HomeMy WebLinkAbout2003-107 - Construction Contract with Midland Wrecking, IncBILL NO. 2003-107
ORDINANCE NO. 2003-107
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSTRUCTION CONTRACT WITH MIDLAND WRECKING, INC. FOR THE
WEST PLATTE ROAD BUILDING DEMOLITION AND REMOVALS PROJECT IN
THE CITY OF RIVERSIDE, MISSOURI
WHEREAS, the City of Riverside, Missouri ("City") desires to engage the services of a
contractor to perform construction services in comiection with the demolition of certain buildings
on West Platte Road, and
WHEREAS, the City advertised and received multiple bids for the West Platte Road
Buildings demolition, and
WHEREAS, at its November 4, 2003, meeting the City's Board of Aldermen did approve
the bid of $93,924.00 for the construction services; and
WHEREAS, Midland Wrecking, 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 I. The City of Riverside shall employ Midland Wrecking, Inc. to perform the
construction services, and shall pay to Midland Wrecking, Inc. an amount not to exceed
$93,924.00 for such construction services which are described in the bid form attached hereto as
Exhibit A (the Bid Form").
Section 2. Subject to final approval of the form by the City Attorney, the contract, in
substantially the form attached hereto as Exhibit A, and payment by the City for the construction
services described therein, is approved, and the Mayor is authorized to take such actions
reasonably necessary to carry 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 4th day of November, 2003.
A,TTEyST: r ,
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CONTRAC'QNO. 2003-11-07-02
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
(N.W. PLATTE ROAD, BUILDING DEMOLITION AND REMOVALS)
THIS AGREEMENT, made and entered into as of the 7`h day of November, 2003, by and
between the City of Riverside, Missouri ("City"), and Midland Wrecking, Inc. ("Contractor"),
shall govern all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No. 2003-107, duly approved
November 4, 2003 and by virtue of the authority vested in City by the general ordinances of
City, intends to enter into one or more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on
behalf of City, and the City Administrator ("Administrator") is authorized to perform
Administrator's functions set forth in this Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other
persons to assist Administrator in performing Administrator's functions under this Agreement;
and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor,
services, materials, supplies, tools, equipment, supervision, management, and other items as set
forth in this Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to
provide all the Work, in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and considerations herein
contained, IT IS HEREBY AGREED by City and Contractor as follows:
ARTICLE I
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B. "Project," as used in this Agreement and the other Contract Documents,
means the building, facility, and/or other improvements for which Contractor is to provide Work
under this Agreement. It may also include construction by City or others.
C. "Work," as used in this Agreement and the other Contract Documents,
means all labor, services, materials, supplies, tools, equipment, supervision, management, and
other items necessary to accomplish the results and objectives described in Exhibit A (Scope of
Work} and Exhibit C (Specifications and Drawings) to this Agreement and the other Contract
Documents, subject to additions, deletions, and other changes as provided for in Article VI of
this Agreement. The Work may refer to the whole Project, or only a part of the Project if work
on the Project also is being performed by City or others.
D. Contractor represents that it has evaluated and satisfied itself as to all
conditions and limitations under which the Work is to be performed, including, without
limitation, (1) the location, condition, layout, and nature of the Project site and surrounding
azeas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability
and cost of materials, tools, and equipment. City shall not be required to make any adjustment in
either the Contract Amount or the time for performance of the Work because of Contractor's
failure to do so.
ARTICLE II
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract
Documents and complies fully with each and every obligation of Contractor under the Contract
Documents, City shall pay Contractor the sum of Ninety-Three Thousand Nine Hundred
Twenty-Four Dollars ($93,924.00). This amount shall include all taxes, costs, permit fees, profit,
overhead, expenses and compensation of every kind related to the Work, and shall be referred to
as the "Contract Amount."
B. This Agreement is subject to the City Ordinances, and payment shall be
limited to the amount of particulaz appropriation for the Work by the Board of Aldermen. The
total payment under this Agreement shall not exceed the appropriation contained in Ordinance
No. 2003-107 authorizing the Work, and Contractor shall not seek, nor be entitled to, payment
exceeding this amount unless City directs Contractor to perform additional work in accordance
with Article VI of this Agreement, and City enacts another ordinance authorizing the amount
City agrees to pay under Article VI.
ARTICLE III
PROGRESS OF WORK /SUBMITTALS
A. Contractor shall commence performance of the Work on the date indicated
in a written notice ("Notice to Proceed") that shall be given by City to Contractor.
B. Contractor shall achieve Substantial Completion (as defined in the Article
V, Pazagraph F of this Agreement) of all the Work not later than forty-five (45) calendar days
after the date indicated in the Notice to Proceed for commencement of performance of the Work.
If Contractor fails to achieve Substantial Completion by this date, City shall retain One
Thousand Dollazs ($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 to complete all uncompleted Work items as promptly as
permitted by weather conditions or any other conditions affecting completion of the Work.
C. Time is of the essence in the performance of the Work and any other
Contractor obligations under the Contract Documents. Contractor shall upon commencement of
construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days
of inclement weather.
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D. Promptly after the execution of this Agreement, and in any event before
commencing performance of the Work, Contractor shall submit to City a construction schedule
that specifies the dates on which Contractor plans to begin and complete various parts of the
Work, including dates on which information and approvals aze required from City. Upon City's
written approval of the schedule, Contractor shall comply with it unless directed by City to do
otherwise. Contractor shall update the schedule on a monthly basis or at more frequent
appropriate intervals if required by the conditions of the Work and the Project. With each
Application for Payment Under Article V of this Agreement, Contractor shall submit an updated,
current schedule. Neither the original schedule nor any update shall exceed time limits cun•ent
under the Contract Documents.
E. In the event Administrator determines that performance of the Work is not
progressing as required by the Contract Documents or that the Work is being unnecessarily
delayed or will not be finished within the prescribed time, Administrator may, in Administrator's
sole discretion and in addition to any other right or remedy City may have, require Contractor, at
Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until
the progress of the Work complies with the Contract Documents and clearly indicates that all
Work will be completed within the prescribed time.
F. Contractor shall submit to City for review and approval all shop drawings,
samples, product data, and similaz submittals required by the Contract Documents. Contractor
shall be responsible to City for the accuracy and conformity of its submittals to the Contract
Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent
with the construction schedule and in such time and sequence so as not to delay performance of
the Work. Review and approval of any Contractor submittal shall not be deemed to authorize
deviations, substitutions, or changes in the requirements of the Contract Documents unless
express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. If the Contract Documents do not contain submittal requirements
pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for
review and approval by City any shop drawings, samples, product data, manufacturers' literature,
or similar submittals as may reasonably be required by City. Contractor shall perform all Work
strictly in accordance with approved submittals. City's approval does not relieve Contractor from
responsibility for defective work resulting from errors or omissions of any kind on the approved
submittals.
ARTICLE IV
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 City and Contractor, and are the Contract Documents:
1. This AGREEMENT BETWEEN CTI'Y OF RIVERSIDE AND
CONTRACTOR.
2. SCOPE OF WORK (Exhibit A to this Agreement).
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3. SCHEDULE OF RATES FOR EXTRA WORK PERFORMED ON A
TIME AND MATERIALS BASIS (Exhibit B to this Agreement).
4. The SPECIFICATIONS and DRAWINGS referred to in Exhibit C to this
Agreement.
5. PERFORMANCE BOND (Exhibit D to this Agreement).
6. PAYMENT BOND (Exhibit E to this Agreement).
7. ITEMIZED PROPOSAL (Exhibit F to this Agreement).
8. PREVAILING WAGE RATES (Exhibit G to this Agreement).
9. REQUEST FOR INFORMATION FORM (Exhibit H to this Agreement).
B. Contractor represents that it has examined and become familiar with the
Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts
observed by Contractor have been called to City's attention in writing and have been resolved in
writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract
Documents, making it impossible for Contractor to comply with all provisions of the Contract
Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all
provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of
the conflict in writing and then shall comply with such provisions of the Contract Documents as
City duects.
ARTICLE V
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall
provide City with a schedule of values dividing the Work, and the Contract Amount, into
workable categories in a form acceptable to City. Each application for payment shall be based
upon the percentage of actual completion of each category, multiplied by the dollar value of such
category.
B. On or about the first day of Contractor's monthly accounting period,
Contractor shall submit an Application for Payment to the City representative designated in
Article XII. In addition to the amount of payment requested in the application for payment, each
application shall list the original Contract Amount, the amount Contractor has invoiced City to
date, the amount Contractor has received to date, total additions to and deletions from the
Contract Amount pursuant to approved Change Orders, and an itemization of any further
additions to or deletions from the Contract Amount that Contractor claims. Contractor shall
identify each subcontractor and supplier whom Contractor intends to pay from the requested
payment and shall state the amount Contractor intends to pay each such subcontractor and
supplier. An application shall not include a request for payment for any portion of the Work that
was performed or famished by a subcontractor or supplier if Contractor does not intend to pay
such subcontractor or supplier from such payment. Contractor shall include with each application
all supporting documentation as City may require. City shall pay Contractor within 30 days of
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delivery of Contractor's application and all supporting documentation to City's designated
representative, provided all Work and documentation are acceptable to City. Within fifteen (15)
days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to
whom payment is owed from the amount paid to Contractor.
C. All payments under this Agreement shall be made only upon the approval
of Administrator. Administrator shall review each application for payment and certify for
payment such amounts as Administrator determines are due Contractor. From the total amount
certified, Administrator shall withhold five percent (5%) as retainage until Substantial
Completion of the Work, as defined in Pazagraph F below. The City Treasurer, upon presentation
of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage),
payable out of the funds in the City Treasury available for Contractor under Ordinance No. 2003-
107. Payment shall be made to Contractor after the Boazd of Aldermen review and approve the
payment and authorize the Mayor and City Treasurer to sign and deliver the check.
D. Neither Administrator's 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.
E. With each Application, Contractor shall submit a signed certificate of
receipt of prior payments and release of claims and rights in connection with prior payments, in a
form approved by City. City may, at its option, also require a similar receipt and release of
claims and rights from each subcontractor or supplier performing any Work, prior to making any
payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a
form approved by City and shall indicate that (except for retainage) all debts for work performed
or materials supplied included on any previous payment application to City from Contractor have
been satisfied and that the subcontractor or supplier waives and releases any and all claims or
rights in connection therewith.
F. Contractor's retainage shall not be released until Contractor notifies City's
designated representative in writing, and Administrator certifies, that the Work is Substantially
Complete. The work shall not be deemed Substantially Complete until all specific requirements
stated in the Contract Documents for achievement of substantial completion have been satisfied
and the Administrator determines that the Work is sufficiently complete in accordance with the
Contract Documents so that City can occupy or utilize the Work for its intended use. Retainage
shall be paid to Contractor within 30 days of Administrator's certification that the Work is
Substantially Complete. If there aze minor items remaining to be completed upon Substantial
Completion, an amount equal to two hundred percent (200%) of the value of each item, as
determined by Administrator, shall be withheld until such items are completed.
G. Contractor shall not be entitled to final payment for the Work until
Contractor submits an application for final payment, all requirements of the Contract Documents
are complied with, and Administrator issues his or her certificate to that effect. City, within 30
days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds
which Contractor is due under this Agreement.
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H. Acceptance of fmal payment by Contractor shall release City from all
further obligations to Contractor, except as to such amounts, if any, Contractor has identified in
its application for fmal payment as claimed by Contractor. All claims not identified in the
application for final payment are waived.
I. City may withhold final or any other payment to Contractor on any
reasonable basis, including but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid
balance of the Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of City
or others,
6. Contractor's breach of this Agreement, or
7. Contractor's failure to provide requested documentation.
J. If Contractor does not pay subcontractors or suppliers for labor and/or
material properly provided, City may, but shall not be required to, pay subcontractors and
suppliers directly. Any payments made to subcontractors and suppliers shall be charged against
the Contract Amount. This provision shall not confer any right upon any subcontractor or
supplier to seek payment directly from City.
ARTICLE VI
CHANGES/CLAIMS
A. City, without invalidating this Agreement, may at any time and without
notice to any surety, order additions to, deletions from, or other changes to the Work. Upon
receipt of such an order, in writing, Contractor shall proceed as and when directed in the order.
Contractor shall not proceed with any addition, deletion, or other change without a written order.
No oral direction or order shall constitute authority for Contractor to proceed with any addition,
deletion, or other change. If Contractor undertakes any addition, deletion, or other change
without a written order from City, Contractor shall not be entitled to any increase in the Contract
Amount or the time for performance of the Work, and Contractor shall be solely and completely
responsible for the acceptability to City of the addition, deletion, or other change.
B. If a change to the Work causes a net increase or decrease in the cost of
Contractor's performance, the Contract Amount shall be increased or decreased by a lump sum
as to which Contractor and City mutually agree prior to the commencement of performance of
the change, or, at City's option, the change shall be performed (1) for unit prices, if any, listed in
the Itemized Proposal (Exhibit F to this Agreement), (2) on a Time and Materials Basis in
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accordance with the Schedule of Rates for Extra Work Performed on a Time and Materials Basis
(Exhibit B to this Agreement), or (3) on the basis of reasonable expenditures and savings of
those performing the Work attributable to the change, including, in case of a net increase in the
cost of Contractor's performance, a reasonable allowance on the net increase for overhead and
profit, subject to the following:
Contractor shall keep and present, in such form as City may prescribe, an
itemized accounting of expenditures and savings together with appropriate
supporting data. Unless otherwise provided in the Contract Documents, costs shall
be limited to the following: costs of labor, including social security, old age and
unemployment insurance, fringe benefits required by agreement or custom, and
workers' compensation insurance; costs of materials, supplies, and equipment,
including cost of transportation; rental costs of machinery and equipment,
exclusive of hand tools, whether rented from Contractor or others; costs of
premiums for all bonds and insurance, permit fees, and sales, use or similaz taxes
related to the Work; and additional costs of supervision and field office personnel
directly attributable to the change.
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.
C. 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.
D. Agreement on any Change Order shall constitute a fmal 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.
E. If Contractor is delayed or interfered with at any time in the
commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or
agent of City, or an architect or engineer or sepazate contractor engaged by or on behalf of City,
or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has
no control and that Contractor could not reasonably anticipate, the time for performance of the
Work shall be equitably extended, provided that Contractor gives notice as provided for in
Pazagraph F below.
F. 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
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or prosecution of any of the Work, shall be submitted to City's designated representative within
five 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.
G. 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 VII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work,
maintain not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide
coverage for Contractor, City, its employees, officers, and agents, and any
architects, engineers, or other design professionals engaged by or on
behalf of City, against claims for damage to property and/or illness of,
injury to, or death of any person or persons related to or arising out of the
Work. Such coverage shall have not less than the following limits:
a. Each occurrence ..............................................$1,000,000.00
b. General aggregate ...........................................$2,000,000.00
c. Products/completed operations aggregate.......$2,000,000.00
d. The following coverage shall be included:
- Blanket contractual liability
- Products/completed operations
- Personalladvertising injury
- Broad form property damage
- Independent contractors
- Explosion, Collapse, and Underground Damage
AUTOMOBILE LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any azchitects,
engineers, or other design professionals engaged by or on behalf of City,
against claims for bodily injury and/or property damage arising out of the
ownership or use of any owned, hired, and/or non-owned vehicle and shall
include protection for any auto, or all owned autos, hired autos, and non-
owned autos. The coverage shall have not less than a combined single
limit of $1,000,000.00 for each accident.
3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY -
This insurance shall protect Contractor against all claims under applicable
state workers' compensation laws. Contractor also shall be protected
through employer's liability coverage against claims for injury, disease, or
death of employees which, for any reason, may not fall within the
provisions of a workers' compensation law. The limits shall not be less
than the following:
a, Workers' Compensation ........................................Statutory
b, Employer's Liability:
- Bodily injury by accident ...........................$1,000,000.00
- Bodily injury by disease.......$500,000.00 each employee
B, All insurance shall be written by an insurer or insurers acceptable to City
and with a minimum financial rating not lower than "B+XI" in Best's Insurance Guide, latest
edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply
in total to the Work only. Each policy providing general liability coverage shall provide
contractual liability coverage for all eneral liability) ortrautomobi enliabil ty coverage shall,a n
Documents. Each policy providing g
form satisfactory to City, (1) name as additional insureds City, its employees, officers, and
agents, and any azchitects, engineers, or other design professionals engaged by or onaddirio al
City, and (2) provide that it is primary to any other insurance maintained by any
insured, which other insurance shall be excess or contingent.
C. Contractor shall maintain the products and completed operations coverage
for not less than five yeazs after the date of final acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the
full cost of replacement at the time of ~oss• This insurance sha l lbe writte e as a Builderys
Contractor, subcontractors, and supp
Risk/Installation Floater, "all risk" or equivalent form to cover all risks of physical loss except
those specifically excluded by the policy and shall insure at least against the perils of fire,
lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion,
theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water
damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or
material. This insurance shall, without limitation, insure portions of the Work stored on or off the
Project site or in transit, when at the risk of City, Contractor, or a subcontractor or supplier.
Contractor shall be solely responsible for any deductible amounts. Tlris insurance shall remain in
effect until final payment has been made to Contractor or until no person or entity other than
City has an insurable interest in the property to be covered by this insurance, whichever is
sooner. City and Contractor waive all rights against each other and their respective employees,
agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the
property insurance provided for in this Paragraph D, except such rights as they may have to the
proceeds of the insurance.
E. 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,
alteration, or reduction (including but not limited to reduction by paid claims) of coverage or
limits contained in the policy or evidenced by the certificate of insurance. Contractor shall
famish City a certificate or certificates satisfactory to City evidencing that Contractor has all the
required insurance and is in compliance with this Article VII. The certificate or certificates shall
be delivered to City's designated representative not less than seven days before Contractor first
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performs any of the Work. All policies except Workers' Compensation and Employer's Liability
shall contain a waiver of subrogation in favor of City and its employees, officers, and agents.
g. Contractor also shall maintain any additional insurance coverages and any
higher limits provided for elsewhere in the Contract Documents and shall furnish City any
additional insurance documentation provided for elsewhere in the Contract Documents.
ARTICLE VIII
INDEMNITY
A. To the fullest extent pemutted by law, Contractor ahchllitectsnenginee~rs, f or
and hold harmless City, its employees, officers, and agents, and any
other design professionals engaged by or on behalf of City, from and against claims, damages,
losses, and expenses, including but not limited to attorney's feee, loss,nor ext erases issalttributab e
rovided that such claim, daznag , P
the performance of the Work, p
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
acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly
employed by them or anyone for whose acts they may ae liaartble~rdeg~ified hereunderr This
claim, damage, loss, or expense is caused in part by p Y
obligation is not intended to, and shall not, negate, ab°nderson des ribed n this Ptazagraph A ions
of indemnity that would otherwise exist as to a party p
B, In claims against any person or entity indemnified under the preceding
Pazagraph A by an employee of Contractor, a subcontractor or sutipia urdemnification obl gation
indirectly employed by them or for whose acts they maybe liable, a of damages,
under Pazagraph A shall not be limited by a limitation on the amount or typ
compensation, or benefits payable by or for Contractor or a subcontractor or supplier under
workers' compensation acts, disability benefit acts, or other employee benefit acts.
ARTICLE IX
PATENT LIABILITY
Contractor agrees to defendclaimena tion or suitdthat may beltbrought against them for
and agents from and against any
Contractor's infringement of any Letters Patent in the performance of this Agreement or any
breach or ventstrdec~ees, daznages,r os P and expensesesought, as udicatede°r re over d against
any judl~
any of there, on account of any such actual or alleged infringement.
ARTICLE X
COVENANT AGAINST UNDUE INFLUENCE
A. Contractor represents and warrants that it has not employed or retained
any company or person, other than a bona fide employee workinganfoc CmopnantrY o°rPe°sonr other
secure this Agreement, and that it has not paid or agreed to pay Y {{~ or any other
than a bona fide employee, any fee, commission, percentage, brokerag ofethr ~ greement. For
consideration contingent upon or resulting from the award or making
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breach or violation of this warranty, City shall have the right to void this Agreement without
liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be
made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer,
employee, or agent of City who may reasonably be expected to influence the decision to
requisition, issue or take any action with respect to this Agreement. Contractor shall allow a
mutually agreeable nationally recognized certified public accounting firm to examine, at City's
expense, such of Contractor's books and records as may be necessary, in the accountant's
reasonable opinion, to verify Contractor's compliance with this Article X.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two years after final payment to Contractor, Contractor shall
maintain, in accordance with generally accepted accounting principles, such records as are
necessary to substantiate that all applications for payment hereunder were valid and properly
chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was
billed at appropriate times for proper percentages of completion and for payments to
subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum
basis, the records to be maintained hereunder include but aze not limited to all contracts,
subcontracts, material bills, correspondence, accounting records, time sheets, payroll records,
canceled checks, orders, and invoices pertaining to City's account. City or its representative
shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records
at any time during normal business hours to verify the accuracy of Contractor's invoices and
charges.
ARTICLE 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 Cit
David Blackburn
City Administrator
City of Riverside, MO
2950 NW Vivion
Riverside, MO 64150
For Contractor:
M. Ed Kates
Midland Wrecking, Inc.
P.O. Box 14906
Lenexa, Ks 66215
B. Any notice required by the Contract Documents to be given in writing or
that either City or Contractor wishes to give to the other in writing shall be signed by or on
behalf of the party giving notice. The notice shall be deemed to have been given when it is
received at the address stated above for the addressee or at such other address as the addressee
may furnish the other party.
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C. Contractor's designated representative shall be available to meet with City
at any time during the performance of the Work and shall have full authority to act on
Contractor's behalf on any matter related to this Agreement and/or the Work.
ARTICLE XIII
DEFAULT
A. If Contractor fails to comply, becomes unable to comply, or with
reasonable probability (as determined solely by City) will become unable to comply with any of
Contractor's obligations under the Contract Documents, including but not limited to (1) failure at
any time to furnish sufficient labor or supervision, sufficient materials or services (including but
not limited to insurance and bonds) complying with the Contract Documents, or sufficient or
properly operating tools, equipment, or other items necessary for the performance of the Work,
(2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any
stoppage of, delay in, or interference with any work of City or any others on the Project, or (4)
abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if
the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of
written notice to correct from City, City may, in addition to any other right or remedy City may
have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other
items through City or others, to correct the default, at Contractor's expense, or terminate
Contractor's right to proceed with performance of any part or all of the Work and take over the
complete the performance of such Work, through City or others, at Contractor's expense.
B. If City exercises its right to take over and complete any part or all of the
Work, City and its designees shall have access to and may take possession of Contractor's
materials, tools, equipment, and other items at the Project site, en route to the site, or in storage
or being manufactured or fabricated away from the site, as may be necessary to prosecute the
Work taken over by City, and may employee Contractor's employees or former employees, all
without any liability to Contractor.
C. Contractor shall be liable for and shall pay to City all costs and expenses
of whatsoever nature incurred by City as a result of any default by Contractor, including but not
limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel,
and legal and accounting fees. Contractor also shall be liable for and shall pay to City all
charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against
City as a result of any delay or disruption resulting from any default by Contractor. The total
amount of such costs, expenses, chazges, liabilities, fines, penalties, losses, damages, and claims
maybe deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall
pay City the full amount of any excess of such total over the amount otherwise due Contractor.
D. No right or remedy conferred upon or reserved to City by the Contract
Documents is exclusive of any other right or remedy provided or permitted in the Contract
Documents or by law or equity, but each right or remedy is cumulative of every other right or
remedy, and every right or remedy may be enforced concurrently or from time to time. No
exercise by City of any right or remedy shall relieve Contractor from full and absolute
responsibility for all of Contractor's obligations under the Contract Documents.
12
E. No failure or delay of City to give notice to con•ect any default of
Contractor or to exercise any of City's rights or remedies shall in any way waive or excuse the
default, and City shall remain free to pursue all rights and remedies. No failure of City to insist,
in any one or more instances, upon the performance of any of Contractor's obligations under the
Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right
to insist upon strict performance of the obligation in any future instance.
ARTICLE XIV
TERMINATION FOR CITY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default,
terminate Contractor's performance of any part or all of the Work for City's own convenience by
giving written notice to Contractor. Upon receipt of notice of termination for City's convenience,
Contractor shall, to the extent directed by City, stop work and turn over to City or City's
designee materials and equipment purchased for the Work. City shall pay Contractor, in
accordance with the Contract Documents, for only so much of the Work as is actually performed
as of the termination for convenience. City shall not be obligated to Contractor for any further
payment, including but not limited to prospective overhead or profit on unperformed work. If a
termination by City of Contractor's right to proceed on the ground of default by Contractor is
determined later to have been improper, the termination automatically shall be converted to a
termination for City's convenience, and City's obligation to Contractor shall be limited to
payment to Contractor as provided in this Article XIV.
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. Contractor shall secure all
permits from public and private sources necessary for the fulfillment of Contractor's obligations
under the Contract Documents.
B. With each Application for Payment submitted by Contractor to City,
Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each
weekly payroll period that ended during the period covered by the Application for Payment, the
name, address, social security number, occupation, and craft of each worker employed by
Contractor in connection with the Work and, for each such worker, the number of hours worked
each day, the total hours worked during the payroll period, the gross amount earned, an
itemization of all deductions, and the net wages paid and (b) a corresponding statement from
each subcontractor of any tier that employed any workers in connection with the Work during
the period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with
the laws of the State of Missouri.
13
ARTICLE XVI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign
this Agreement or any money due or to become due Contractor or issue a subcontract or
purchase order to any person or entity for any or all of the Work. City's consent to any
assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under
the Contract Documents, nor shall it create any obligation from City to any assignee,
subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the
Work shall be in writing and shall provide that City is an intended third-party beneficiary of the
subcontractor purchase order.
C. Each subcontract or purchase order issued by Contractor for any of the
Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to
City all its interest in any present or future subcontract or purchase order issued by Contractor for
any or all of the Work. This assignment shall be effective upon acceptance by City in writing and
only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing.
This assignment may be accepted by City at any time, whether before or after final payment to
Contractor, and may not be withdrawn by Contractor without City's written consent.
ARTICLE XVII
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a
manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work
and all adjacent areas.
B. Representatives of City may inspect or review any Work performed by
Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not
constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall
meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the
Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in
an area, Contractor shall clean the area and remove all rubbish and its construction equipment,
tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and
confine dust and debris resulting from construction activities. If Contractor fails to comply with
cleanup duties within 24 hours after written notification from City ofnon-compliance, City may
implement cleanup measures without further notice and deduct the cost from any amounts due or
to become due Contractor.
ARTICLE XVIII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration,
competence, and experience to perform all the Work.
14
ARTICLE XIX
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the
performance of the Work, and shall cant' 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 at its own
expense. This obligation shall be in addition to Contractor's obligation to perform its Work
properly. Neither final payment, Administrator'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 agrees that it 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 XIX 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
bylaw for any action for breach of such obligation.
ARTICLE XX
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 XXI
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with performance of the Work and shall take
reasonable precautions for the safety of, and shall provide reasonable protection to prevent
damage, injury, or loss to (1) employees and other persons at the Project site or who may be
affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in
performance of the Work, and (3) other property at the Project site or in its vicinity, such as
trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall give notices and comply strictly with applicable laws,
ordinances, roles, regulations, orders, and the like bearing on safety of persons or property or
their protection from damage, injury, or loss.
C. If City deems any part of the Work or the Project site unsafe, City, without
assuming responsibility for Contractor's safety program, may require Contractor to stop
performance of the Work or take corrective measures satisfactory to City, or both. If Contractor
15
does not adopt corrective measures, City may perform them or have them performed and deduct
their cost from the Contract Amount. Contractor shall make no claim for damages, for an
increase in the Contract Amount, or for a change in the time for performance of the Work based
on Contractor's compliance with City's reasonable request.
ARTICLE XXII
INDEPENDENT CONTRACTOR
Contractor acknowledges it is an independent contractor, and neither Contractor nor any
subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for
any purpose.
ARTICLE XXIII
CONFLICT
Contractor shall promptly upon discovery advise City of any conflict, ambiguity or
inconsistency in the Contract Documents, or between any Contract Document and actual field
conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion.
ARTICLE XXIV
BONDS
Prior to commencing any Work, Contractor shall obtain from a recognized surety
acceptable to Administrator, a payment bond and a performance bond in the forms at Exhibits D
and E to this Agreement, or in another form approved by Administrator. Such bonds shall be for
the full Contract Amount, and shall guarantee and secure Contractor's proper performance and
completion of the Work, and performance of all of Contractor's obligations and duties under the
Contract Documents, including, without limitation, all warranty obligations and duties, 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 bonds is included in the
Contract Amount.
ARTICLE XXV
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 XXVI
NO PRESUMPTION AGAINST THE DRAFTER
No presumption or inference against City shall be made because of City's preparation of
this Agreement or other Contract Documents.
16
ARTICLE XXVII
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract
Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City
and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to
litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by
the American Arbitration Association under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the
Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to
recover from the other party its reasonable attorney fees, costs, and expenses arising from such
litigation.
ARTICLE XXVIII
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 XXIX
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 VI of
this Agreement, this Agreement and any other Contract Document maybe 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
and approved by City and Contractor.
1N WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their authorized representatives.
CITY OF RIVERSIDE
By: L.~'~tl ~~
MAYOR
ATTESTED:
C Y CLERK
17
M 1(~LA~n ~U QL Gk.1uC 4NC•
(Signahue)
Printed Name: E-- ~ ~~, I EE ~
Title: ~ Z>= S t OE ~J ~
18
EXHIBIT A
SCOPE OF WORK
Contractor shall perform the following Work:
1. Demolition of the White City Motel, 1812 W. Platte Road
The work on this site shall consist of full removal of the existing building and all related
appurtenances. All utilities serving the site shall be disconnected in cooperation with the
owner of each respective utility. All service lines, laterals, cables or other underground
facilities on the site shall be excavated and removed. The excavations shall be properly
backfilled and the utilities shall be plugged or capped at the edge of the property from
which the utility enters. The concrete retaining wall on the back portion of the site shall
remain, and the pavement within approximately 10 feet of the base of said wall shall
remain. All other walls, stairs, pavement, etc. shall be removed. The contractor shall
regrade the site to provide a stable slope from the edge of the pavement removal in front of
the concrete wall, southwazd towazds West Platte Road. If additional material is needed to
accomplish this grading, the contractor shall import sufficient suitable fill material to leave
the site in stable condition. Erosion control measures shall be implemented to protect the
site as outlined herein, but no seeding or sodding will be required on this site.
2. Demolition of the Coastal Gas Station, 1904 W. Platte Road
The work on this site shall consist of full removal of the existing building and all related
appurtenances. Additionally, the above ground product storage tanks, containment walls
and all related appurtenances shall be removed. This includes all pipes and equipment on
site for transferring product from trucks to the tanks and from the tanks to the pumps. All
utilities serving the site shall be disconnected in cooperation with the owner of each
respective utility. All service lines, laterals, cables or other underground facilities on the
site shall be excavated and removed. All other walls, stairs, islands, pavement, etc. shall
also be removed to leave a clean site upon completion of the project. All excavations shall
be properly backfilled and the utilities shall be plugged or capped at the edge of the
property from which the utility enters. The contractor shall regrade the site to provide a
stable site with appropriate drainage. On site material is anticipated to be sufficient for
regrading and backfilling the site. Erasion control measures shall be implemented to
protect the site as outlined herein, but no seeding or sodding will be required on this site.
3. Demolition of the Karr's Auto Sales, 1920 W. Platte Road
The work on this site shall consist of full removal of the existing building, canopy and all
related appurtenances. All utilities serving the site shall be disconnected in cooperation
with the owner of each respective utility. All service lines, laterals, cables or other
underground facilities on the site shall be excavated and removed. All other walls, stairs,
islands, pavement, etc. shall also be removed to leave a clean site upon completion of the
project. The excavations shall be properly backfilled and the utilities shall be plugged or
capped at the edge of the property from which the utility enters. The contractor shall
regrade the site to provide a stable site with appropriate drainage. On site material is
anticipated to be sufficient for regrading and backfilling the site. Erosion control measures
Exhibit A Page 1
shall be implemented to protect the site as outlined herein, but no seeding or sodding will
be required on this site.
4. Demolition of Residence, 2302 W. Platte Road
The work on this site shall consist of full removal of the existing house and/or outbuildings
and all related appurtenances. All utilities serving the site shall be disconnected in
cooperation with the owner of each respective utility. All service lines, laterals, cables or
other underground facilities on the site shall be excavated and removed. All other walls,
stairs, islands, pavement, etc. shall also be removed to leave a clean site upon completion
of the project. The excavations shall be properly backfilled and the utilities shall be
plugged or capped at the edge of the property from which the utility enters. The contractor
shall regrade the site to provide a stable site with appropriate drainage. On site material is
anticipated to be sufficient for regrading and backfilling the site. Erosion control measures
shall be implemented to protect the site as outlined herein, but no seeding or sodding will
be required on this site.
5. Demolition of the Leibrand's Riverside Automotive, 4502 NYV Gateway
The work on this site shall consist of full removal of the existing building and partial
removal of the foundation to a depth of 24"below grade. All related appurtenances shall
also be removed. All utilities serving the site shall be disconnected in cooperation with the
owner of each respective utility. All service lines, laterals, cables or other underground
facilities on the site shall be excavated and removed. All other walls, stairs, islands,
pavement, etc. shall also be removed to leave a clean site upon completion of the project.
The excavations shall be properly backfilled and the utilities shall be plugged or capped at
the edge of the property from which the utility enters. The contractor shall regrade the site
to provide a stable site with appropriate drainage. On site material is anticipated to be
sufficient for regrading and backfilling the site. Erosion control measures shall be
implemented to protect the site as outlined herein, and the site shall be mulched and seeded.
Exhibit A Page 2
EXHIBIT B
ITEMIZED PROPOSAL
IMPROVEMENT PROJECT
CONTRACT NO.
TO: CITY OF RIVERSIDE, MO
A. 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
dollars.
for Bid Item Nos. I through 5.
The purpose of receivipg unit costs for the following approximate quantities is to allocate
costs to various funding sources and as a basis for detemuning costs associated with
substantial changes in the overall Scope of Work. These approximate quantities were
prepared solely 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 above stated lump sum as accepted by the City.
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 declazes 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 declazes 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 fiu-ther 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 pazceling 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 having a partnership or other financial interest with bidder iu said bid or
bids, until after sealed bid or bids are opened.
3. The undersigned further declares that it has cazefully 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.
Exhibit E Page-1
10/23/03 14:37 FAA 8_ 163298601 1RANSFSTSAS I~j 004/003
ITEMIZED PROPOSAL
ITEM
NO. BID POEM DESCRIPTION LUMP SUM PRICE
wilding Demolition and Slte ResWration at:
1 White City Motel, 1812 W. Plarte Road
2 Coastal Gas Station, 1904 W. Platte Road
3 Coastal Gas Station -Tank Removal
4 Karr's Auto Sales, 1920 W. Platte Road p
5 Residence, 2302 W. Platte Road
6 Leibrand's Service Station, 4502 NW Gateway
TOTAL LUMP SUM BID
MIDLAND WRECKING INC.
il\ ~n_ X~. n
By; ED KATES
President
P.O. Box 14906, Lenexa, KS 66215
Address
Incorporated: STATE OF KANSAS
Attested•
.Assi ant Sec etary
Exhibit E Page-3
EXHIBIT C
SPECIFICATIONS AND DRAWINGS
The following Specifications govern Contractor's performance of the Work:
"West Platte Road Building Demolition" (Divisions 1 and 2 and Appendix A) dated October 13, 2003
including appendices, addenda, and all other documents and specifications referenced therein.
Exhibit C Page 1
E~TIBI ~
Bond ~f4DOSU2583
to
AGREEMENT BETWEEN CITY OF RIVERSII7E AND CONTRACTOR
(N.W. PLATTE ROAD, BUILDING DEMOLTfION AND REMOVALS)
PERFORMANCE BOND
FOR THE FATTHFUL PERFORMANCE of each of the teens and stipulations of the
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated ,November 4,
2003, designated Contract No. 2003-I1-07-02, in every particulaz,
P.O. Box 14906
Midland Wrecking,Iric, Lenexa, RS 66215 as Principal, and
United States Fidelit and Guars as Surety, hereby bind themselves and their
ompany .0. Box 13576 Baltimore MD 21203 410 205 3000
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Ninety Three Thousand Nine Hundred '!t.*enty Four
Missouri, in the penal sum of -
Dollars and no/100-- ($93,924.00)
lawful money of the United States, conditioned that in the event Principal shaA faithfully and
properly complete the Work required by the Contract Documents described in the Agreement
and perform all of its obligations and duties pursuant to the terms of the Contract Documents,
including, without limitation, all warranty obligations and duties cad including those under
which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker
required to execute the Work in the locality as determitred by the Department of Labor and
industrial Relations of Missouri or by final judicial determination pursuant to the provisions of
Sections 290.210 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of
Missouri, they this obligation to be void, otherwise to remam m full force and effect. Surety
hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms
of the Contract Documents or to the Work to be performed thereunder shalt in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work.
Midland Wrecking, Inc.
PRINCIPAL
(Signature)
Printed Name: ~~ Kra ~ ~ C
Title: ~~~st~s.~z
Date: t 1- 14 - c~3
United States Fidelity and Guaranty Company
SURETY
By: ~0 lJ~11,~14'~
(Signature}
Printed Name: Brenda L. Linze
Title: Attornev in Fact
Date: November 13th 2003
The Sigtatory of Surety has attached hereto its proof of authorization to bind Surety to
this obligation.
The~~V~
Power of Attorney Na
POWER OF ATTORNEY
Seaboard Surety Company
St PeW Fire and Marine Insurance Company
St PeW Guardian Insurance Company
St Paul Mercury Insurance Company
23782
UWted States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
~re~ N0. 18 414 3 6
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under [he l aws of the State of New York, and that
St. Paul Fire and Marine Inamance Company, S[. Paul Guardian Insurance Company and St. PaW Mercury Insurance Company are corporations duty organized under
the laws of the Sate of Minnesota, and that United States Fdelity and Guaranty Company is a corporation duly organized under [he laws of the Stale of Maryland and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organzed under the laws of [he State of Wisconsin (herein rollecNvely called the "Companies"), and that the Companies do
hereby make, canstimte and appoint
J. Douglas Joyce, Brenda L. Lino, Lisa M. Tortora, Jerome J. Reazdon, Eric Van Buskirk, Linda L. Nutt, Bazllara A. Miller,
Michael T. Kelly of Kansas City, Missouri;
Eugene A. Klein, Thomas P. Latz, Lawrence S. Kaminsky, and Thomas M. English of Shawnee Mission, Kansas;
Brenda L. Linze of Independence, Missouri
Katrsas City
Missouri
of [he City of ,Stale ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, m sign its name as surety to, and to execute, seal and acknowledge any and al] bonds, undertakings,
contracts and other written inswments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing [he
performance of contracts and executing or guaranteeing bonds and undertakings rpgtt~or perfiutted in ny actions or proceedings allowed by law.
`"V" ll[~ ~~~1i6 Mazch 2U03
IN WTINESS WHEREOF, the Companies have caused this instrumenL(o'~il° I1 gerl'..a~eal r(~t~~` day of
Seaboard Surety Company `), ~ ~~` lrlhttted States Fidelity and Guaranty Company
St. PaW Fire and Marine Insu{ap1~e Company 4" 11 r FideBty and Guaranty Insurance Company
St. PaW Guardian Insurand@i payn~`,~ ' `~,~ ~~ Fidelity and Guaranty Insurance Underwriters, Inc.
SL Paul Mercury Insuran ~t~grp~pg'~~.1~,,~ Z,l`A'
1927 ggxy tg rasa ~ 19 1 PETER W. CARMAN. Vice President
SEAL o'
State of Maryland ~ ~ YJX~_
City of Baltimore THOMAS E. HUIEREGTSE, Assistant Seuerazy
ih
On this k k day of MazCh 2003 before me, [he uMersigned officer, personally appeazed Peter W Camtan and
Thomas E. Huibregtse, who aclmowledged themselves to be [he Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. PaW Pire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. PaW Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaanty Insurance Underwriters, Inc.; and Iha[ the seats affixed m the foregoing instmment are the corporate seals of
said Companies; and [hat [hey, as such, being authorized so m do, executed the foregoing instmtnen[ for the purposes therein contained by signing [he names of [he
corporations by themselves as duty authorized officers.
~cI'a~' ,~i`^"r'~'FoA.a~t.~ - ~i~tte%A-
ln Witness Whereof, I hereunm set my hand and official seal. m p~NY U
My Commission expires the Ist day of IWy, 2006. ~~Ib~cm ,~ REBECCA EASLEY-GNOK.4LA, Notary Public
66203 Fev. 7-2002 Printed in U.S.A.
EX.~IBIT E
Bond 11400502583
to
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
(N.W. PLATTE ROAD, BUILDING DEMOLITION AND REMOVALS)
PAYMENT BOND
MIDLAND WRECKING INC. and the CITY OF RIVERSIDE, MISSOURI, have
entered into an Agreement dated 1\TOVember 4, 2003, designated Contract No. 2003-11-07-02.
Midland Wrecking, Inc. P.0. Box 14906 Lenexa, KS 66215 ~ principal, and
United States• Fidelity and Guaranty , as Surety, hereby bind themselves and their
Company, P.0. Box 13576 Baltimore MD 21203 410 205 3000
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Ninety Three Thousand Nine Hundred Twenty Four
Missonri, in the pedal sum of Dollars and no/100-- ($93,924.00) lawfirl
money of the United States, conditioned that in the event Principal shall pay the prevailing
hourly rate of wages for each craft or type of worker required to execute the Work requued by
the Contract Documents described in the Agreement in the locality as determined by the
Department of Labor and Industrial Relations of Missouri or by final judicial determination
pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580,
inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all
amounts duc for material, machinery, equipment and tools, consttmed or used in connection with
the construction of such Work, and all insurance premiums, workers' compensation, and all othcr
kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, subcontractor, or othernise, then this obligation to be void, otherwise to remain in full
force and effect, and the same may be sued on at the instance of any subcontractor, material
supplier, laborer, mechanic, or other iaterestcd party, in the name of the ~ty of Riverside, to the
use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and
agrees that no change, extension of time, alteration or addition to the tams of the Contract
Documents or to the Work to be performed thereunder shell in any wise affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the teens of the Contract Documatts or to the Work.
Midland Wrecking, Inc.
PRTNCTPAI.
By: ~ ~ 2<9 ~~
(Signature)
Printed Name: l~ n KA i >_~
Title: P~2t=S~p~~ i
Date: I1-Iti -03
United States Fidelity and Guaranty Company
C~.~Q/(SjidgnLcature)
Printed Name: Brenda L. Linze
Title: Attorney in Fact
Datc: November 13th 2003
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to
this obligation.
m8S'~FAuI
Power or Attorney No.
POWER OF ATTORNEY
Seaboard Surety Company
SL PaW Fire and Marine Insurance Company
SL PaW Guardian Insurance Company
St. PaW Mercury Insurance Company
23782
UWted States Fidelity and Guaranty Company
Fidelity aM Guaranty Insurance Company
Fidetlty and Guaranty Insurance Underwriters, Inc.
Certieeate N°. 18 414 3 5
KNOW ALL MEN EY TFIESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
SL Paul Fite and Marine Insurance Company, S[. PaW Guardian insurance Company and St. PaW Mercury Insurance Company are corporations duly organized under
the laws of the Stale of Minnesota, and that United States Fidelity and Guaranty Company is a coryoration duly organiud under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a wrporation duly organized under the laws of the Smte of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of [he State of Wisconsin (herein collectively ca!!ed the "Companies"), and that the Companies do
hereby make, constitute and appoint
J. Douglas Joyce, Brenda L. Linze, Lisa M. Tortora, Jerome J. Reazdon, Eric Van Buskirk, Linda L. Nutt, Bazbara A. Miller,
Michael T. Kelly of Kansas City, Missouri;
Eugene A. Klein, Thomas P. Latz, Lawrence S. Kaminsky, and Thomas M. English of Shawnee Mission, Kansas;
Brenda L. Lime of Independence, Missouri
Kansas City Missouri
of the City of ,Stale , [heir tme and lawful At[omey(s)-in-Fact,
each in thew sepazate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instmments in [he nature thereof on behalf of the Companies in their business of guaranteeing [he fidelity of persons, guaaanteeing [he
performance of contracts and executing or guaranteeing bonds and undertakings r~ulledor ~~ttiedain ny actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused rids instnvnie~ntjo~'~d`'8~~e~at(aSealed Yl{~is,`~~ l~ day of Match 203
. ~ h .~~M1 ' ~~ s~.~~
Seaboard Surety Company ~` k ,,~~`~ t,".f,~` ',~ted States Flde6ty and Guaranty Company
St. Paul Fire and Marine Insu'~.Compan~ ~~. ~~`'r Fidelity and Goaranty Iusurance Compaoy
St. PaW Guardian InsuruncF` peu,~„`;j.' • ~. Fidelity and Guaranty Insurance Underwrfters, Inc.
St. PaW Mercury Insurance Co~4y `i } ~ X
`+:~ ~ .. ~~ ~~ ~ Y ~~~
~y,,coarras a`"~, • ~+~~+::~ 4L
'~1927~ b ~~AGjC 3ZaBa~ g~~ lass~p 1077 PBTERW CARMAN, Yce Presidem
"~ ~ ~n qa sat" ~ 1~
State of Maryland '
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this l l~ day of Mazch 2003 before me, the undersigned officer, personally appeared Peter W Carman and
Thomas E. Huibreg[se, who acknowledged themselves to be the Yce President and Assistant Secremry, respectively, of Seaboard Surety Company, St Paut Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaanty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guazanry Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instmment are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein coniaitted by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereo[, I hereunto set my hand and official seal. ~ pr'tRY 00
My Commission expires the I s[ dfly o£ Iuly, 20(1,6. calb~ Ortt ,~ REBECCA FASLEY-ONOKAt.A, Notary Pablic
86203 Rev.7-2002 Printed in U.S.A.
ACORD CERTIFICATE OF LIABILITY INSURANCE OPID DATE(MUV°°myn
MIDLA-2 11 13 03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMlO'ION
Thomas Mc6ee
L
C ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC/fE
'
,
.
. HOLDER. THIS CERTIFICIO
E DOES NOT PMEND, EXTEND OR
920 Main, Suite 1700 ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW
Kansas City MO 64105
Phone: 816-842-4800 Fax:816-472-5018 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Admiral IIISaranoe CO•
INSURER B: Libert Iatezaational
Midland Wrecking, Inc. INSURER C: Ohio Casualt
P.O. Box 14906
Lenexa xe 66215-0906 wsuRERD:Travelers Work Com A/R
INSURER E: COIItiaeIItal WBS terII-A R
THE POLIGE3 OF INSURANCE LISTED BELOW HAVE BEEN L45UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERN)D INDICATED. NOTWRHSTANDING
ANY RC-0UIREMENT, TERM OR CONDRION OF ANY COMRACT OR OTHER DOCUMEM W ITH RESPECT TO WHICH TXI$ CERTIFICATE MAV BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BV THE FOUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EICCLUSION3 AND CONDRIONS OF SUCH
POLICIES. AGGREGATE LIMBS SHOWN MAV HAVE BEEN REDUCED BV PAID ClAIM3.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMm DATE NMfD LIMBS
GENERAL LMBNIfY EACH OCCURRENCE $SOOOOOO
A $ COMMERCIAL GENERAL LIABILITY A03AG16105 02/11/03 02/11/04 PREMISES Eeoccurance s 50000
CWMS MADE ®OCCUR MED E%P (Myane person) sBxCluded
$ Blakt Addl Inard PERSONALBADVINJURY $ lOOQQOO
GENERAL AGGREGATE $ 2000000
GEML AGGREGATE LIMIT APPLIES PEw PRODUCTS-COMP/OP AGG E lOOOOOO
POLICY $ jE~r LOC
MI rOMOBq.E LIABILRY
C $ ANYAUro BA052398718 02/11/03 02/11/04 COMSINEOSINGLEUMIT
(Ee eaJaenl) $1000000
ALL OW NED AUTOS
D
URY
SCHEDULED AUTOS (~
P~on) $
HIRED AUTOS
BODILY IWURV
$
NON-0WNED AUTOS (Per ecGEenf)
PROPERTY DAMAGE
$
(Per exiEenl)
GARAGE LMBNJTY AUTO ONLY-EA ACCIDEPR $
ANY AUTO EA ACC
OTHER THAN $
AUTO ONLY: AGG $
EXGESSNMBRELVI LIABILITY EACH OCCURRENCE $ 3000OOO
B $ OCCUR ~ CLAIMSMADE LQ18710777 3 9-022 Q2/11/Q3 Q2/11/Q4 AGGREGATE $ 3000000
s
DEDUCTIBLE $
$ REfEMION $ 0 $
V/ORKERS COMPENSATION AND
' $ TORY LIMITS ER
EI~&LOrER3
LIABILffY 151105303042358620 02/11/03 02/11/04 E
L
EACH ACCIDEM a 1000000
ANY PROPRIEfORlPARTNER/fl(ECUTIVE .
.
D OFFICER/MEMBEREXCLUDED7
N 7190A56A Q2/11/O3 Q2/11/O4 E.L. DISEASE-EA EMPLOY $ 1000QQQ
CescriOe unOer
SPECIAL PROVISIONS E91pv E.L. DISEASE-POLICY LIMIT $ lOOOOQO
OTHER
DESCRIPTM)N OF OPERATIONS! LOCATIONS 1 VEHICLES f EICCLUSM)NS ADDED BY ENDORSEMEM /SPECIAL PROVISIONS
RS: M.W. Platte Road, Building Demolition and Removals. Contract
#2003-11-07-02. City of Riverside, Missouri ie named as additional insureds
except oa Workers Compensation with reaepete to work done by the named
insured oa the above referenced project.
CERTIFICATE HOLDER CANCELLATION
RI VSMOS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAN. 3O OAVS YYRITTEN
Cit
of Riverside
MO
y
, NOTICE TO TXE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SNALL
Grace
P. O. Box 9135 IMPOSE NO OBLICATK/N OR LV161LIfY OF ANY KIND UPON TXE IN911RER, RS AGEMS OR
Riverside MO 64168 REPRESENTATNEB.
AUTHOR SENT
ACORD 25 (2001108) ®ACORD CORPORATION 1988