nor any delay or dispute concerning the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall
excuse Contractor from proceeding with prosecution of the Work,including any Work as changed.
ARTICLE VIII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work, purchase
and maintain not less than the following insurance coverages and amounts at the contractor's
expense:
1. COMMERCIAL GENERAL LIABILITY INSURANCE written on an
occurrence basis, and agrees it's coverage will not contain any restrictive
endorsement(s) excluding or limiting ongoing and completed operations,
personal & advertising injury, blanket contractual liability or cross liability,
independent contractors,broad form property damage,bodily injury,and agrees
it's coverage will not contain any restrictive endorsement(s) excluding
explosions, collapse, and underground with a minimum limit of $3,000,000
each occurrence. If a general aggregate limit applies, either the general
aggregate limit shall be twice the required per occurrence limit or the general
aggregate shall apply separately to this project (ISO CG 20 03), or if there are
multiple locations(ISO CG 25 04).
2. COMPREHENSIVE BUSINESS AUTOMOBILE LIABILITY INSURANCE
for all owned, non-owned and hired automobiles and other vehicles used by
Contractor with a combined single limit of$1,000,000 minimum.
3. WORKERS COMPENSATION INSURANCE with statutory limits required
by any applicable Federal or state law and Employers Liability insurance with
minimum limit of$1,000,000 per accident.
4. BUILDER'S RISK--Unless otherwise provided,Contractor shall purchase and
maintain, in a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, property insurance written on a
builder's risk "all-risk", including testing, when required, or equivalent policy
form in the amount of the initial Contract Sum, plus value of subsequent
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Contract modifications and cost of materials supplied or installed by others,
comprising total value for the entire Project at the site on a replacement cost
basis without optional deductibles. The Contractor shall be solely responsible
for any deductible amounts. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in
writing by all persons and entities who are beneficiaries of such insurance,until
final payment has been made or until no person or entity other than the City has
an insurable interest in the property, whichever is later. This insurance shall
include interests of the City, the Contractor, subcontractors and sub-
subcontractors and suppliers in the Project. Such coverage shall name the City
as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the
City, an Installation Floater may be acceptable. For such projects, an
Installation Floater shall be obtained that provides for the improvement,
remodel, modification, alteration, conversion or adjustment to existing
buildings, structures, and equipment. The Installation Floater shall provide
property damage coverage for any building, structure, or equipment damaged,
impaired, broken, or destroyed during the performance of the work, including
transit, installation, and testing at the City's site.
5. CLAIMS-MADE POLICIES -- If any of the required policies provide coverage
on a claims-made basis:
• The retroactive date must be shown, and this date must be before the
execution date of the contract or the beginning of contract work.
• Insurance must be maintained,and evidence of insurance must be provided
for at least five(5)years after completion of the contract of work.
• If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of five (5) years after completion of contract
work.
• If the services involve lead-based paint or asbestos identification /
remediation, the Contractors Pollution Liability policy shall not contain a
mold exclusion, and the definition of Pollution shall include microbial
matter, including mold.
6. UMBRELLA OR EXCESS LIABILITY may satisfy minimum liability limits
required above for Commercial General Liability(CGL)under an Umbrellas or
Excess Liability policy. There is no minimum Per Occurrence limit of liability
under the Umbrellas or Excess Liability: however, the Annual Aggregate limit
shall not be less than the highest Each Occurrence limit for either Commercial
General Lability or Business Auto Liability. Contractor agrees to endorse the
City its officers,agents,volunteers,lessees,invitees and employees,covered as
an additional insured on the Umbrellas or Excess Liability and the Certificate
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of Insurance states that the Umbrella or Excess Liability provides coverage on
a"Follow-Form"basis.
B. Prior to construction starting, Contractor shall furnish the City with certificates of
insurance evidencing the required coverage, conditions, and limits required by this agreement and
make the City, its officers, agents, volunteers, lessees, invitees, and employees, covered as an
additional insured on each policy of insurance that Contractor is required to maintain under the
contract documents and provide the appropriate additional insured endorsement(s). Each
additional insured endorsement shall expressly afford coverage to the additional insured's not only
arising out of the named insured's operations or work but also arising out of the named insured's
completed operations. 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.
C. City's receipt or review of any certificate of insurance reflecting that Contractor or
one of its subcontractors or suppliers has failed or may have failed to comply with any insurance
requirement of the contract documents shall not constitute a waiver of any of City's insurance
rights under the contract documents, with all such rights being fully and completely reserved by
the City.
D. Contractor hereby agrees to waive rights of subrogation which any insurer of
Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees
to obtain any endorsement that may be necessary to affect this waiver of subrogation. The
Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City
for all work performed by the Contractor, its employees, agents, and subcontractors.
E. Similarly, Contractor shall require insurance with the same coverage and limits from
its subcontractors and suppliers, and their insurance policies shall be endorsed to name the same
additional insureds as required of Contractor.
F. All completed operations coverages shall be maintained by Contractor and its
subcontractors or suppliers for five(5)years following the completion of the Project.
G. Any coverage available to City as a named insured shall be secondary, so that the
coverage to the City as an additional insured on the policies maintained by Contractor and
subcontractors is primary, including any umbrellas or excess policies.
H. No provision of this agreement shall constitute a waiver of the member's right to
assert a defense based on sovereign immunity, official immunity,or any other immunity available
under law. For any claim or suit seeking damages from the Missouri municipality scheduled in
this endorsement because of"bodily injury", "property damage", or "personal and advertising
injury"caused by"your work",the coverage provided herein does not apply to any claim or"suit"
which is barred by the doctrines of sovereign immunity, qualified immunity, and/or official
immunity although defense of such actions will be provided. No provision of this condition of
coverage, endorsement, or this policy, will constitute a waiver of this company's right to assert a
defense based on the doctrines of sovereign immunity, qualified immunity, and/or official
immunity.
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•
I. If the contractor maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the higher
limits maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
J. 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.
K. Any self-insured retention (SIR) must be declared to and approved by the city prior
to any work being performed under this agreement. When the SIR exceeds $25,000, the city may
require proof of ability to pay all claims handling and defense costs, such as an audited financial
statement or bond. Any SIR is the sole responsibility of the contractor or sub-contractor, if any.
The city reserves the right to deduct from the final payment to the contractor any unsatisfied SIR
which would result in a lien against the project. All SIRs will be shown on the Certificate of
Insurance.
ARTICLE IX
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless the City,its employees,officers,and agents,and any architects,engineers,or other design
professionals engaged by or on behalf of the City and the Industrial Development Authority of the
City of Riverside, Missouri, their officers and employees, from and against claims, damages,
losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from
the performance of the Work,provided that such claim,damage, loss, or expense is attributable to
bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other
than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful
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
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Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
ARTICLE X
COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE
A. Contractor represents and warrants that it has not employed or retained any company
or person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person,other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, the City shall have the right to void this Agreement without liability and, in its
discretion,to deduct from the Contract Amount, or otherwise recover,the full amount of such fee,
commission,percentage, brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made,
directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee,
or agent of City who may reasonably be expected to influence the decision to requisition issue or
take any action with respect to this Agreement. Contractor shall allow a mutually agreeable
nationally recognized certified public accounting firm to examine, at the City's expense, such of
Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to
verify Contractor's compliance with this Article.
C. No official of the City who is authorized in such capacity and on behalf of the City
to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction, or material supply contract or
any subcontract in connection with the construction of the project, shall become directly or
indirectly interested personally in this Agreement or in any part hereof. No officer, employee,
architect, attorney, engineer, or inspector of or for the owner who is authorized in such capacity
and on behalf of the City to exercise any legislative, executive, supervisory, or other similar
functions in connection with the construction of the project, shall become directly or indirectly
interested personally in this Agreement or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining to the project.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two (2) years after final payment to Contractor, Contractor shall
maintain, in accordance with generally accepted accounting principles, such records as are
necessary to substantiate that all applications for payment hereunder were valid and properly
chargeable to the City. For lump sum contract Work, the records shall demonstrate that the City
was billed at appropriate times for proper percentages of completion and for payments to
subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum
basis, the records to be maintained hereunder include but are not limited to all contracts,
subcontracts, material bills, correspondence, accounting records, time sheets, payroll records,
canceled checks, orders, and invoices pertaining to the City's account. The City's representative
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WA 13219490.1
shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records
at any time during normal business hours to verify the accuracy of Contractor's invoices and
charges.
ARTICLE XII
NOTICES
A. The following persons are designated by the respective parties to act on behalf of
such party and to receive all written notices and payment applications:
For the City: Travis Hoover, City Engineer
2950 N.W. Vivion Road
Riverside, MO 64150
Telephone(816) 372-9004
For Contractor: HECO, Inc.
5030 NW Waukomis Dr.
Kansas City, MO 64151
B. Any notice required by the Contract Documents to be given in writing or that either
the City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the
party giving notice. The notice shall be deemed to have been completed when sent by certified or
registered mail to the other party at the address set forth herein,or delivered in person to said party
or their authorized representative.
C. Contractor's designated representative shall be available to meet with the City at any
time during the performance of the Work and shall have full authority to act on Contractor's behalf
on any matter related to this Agreement and/or the Work.
ARTICLE XIII
DEFAULT AND TERMINATION
A. If Contractor fails to comply, becomes unable to comply, or with reasonable
probability (as determined solely by the City) will become unable to comply with any of
Contractor's obligations under the Contract Documents, including but not limited to (1) failure at
any time to furnish sufficient labor or supervision, sufficient materials or services (including but
not limited to insurance and bonds) complying with the Contract Documents, or sufficient or
properly operating tools,equipment,or other items necessary for the performance of the Work,(2)
failure in any respect to prosecute the Work with promptness and diligence, (3) causing any
stoppage of, delay in, or interference with any work of the City or any others on the Project, (4)
abandonment by Contractor of all or any part of the Work,or(5)bankruptcy,insolvency or general
assignment for the benefit of creditors by Contractor, Contractor shall be in default, and if the
default is not corrected to the City's satisfaction within seventy-two (72) hours of delivery of a
written notice to Contractor to correct such default, the City may, in addition to any other right or
remedy the City may have, terminate the services of the Contractor and take possession of the
project and of all materials, equipment, tools, construction equipment and machinery thereon
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WA 13219490.1
owned by the Contractor and finish the work by whatever method the City may deem expedient to
correct the default, at Contractor's expense. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If such costs exceed the unpaid balance
due to Contractor,the Contractor will pay the difference to the City.
B. If City exercises its right to take over and complete any part or all of the Work, the
City and its designees shall have access to and may take possession of Contractor's materials,
tools, equipment, and other items at the Project site, enroute to the site, or in storage or being
manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken
over by the City and may employ Contractor's employees or former employees, all without any
liability to Contractor.
C. Contractor shall be liable for and shall pay to the City all costs and expenses of
whatsoever nature incurred by the City as a result of any default by Contractor, including but not
limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel,
and legal and accounting fees. Contractor also shall be liable for and shall pay to the City all
charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against
the City as a result of any delay or disruption resulting from any default by Contractor. The total
amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims
may be deducted by the City from the amount, if any, otherwise due Contractor, and Contractor
shall pay the City the full amount of any excess of such total over the amount otherwise due
Contractor.
D. No right or remedy conferred upon or reserved to the City by the Contract Documents
is exclusive of any other right or remedy provided or permitted in the Contract Documents or by
law or equity, but each right or remedy is cumulative of every other right or remedy, and every
right or remedy may be enforced concurrently or from time to time. No exercise by the City of
any right or remedy shall relieve Contractor from full and absolute responsibility for all of
Contractor's obligations under the Contract Documents.
E. No failure or delay of the City to give notice to correct any default of Contractor or
to exercise any of the City's rights or remedies shall waive or excuse the default,and the City shall
remain free to pursue all rights and remedies. No failure of the City to insist, in any one or more
instances,upon the performance of any of Contractor's obligations under the Contract Documents
shall be deemed or construed as a waiver or relinquishment of the City's right to insist upon strict
performance of the obligation in any future instance.
F. If through no act or fault of the Contractor, the Work is suspended for a period of
more than ninety(90) days by the City or under an order of court or other public authority, or the
City fails to act on any request for payment within thirty(30)days after it is submitted, or the City
fails to pay the Contractor substantially the sum approved by the Engineer and Administrator,then
the Contractor may after ten(10) days from delivery of written notice to the City to terminate the
Agreement and recover from the City payment for all work executed.
G. The City, without terminating the service of the Contractor or written notice to the
Surety, through the Project Manager may withhold, without prejudice to the rights of the City
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WA 13219490.1
under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the
whole or part of any approved partial payment estimate to such extent as may be necessary to
protect the City from loss on account of (1) defective work not remedied, (2) claims filed or
reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make
payments properly to Subcontractors or for material or labor, (4) a reasonable doubt that the Work
can be completed for the balance then unpaid, (5) damages to another contractor, or (6)
performance of work in violation of the terms of the Contract Documents.
ARTICLE XIV
TERMINATION FOR CONVENIENCE
Notwithstanding anything contained herein to the contrary, the City may, at any time, for
any reason, and without Contractor's being in default, terminate Contractor's performance of any
part or all of the Work for the City's own convenience by giving written notice to Contractor.
Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent
directed by the City, stop work and turn over to the City or the City's designee materials and
equipment purchased for the Work.The City shall pay Contractor,in accordance with the Contract
Documents, for only so much of the Work as is actually performed as of the termination for
convenience. The City shall not be obligated to Contractor for any further payment, including but
not limited to prospective overhead or profit on unperformed work. If a termination by the City of
Contractor's right to proceed on the ground of default by Contractor is determined later to have
been improper, the termination automatically shall be converted to a termination for the City's
convenience, and the City's obligation to Contractor shall be limited to payment to Contractor as
provided in this Article.
ARTICLE XV
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any
applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers
guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project
area. Contractor shall secure all permits from public and private sources necessary for the
fulfillment of Contractor's obligations under the Contract Documents.
B. With each application for payment submitted by Contractor to the City, Contractor
shall include (a) a signed statement, in form acceptable to the City, showing, for each weekly
payroll period that ended during the period covered by the application for payment, the name,
address, social security number, occupation, and craft of each worker employed by Contractor in
connection with the Work and, for each such worker, the number of hours worked each day, the
total hours worked during the payroll period, the gross amount earned, an itemization of all
deductions, and the net wages paid and(b) a corresponding statement from each Subcontractor of
any tier that employed any workers in connection with the Work during the period covered by the
application for payment.
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WA 13219490.1
C. This Agreement shall be governed by and construed in accordance with the laws of
the State of Missouri.
ARTICLE XVI
LABOR STANDARDS PROVISIONS
A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate
of wages established by the Missouri Department of Labor and Industrial Relations Division of
Labor Standards shall be paid to all workers performing work under the Agreement. An Affidavit
of Compliance with the Prevailing Wage Law as set forth in Exhibit B shall be completed by
Contractor and every Subcontractor employed on the Project prior to final payment. The
Contractor will forfeit a penalty to the City of$100 per day (or portion of a day) for each worker
that is paid less than the prevailing rate for any work done under the contract by the Contractor or
by any Subcontractor.
B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment(any
month immediately following two consecutive calendar months during which the level of
unemployment in the state has exceeded five percent (5%) as measured by the United States
Bureau of Labor Statistics) only Missouri laborers (persons who have resided in Missouri for at
least thirty days and intend to become or remain Missouri residents) and laborers from non-
restrictive states (persons who are residents of a state which has not enacted state laws restricting
Missouri laborers from working on public works projects in that state, as determined by the Labor
and Industrial Relations Commission), may be employed under the contract, except that other
laborers may be used when Missouri laborers or laborers from nonrestrictive states are not
available, or are incapable of performing the particular type of work involved, if so certified by
the Contractor and approved by the City.
C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the
Contractor or by any subcontractors to laborers or mechanics employed by the Contractor or
Subcontractor upon the work covered by this Agreement,the City, in addition to such other rights
as may be afforded it under this Agreement shall withhold from the Contractor, out of any
payments due the Contractor, so much thereof as the City may consider necessary to pay such
laborers or mechanics the full amount of wages required by this Agreement. The amount so
withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor
(as may be appropriate), to the respective laborers or mechanics to whom the same is due or on
their behalf to plans, funds,or programs for any type of fringe benefit prescribed in the applicable
wage determination.
D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen(16)years
and no person who, at the time, is serving sentence in a penal or correctional institution shall be
employed on the work covered by this Agreement.
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ARTICLE XVII
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment
because of race, color,religion, sex, or national origin. The Contractor will take affirmative action
to ensure that applicants and employees are treated fairly during employment, without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to,
employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
ARTICLE XVIII
SUBCONTRACTS,ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of the City, Contractor shall not assign this
Agreement or any money due or to become due Contractor or issue a subcontract or purchase order
to any person or entity for any or all of the Work. The City's consent to any assignment,
subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract
Documents, nor shall it create any obligation from the City to any assignee, subcontractor, or
vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be
in writing and shall provide that the City is an intended third-party beneficiary of the subcontract
or purchase order.
C. The Contractor shall be fully responsible to the City for the acts and omissions of its
Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is
for the acts and omissions of person directly employed by it.
D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to bind Subcontractors to the Contractor by the terms of the Contract
Documents insofar as applicable to the work of Subcontractors and give the Contractor the same
power as regards terminating any Subcontract that the City may exercise over the Contractor under
any provision of the Contract Documents. Nothing contained in this Agreement shall create any
contractual relation between any Subcontractor and the City.
E. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to the City. Contractor hereby assigns to the City
all its interest in any present or future subcontract or purchase order issued by Contractor for any
or all of the Work. This assignment shall be effective upon acceptance by the City in writing and
only as to the specific subcontract(s) and/or purchase order(s) that the City designates in the
writing. This assignment may be accepted by the City at any time, whether before or after final
payment to Contractor, and may not be withdrawn by Contractor without the City's written
consent.
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ARTICLE XIX
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work,at all times,is performed in a manner that affords
reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent
areas. '
B. Representatives of the City may inspect or review any Work performed by Contractor,
and consult with Contractor, at any time. The City's inspections or reviews shall not constitute
acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with
the City at its request.
C. Contractor shall at all times during performance of the Work keep the Project site clean
and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor
shall clean the area and remove all rubbish and its construction equipment,tools,machinery,waste,
and surplus materials. Contractor shall make provisions to minimize and confine dust and debris
resulting from construction activities. If Contractor fails to comply with cleanup duties within
twenty-four (24) hours after written notification from the City of non-compliance, the City may
implement cleanup measures without further notice and deduct the cost from any amounts due or
to become due Contractor.
ARTICLE XX
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration,
competence, and experience to perform all the Work.
ARTICLE XXI
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the
performance of the Work, and shall carry out its responsibilities in accordance with customarily
accepted good professional practices. The Contractor warrants and guarantees that the Fill Dirt
conforms with the plans and specifications and that it is free from "Hazardous Substance" as that
term is defined herein. "Hazardous Substance" shall mean any substance, chemical, compound,
product, solid, gas, liquid, odor, heat, sound, vibration, radiation, waste, byproduct, pollutant,
contaminant, or material which is (A) regulated, defined or designated as a hazardous substance,
hazardous waste, extremely or imminently hazardous, carcinogenic, toxic, deleterious, caustic, a
pollutant,a contaminant, or a source of contamination pursuant to environmental laws,(B)subject
to investigation, monitoring, reporting or remediation by any government authority (local, state,
municipal, territorial or federal), (C) asbestos, polychlorinated biphenyls and petroleum and
petroleum products (including crude oil or any fraction thereof) or (D) natural gas, synthetic gas
and any mixtures thereof. Contractor shall promptly make such corrections as may be necessary
by reason of such defects including the repair of any other damages that were caused by defects in
the work, at its own expense. The City will give notice of observed defects with reasonable
promptness. In the event that the Contractor fails to make such repairs, adjustments or other work
that may be necessary by such defects, the City may do so and charge the Contractor the cost
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WA 13219490.1
thereby incurred. In emergency where, in the judgment of the City delay would cause serious loss
or damage, repairs and replacement of defects in the work and damage caused by defects may be
made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof.
Neither final payment, Engineer's Final Certificate, nor any other provision in the Contract
Documents shall affect Contractor's obligation to complete the Work free of defects in
workmanship and material.
B. Contractor shall remain solely responsible for the performance of the Work as
required by the Contract Documents, notwithstanding any suggestions or observations made by
another person or entity with respect to the Work.
C. This Article does not establish a period of limitation with respect to any obligation of
Contractor under the Contract Documents, and does not limit the time allowed by law for any
action for breach of such obligation, including but not limited to, a breach of warranty concerning
Hazardous Substances.
ARTICLE XXII
STORAGE OF MATERIALS AND EQUIPMENT
Only materials and equipment that are to be used directly in the Work shall be brought to
and stored at the Project site by Contractor. After equipment is no longer required for the Work, it
shall be promptly removed from the Project site. Protection of construction materials and
equipment stored at the Project site from weather, theft, and all other casualty or damage is solely
the responsibility of Contractor.
ARTICLE XXIII
TAXES
A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue
Form 5060) will be provided by City for the purchase of any materials or personal property
incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The
Contractor will pay all other sales, consumer, use and other similar taxes required by the State of
Missouri or other taxing jurisdiction.
ARTICLE XXIV
SAFETY
• A. Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with performance of the Work and shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage,injury, or
loss to (1) employees and other persons at the Project site or who may be affected by the Work,
(2) materials and equipment stored at on-site or off-site locations for use in performance of the
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.
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WA 13219490.1
B. Contractor shall give notices required by and comply strictly with applicable laws,
ordinances,rules,regulations, orders, and the like bearing on safety of persons or property or their
protection from damage, injury, or loss. The Contractor will erect and maintain, as required by
the conditions and progress of the work, all necessary safeguards for safety and protections. The
Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them.
The Contractor will remedy all damage,injury or loss to any property caused directly or indirectly,
in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed
by any of them or anyone whose acts any of them may be liable.
C. The Contractor shall exercise proper precaution at all times for the protection of
persons and property and shall be responsible for all damages to persons or property, either on or
off the site, which occur as a result of his prosecution of the work. The safety provisions of
applicable laws and building and construction codes shall be observed and the Contractor shall
take or cause to be taken, such additional safety and health measures as the City may determine to
be reasonably necessary.
D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour
Occupational Safety and Health Administration (OSHA) construction safety program for all
employees who will be on-site at the Project. The construction safety program shall include a
course in construction safety and health that is approved by OSHA or a similar program approved
by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an
approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-
site employees to complete a construction safety program within sixty(60)days after the date work
on the project commences. Contractor acknowledges and agrees that any of Contractor's
employees found on the Project site without documentation of the successful completion of a
construction safety program shall be required to produce such documentation within twenty (20)
days, or will be subject to removal from the Project. Contractor shall require all of its
Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo.
Contractor shall forfeit to the City as a penalty two thousand five hundred dollars
($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by
Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee
is employed without the construction safety training required herein. The penalty described in this
Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this
requirement and imposition of the penalty described in this Paragraph shall be investigated and
determined by the Missouri Department of Labor and Industrial Relations.
E. If the City deems any part of the Work or the Project site unsafe, the City, without
assuming responsibility for Contractor's safety program, may require Contractor to stop
performance of the Work or take corrective measures satisfactory to the City or both. If Contractor
does not adopt corrective measures,the City may perform them or have them performed and deduct
their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase
in the Contract Amount, or for a change in the time for performance of the Work based on
Contractor's compliance with the City's reasonable request.
ARTICLE XXV
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WA 13219490.1
UNAUTHORIZED EMPLOYEES
Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or
employer from knowingly employing, hiring for employment, or continuing to employ an
unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants
that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not
knowingly employ,hire for employment,or continue to employ any unauthorized aliens to perform
work on the Project, and that its employees are lawfully eligible to work in the United States.
ARTICLE XXVI
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any Subcontractors,
suppliers, employees,or agents shall be deemed an employee or agent of the City for any purpose.
ARTICLE XXVII
CONFLICT
Contractor shall promptly upon discovery notify the City of any conflict, ambiguity or
inconsistency in the Contract Documents, or between any Contract Document and actual field
conditions, and the City shall resolve such conflict, ambiguity or inconsistency in its sole
discretion.
ARTICLE XXVIII
SEVERABILITY
Should any specific provision of this Agreement or other Contract Documents be found
to be unenforceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXIX
NO PRESUMPTION AGAINST THE DRAFTER
No presumption or inference against the City shall be made because of the City's
preparation of this Agreement or other Contract Documents.
ARTICLE XXX
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract Documents,
or the breach thereof, and if the dispute cannot be resolved through negotiation, the City and
Contractor shall first try in good faith to resolve the dispute by mediation before resorting to
20
WA 13219490.1
litigation. Unless City and Contractor agree otherwise,the mediation shall be administered by the
American Arbitration Association under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the Project or this
Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the
other party its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXXI
TITLES
The titles given to the Articles in this Agreement are for ease of reference only and shall
not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles
shall not define or limit any of the provisions of any of the Articles.
ARTICLE XXXII
PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the contract shall be read and enforced as
though it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the contract shall
forthwith be physically amended to make such insertion or correction. All such laws, orders and
regulations are applicable to this Project and are made a part hereof by reference.
ARTICLE XXXIII
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between
the parties with respect to their subject matter. Any prior agreements, understandings, or other
matters, whether oral or written, are of no further force or effect. Subject to Article VII of this
Agreement, this Agreement and any other Contract Document may be amended, changed, or
supplemented only by written agreement executed by both of the parties.
THIS AGREEMENT shall be binding on the parties only after it has been duly executed
by City and Contractor.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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WA 13219490.1
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives.
APPROVED AS TO FORM:
ATTORNEY.
By:
Attorney, Paul A. Cawc.pd
City of Riverside,Missouri: 1
By:
h �
-` i � J
Kat een L. Rose,Mayor
Dated: a a-Da
COUNTERSIGNED BY:
CITY PURC SING AGENT:
By:
Bri . Ko
Cit Administrator
ATTES .
Robin Kincai City Clerk
Heco, Inc.: /
By:
(Signature) /
Printed Name: L Iv) /4,,S H'
Title: +‘...n,,,tr
ATTE •
SEC T ,
(Name Printed)
22
WA 13219490.1
EXHIBIT A
RATE SCHEDULE FOR STRIPPING AND COMPACTING
HOUSTON EXCAVATING AND DEMOLITION EQUIPMENT
RENTAL RATES AS OF MARCH 2014
Types of Equipment Per Hour
Caterpillar D&K Dozer $230
Caterpillar 977L Loader $190
Caterpillar 963 Loader $190
Caterpillar 963B Loader $190
Caterpillar 627E Scraper $265
Caterpillar 627B Scraper $255
Caterpillar 613 Paddle Scraper $190
Caterpillar 815 Compactor $190
Caterpillar 320 Track Hoe $210
Caterpillar 330 Track Hoe $235
Hamm Vibratory Compactor $190
Kenworth Tractor w/Low Boy Trailer $165
Peterbuilt Tractor w/41' Push Out Trailer $170
Kenworth Tractor w/Barrel End Dump $135
Air Curtail Tree Burner $110
Komatsu 220 Track Hoe and Breaker $300
Komatsu 220 Track Hoe $240
Cat 320 Track Hoe and Breaker $300
Skid Steer $140
Broom $150
304-Mini Excavator $150
Single Axle Dump $115
Kenworth 17' Tri-Axle Dump $135
Truck & Supervisor $100
Laborer $70
(PREVAILING WAGE RATES)
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WA 13219490.1
EXHIBIT B
AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
I, 1 [bA5&Y_4 ' ,upon being
��duly
""""sworn upon my oath state that:
(1)I am the ()MIA( of NGLV t,, , CUM- I-656n E1(C410 '►- DeAto t olt
(2) all requirements of Section 290.210 to 290.340. RSMo,pertaining to the payment of wages to
workers employed on public works projects have been fully satisfied with regard to this Contractor's work
on PROJECT;
(3)I have reviewed and am familiar with the labor standards provisions and prevailing wage rules
established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards;
(4) based upon my knowledge of these rules, including all occupational titles set out in the
applicable regulations, I have completed full and accurate records clearly indicating:
(a) the names, occupations, and crafts of every worker employed by this Company in
connection with this Project together with an accurate record of the number of hours worked by
each worker and the actual wages paid for each class or type of work performed,
(b)the payroll deductions that have been made for each worker, and
(c)the amounts paid to provide fringe benefits, if any, for each worker.
(5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a
third party pursuant to a fund,plan,or program on behalf of the workers;
(6) these payroll records are kept and have been provided for inspection to the authorized
representative of the City and will be available, as often as may be necessary,to such City and such other
regulatory agencies as may be deemed necessary;
(7) such records shall not be destroyed or removed from the State of Missouri for one (1) year
following the completion of Contractor's work on this Project;
(8) when in effect, the requirements of Sections 290.550 through 290.580 RSMo. Pertaining to
excessive unemployment were fully satisfied; and
(9) there has been no exception to the full and complete compliance with the provisions and
requirements of the wage orders applicable to the Agreement and Contract Documents.
The matters stated herein are true to the best of my information, knowledge, and belief. I
acknowledge that the falsification of any information set out herein may subject me cprosecution.
L , l 5
Sign ture 'TLO
Printed Name J Subscribed and sworn to me this 21 day of IOU- ,2024.
\I !ice
NataryP 4ic
My Commission expires: 4 t 0)LD 26
GINGER L MOORE
NOTARY PUBLIC•NOTARY SEAL
24 STATE OF MISSOURI
MY COMMISSION EXPIRES SEPTEMBER 28,2025
PLATTE COUNTY
COMMISSION#21104399 WA 13219490.1
EXHIBIT C
WORK AUTHORIZATION AFFIDAVIT
STATE OF MISSOURI )
1 ) ss.
COUNTY OF IlQ,w, )
As used in this Affidavit,the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within the State
of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work
authorization programs operated by the United States Department of Homeland Security or an equivalent
federal work authorization program operated by the United States Department of Homeland Security to
verify information of newly hired employees,under the Immigration Reform and Control Act of 1986
(IRCA),P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,(a)with respect to the person's conduct or
to attendant circumstances when the person is aware of the nature of the person's conduct or that those
circumstances exist; or(b)with respect to a result of the person's conduct when the person is aware that
the person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal
law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3).
BEFORE ME,the undersigned authority,personally appeared LaAta, Stitallni ,who,being duly
sworn, states on his oath or affirmation as follows:
1. My name is tJ1A&LL 44plt,561 and I am currently the OWhlr of
NEGD Luc,d,,a tioks4rjh 44 +hr, •Dev►+oi ik (hereinafter"Contractor"),whose
business address is 5D30 NW y1(AM< is, llt gilbiliftrAcer, MID b'K1' ,and I am authorized to
make this Affidavit. I am of sound mind and capable of making this Affidavit, and am personally
acquainted with the facts stated herein.
2.Contractor is enrolled in and participates in a federal work authorization program with respect to the
employees working in connection with the Janitorial Services. Contractor does not knowingly employ any
person who is an unauthorized alien in connection with the contracted services set forth above.
4-- • /4°-51(—'
Affiant
L Ckitet 46k5 61
Printed Name
Subs ,,rt
and swo ii• before me this 2-1 day of J IOU- , 2024.
Ykjr-rd-
Not Pub
GINGER L MOORE
NOTARY PUBUC-NOTARY SEAL
STATE OF MISSOURI
MY COMMISSION EXPIRES SEPTEMBER 28,2025
PLATTE COUNTY
COMMISSION#21104399
25
WA 13219490.1
EXHIBIT D
ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION
Pursuant to RSMo. §34.600,a public entity shall not enter into a contract to acquire or dispose of
services, supplies, information technology,or construction valued at$100,000,or with a contractor
having ten or more employees,unless the contract includes a written certification that the person or
company is not currently engaged in, and shall not, for the duration of the contract,engage in a boycott
of:
Goods or services from the State of Israel;
Companies doing business in,or with, Israel
Companies authorized by,licensed by,or organized under,the laws of the State of Israel; or
Persons or entities doing business in the State of Israel.
For a definition of the term"boycott",please refer to RSMo. §34.600.3.
By signing below,the entity agrees and certifies that it does not currently,and will not for the duration of
this contract, engage in any of the types of boycotts listed above.
Contractor:
By: � �--
S
Name: (-bAvc { e j 16".
Title: r✓‘tc'
26
WA 13219490.1