HomeMy WebLinkAbout2003-004 - Construction Contract with Bandaras Construction for Storm Sewer ImprovementsBILL NO. 2003-04
ORDINANCE NO. 2003-04
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSTRUCTION CONTRACT WITH BANDERAS CONSTRUCTION, INC FOR THE
CONSTRUCTION OF CERTAIN STORM SEWER IMPROVEMENTS IN THE CITY
OF RIVERSIDE, MISSOURI
WHEREAS, the City of Riverside, Missouri ("City") desires to engage the sewices of a
contractor to perform consh•uction services in connection with storm sewer improvements at NW
Gateway; and
WHEREAS, the City advertised and received multiple bids for the storm sewer
improvements at NW Gateway, and
WHEREAS, at its January 3, 2003, meeting the City's Board of Aldermen did approve
the bid of $171,836.30 for the consduction services; and
WHEREAS, BANDERAS CONSTRUCTION, INC. has provided the City with a
contract detailing the costs and services approved by the City.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri as follows:
Section 1. The City oP Riverside shall employ Banderas Construction, Inc. ~o perform the
construction services, and shall pay to Banderas Construction, Inc. an amount not to exceed
$171,836.30 for such construction services which are described in the bid form attached hereto
as Exhibit A (the Bid Form").
Section 2. The contract, in substantially the form attached hereto as Exhibit A, and payment
by the Ci[y for the construction services described therein, is approved, and the Mayor is
authorized to take such actions reasonably necessary ro can~y out the intent of this Ordinance on
behalf of the City.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this 6°i day of January, 2003.
~~ ~ Zc
Mayor
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,` ~` AGREEMENT BETWEEN CITY OF RI~~ERSIDE AND CONTPACTOP.
THIS AGPEEMENT, made and entered into this~~daV of
2003, by and between the City of Riverside,
souri 'City"),and Banderas Construction, Inc. ("Contractor"),
~ishall vern all labor, material, equipment, and services to be
provided by Contractor for City on the Project described herein.
WHEREAS, the City of Riverside, under the provisions of
Ordinance No. 2003-04, duly approved January 7, 2003 by virtue of
the authority vested in the City by the general ordinances of the
City, intends to enter into one or more contracts for completion of
the Project; and
WHEREAS, the Mayor is authorized and empowered by the City to
execute contracts on behalf of the City, and the City Administrator
and his or her designees (collectively, the "Administrator") are
authorized to perform the contract functions herein; and
WHEREAS, the Administrator may designate an engineer,
architect, or other person to assist the Administrator in performing
his or her functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with
Contractor to obtain labor, material, equipment and/or services as
set forth herein; and
WHEREAS, Contractor represents that Contractor is equipped,
competent, and able to underta}~e such an assignment;
NOW THEREFORE, in consideration of the mutual covenants and
considerations herein contained, IT IS HEREBY AGREED by the parties
hereto as follows:
ARTICLE I
THE PROJECT
Contractor shall provide all remaining Work for completion of
the Project.
"Work", as used in this Agreement and the other Contract
Documents, means all remaining labor, services, materials, supplies,
tools, equipment, supervision and management necessary to accomplish
the results and objectives described in Exhibit A, Scope of Work,
Exhibit C, Specifications and Drawings, and the other Contract
Documents, including all duly executed Change Orders.
The Contractor and each subcontractor shall evaluate and
satisfy themselves as to the conditions and limitations under which
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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)
anticipated labor supply and costs, and (a) availability and cost of
materials, tools, and equipment. The City shall not be required to
make any adjustment in either the Contract Amount or the Schedule in
connection with any failure by the Contractor or any subcontractor
to comply with the requirements of this paragraph.
ARTICLE II
CONTRACT AMOUNT
Provided Contractor performs all Work in accordance with the
Contract Documents, City shall pay Contractor the Lump Sum Amount as
listed in the Itemized Proposal. Such amount shall include all
taxes (except sales and compensating tax), costs, permit fees,
profit, overhead, expenses and compensation of every kind related to
the Work, and shall be referred to as the "Contract Amount."
This Agreement is subject to the City Ordinances, and payments
hereunder shall be limited to the amount of particular appropriation
for the Work hereunder by the Board of Aldermen. The total payments
under this Agreement shall not exceed the appropriation contained in
Ordinance No. 2003-04 authorizing the Work, and Contractor shall not
seek, nor be entitled to, payments exceeding such amount unless the
City directs Contractor in writing to perform additional work
pursuant to Article VI of this Agreement, and City enacts another
ordinance authorizing such amounts as City agrees to pay under
Article VI.
ARTICLE III
SCHEDULE/EFFECT OF DELAY
A. Contractor's obligations to perform the Work shall begin
on February 1, 2003, unless otherwise directed in writing by the
Administrator.
B. The Contractor shall achieve Substantial Completion (as
defined in the Contract Documents) of the entire Work not later than
March 1, 2003. If Contractor fails to achieve Substantial
Completion by this date, the City shall retain $1,000.00, as
liquidated damages and not as a penalty, for each calendar day after
this date until Contractor achieves Substantial Completion.
Following Substantial Completion Contractor shall proceed as
promptly as weather conditions permit to complete all uncompleted
Work items.
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The Contractor shall upon commencement of construction,
work daily to complete the project except for holidays and days of
inclement weather.
In the event the Administrator reasonably determines that
the performance of the Work has not progressed or reached the level
of completion required by the Contract Documents or that the Work is
being unnecessarily delayed or will not be finished within the
prescribed time, the Administrator shall have the right to order the
Contractor to to}:e corrective measures necessary to expedite the
progress of construction, including, without limitation, (1) working
additional shifts or overtime, (2) supplying additional manpower,
equipment, and facilities and (3) other similar measures
(hereinafter referred to collectively as "Extraordinary Measures").
Such Extraordinary Measures shall continue until the progress of the
Work complies with the stage of completion required by the Contract
Documents, and clearly indicates that all Schedule dates will be
met. The City's right to require Extraordinary Measures is solely
for the purpose of ensuring the Contractor's compliance with the
construction Schedule.
1. The Contractor shall not be entitled to an
adjustment in the Contract Amount as a result of the
Extraordinary Measures required by the Administrator pursuant
to this paragraph. The City shall not be liable for any costs,
either direct or indirect, of Contractor in complying with such
Extraordinary Measures.
2. The City may exercise the rights furnished
the City pursuant to this paragraph as frequently as the City
deems necessary to ensure that the Contractor's performance of
the Work will comply with any schedule date or completion date
set forth in the Contract Documents.
C. If the Contractor abandons the Work or, in the
reasonable determination of the Administrator, fails to take
all Extraordinary Measures directed by the Administrator as
will insure timely and satisfactory completion of the Work, the
Administrator may direct Contractor to discontinue all Work
under this Agreement. Contractor shall immediately discontinue
all Work upon receipt of such notice. The City may then annul
and cancel this Agreement and rebid the Work, or any part
thereof, and Contractor shall be liable for all increased costs
and expenses of City related to rebidding and completing the
Work. The City may take control of and use for completing the
Work all equipment or materials at the Project site or
otherwise identifiable for the Work, and the Contractor shall
receive a credit for the value of the materials or equipment
used. Upon receipt of notice from the Administrator to
discontinue Work, the Contractor shall receive no further
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payment from the City until the City has such Work completed by
its own personnel or others, and then the Contractor shall
receive only such amount, if any, that the total cost of the
Work was less than it would have been if completed by
Contractor. If the cost of completing the work, including
costs from rebidding and related expenses, exceeds the unpaid
balance of the Contract Amount, Contractor shall promptly pay
City the amount the City pays for proper completion of the work
in excess of the Contract Amount.
D. If the Work is delayed by Act of God, fire, or other
cause over which Contractor has no control and could not
reasonably anticipate, the Schedule shall be extended as the
City and Contractor shall reasonably agree; such extension
shall be made only if Contractor notifies City ion writing of
the reason for the delay, and its expected length, within 7
seven days from the commencement of the delay. In no event
shall the Contract Amount be increased to allow Contractor's
recovery of that portion of delay costs caused by the acts or
omissions of Contractor, its agents or subcontractors.
ARTICLE IV
CONTRACT DOCUMENTS
The following documents, and any other documents
specifically referenced therein, and all Contract Change
Orders, form the entire Agreement between City and Contractor,
and are the Contract Documents:
1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND
CONTRACTOR
2. EXHIBIT A - SCOPE OF WORK
3. EXHIBIT B - SCHEDULE OF RATES FOR EXTRA WORK
PERFORMED ON A TIME AND MATERIALS BASIS, dated
4. EXHIBIT C - SPECIFICATIONS dated November 19, 2002
AND DRAWINGS dated as indicated on EXHIBIT C.
5. EXHIBIT D - FORM OF BOND (For Performance and
Payment), approved
6. EXHIBIT E - ITEMIZED PROPOSAL
7. EXHIBIT F - PREVAILING WAGES FOR PLATTE COUNTY
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In the event of any dispute between this Agreement and any
E~_hibit, the terms of this Agreement shall prevail.
P1?TICLE V
PAYMENTS
1. 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.
2. On or about the first day of Contractor's monthly
accounting period, Contractor shall submit an Application
for Payment to the City representative designated in
Article XII. In addition to the amount requested in that
Application for Payment, each Application shall list the
original Contract Amount, the amount Contractor has
invoiced City to date for this Project, the amount
Contractor has received to date, total additions to and
deletions from the Contract Amount pursuant to approved
Change Orders or Addenda, and the amount of any additions
to or deletion from the Contract Amount that Contractor
seeks in its current Application. Contractor shall also
state the amount Contractor intends to pay its suppliers
and subcontractors from such payment. Contractor shall
include with each Application all supporting documentation
as City may require. City shall pay Contractor within 30
days of delivery of Contractor's Application and all
supporting documentation to the City's designed, provided
all Work and documentation are acceptable to City. Within
15 days of its receipt of payment from the City,
Contractor shall pay all subcontractors and suppliers to
whom payment is owed from the amount paid to Contractor.
3. All payments under this Agreement shall be made only
upon the approval of the Administrator or such licensed
Engineer or Architect as the Administrator may designate
to review payment applications. The Administrator shall
review each Application for Payment, and certify for
payment such amounts as the Administrator believes are due
Contractor under the Schedule of Values and the
documentation submitted by the Contractor. From the total
amount certified, the Administrator shall withhold Ten
percent (l00) as retainage until Substantial Completion of
the Work, as defined in the Contract Documents. The City
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Treasurer, upon presentation of such certificate, shall
prepare a check for the sum certified to be due, payable
out of the funds in the City Treasury available for
Contractor under Ordinance No.2003-04. Payment shall be
made to Contractor after the Board of Aldermen review and
approve the payment, and authorize the Mayor and City
Treasurer to endorse the check for payment.
4. Neither the Administrator's certificate nor payment
made thereon to Contractor shall constitute final
acceptance of any part of the Work. Conteactor shall
remain obligated to perform all Work pursuant to the
Contract Documents.
5. With each Application, Contractor shall submit a
signed waiver of all rights of Contractor to asse~~t any
claim under RSMo. 107.170 or under Chapter 429 (to the
extent applicable) for labor or material provided through
the date of the current application. The City may, at its
option, require a lien waiver and/or release of claim
rights from each subcontractor or materialman performing
work on the project prior to making any payment to the
Contractor. The subcontractors' lien waivers and releases
shall be in a form approved by the City and shall indicate
that all debts for work performed by each subcontractor
included on any previous invoice to City from the
Contractor have been satisfied and that the subcontractor
waives and releases any lien, claim or right to lien and
any right to bring an action against City or any other
person or entity pursuant to RSMo 107.170, and under
Chapter 429 and the other statutes relating to mechanic's
liens (to the extent applicable) on account of labor or
materials furnished for the Project.
6. The Contractor's retainage shall not be released
until the Contractor indicates, and the Administrator
certifies, that the Work is Substantially Complete.
Retainage shall be paid to the Contractor within 30 days
of the Administrator's certification that the Work is
Substantially Complete. If there are any minor items
remaining to be completed upon Substantial Completion, an
amount equal to two hundred percent (2000) of the value of
each item, as determined by the Administrator, shall be
withheld until such items are completed.
7. The Contractor shall not be entitled to demand or
receive final payment for the Work until all requirements
of the Contract Documents are complied with, and the
Administrator shall have given his or her certificate to
that effect; the City, after ten days from the delivery of
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the Administrator's certificate, shall pay the Contractor
all remaining funds which the Contractor is due under this
Agreement. Acceptance of the final payment by the
Contractor shall release the City from all further
obligations to having been claimed by Contractor, except
as to such amounts, if any, Contractor has specifically
identified in its Final Application for Payment as having
been claimed by Contractor. A11 claims to extra funds not
identified in the Final Application for Payment are
waived.
8. The City may withhold final or any monthly payment to
Contractor on any reasonable basis, including the
following:
a. Unsatisfactory job progress;
b. Defective Work;
c. Contractor's failure to make payments to its
subcontractors or suppliers;
d. Reasonable evidence that all Work cannot be
completed for the unpaid balance of the Contract
Amount;
e. Damage by Contractor or its subcontractor to
property of the City or other party;
f. Contractor's breach of this Agreement; or
f. Contractor's failure to provide requested
documentation.
ARTICLE VI
CHANGES
A. The City, without invalidating this Agreement, may
order changes in the Scope of Work or any other terms or
conditions of this Agreement which may result in an addition to
or deduction from the Contract Amount. No change in the
Scope of work shall be effective unless signed by City's
authorized representative.
B. Extra or additional Work shall be performed for the
unit prices as listed in the Itemized Proposal or for a lump
sum as to which Contractor and the City shall mutually agree
prior to the commencement of such extra or additional work;
City, at its option, may direct Contractor to perform such
extra or additional work pursuant to Exhibit B, Schedule of
Rates for Extra Work performed on a Time and Materials Basis.
C. A change in the Contract Amount or the Contract Time
shall be accomplished only by Change Order. Accordingly, no
course of conduct or dealings between the parties, nor express
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or implied acceptance of alterations or additions to the Work,
and no claim that the City has been unjustly enriched by any
alteration or addition to the Worlc, whether or not there is, in
fact, any enrichment from the work, shall be the basis of any
claim to an increase in any amounts due under the Contract
Documents or a change in any time period p~~ovided for in the
Contract Documents.
D. Agreement on any Change Order shall constitute a
final settlement of all matters relating to the change in the
Work which 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 construction schedule.
E. The City shall not be liable for any overtime labor
charges unless the City accelerates the Schedule and
specifically directs Contractor in writing, such as through a
Change Order, to perform overtime Work. In such case,
Contractor shall provide City, each day, with reports of
overtime hours worked the previous day. Contractor shall not
receive an increase in the Contract Amount for overtime worked
in maintain or comply with the Schedule, or if such overtime is
directed by the City as an Extraordinary Measure pursuant to
Article III.C.
ARTICLE VII
INSURANCE
Contractor shall maintain, at Contractor's expense, the
following insurance coverage during the period of the contract,
and shall provide the City with current Certificates of
Insurance naming the City and its employees as additional
insureds on all required coverage prior to commencement of work
under this Agreement:
1) COMMERCIAL GENERAL LIABILITY - Contractor shall
provide for Contractor, the City and its employees
against claims arising from damages to property and
illness, injuries to, or death of any person or
persons for occurrences related to or arising out of
the Work. Such coverages shall have not less than
the following limits:
Each occurrence ......................$1,000,000.00
GeneralAggregate .....................$2,000,000.00
Products/Completed Operations
Aggregate ............................................................................. $2, 000, 000.00
Each Policy shall include the following coverages:
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- Contractual liability
- Products/completed operations
- Personal/Advertising injury
- Independent Contractors
2) AUTOMOBILE LIABILITY - Such insurance shall protect
the Contractor and the City against claims for
bodily injury and/or property damages 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.
Limits:
Each accident combined single limits,bodily injury
and property damage........ $1,000,000.00
3) WORKERS' COMPENSATION - This insurance shall protect
Compensation laws. The Contractor and the City shall
also be protected through Employers 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 policy limits shall not be less than the
following:
Workers' Compensation .................Statutory
Employer's Liability:
Bodily injury by accident........... $1,000,000.00
Bodily injury by disease.......... $500,000.00
each employee. All insurance shall e maintained with an insurer
acceptable to City and which shall have a minimum financial
rating not lower than "XI" in the Best's Insurance Guide,
latest edition.
All policies and Certificates of Insurance shall expressly
provide no less than 30 days prior written notice to City in
the event of cancellation, expiration, non-renewal or material
alteration of coverage contained in the policy or evidenced by
such Certificate of Insurance. All policies except Worker's
Compensation shall contain a waiver of subrogation in favor of
the City and its employees.
The Contractor's right to receive payment under this
Agreement is wholly contingent upon Contractor's compliance
with this Article.
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AP.TICLE VIII
INDEMNITY
Contractor shall defend, indemnify, and hold harmless the
City, its officials, agents and employees from any and all
loss, damages, costs, e~:penses, claims and causes of action
("collectively, "Loss") which may be imposed upon or asserted
against City, its officials, agents or employees where such
Loss is caused or incurred, or alleged to be caused or
incurred, in whole or in part as a result of the negligence or
other actionable fault of Contractor, its agents, employees,
subcontractors or affiliates. This indemnity shall apply
notwithstanding the joint, concurrent, contributory or
comparative fault or negligence of the City or any third party.
Nothing in this Article shall be deemed to impose liability on
Contractor to indemnify City when the City's negligence or
other actionable fault is the sole cause of Loss.
In the event full indemnity pursuant to this Article is
unenforceable under any law, Contractor and City shall bear any
Loss in proportion to their respective fault.
Contractor further agrees to defend, indemnify and hold
harmless the City, its officials, agents and employees against
all liens, suits on liens and other claims, demands or suits
which may be asserted by any subcontractor, supplier, agent, or
employee of Contractor relating to the Project.
ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify and hold harmless
the City, its officials, 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.
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ARTICLE X
COVEN_~NT AGAINST UNDUE INFLUENCE
The Contractor warrants that it has not employed or
retained any company or person, other than a bona fide employee
wor}:ing for the Contractor, to solicit or secure this contract,
and that it has not paid or agreed to pay any company or
person, other than bona fide employee, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award of making of this
contract. For breach of violation of this warranty, the City
shall have the right to void this contract 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.
Contractor hereby 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 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 er>pense, such of Contractor's books and
records as may be necessary, in the accountant's reasonable
opinion, to verify Contractor's compliance with this paragraph.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two years after the completion of
this Agreement, 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, such 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, canceled
checks, orders and invoices pertaining to City's account. The
City or its representative shall, upon reasonable prior notice
to Contractor, be given the opportunity to audit such records
at any time during normal business hours to verify the accuracy
of Contractor's invoices and charges.
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ARTICLE XII
NOTICES
The following
parties to act on
written notices and
For City:
persons are designated
behalf of such party
Payment Applications:
Mr . David Blac}:burn
City Administrator
2950 NW Vivion Road
Riverside, MO 64150
For Contractor:
~~utY~ ~1~~_~~S' (contact)
Banderas Construction, Inc.
72 North James St.
Kansas City, Kansas 66118
by the respective
and to receive all
Contractor's designee 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
TERMINATION OF AGREEMENT
City may at any time and for any reason terminate this
Agreement (including termination for City's convenience_ upon
5-days' written notice to Contractor. Upon receipt of such
termination notice, Contractor shall cease performance of all
Work, and shall safeguard and protect from weather, theft, and
vandals in any Work then in progress. If City terminates this
Agreement without breach or default by Contractor, City shall
compensate Contractor, in accordance with the Contract
Documents, for all Work performed, including pro rata profit
actually earned, and for costs an obligations reasonably
incurred, up to the date of Contractor's receipt of notice to
terminate. In no even shall Contractor have any right or claim
for future lost profits. If City terminates due to the breach
or default of Contractor, City may withhold all payments and
shall have all rights and remedies available at law.
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AP.TICLE XIV
COMPLIANCE WITH LAWS
Contractor shall comply with all Federal, State, and local
laws, ordinance and regulations applicable to the Work,
including, but not limited to, the Prevailing Wages on Public
Wor}:s Act, RSMO, 290-210 through 290.340 (1996), and the
Missouri Prompt Payment Act, RSMO 34.057 and 34.058 (1992), as
applicable. Contractor shall secure all permits from public
and private sources necessary for the fulfillment of
Contractor's obligations under this Agreement.
With each Application for Payment submitted by Contractor
to the City, the Contractor shall include (a) a signed
statement, in a 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 Project 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 employ any workers in connection with the Project during
the period covered by the Application for Payment.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Missouri.
ARTICLE XVI
ACCESS TO SITE
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. The Work shall be performed, to the fullest
extent reasonably possible, in such a manner that public areas
adjacent to the site of the Work shall be free from all debris,
building materials and equipment creating potentially hazardous
conditions.
Representatives of the City may inspect or review any
Work performed by the 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 City at the
request of the City.
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ARTICLE XVII
COMPETENCE
Contractor confirms that it maintains all necessary
licenses, registration, competence and experience to perform
all of the Work.
ARTICLE XVIII
WARRANTY
The Contractor shall exercise high professional skill,
care and diligence in the performance of its Work, and shall
carry out its responsibilities in accordance with customarily
accepted good professional practices. If any defects in the
Work are discovered within one year from Final Completion of
the Work, Contractor shall promptly remedy such defects and
provide, at its expense, all labor, material, equipment and
service necessary to correct any errors or omissions of
Contractor or any of its subcontractors. This obligation shall
be in addition to Contractor's obligations to perform its Work
properly. Neither final payment, the Administrator's final
certificate, nor another provision in the Contract Documents
shall remove the Contractor's obligation to complete the Wo~~k
free of defects in workmanship and material.
Contractor agrees that it shall remain solely responsible
for the performance the Work required by the Contract
Documents, notwithstanding any suggestions or observations made
by any other person or entity with respect to the Work.
This Article does not establish a period of limitations
with respect to any obligation of the Contractor under the
Contract Documents, and does not limit the time allowed by law
for any action for breach of such obligations.
ARTICLE XIX
STORAGE OF MATERIALS AND EQUIPMENT
Only materials and equipment which are to be used directly
in the Work shall be brought to and stored on the Project site
by the 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, damage and all other
adversity is solely the responsibility of the Contractor.
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ARTICLE XX
~AFF.TY
Contractor shall be solely responsible for the safety of
its wor}:ers and others on the job site relating to its work,
notwithstanding the presence of the City, its employees or
agents. The City shall not be liable for the physical condition
or safety of the Project site or any improvements thereon.
The City may immediately suspend the Work if unsafe
conditions or acts are observed, and the Contractor shall not
receive an extension of the Schedule resulting from any safety
suspension.
ARTICLE XXI
INDEPENDENT CONTRACTOR
Contractor acknowledges it is an independent contractor,
and neither Contractor nor any of its subcontractors or
employees shall be deemed an employee or agent of the City for
any purpose.
ARTICLE XXII
CONFLICT
Contractor shall promptly upon discovery advise 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 solve such conflict, ambiguity
or inconsistency in its sole discretion.
ARTICLE XXIII
BONDS
Prior to commencing any Work, Contractor shall obtain from
a recognized surety acceptable to the Administrator, a payment
and performance bond in the form of Exhibit D or in another
form approved by the Administrator. Such bond shall be for the
full Contract Amount, and shall guarantee and secure
Contractor's proper performance of the Work and the payment of
all subcontractors and suppliers for labor, equipment, and/or
materials supplied to or for the benefit of Contractor or the
Work. The premium for such bond shall be included in the
Contract Amount.
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ARTICLE XXIV
SEVEI~ABILITY
Should any specific provisions of this Agreement be found
to be unenforceable, the remaining provisions shall remain in
full force and effect.
ARTICLE XXV
NO PRESUMPTION AGAINST THE DF.AFTER
No assumption or inference against the City shall be made
because of the City's preparation of this Agreement.
ARTICLE XXVI
NO WAIVER BY CITY
The failure of City in any one or more instances to insist
upon strict performance of any of the terms of this Agreement
or to exercise any option herein conferred, shall not be
construed as a waiver or relinquishment to any extent of the
right to assert or rely upon any such terms or option on any
future occasion.
ARTICLE XXVII
ATTORNEYS FEES/DISPUTES
In the event of litigation between Contractor and the City
concerning the Project or this Agreement, the prevailing party
shall be entitled to recover its reasonable attorney fees,
costs, and expenses from the other party arising from such
litigation.
If any dispute arises between Contractor and the City, and
Contractor refuses to pay its subcontractors or suppliers for
labor and/or material properly provided, the City may, but
shall not be required to, pay directly such subcontractors and
suppliers. Any payments made to such subcontractors and
suppliers shall be charged against the Contract Amount. This
provision shall not confer any right upon any subcontractor
supplier to seek payment directly from the City.
16
ARTICLE XXVIII
ENTIP.E AGREEMENT
This Agreement constitutes the entire agreement between
the parties with respect to its subject matter and any prior
agreements, understandings, or other matters, whether oral or
written, are of no further force or effect. Subject to Article
VI, this Agreement or any Exhibit hereto may be amended,
changed, or supplemented only by written agreement executed by
both of the parties hereto.
THIS AGREEMENT shall be binding on the parties thereto
only after it has been duly executed and approved by the City
and the Contractor.
IN WITNESS WHEREOF, t~h~e arties hav used this Agreement
to be executed on this ---,L` day of
2003.
CIT OF RIVE SIDE
By: ~~. ,~G-f.cr~~
Mayor
A T
C' y Clerk
~1v ~.
By : ' •~ , ~~~~ ~ ~ ~
Printed Name: a7<'~~~'.( ~i~: "tiiiS SI'
Title: r~r~~~ ~-~..~- j ~ec~t =.k.~,
17
E}:HIBIT A
SCOPE OF WORK
Contractor shall perform the following Work:
Construction of enclosed storm sewer at N.W. Gateway Road,
which includes pavement removal, removal of eyisting
structures, reinforced concrete storm sewer construction,
pavement patching, traffic control, and all other necessary
work for and included in the Contract Documents per plans and
drawings titled "Storm Sewer Improvements" sheets 1 through 15
dated November 19, 2002.
18
E~'HIBIT B
SCHEDULE OF RP_TES FOR Extra WORK
PERFORMED ON A TIME AND NLATERIALS BASIS
For all extra Worl~ City directs in writing that contractor
perform on a time and materials basis, Contractor shall be
reimbursed in accordance with the following rates:
For rates shall include all profit and overhead, as well
as all insurance, taxes, and other fringe benefits of every
kind, payable to Contractor. Contractor's overhead includes
all salary and other costs of Contractor's officers, program or
project directors, and all administrative, clerical,
secretarial and home office staff, as well as all other home
and field office costs and expenses.
In addition to Hourly Rates,
reimbursed for its actual expenses paid
L~ o overhead and profit, if reasonably
with the Work and approved in advance
shall provide original receipts for all
for which Contractor seeks reimbursement
Contractor shall be
to third parties, plus
incurred in connection
by City. Contractor
out-of-pocket expenses
Contractor shall obtain City approval before
subcontracting any extra Work. Contractor shall be reimbursed
for approved subcontracts for extra work at the subcontract
amount plus ~% as its profit and overhead; the subcontractor
shall receive its actual costs, plus %~ o as its profit and
overhead.
Contractor shall be reimbursed for its hourly usage costs
of Contractor-owned equipment, including equipment leased or
rented from an equipment supplier wholly or partially owned by
Contractor, at the rates shown in the latest edition of
"Nationally Averaged Rental Rate and Model Reference Data for
Construction Equipment" prepared by the Associated Equipment
Dealers; if such rates exceed the lowest available rental rate
for the particular equipment of the same age and type in the
Kansas City metropolitan area, such lowest available area
rental rate shall be used.
19
Job Classification Hourly Rate
EXHIBIT C
TITLL SIIEET .................................................... .......................................1
QUANTITIES ..................................................... ......................................?
PLAN d; PROFILES ............................................. ....................................3-5
REFERENCE POINTS .......................................... .......................................6
DETAIL SHEETS ................................................ ...................................7-lU
TR.4FF1C CONTROL PLANS ................................. .................................11-13
EROSION CONTROL. PL.ANS ................................. .............................. 14-1>
20
EY.HIBIT E
ITEMIZED PROPOSAL
IMPROVEMENT PROJECT
CONTRACT N0.2-2003
TO: CITY OF RIVERSIDE, MO
1. The undersigned bidder hereby proposes to furnish all
materials, supplies, transportation, tools, equipment and
plant, perform all necessary labor and construct, install and
complete all work stipulated in, required by, and in conformity
with the proposed Contract Documents (including all documents
referred to therein) and any and all addenda thereto, for and
in consideration of the lump sum price of One Hundred Seventy
One Thousand Eight Hundred Thirty Six Dollars and Thirty Cents.
($171,836.30).
The purpose of receiving unit costs for the following
approximate quantities is to allocate costs to various funding
sources. These approximate quantities were prepared soley for
the Bidder's convenience. It is not guaranteed that this list
of quantities constitutes all items for the completion of the
work. The contract amount for the Street Improvement shall be
the either the above stated lump sum.
The undersigned further agrees to begin upon the date
stated in the Notice to Proceed, if this bid is accepted, and
to complete all work as provided in Article III of Agreement
between City of Riverside, MO and Contractor.
The undersigned also declares that it understands that if
not preset by the City, the time to begin construction and to
complete the work will be one factor considered in determining
the lowest and best responsible bidder.
2. In submitting this bid, the undersigned declares that it is
of lawful age and executed the accompanying bid on behalf of
the bidder therein named, and that it had lawful authority so
to do. The undersigned further declares that it has not
directly or indirectly entered into any agreement, expressed or
implied with any bidder or bidders, having for its object the
controlling of the price or amount of such bid or any bids, the
limiting of the bid or bidders, the parceling or farming out to
any bidder or bidders, or other persons, of any part of the
Contract or any part of the subject matter of the bid or bids
or of the profits thereof, and that it has not and will not
divulge the sealed bid to any person whomsoever, except those
23
having a partnership or other financial interest with bidder in
said bid or bids, until after sealed bid or bids are opened.
3. The undersigned further declares that it has carefully
examined the Notice to Bidders, and other Contract Documents,
and that it has inspected the actual location of the work,
together with the local sources of supply, and has satisfied
itself as to all conditions and quantities, and understands
that in signing this Bid it waives all right to plead any
misunderstanding regarding the same.
4. The undersigned hereby agrees to furnish the required bonds
and insurance certificates and execute an Agreement within ten
(10) calendar days from and after notice of the award of the
Contract, and failure of the bidder to do so shall constitute a
default, and the City may thereafter take such steps to protect
its legal rights as it deems in its best interest, including,
but not limited to, enforcement of its rights as to bid
security.
5. It is understood that the City will pay in a prompt and
timely manner pay estimates when submitted and approved by the
Engineer and further approved by the City Engineer all as
provided in the Contract Documents.
6. Undersigned acknowledge receipt of the Plans and
Specifications for the project including the following addenda:
1 Date: 12-9-02
2 Date: 12-16-02
3 Date 12-18-02
Enclosed is a certified check, cashier's check or bid bond in the amount
of (50 of the bid)Eight Thousand Five Hundred Ninety One DOLLARS AND
EIGHTY TWO CENTS (58,591.82) which the undersigned agrees is subject to
being forfeited to and becoming the property of the City as liquidated
damages and not as a penalty, together with other legal remedies the City
may choose to invoke, should this Bid be accepted and the Contract be
awarded to this bidder and it should fail to enter into an Agreement in
the form prescribed and to furnish the required insurance, bonds and
other required documents within ten (10) calendar days as above
stipulated, otherwise the bid security shall be returned to the
undersigned upon signing of the Agreement and delivery of the approved
bonds and other required documents to the City of Riverside, Missouri.
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DATED in
~~i~~ l~ r~ I' ~
KC~,.,~~ ~~ ~ ~
2003.
~ _ +t~
this <<J day of
C ntr~ct r
I C ~~ -
Title
II~~ ~'7 _ ( I
~ •~V .
Pa
6
Cl
~
F~
t
~
~ ~,
_ i'r~e-S'?c-_U1~~
.
.
1
L3
[Z
-
-
(SEAL) lJ
72 ~~. ~Ldt,lfl~s ~~
~- ~%s~ ; G~; ~<<<t, ~ ~; t i ~~
Address
~1i~~ - ~~i -~7"~~
Telephone Number
/5~~~~i ~~1J
25
=±li _~tes s~r:al_ -ncl~~ade all profit and ov~rr~eaa, as well as a]_-
-nSi., _`a:7Ce, La}:e ~;, all .^_. other Li"~:lg= 1.=\°ncf _.LS .,_ -Jc~y 1_-:. ;1r ~:~a }'ct ~'~~ v
Con~ractcr. Cont_`actor's overhead inclucies all salary-° and .,her ~cs~s c
.. CT=t 1`a ~-~;J r'" O ._~E°", ^r Ogram 01" J-~CL d.. _`e CtOrS, d"ld r.__
a am~,__.,t rat~~'e, cle'~]~w , seCr:°:. .,t1 _d_ and _":Ome "=r-~~~ 8~c.~~ a.9 w^cy ~ u.~
r
all other home and fie°~d .,ffice costs and er,penses.
In ada_~~on to dourly rates, Contractor shall be reimbursed. for-~~
aCLLial er,penSeS _)~.a id L^ t.r 1_"d N~:rL~i eSr F%l aS 15~; LO'_` o~%c r~"?Sam =,nd pJr v.~-tr
~_ reasonably incurred in connection with the Wory and approved in
advance by City. Cor:t-acto~~ shall provide "riginal rece_nts for al'_ ou:-
Of-OOC~Cet er,penSeS SO_" WhiC1"1 COntraC~Or See~CS r2i mbllr SeRlen~.
Contractor shall ob~ain City approval before subcontracting any er;tra
Work. Contractor shall be reimbursed for approved subcont"acts for eras
work at ~he subcontract amount plus 15~ as it's prof-~ and overhead.
Contractor shall be reimbursed for ins hourly usage costs of Contractor-
owned equipment, including equipment ,eased or rented from an equipment
supplier wholly or partially owned by Contractor, at the -aces shown in
the latest edition of "Nationally Averaged Rental Ra'~e and Model
Reference Data for Construction Equipment" prepared by Associated
Equipment Dealers; if such rates exceed the lowest available rental ra~e
for the particular equipment of the same age and type-n L_se Kansas C-~ty
metrcpo'_itan area, such lowest available a~`ea rental rate shall be used.
\\Op-prq\projec~s`d 03131\ProJect Managemen,\Riverside Docs 1-16-02\ConlracLwpd
26