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HomeMy WebLinkAbout2003-125 - Agreement for construction Services Related to the West Platte Rd Improvement ProjectBILL NO. 2003-125 ORDINANCE NO. 2003-125 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT FOR CONSTRUCTION SERVICES RELATED TO THF, WF,ST PLATTE ROAD IMPROVEMENT PROJECT WHEREAS, the City of Riverside, Missouri (the "City") is currently planning the construction of certain roadway improvements and expansions to West Platte Road in the City and to the East thereof (the "Project'); and WHEREAS, the City has solicited and received bids from various companies, businesses and other entities in the construction business related to construction services for the Project; and WHEREAS, the City has selected, and the Board of Aldermen has approved, the best bidder for the construction services, Damon Pursell Construction (the "Company"); and WHEREAS, the City and the Company have reached an agreement concerning the scope of the construction services and consideration therefor. NOW, THERF,FORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an Agreement, such agreement to be substantially in the form attached hereto as Exhibit A, with the Company whereby the Company shall provide construction services related to the Project, and as consideration for such services the City shall pay the Company a total amount not to exceed Three Million Twenty Nine Thousand Six Hundred Sixty-Seven Dollars and Eighty= Chree Cents ($3,029,667.83) (the "Agreement'). Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 18°i day of December, 2003. ~.e~" Mayor ATTF ity Cler ,, l' ' ~' .. ;\ , .ACRF.EMENT ,. BETWEEN CITY OF RIVERSIDE AND FOR COMPLETION OF VEST PLATTE STREET AND LEVEE IMPROVEMENTS PROJECT CONTRACTOR: DAMON PURSF,LL CONSTRUCTION COMPANY CONTRACT NO.: 2003-11-07-1 CONTRACT PRICE: $3,029,667.83 CONTRACT NO. 2003-11-07-1 AGREEMENT BETR'EEN CITY OF RIVERSIDE AND CONTRACTOR (WEST PLATTE ROAD STREET AND LEVEE IMPROVEMENT PROJECT) THIS AGREEMENT, made and entered into as of the ~"~"day of December, ?003, by and between the City of Riverside, Missouri ("City"), and Damon Purcell Construction ("Contactor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, ender the provisions of Ordinance No. ?003-125 duly approved December ] 8, 2003 and by virtue oCthe 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 ("AdminisU-ator") is authorized to perform Administatoi's fiuictions set forth in this Agreement and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administator in performing Administato~'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, mewls 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, sen~ices, 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 B (Specifications and Drawings) to this Agreement and the other Contact Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. 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 sur•ounding areas, (2) «enerally prevailing climatic conditions, (~) 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 Contractors failw-e to do so. ARTICLE II CONTRACT AMOUI\'T 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 Three Million Twenty-Nine Thousand Six Hundred Sixty-Seven Dollars and Eighty-Three Cents ($3,029,667.83). 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 particular 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- 125 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 FORK /SUBMITTALS A. Contractor shall cormnence 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 Article V, Paragraph F of this Agreement) of both Phase I and Phase II of the Levee portion of the Project (as defined in Construction Sequencing Plans) not later than July 1, 2004. If Contractor fails to achieve Substantial Completion of either Phase I or Phase II of the Levee, or both of them, by July 1, 2004, Contractor shall pay City Five Thousand Dollars ($5,000.00), as liquidated damages and not as a penalty, for each calendar day after July I, 2004, until Substantial Completion of both Phase I and Phase II is achieved. C. In addition to the undertaking set forth in Paragraph B above, Contractor also shall achieve Substantial Comp]etion (as defined in Article V, Paragraph F of this A~-eement) of all the Work not later than two hundred tlurty (230) working days after the date indicated in the Notice to Proceed for conunencement of performance of the Work. A working day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does not prevent at least six (6) hours of continuous working time. If Conn•actor fails to achieve Substantial Completion of all the Work by this date, Contractor shall, in addition to any payment due under Paragraph B above, pay City One Thousand Dollars ($1,000.00), as liquidated dammages and not as a penalty, for each worlcinR dati~ after this date until Substantial Completion of all the ~Vorlc is achie~~ed. Follo~~~in~ Substantial Completion of al] the Vv ork, Contractor shall proceed to complete all uncompleted ~~%ork items as promptly as permitted b} weather conditions or any other conditions affective completion of the ~~%ork. D. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise its rights under Paragraph E below and Article XIII of this Agreement under all circumstances described in Para~aph E and Article ~IIL including but not limited to Contractor's failure to achieve Substantial Completion in accordance with either Paragraph B or Paragraph C above, or both of them. E. 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 die Work except for Saturdays, Sundays. holidays, and days of inclement weather. This Paragraph E does not preclude Contractor from working Saturdays. Sundays, holidays, or days of inclement weather. F. Promptly after the execution of this Agreement, and in any event before corh*nencing perforn~ance 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 a~-e required from City. Upon Cit}''s written approval of the schedule, Conn•actor shall comply with it unless directed by City to do othei-~~ise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate inter~~als if required by the conditions of the Work and the Project. V~rith each Application for Payment Under Article V of this Agreement, Contractor shall submit an updated, cun•ent schedule. Neither the original schedule nor any update shall exceed time limits current under the Contract Documents. G. In the event Admiistrator determines that performance of the V~~ork is not progressing as required by the Contract Documents or that the V.%ork is being urmecessarily 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 progn-ess. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that al] Work will be completed within the prescribed time. H. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shalk prepare and deliver its submittals to Ciry in a manner consistent wide the construction schedule and in such time and sequence so as not to delay performance of the Work. Review and approval of any Contractor subnuttal shall not be deemed to authorize deviations, substitutions, or changes im the requir-emcnts of the Contract Documents ur>less express written approval is obtained ii-om City specifically authorizing such deviation, substitution, or change. If the Conu-act Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for re~~iew and approval by Cit}~ any shop drawings, samples, product data, manufacturers' literature, or svlular subnuttaks as may reasonabky be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor fiom responsibilit~~ for defective work resulting from errors or omissions of an} Lind on the approved submittals. .ARTICLE It' 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, forn~ the entire agreement between City and Contractor. and are the Contract Documents: This .AGP~EEMENT BETWEEN CITI' OF RT~'ERSIDE A~TD COI~'TP~ACTOR 2. SCOPE OF WORK (Exhibit A to this Agreement) 3. The SPECIFICATIONS K DRAV~~INGS referred to in Exhibit B to this A~*~-eelneut. 4. PEP.FORMANCE BOND (Exhibit C to this Agreement). 5. PA~'MENT BOND (Exhibit D to this A~neement). 6. ITEMIZED PROPOSAL (Exhibit E to this Agreement) 7. PREVAILING WAGE RATES (Exhibit F to this Agreement). B. Contractor represents that it has examined and become familiar with the Contract Documents il~ their entirety, that anv 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 nnpossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE V PAI`MENTS 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 he 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 deli«nated in Article ~iII. h~ 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 fiom the Contract Amount that Contractor claims. Contractor shall identifti~ each subcontractor and supplier whom Conn-actor intends to pay from the requested payment and shall state the amount Contractor irnends to pay each such subcontractor and supplier. _An Application shall not include a request for payment for an~~ portion of the ~%ork that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor shall include with cacti Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivet-~~ of Contractor's Application and all supporting documentation to City's designated representative, provided all Worlc and documentation are acceptable to City. Within fifteen (1 ~) days of its receipt of payment from City; Contractor shall pay all subcontractors and suppliers to whom payment is owed ii~om 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 certif}~ for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent (~°io) as retaina<~e until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sutra certif ed to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under Ordinance lvo. 2003-]?~. Payment shall 1, ~-.....-.,,_~ A D...,.-.7 ~ A .'a~1r ui'i~ nrrir~~~e 4}; tinvt Put a R It Y19P 1-ic 171a(ic `LU ~.viiu a~~or ai~er iilC Lvui u 6i : ~lde~...ei~ r ~`. 7.. ~~ ., `*YY e t ,., 11 nd L ~10._~_ 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 Fork. 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 pa}~ments and release of claims and rights in connection with prior payments, in a form approved by CitS~. Cit)~ may, at its option, also requil-e 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 all the Worl: 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 of all the Worl: have been satisfied and the ,Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor witluTr 30 days of .Administrator's certification that all the Work is Substantially Complete. if there are minor items remaining to be completed upon Substantial Completion, an amount equal to two hundred percent (200°i~~) of the value of each item, as deterruned by Administrator, shall be withheld until such items are completed. G. Contractor shall not he entitled to final payment for the ~~ork until Contractor submits an application for fna] payment, al] requirements of the Contract Documents are complied v~ith. and _ndministrator issues his or her certificate to that effect. Cite, within ,0 days afro the delivery of Administrator's certificate, shall pa}~ Contr-actor all remaining funds which Contractor is due under this .A~-eement. H. Acceptance of final payment by Contractor shall release Cit}~ from all further obligations to Conn~actor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. L City may withhold final or any other payment to Contractor on any reasonable basis. including but not limited to the following: Linsatisfactor}~ job progress, 2. Defective ~~~ork, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that aI1 ~~orl: camiot be completed for tine unpaid balance of the Contract Amount, ~. 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 andior material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall he charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to sec]: payment directly from City. ARTICLE ~'I CHANGES/CLAIl~25 A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other chan~Tes to the Work. Upon receipt of such an order, >li 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 Chan«e. If Conh~actor undertal.es any addition; deletion, or other change without a written order from City, Conh~actor 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 Worh causes a net increase or decrease in the cost of Contractor's performance, the Contract Amowrt shall be increased or decreased by a lump sum as to which Contractor and Citti~ muniallv a~*~-ec prior to the commencement of perronnance of the change, or, at Cin_ 's option. the change shall he performed for writ prices. iI~ amp, listed in the Itemized Proposal (Exhibit E to this Ag*~-eement), or on the basis of reasonable expenditw~es and savings of those performing the ~%orl: attributable to the change, including, in case of a net increase in the cost of Conhactor's perfr>rmance, a reasonable allow°ance 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 similar taxes related to the Work; and additional costs of super~~ision and field office personnel directly attributable to the chiiii'~ .°.. If a change to the Work causes an increase or decrease is~ the time required for Contractor's performance, an equitable adjushment 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 «~ork, 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 ~~~ork. D. Agreement on any Change Order shall constitute a final settlement of all matters relating to the chant=e 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, off cer, or agent of City. or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered nr the V.%ork. an act of God, fire; or oflier cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the yy~ork shall be equitably extended. provided that Contractor gives notice as prm~ided for in Pai-ag7-apb F below. Except for delay or interference b}~ City, an employee, officer, or agent of City; or an architect, engineer, or separate contractor engaged by or on behalf of City, under no circumstances and in no event shall the deadline for Substantial Completion of Phases ]and II of the Levee be extended beyond July ] 004. F. An}° claim b~~ Contractor for additional time or mone~~ for the perfoi7nance of the Work. including hui not limited to an~° claim based on or arising out of an addition to, deletion from, or other change to the V1ork andior delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five working days of the begistning 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 V.%oil:, shall excuse Contractor from proceeding ~~ith prosecution of the Work, including an}~ Work as changed. ARTICLE ~'Il INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance covera?es and amounts: COMMERCIAL GENERAL LLABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any arciliteci5, engineers, Or vtiler dGSig"u prvfeSSiGiiuiS Ciigaged l;y Or vn i;ciia:f 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 ........................................... ...SL000,000.00 b. Genera] aggregate ........................................ ... S?,000,000.00 c. Products/completed operations aggregate ... ... S?,000,000.00 d. The following coverage shall be included: - Blanket contractual liability - Products/completed operations - Personal advertising injury - Broad form propert}~ damage - Independent contractors - Explosion, Collapse, and Undergn~otuld Damage 2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals enga<~ed by or on behalf of City, against claims for bodily injui and/or property damage arising out of the ownership or use of any owned, his-ed, and/or non-owned ve1>icle and shall include protection for airy auto, or all owned autos. l>u-ed autos, and non- owned autos. The coverage shall have not less than a conlbnled single limit of $1,000,000.00 for each accident. 3. ~T~~ORT~ERS' COMPENSATION AND EMT'L01~ER'S L1.~BILITY -This insurance shall protect Contractor against all claims under applicable state ~3~orkers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for iiijuiy, disease, or death of employees which. for any reason. ma}~ not fall a°ithin the provisions of a wor);crs' compensation 1a1~ .The limits shall not he less than the fr~llowing: a. Workers' Compensation ....................................... Statutory b. Employer's Liability: - Bodily injw-}' by accident .......................... ~I,000,000.00 - Bodily injur}~ b~~ disease ............51500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to Cite and with a mininnun financial ratul~ not lower than `B-~7" in Best's Insurance Guide, latest edition. All insurance shall be written on an occun-ence basis; and all ag~negate limits shall apply in total to the Work only. Each policy prop°iding general liabilit}' coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing «eneral liability or automobile liability coverage shall, in form satisfactory to Cit,~, (1) name as additional insureds Cit<~, its emplo}gees, officers; and a«ents, and an}~ architects, engineers, or other design professionals engaged by or on behalf of Cit}~, and (3) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. C. Contractor shall maintain the products and completed operations coverage for not less than five years after the date of final acceptance by City of all of Contractor's Vvork. D. Contractor shall obtain propei-t5~ insurance upon the entire Work for the full cost of replacement at the tithe of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's RiskiInstallation Floater, "all risk" or equivalent form to cover al] 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 result>lig from defective design. worlanansl>ip, or material. This insurance shall, without Iimitation, 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. This insurance shall remain in effect until final payment has been made to Contactor or until no person or entity other than City has an insurable interest iii 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 dama~~es caused by risks covered by the property insurance provided for in this Para~*raph 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 furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and is in compliance with this Article `;'II. The certificate or certificates shall be delivered to City's designated representative not less than see en days before Contractor fu-st performs any of the ~>,~ ork. All policies except ~y'orkers' Compensation and Employer's Liability shall contain a v<•aiver of subrogation in favor of City and its employees, o£ficcrs, and a~,ents. F. Contractor also shall maintain any additional insw-ance covera~ses and am' higher limits pro~~ided for elsewhere in the Contact Documcnts and shall furnish City any additional insurance documentation provided for clse~~~herc in the Contract Documcnts. _4I.TICLE ~"III INDEMNITI' A. To the fullest extent permitted by lave, Contactor shall defend. indemnify, and hold harmless City, its employees, off cers, and agents, and any architects, engineers, or other desi~~~ professionals engaged by or on behalf of City, fi-om and afrainst claims, damages; losses, and expenses, including but not limited to attorney's fees, arising out of or resulting fi-om the performance of the Work. provided that such claim, damage, loss, or expenses is attibutable to bodily irljur}~, sickness. disease, or death or to injury to or destruction of tangible property (other than the Worl: itself), but only to the extent caused or allef=edly~ caused by the ne~_*ligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may he liable, regardless of whether such claim, damage, loss, or expense is caused n~ part by a party indenmified hereunder. This obligation is not intended to, and shall not, negate- abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paranaph A. B. In claims against any person or entity indemnified under the preceding Paragraph A by an employee of Contractor_ a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemiufication obligation under Parac-aph A shall not he limited by a limitation on the amount or nape of damages, compensation, or benefits payable by or for Contractor or a subcontactor or supplier under workers' compensation acts; disability benefit acts. or other employee benefit acts. ARTICLE I~ PATENT LLSBILITY Contractor agrees to defend; indemnify and hold harnless CitS~, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the perfornance of this Agreement or any breach or violation of Trademark or proprietary or trade secret rights of others, as ~~~ell as against an~~ jud~nents, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alle~~ed infringement. ARTICLE N CO~'I;NANT 9GAINST UNDL-E LNI'LL~ENCE A. Contractor represents and warrants that it has not employed or retained any company or person. other than a bona fide employee working for Contactor. to solicit or secure this Ag*t-ccment, and that it has not paid or agreed to pay an~~ company or person, other than a bona fide employee, any fee, commission, percentage. brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this .Agreement. For breach or violation of this wan-anty, City shall have the right to void this Agnee~nent without liability and, in its discretion. to deduct from the Contract _Amrnmt. or othe~-U~isc rccrn~er. the full amount of such fee. conunission. percentaee. brokerage fee. _*ift. or contingent fee, B. Contractor represents and wan-ants that no pa}~ments have been or shall be made. directly or indirectly, b}~ or on behalf of Contractor to or for the bencft of am' officer, employee. or agent of Cit}~ who may reasonable be capected to influence the decision to requisition, issue or take any action with respect to this A~~-eement. Contractor shall allow a mutually a~*~~eeable nationally recognized certified public accounting fun to e5:amine_ at City's e~:pcnsc, such of Contractor's book and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance ~a~ith this Article ~. ARTICLE ~I REC©RDS REGARDING P.4~'MENT For a period of at least two }ears 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 ~'as billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any ti%ork, including extra G-ork, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts. subcontracts. material bills, con-espondence, accounting records, time sheets, payroll records; canceled checks, orders, and invoices pertainuzg to City's account. Cit}~ or its representative shall, upon reasonable prior notice to Contractor, he given the opportunit}~ to audit these records at an}~ time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE III NOTICES .A. The following persons are designated by the respective parties to act on behalf of such part}' and to receive all written notices and Payment Applications: For City: David Blackburn City Admiiustrator City of Riverside, MO ?9~01~'Vi~ Vivion Riverside, MO 64150 For Contractor: Gary Pauley Damon Purcell Construction Co 300 N. Church Road Liberty, Mo 64068 B. 9ny notice required by the Contract Documents to he sivcn ill writing or that either Car}- or Contactor wishes to give to the other in waiting shall be signed by or on behalf of the parn~ 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 fur~lish the other party. C. Contractors designated rehresentativc shall b: available to meet with Cin~ at an~~ time during the performance of the «'orl: and shall have full auihorit~ to act on Conu~actor's behalf on anv matter related t~ this A~*rcemcnt and/o~ the ~~'orl:. ARTICLE 1III -EFAULT A. If Contractor fails to compl}~> becomes unable to compl}~_ or with reasonable probability (as dcternined sole]}~ b}~ Cit}~) Fill become unable to comply with any of Contractor's obligations under the Contract Documents.. including but not limited to (I) failure at arty time to furnish sufficient labor or supervision, Buff dent materials or services (including but not ]united 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 Vdork, (?) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage o£ dcla~~ in, or interference With any work of City or any others on the Project, or (4) abandommcnt by Contractor of all or any pa~~t 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 con-ect from Cit<~, City mae, in addition to any other right or remedy Cite ma~~ have, furnish any necessary labor, supervision. materials; tools, equipment. services; or other items tlu-ough City or others, to con-ect the default, at Conh~actors expense, or temlinaie Cunu-acior's ri~it tc. proceed ~~ith performance of any par[ or all of the R'orl: and take over and complete the performance of such Work.. through City or others. at Contractors expense. B. If City exercises its right to tape over and complete an~~ part or all of the Wort., 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 CitS~; 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 an}' delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities. fines, penalties, losses, damages. and clahns may be deducted by City fi~om the amount, if any, otherU~ise due Conh~actor, ~u~d 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 reset-sped to City by the Contract Documents is exclusive of any other right or remedy provided or penmitted in the Contract Documents or by lav~ or equity, but each right or remedy is cumulative of every other right or reined}~. and every right or remedy may be enforced concurrently or fi-om time to time. ?~o exercise by City of any right or remedy shall relieve Contractor from full acrd absolute responsibilih~ for alI of Contractor's obligations under the Crnrtract Documents. E. No failure or delay o~C City to ~,ive notice to cor-ect any default of Conn'actor or to exercise am of City's ri~~hts or remedies shall in any way ~~~aivc or excuse the de$lul±. and Cit}~ shall remain free to pursue all rights and remedies. ?vo failw-e of City to insist. in an}~ one or more instances, upon the perfornance of Ana of Contr'actor's obligations under the Contract Documents shall be deerocd or construed as a waiver or relinquislunent of Citi''s right to insist upon strictpcrfornauce of the obligation in am~ future instance. .ARTICLE ~I~' TEPSZIIF.ATIO?~ FOR CITI"S CO?V'1'ENIE?VCE City ma}~, at an}~ time, For any reason. and without Contactor's being in default, terminate Contractor's perfrnmance of any part or all of the Worl: 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 o~~cr to Citt~ or City's desi~rnce materials and equipment purchased for the V~%ork. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the «%ork as is actually perfoi7med as of the termination for convenience. Cin~ shall not be obligated to Contractor for an}~ further payment, includin« but not limited to prospective overhead or profit on unperformed work. If a ternuziation by Cite of (`„nt..,, ,. `r~5 r'. ~•1 t }^ r.:'n~AAUI n.: .1,~ ~.rniuii~ of r~HfLL~~ilt }iJ~ ('nn_t_r7Ct.~_r i_c ~~~tanri?p Pr~ ~;lt~r to }i a~,~P ~1111L~ l1vL r 1 L p been improper, the termination automatically shall be converted to a termination for City's convenience, and Citt~'s obligation to Contactor shall he limited to payment to Contactor as provided in this Article DIV. ARTICLE 7i~' COMPLL4NC1'/ ~~'ITH L.4R'S A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders; and the like applicable to the ~~ork, including, but not limited to an}~ applicable prevailing wage and prompt payment laws and all li.S. Arn1y Corps of Engineers guidelines, rules; re_ulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessar}~ for the fulfillment of Contractor's obligations under the Contract Documents. B. V~%ith each Application for Payment submitted by Contractor to City, Contactor shall include (a) a si~*ned statement, in forni acceptable to City, showing, for eacl weekly payroll period that ended during the period covered by the _4pplication for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contactor in connection with the ~>,'ork and, for each such worker, the number of hours worked each day, the total hours worked during the payroll peT~od, the ~~-oss amount eanled, an itemization of all deductions, and the net wages paid and (h) a corresponding statement fi om each subcontractor of any tier that employed an}~ workers in connection with the Vdorl: during the period covered by the Application for Payment. C. Tlus A~rz-eement shall be governed ly and constucd in accordance with the laws of tle State of D2issouri. ARTICLE ~~"I SU~CO?~TR4CTS, ASSIG'~)t'tE'~T, C)R TR.4~~SFER 1~. Except with the prior written consent of City, Contractor shall not assngn this Ag~~ecment or arr}' more}~ due or to become due C,ont-actor or issue a subcontract or pw-chase order to any person or entit}' for any or all of the Work. Cit}''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 an~~ of the ~%ork shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. Each subcontract or pw-chase order issued by Contractor for any of the ~~%ork shall provide that it is freely assi<*rrahle b.' Contactor to Cit)~. Contractor hereby assigns to Cit}~ all its interest in an~~ present or future subcontract or purchase order issued by Contractor for any or all of the ~~%ork. This assig~rment shall he effective upon acceptance by Cit}~ in writing and onl~~ as to the specific subcontract(s) and%or purchase order(s) that City desig*~rates in the writing. This assignment may be accepted by City at any time, ~~hether before or after final payment to Contractor. and may not be a°ithdrawn h}• Contractor without Citys written consent. ARTICLE ~~'ll ACCESS TO SITE/CLEAI~TLNG UP A. Contractor shall ensure that the Work. at all times, is performed in a manner that affords reasonable access, both velvcular and pedestrian. around the site of the work and all adjacent areas. B. Representatives of Citt~ may izrspect or review amy Work performed by Contractor, and consult with Contractor. at an}~ time. City's inspections or reviews shall not constitute acceptance or approval of ~>,~ork unless specifically stated in writing. Contractor shall meet with Cit}' at the request of City. C. Contractor shall at all times during performance of the Worl: keep the Project site clean and free from debris resulting fi~om the Work. Prior to discontinuing Work iu an area, Contractor shall clean the area and remove ~~ll 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 compl}~ with cleanup dufics within ?4 hours after written notif cation 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 l~"Ill COMPETENCE Contractor represents and warrants that it maintau7s all necessary licenses, registration, competence.. and expctzence to perform all the Work. ARTICLE ,l"IX ~~ .4I:I~:4'\ TI' A. Contractor shall eacrcise hi«h professional shill. care. and diligence in the perfotmance of the V~'ork. and shall cain~ out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Worl: are discovered within oue year n-om final completion of the ~~ork, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Contractor's obli«ation to p~rfonn its ~%orl: properly. Neither final payment; 9dministrato~'s final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the ~%orl: fi-ce of defects in worlsnanship and material. B. Contractor agrees that it shall remain solely responsible for the performance of the Vdorh 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 BIZ 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 h.' law for any action for breach of such obligation. ARTICLE ~~ STORAGE OF MATERIALS A?FD EQtiIPME?~T Only materials and equipment that are to he used directly in the Work shall he 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 fi-om weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE ~?~I SAFETY A. Contractor shall be responsible for itutiating, maintaitung, and supervising al] safety precautions and programs in com~ection with performance of the Fork and shall take reasonable precautions for the safety of. and shall provide reasonable protection to prevent damage. injury, or loss to (])employees and other persons at the Project site or who may be affected by the Fork (2) materials and equipment stored at on-site or off=site locations for use in performance of the ~~'ork and (3) other property at the Project sift or in its vicinity, such as trees, shrubs. lawns, u°alks, pavements, road~~-ays, structures, and utilities not designated for remo~°al, relocation, or replacement in the course of construction. B. Contactor shall give notices and comply st~ctly with applicable Iaws, ordinances. Hiles, regulations, orders, and the like bearing on safety of persons or propet-[}° or their protection fi-om damage. >lijwy, or loss. C. If City deems any part of the VJorl: or the Project site unsafe, City, without assuming responsibility for Contractor's safety prog~~am, may require Contractor to stop perfonnancc of the Fork or take cor~ecti~~e measures satisfactory to Ciry, or both. If Contractor does not adept cot7~ective mcsm-es. Cin° roar perform theirs or have their performed and deduct their cost fiom the Conn~act _~mount. Contractor shall make no claim for daula~acs. for an increase in the Contract .~121]OUllt, or for a chars<~c in the time for performance of the V~%ork based on Contractor's compliance ti~~ith Cit~~'s reasonable request. ARTICLE III INDEPENDENT CONTRAC'T'OR Contractor acla~owlcd<~es it is an independent contractor, and neither Contractor nor an~~ subcontractors. suppliers. employees, or agents shall be deemed an emplo~~ec or anent of Cin~ for an}~ purpose. ARTICLE N~III CONFLICT Contractor shall promptly upon discover} advise City of an}' conflict, ambi~uite or inconsistence m the Contract Documents, or between any Contract Document and actual field conditions, and Cit}~ shall resoh~e such conflict. ambiguite or inconsistenc} in its sole discretion. ARTICLE ~TIV BONDS Prior to commencil~~ any Fork, Contractor shall obtain from a reco~_nized surety acceptable to Adminishator. a perforniance bond and a payment bond in the forms at E~:hibits G and D to this A~n-eement. or in another form approved by _Administrator. Such bonds shall he for the full Contract Amount, and shall ~ua1-antee and secw-e Contractor's proper performance and completion of the Fork, and performance of all of Contractor's obligations and duties under the Contract Documents, includnl;, without lunitation, all U~arranty 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 Vdork. The premium for such bonds is included in the Con~i~act Amount. ARTICLE ~1V SE~~ERABILIT]' 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 ~« NO PRESUI\IPTION AGALNST TSL+ DR4FTER No presumption or inference against City shall he made because of Cih~'s preparation of this Agreement or other Contract Documents. _4RTICLE ~I~'II DISPUTES/ATTOR~Tl 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 thr-ou<_h negotiation, Cin~ and Conn~actor shall first trrn in rood faith to resolve the dispute by mediation before resorting to Iitigation. Unless Cite and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industn' Mediation Rules. B. In the event of litigation between Contractor and City concen~ing the Project or this Agreement or other Contract Documents; flee prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs; and expenses arising from such litigation. ARTICLE VIII 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 an}' other purpose. Specificall}', but without limitation, the titles shall not define or Iimit any of the provisioais of an}~ of the Articles. .4RTICLE ~1I1 ENTIRE .AGREEMENT This A~~eement and the other Contract Documents constitute the entire agreement between the parties ~a~ith respect to their subject matter..4u}~ prior agreements; understandings, or other matters, whether oral or written, are of no further force or effect. Subject to .Article VI of this A«t-ecm°nt. tilts Agreement and any other Contract Document maybe amended, changed, or supplemented only b}~ written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties oily after it has been duly executed and approved by City and Contractor. IN ~%ITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE Bv: ,B.u-~-~ MAYOR ATTESTED: _TY CLERK Damon Pw-seJl Construction.C ompan>' ~,.: C .-TT. _~ -~ fi*_~~tanirc~. Printed Name. '~jr" ~ G~/'^r~~,5 i~zl~- Title: i ~ ~c,~ ~~z~~`~ ~ r- ~~ E~~HIBTT ~i -SCOPE OF ~T'ORh Conn-actor shall perform the followin~~ l~-orlc: ,All ~~ork necessary to reconsh•uct V~'est Platte Road through the limits of the Project as sho~'n on and in accordance with the Specifications and Dra«°ings refen-ed to in E;:hibit B to the A,n-eement. The ~~%orh shall include removal of pavement, utilities, ~n~ading, new paeing of streets, driveways and sidcwall;s, installation of curb and Nutter, storm drainage improvements, permanent signing, traffic control, sediment and erosion conn-o1, temporary seeding, construction of retaining walls, fencing and all other items contained in the Specifications and Drawings. In addition, the ~%ork shall include construction of the Levee across V1est Platte Road. All Worh within the Levee Critical Zone must be performed in accordance with all applicable statutes. rules, and regulations, including but not limited to the applicable U.S. Army Corps of En«ineers ("COE") specifications, rules. and criteria for all work performed within or adjacent to a flood control project area; which are included in the Specifications andior Drawings. The Levee Critical Zone is that area 500 feet landward and X00 feet riverside of the centerline of the Levee. E?:HIBiT B -SPECIFICATIONS AND DRAWINGS The iollnwing Specif cations go~~ern Contractor's performance of the ~~%ork: "~1~est Platte Sheet Improvenr~nts 'Technical Specifications (Divisions 1 through 6 of the Project i~lanua]j dated November 17, 3003 including appendices. addenda, and all other documents and specifications rcierenced therein. The Drawinl_s governing the Fork are as follows: cover sheet dated November 17, 3003: Sheet Description ~ Sheet No. Cover Sheet 1 General Layout 2 Summary of Quantities 3 Levee Typical Section 4 Typical Section 5 Horizontal & Vertical Control Layout 6 Horizontal Alignment Data 7 Right of vVay ~ Easement Layout Pian 8 - g Sanitary Sewer Relocation Plan & Profile 10 Special Storm & Sanitary Structure Details 11 Sanitary Sewer Removal Plan 12 UVaterline Removal Plan 13 Storm Sewer Removal Plan 14 Levee Plan - Phase I 15 Levee Plan -Phase II 16 Plan and Profile Sheets 17 - 25 Drainage Calculations 26 Drainage Map 27 Storm Sewer Profiles 28 - 36 Detention Pond Detail & Partial Grading Plan 37 Underground Utility Conduit Plan 38 - 41 Temporary Sediment Control 42 Retaining lNall Profiles 43 - 44 Retaining Wall Details 45 Intersection Details 46 - 47 Entrance Details 48 - 54 Signing & Pavement Marking 55 Signing & Pavement Marking Details 56 Construction Sequencing 57 - 58 Traffic Control Plan 59 - 67 Levee Cross Sections 68 - 71 UVest Platte Road Cross Sections 72 - 121 Valley Road Cross Sections 122 - 128 Exhibit B Page-1 Exhibit B Paoe-2 I/~'HIBIT C - PERFORT`~1NCE B02~1D N0: 400SZ8374 FOR THE FAITHFUL PERFORMANCE of each of the terms and sripulation_s of the AGREEMEI`TT $ETWEEN CITY OF RIVERSIDE Ah'D CONTRACTOR, dated f>ecgnber 2003, designated Contra:.-t Ne 2003-11-U7-L, in every particular, Damon Pursell Construction Canpany as Principal, and St. Paul Fire and P1arine Insurance Conpany St. Paul, MN as Surety, hereby bind tbe~nselvcs and their respective heirs, eaecutc~rs; administrators, successors; and assigns, unto the City of Riverside, Three Million Twenty Nine Thousand Six Hundred Sixty Seven Missouri, in the penal sum of and 83/100--($3 029 667 ft3) Mars .- aw money of e mte ~ tesson ~ -_._ properly complete the Work required by the Contract Documents described in the Agreement and pc.:form all of it`s obligations and duties pursua~zt to the tams of the Contract Documents, including, without iiniitation, all z~-arranty obligations and duties and including those wider which Pruzcipal a,~ ees to pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work in the locality as detetruned by the Department of Labor and Industrial Relations of Missouri or by final judicial det~m;netion pursuant to the provisions of Sections 290,210 to 290..340 and 290.550 through 290.580, inclusive, of the Revised Statutes of A~fis.ouri, then this obligation to be void, otherwise to remain in full force and effect.. Surety hereby stipulates and ab-ees that no change, extension of time, alteration or addition to the terms of the Cants, Documents or to the Work to he performed tberew~der shall in any u°ay affect its Exhibit C Page-1 obligation on ibis Bond, and it does hereby waive notice of any such change, c,.tension of time, alteration or addition to the terms of the Contract Docu~-nez~ts or to the Work. Damn Pursell Construction Canpany PRINCIP~ /~;`; Printed Name_ ./n-, /, Title: ~ r-~.; ,-~: Date: /_;2 ;~~'~~. St. Paul Fire and Mari~nsurance Canpany SURETY _ / (Signature) ~ Sue Camarillo Tit c: Attorp~~ i n fact- Date,. __ December 29. X93 The Si;natory of Surety has attached hereto its proof of authorization to bind SuretS~ to tbzs obligation. F,~hibit C Page-2 E~IIBIT D - PA~'NcNT BOND N0: 400SZ8374 Darmn Purcell Construction Canpany and the CITY OF PJArERSIDE, 2v1I5SOLRI, have entered into an .A,~reernent dated Dece~ntx~r 2003, designated Contract No 2003-11-07-1. Darmn Purcell Construction Ccxnpany as Principal, and St. Paul Fire and Brine Insurance Canpany a,5 Surety, hereby bind themselves and their respective heirs, executors, administrators; successors, and assigns, unto the City of Riverside, Three Pillion Twenty Nine Thousand Six Hundred Sixty Sven Missouri, in the penal sum of and 83/100----(~~ 029 667 83) Dollars lawful money of the United States, conditioned that its the event Principal shall pay the prevailing hourl3~ rate of wages for cash cra$ or type of worker required to et;ecute the Work required by the Contract Documents described in the Agreement in the locality ~s determined by the Depa_r-tmcnt of Labor and Jndu_strial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to ?90_;40 and ?90,550 through 290.Sb0, inclusive, of the Revised Statutes of 1\Zissouri, atld shall ii.-ncly pay to the proper parties all amowlts due for material, machinery, equipment and [ools, consumed or used in eon_nection with the construction of such ~~Vork, and all insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for a)1 labor performed in such Work ~x>hether by Principal, subcontractor, or othen~>ise, then this obligation to be void, other~~ise to remain in full force and ef3ect, and the same may he sued on at the instance of any subcontractor_ material supplier, laborer, mechanic, or other interested party, in the name of the City of EZiverside, to the use of such parties, for any breach of the considerations hereof., Sw-ety hereb}~ stipulates and a~~ees that no change, extension of time; alicration or addition to the terms of the Contract exhibit C Pa~c-3 Documents or to the Work to be performed thereunder shall in any wise affect its obligatinr. or tais Bond, and it does hereby waive notice of any such change, extension of time; alteration or addition to the terns of the Contract Documents or to the Warl: Damon Pursell Construction Company PRII~TCIP By; ; '_ Printed Name: ! .:~o //; ~ ~ ,; Title: ~ -c ~ ;-ti- %~~~~7 Date: /,z /-;7~5 ~G-, St. Paul Fire and Mari SURETY Printed Name: Sue Camarillo Title: Attorney i n fact Date: Decerd~er 29, 2003 The Si~~atory of Surety has attached hereto its proof of authorization. to bind Surety to this obli~-ation~. Exhibit C paUc-4 THE AMERICAN INSTITUTE OF ARCHITECTS ~~'~ ), ,.,. ._ AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we DAMON PURSELL CONSTRUCTION CO. 300 North Church Road IHne insert lull name and +ddress or legal itllr ul Conirac br) Liberty, MO 64068 as Principal, hereinafter called the Principal, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY (H<re insert Tull name and addron or Ieg+l 7,tle of Su reiyl 385 Washington Street SL Paul, MIDI 55102 a corporation duly organized under the laws of the State ofMN as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert lull n+me and +ddr<n o~ leg+I Lllc of Owneq CfTYOF RNERSIDE, M0, as ubiigee, hereinafter called the obligee, in [he sum Of Five percent of amount bid. Dollars ($ 5°/n of Amount Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for iMer¢ insert lull name, address and desc nption pl pro7ecU West Platte Road & Levee Improvement Project, Contract #2003-11-07-1 NOW, THEREFORE, if tht Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be spenfied in the bidding or Contract documents with good and sufficient surety for the faithful perlormance of such Contract and for the prompt payment of labor and material furnished in the prosecutson thereof, or m the event of the failure of the Prinapal to enter such Contract and give such bond or bonds, i! the Principal sha8 pay to the Obligee the difference not to excetd the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, Then this obligauon shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of December 2003 DAMO LP ELL CO UCTION CO. L ~~ f Pri cipal) % f5eai) t'78~ L f WimeSS~ ~ ~1~~. (Title) '1 ~ ' ST. PAUL FIRE:p,ND MARINE INSURANCE COMPANY ~ ~ ~ ~ j ~ (Sur2fy) /~ r5ea11 ~:; it ~.;.: - / ~ ,/ (Witness) ~ _~~~L~C--. L ~ ~~'~ I~ , ~~! y :'~~' Sue Camanllo (TRIr) Att mey-irt-Fact AIA pOCUMENT AT10 • BID 80ND • AIA ®• FEBRU~IRY 1970 ED • 7NE AMERICAN INSTITUTE OF ARCHITECTS, 1775 N.Y. AVE., N.W., W^SHINGTON, D. C. :ODOG - ((ff}}pp~~ [~~+ {{.. SG PanlFlre tad bltrino Insurance Company [ioiced.States Fidelity and Gwranry' Cawpan5~ <liifA~~t7u~ily SLPaalCnardianInsitranttCotnp>tny FidelttysndGuarantylnsuranceCun~pan}' St. Paul Merwry lnsuranee~Companv b'1deQty and--Gnaranry insurance Underwrlrers,lnc. SeaboS7dSuretyColdpany SLPaurMedicalLiabilltyInsuranceCOmpany RIDER CONTi~I1VING DISCLOSCIRE NOTICE OI+ TERRtORISM COVERAGE This disclosure notice is required by the Terrorism Risk-Insurance Act of 2002 (the "Act"). No acfion is required an your=part. This Disclosure Notice is incorporated in and a part'of-the attached bond, and is effective the date of the bond. Yaw should Imow: -that, effecti~re November 26, 2002, ;any losses cowered bi the attached' band that are :caused by certified acts of terrorism. would be partially reimbursed by the United 5#ates-under a formula established by'tha~ct: Under this' farrnula, fta United States reimburses ~0% of covered :terrorism losses exceeding the: statutorily. established deductible pall by the insurance company: providing the ~vcrage: .Under the Act, there is a eap an our liability to pay for covered ten-orism losses if the: aggregate amount af.insured, losses under the Act exceeds $1 t10Q00,000;00t): during the appliaable period:for,all insureds and all nsurers.combined. In that-case; we wilt rfat ae liat~fe-'for the p~ymertEdf any:~mount which exceeds that aggrega"te'amt~unt of $~fioopo.oao;o0o, The portion of your premium that is attribntabie to coverage .for acts of terrDrism is 'ta0. IMPORTANT 'NOTE: THE;' Gt7ST QF TERRQRCSM COVERi4GE IS St1BJECT TO GHAtVGE C?N~ANY BC}NDS THAT PREN[IUM IS C.IiAF2G~b,ANNUALLl': The~~~' Fraser of _~tturnec No. ro«'ra oar A'1°roR'v~r':~~ Scubo:u'd Sturh Comp:mc SL Paul hire and Jlarinclasurancc Qnnpnm St. P:ud Guardian Lnsurancc (lnnpam St. 1':ud Jlercun Insurance Cnngrmc l: acted State' Pidelitc mnl Guaramc Company Pidclit~ and Guat'anly Ltsurance Cumpanc I~idelitc and Guaranq Insurance Ilndenyriters. Inc. 23603 ('ertilicatc. !S n. 18 7 5 5 9 9 I~NOK ALI. Ally 131' 7TII'.SE PRI?SLN'rS: Thw Seaboard Surer Compum i. a corpuraiiun duk urgauimd under the I:ms of die Stair of Scu fork and that Si. Pawl Plrc and Al urlnc Insurwcc Compum. tit. Paul Ciuordiun ~IL+nl an ee Cumpnm and St. Paul i~lcrcurc Insurusc Cungwm arc corporations dole oreunimd undo the lint's c(Ihe .State of iAlinnesoln_ and ~hw l'nitnl .tiiaies Fidelin and Ciuuruus Cumpnm is a rnrporuion doh urgnniud under the laws ul the Suue u1 A4uni.wd_ mid that Pideliis tool Guar;un~ Insurwce Compunc is a corporation doh or~~anizeJ under the lay+'s of the State of lo~ca, and chat Pidebtc and Guaranu Insurance linden~riters. Lie. is a a~rporaiiun duh• ureaniicd under the la~~s ul tlur Suue ul N'ixousin (iuo ~•in rollrrti rrk ~nllyd thr~ °Cumponles'7. and ihm the Cnmpauics du hcrchc nuiltc cunstiunr and appoint Sue Camarillo, Kansas City, Missouri; Roger Feaster, Lee's Surrunit, Missouri; Dale A. Gebauer, Raymore, Missouri; Judy A. Whitney, Stillwell, Kansas; Tami L. Griffin, Lawrence, Kansas of the Citc of . Store . their true :wd luu•f ul Atumieci s i-iu-Fact. each in their separate agiacin it inure than our is named aho~c ~n xipn its name m surer tu, and to e~ecmc Heal turd acknovcledec att~ ;wd tdl bonds. undenukiuas. contracts and ocher wrinai instrwuents in the nanire dtereul on hchall of the Contpsuics in their business of giuarunteeine the Gdclin or persons. euaranteeine the perfornnuse or contracts and execmin~ ur suuruuceinp bonds and undert rkiugs required or penniued in arc anions or proceedings ailoo c:i h~ lam. 24`~ July 2003 In R'I~I''S I?SS NlIE12liOF. the Companie> huce eau<ed chi. Instrument to he signed ;uul sealed this _ dos of _ _ - Seaboard Suretc Compam lhtitcd States P'idelit} and Guarmh Gtmpany St. Paul Piro and Marine Insurance Conynutc hidelity and Guarantc Lnsurancc Gmipam' SL Paul Guardian Insurance C'.ompanc Pidelitc and Guw'mtty ]nsurance Undenrriters, Inc. St. Paul &Icrcurc Lrsnrance Company ': ", tv QyxTr ~ ~~~~~. ~. c " n ~1 .. '+ oeU M'p ~ ~ ~ c .. s s ~ c ~ ~"'°° s ~ ~ i -Ib ~ ~ ~ t s° ° ~ F ~' iK~aYRtrto~ ° ~ MC(q~iE~~$ ~~.. i 1927 a ~ SL:n SEAL 3 ~ 7886 ~ 197] g ~ 1951 ~x PGTEIt 1A~. C ARPI-A[C Vice Presidem Slate nl ~7aniund Cil_c of Beltintore f110P9.AS C.. HCIf3RGC I11 ;Assistuni Sccrcuuc 24~' July 2003 On thls day of ___..__ _ .before ns. the undcrci^_ncd ofllccr, personallc ^ppcared Peter N'. Carman and Thomas l:. Huibrectse, e~hu acknooiedged themseh~es to be the Vice President and Assi.ciaw Secretes}, respeciivel~: of Seaboard Surely Company. Si- Paul Pim and \iarine Insurwtce Qnnp,my. St. Paul Guardian Insurmre Company. St. Paul t`{ercurc Insurance Compunc. Coiled Stales Pidelitc and Guarmp• Compunc. Pidelitc and Guarantc Insurance Conipam~. and ]'idelin and Guurunr biauanec Lhtdeneriters. Inc.: :uul that the acids al'lised to the tbrceoing instrument arc the corporate seals of said Comp:mics: and shut thee, as such. beta,, aulhurized ao n, dn. c~ecuted the fin~c~_uing in,a ninient for the purposcc thereto anuained by si~~ning the names of the eorpormions by them>elces m dole am harieed olLeers. 4.~P EAS(FY ~QiG.(i~'Q.~' ~/r`/'7t-a't'n' 0 O in R~itness Whereof, 1 hcreumo set me hood :wd official seal. ~ N~TgRY ~~ A~u~<tc s t`•Ic Conunssiuu expires Lhe la( doe n(Juh, '_00G. ,~ ~o RGRF.CCA 6ASL61=0001 AL.4. Vonirc I'ubliu 9r Cily 86203 Rev.7-2002 Printed in U.S.A. The~~~~ Y0~~1'L:I2 OF AT7Y)RNEI' Seaboard Suretc Comp:un SI. Paul 6irc and \darinc Ltsm~ancc Cungrmc St. Paul Guardi:m Insurance Cumpam SL Paul Alercurc Insurance Companc United Stores I~ idelitc and Guaranty Companc Fidclih and Guaranty luwrancc Company Tidelit} and Gaarant} Insurance Under~eriters. Inc. I'owa' of Altorncc Ku. 23603 (~a~tineate 1i ~ 18 7 5 4 ° 0 I{10N~ AhL ~Il?h BS''171LSF 1'KCSEr:TS: "I~h;u Suihourd Soren Companc is a corpurnion duly organized under die lows of the Stutr of Veu furl:. mul that S:. Paul Fire ant( ~AInrlne iO~nI :In R' Companc. St. Paul GuartGan Insurmcc Compum mal St. Pawl :A-'lercun Insurance Coinpam ore corpnrntlum duk or~_:mired under the lu~r> of die Awe of Alinncwai.:uul that I totted Slate. Pidelhc and Guurunc Cump:mc is ;~ corporation duk ura.miied under the la~cs ul the tiuuc of iAtuniand. and thm Pidelin and Guor;um Insurance Compum is a mrporatinu dole ui'eaniicd under the lao•s of die Suuc of lu~ca. and that Pidchtc rind Guarnnic Insurance C ndenc titers. lac. i> a corpurutiou dole or punized under the la:ac of ihr Scale of 1A~isconsin Ihrreiu rulfrrrireh cn/lyd Nlr °Curnpnntic~ ~7. and that the Companies do hcrchc nuikc. cunstinuc and uppnim Sue Camarillo, Kansas City, Missouri; Roger Feaster, Lee's Summit, Missouri; Dale A. Gebauer, Raymore, Missouri; Judy A. Whitney, Stillwell, Kansas; Tami L. Griffin, Lawrence, Kansas of the Ciic of . ,State . ~hcir tote and lawful :lttomevf s)-in-Pact. each in :heir epurue cnpaun if more than one is nunicd uhu~'c. to si~~n its n.unc as sw~tc tu.:md to execute. seal and uckno~+icd_c ^m and all bonds. umlertakings. contracts and ocher ~criuen insuumenb in the nawre thereof uu hehull of the Companicm in their birciness of ~sWruueei ms the fidelip of persons. guarwteciug the periimuaucr of conuaus :nul executim or ~ uuruueciug iunid* :mil uuda: il.uvs recwiul lit permitt°i iu cw_ .c ~i~~os or i ~~eedim~s ill vad h., lu;c. 24`~ July 2003 IS ~~'ITKP:SS R'IIlr1LI'OP_ the Campania ha~~e caused this inarumcm w be signed and scalod this dac of Sriboard Suretc Companc Gaited States Fidelity and Guar:mtc Companc St. Paul Fire and N:u~ine Insurance Cumpauc Fidelih• and Guarann~ Insurance G:mpanr SL Paul Gum~dian Insw~ancc Compam Pidclitc and Guaranlc Lvsurancc Gndere°ritcrs. Inc. St. Paul ~Iercurc Insurance Compam "_ w qtr ~trv{~, ~ SJti l,.r- a O CSl, c F~. ~C oeroYyfo~ L K _ wcm ~ ii '~ s ~ y\ ~ rs r: " ~ '~. a nruanprtc~ o FORFiFa ~~_ ~ 1927 ~ '~'~ ( S ,~rl ~• sEttt. ~? of 1896 ,(+ ~ X1977 g 3 1951 ~ PL'fL12 Vl. C.V:~IatA. l/ice Presidcul C _^I. ~ ~'7 \ ~. AH+ ~ ~ '~h A1Nb"' 'by ~`~LC / ~ N .Stoic ui Manimid u Ci[c of I3atinuxe 7~HOMAS L' HUIR RfGISE. Asi,a:uu Sccrman On this 24 _.. _. day o~ JUly _ _ _ ___ 2(103 bciixc mc, the undcrsigncd ulLccr, pcrsouullc appeared Pctcr N'. Carman and Thomas G. Huihre~~tse. ~tho ackno~~ (edged thenrcches to be the A%ice President and 4ssisnuu Seereiar~: respectively. of Senbnai tl Surei ~~ Companc. St. Paul Pire ;md Marine hmurmcc Companc Si. Paul Guardian Insurance Companc St. Paul Mci cun• Insurmce Company. L!nitcd Suucs Fidclit~ anti Guurunv Company. Pidcliia :uul Ciuuruttc Lnsurutee Compam', and Fidelitc :nul Guaranlc Insurance l'ndenvriten. lac; Doti ihm the seals ;dfued In the loreeoims instrument arc the coipurate scats of .void Cumpanie>: anti that ihes. ^s such. bcim~ amhorizcd 5o m do. execmed die ~iiregoin~_ in.cmnnem fur the purposes therein aunalned h_c sicnim~ the names nl the corporuioua M ihemschcs as doh uwhoriz<d ufflrcrs. In ~0`itncss ~~'bereul', 1 hereunm sci me hand and ulliriul seal Mc Commission cxpii~s the Ist d:n of hih: 2006_ O ~orARy a~ ue[rC s '4o NO RLRHCGA F_~ASLFS-0N06ALA_ ~otan• Puhlio qE cav 86203 Rev. 7-2002 Printed in U.S.A. 1''09103 16.;;8 In,I 8163_?9R6D1 TR,LNSISTE3f5 iT003.006 E~='~IT i/ - IT y1I~D PROPOS ~I. TiviPROy~BMETIT PROJECT CONTRACT NO. 2003-11-G7-1 TO: CITY OF RI`~RSIDE, MO The undersigned bidder hereby proposes to furnish till 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 ~1~EF /Ya //,a„ j ~ ~~ £ %~.,~~sdn~ S x !dun lour „/ SE'u£nsv S n 1J8~//ar5 dollars ($ 3 0 29 6 77 . B3 ' E~yh,4~. ~Ef GanrS for Bid Item Numbers 1 through ~8. The purpose of receiving unit costs for the following approximate quantities is to allocate costs to various funding sources and as a basis for determining 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 ouantities constitutes all items for the complc'~ion of the work. The contract amount for the Street Improvement shall be the above stated lump sum as accepted by the Ciiy. The undersigned f urther agrees to bemn upon u`~e date stated in the ?notice to Proceed, i f this bid is accepted, and to complete till work as provided in A,-ticle 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 Iowest 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, aad chat it had lawful authority so to do. The undersigned ?urther declares that it has not directly or indirectly entered into anv 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. il'ie par~eiin~ Oi fa,Tiilna 'utlt t0 anV bldder Or blddPr S, Or OLh er perSOP.S, OI any p~ OI 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 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 suppl}-, and has satisfied itself as to all conaitions and quantities, and understands that in signing this Bid it waives all tight to plead any misunderstanding regarding the same. 4. The undersigned hereby aerees to furnish the rcquired'oonds and insurance certir~cates and execute an A~eement within ten (10) calendar days from and after notice of the award of ExhibitE PagA I 1. "09iG3 16:38 F:_S Slc3_'98oG1 TR:1?~SSSS:Ei[S i(1!D04 006 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 i`s best interest, including, but not limited to, enforcement of its rights as to bid security. ~. It is understood that the City will pay in a prompt and timely manner pay estimates when submitted anal approved by the Engineer and further approved by the City Engineer all as provided in the Contract Documents. 6. Undersigned achmowledge receipt of the Plans and Specifications for the project including the following addenda (complete) #, -, _ _ .. ~o~r~o I~• 09.03 ~3 as~~ (a• io-o3 Enc]osed is a certified check, cashiers check or hid bond in the amount of S % ay rvr B,o ~Orn~.,.,r DOLL.~S is j which the undersigned a~ees is subject to being forfeited to and becoming the property of the City as liquidated damages and not as a penalty, together with other lega] renedies the Cin• may choose to invoke; should this Bid be accepted and the Contract be awarded to this bidder and it should fai] to enter into an ~ ~e ~-nent in the form nrese~bed and to furnish the required insurance, bonds and other rewired documents within ten (i0j calendar da~~s as above stipulated, other-~ae the bid security shall be retu.~-ned io the undersigned upon signing of the ~greement and delivery of the approved bonds and other rewired documents to the CitS- of Riverside, Missouri. DA T rD in L .6~_~~~~ this ~Z -day of 17E 1„-~c,e > ~?zo~3 Cone cto Title ~J ~ -~-1 ~o o mot/. CLic.,ee ~~ 20/ G i b c ~.4~ _ /~'Jo 6 S/O G~ Address d'/G - 790 - /03/ Telephone Number Exhibit E Page- Exhibit E Page-4 acoRO. CERTIFICATE OF LIABILITY INSURANCE OP ID MD DATE IMM/DD'YYYVI PURCE01 PROOUCeR 12/22/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cretcher-Lynch & Co . HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR 8511 Hillcrest Road, Suite 300 , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Kansas City MO 64138-2777 . Phone: 816-444-9494 Fax: 816-444-5474 - - - - -__-- _.. ___.. --- --_ _ INSURERS AFFORDING COVERAGE NAIC # -- - INSURED _ wsuRERA Zurich-American Ins. Group - __- -_ Damon Pursell Construction Co ws,;RERH Arch Speciality Ins_Co __2.1199_ - - - Mike Pursell . INSURER c 300 N. Church Rd. _ __ - - -- - - Liberty MO 64068 wsuaeR c - _ ___ __ __ - - - nnvDDnr~ro INSURER E _ THI ~)LI CIES 0611) SURAN CE '' I ~TEU IBC. ]41 HAVT BEEN I'SUEC iC THi_ LVSUR-D Nl MBD !vHOVF FOR TriE PO:.ICV PERIO) IN OICAII U N , ~~JITHSAN DING - ANY R. OLIIRFM CN . TERL4 GR GONDI110N O` ANV CONIRA,,. OH OT'1ER DOCUMEN T WHFI RESI G„T T`J be l-IICH /HIS C_RTIFICATE I4. Y bE 1 3 C'J FD OR , MAl DER IAIN THL INSURANCE AFFOH DCJ HY ll-IE POLIJ L.S DESC RIHEL 1162dN IS SUBJECT TO ALL' I IE TEHMS' EXCLUSIONS ANU CONCH IONS OF SUCH P GLIC IES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED DY PND CLAIM S. INSR WDD'L __ _- _. -. __ ___- __- _ _ _ - ___- - - - LTR INSRD TYPE OF INSURANCE POLICV NUMBER _ __ POLICV EFFECTIVE ' POLICY EXPIRATION-' - -- - - - _- - - DATE (Mh1/D DIYVI DATE (MM/DD/YY) LIMI ---- _ -- -- --- -- TS NERAL LIA 8ILITY L r O ;CURRI NC E s1 000 000 X cOMMERCIAL~ENERALUnBILITV GL0353619400 / / Darr1-TO~tNT 04 O1 03 0 E , , _ 4/01/04 h alslr, o-~ ~nc~ x 1 0 0 000 ' CLAIMS Mv,UE X OCCUR 1qr XP ll ny onepereon _ _ _ - X10, QQO P-RtioNAI nov IN~uRY _. s 1 , 000 , 000 - --- SIN RALAr„2GnTe _ ;2 000 000 GENt AC,~ RECarF ~u,uT aPFUes PER ,. , _ PRO I laouucrs cornwoP Ac;c _ a 2 , 000 , 000 Po~lcv LECr Loc --- - - Emp Ben. -- - 1Mi1/3Mi1 AUTOh10BILE LIABILITY A X ANVALno BAP3536193 COh9HIIJ EO SINGLE LIMIT IEe ~~~oe~,r~ 04/01/03'. 04/01/04 1 000 ~ , 000 AL: OWNED nUTOS ~' - - _ SCHEDULED nUT05 BODILY IN.I LIRY ~ I (Pe person) I MRLD AUTOS .. ____ _._--. -._ -- --_ ' _ NON-OWNED AUTOS HOOILV INJURY I (Pe---oc:aenij ~ ~.... __' _ ..__ _.._ ~ ' PROPERTY DAMAGE ~ (Pei amioenp ' x GARAGE LIA BILITV ~ - AUTO ONLY-EA nCCIDENT ~, 'ANY nUTC '. - - _ ~ OTHER THAN =A ACC 5 ' AUTJ ONLY. AGG 5 __ ~_~ - _ EXCESSIUMBRELLA LIABILITY ~ . FACr'OCCURRENCE SS OO0 Q00 B _X OCCUR cL;,InasMnDE 42ULP12840001 04/01/03 04/01/04 'tic RI.cl.rE , , X5,000,000 -- __ ~ DEDUCTIBLE -- ~ I - I $ $ 'RETENTION 510, OQQ _ WORKERS COMPENSATION AND ' ~' X i I O EMPLOYERS LIABILITY A I RY LIMITS ER -. __ _ ~. _ _ - _ ANYPROPRIE~IOR/PnRrNER/ExecunvE WC3536192 ~ 04/01/03 04/01/04 ' EI IncHACCIDENT s 500 000 oFFlceRrnaEMeER Pxcwoem - - --_.. _ - _-._- -- --- II Yes. eescnbe unaer E.L DISEASP-EA EMPLOYEE, G 500 OQO , SPECIA_PROVISIONS below ______ _ ___ _~ ~ ~EI F'LASG-POLICY LIMIT --. _ _-____ 95DO 000 OTHER , DESCRIPTION OF OPERATIONS /LOCATIONS /VENICE ES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PRDVISIONS Job: West Platte Street & Levee Improvements . The City of Riverside, its employees, officers,& agents & any architects, engineers, or other design professionals engaged by or on behalf of the City are named addl insured with respect to general liability and ins is primary to any other insurance maintained by additional insured which shall (`CDTI CIn /STD unl nr-D be excess or contingent _ IIVIY RIVERI9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES eE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN ~~ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL City of Riverside 2 950 NW Vivion Rd IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Riverside MO 64150 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE '. i,i.-I _... ACORD 25 (2001/08) ©ACORD CORPORATION 1988 1..'09103 16::19 F_LT 5163°95601 TRANSYS'I`?'11S G!7005'OUfi ITEM1"LED PROPOS_4L ITEM I BID ITEM DESCRIPTION I EST. L"VI'T I L'N7T I LtiMP 5L'NI NO• I QTY I_ ~ PRICE PRICE i i ;2" T pe 3-D1 Asphaltic Concrete Surface I 27 2081 S Y I 3 2 19" Tvpe 1-01 Asphaltic Concrete Base i . . . 25.785 S.Y. P.S io v >s~ I I 3 ,~" T pe 1-01 Asph. Concrete Base Under Curb 1 5,3751 S.Y. I ,o zS ' S 9 ~ 4 16" Compacted Sub rade I 33.0581 S Y . S o > 5 ;'S" T e l-01 Asphaltic Concrete Base . . 1,4231 S.Y. , ~ ~ I 6 Ty e CG-1 Curb & Gutter I 8,7881 L.F. I 7 Modified Curb & Gutter at Entrances 2351 L.F. I 8 Median Curb & Gutter (Type CG-1D ) 7.1011 L.F. 3 oi~ ue 1 S 9 8" Concrete Drivewa 386 S.Y. 6 10 i4" Concrete Sidewalk I 5,432 S.Y. _ 11 (Untreated Compacted A gregate ! 250 C.Y. ~ I ', 12 iUnclassrfiea Excavation 20,3071 C.Y. 13 (Embankment I 67,6831 C.Y. S i2 13YG S+">~ 9 14 (Levee Random Fill ' 5.38"1 C.Y. . ~ • i s> c 7 s ! y 15 iLevee Impervious Fill ' 2.5981 C.Y. ~ o /~ 2s Z9 2 7 ~ I 16 (Erosion Control 11 L S . 1 17 ;Storm Sewer 15' RCP . . ~ 804' L r -- ~> »j ~~ ~> moo. ' ~ - ~i 3 : 8 Storm Sewer 18" RCF 1761 L F 0 . ~ 3 ii v z3Y ~z ' I 7 Y I 19 latorm Sewer 24" RCP i i 151,' L F j 20 1Storm Sewer 30" RCP ; 5071 LF 21 ;Storm Sewer 36" RCP . 80; L F ~2 I 22 (Storm Sewer 42" RCF 1 . . 3741 L.F. > 79 iq 129 7 23 ;Storm Sewer 48" RCP I 30! L F . y 61 oa j ', 24 12' x 6' RCB ' . . 871 L.F. 3 y I 25 14 x 4' RCB 1 F 5 L 1 26 15" RCP End Section I . . 1 Ea / 1 27 124" RCP End Section I . 21 Ea y 28 130" RCP End Section I 1j Ea ~y 7 29 ;Standard 5'-0" Type 1 Curb inlet I . 24 Ea 7 ( ' 30 ;Special 5'-0" Tvpe 1 Curb Inlet (Cast-in-Place) ! . 3 Ea. / 2 G3 0 > 3o,Bi3 Gf3 ~ yqy S Y8 31 (Standard 8'-0" T pe 1 Curb Inlet ! 5 Ea. . oe Z 9 --~ ~ ~ 32 'Standard 8'-0" T pe 1 Curb Inlet (Cast-in-Place)( 1 Ea 33 Standard 11'-C" Tvoe 1 Curb Inlet ! . 5 Ea. ~ 34 'Standard Field Inlei 2 Ea 35 SStandard Field lniet (Casi-in-Place) ! . 2 Ea 2 36 1S ecial Field Inlet (Cast-in-Place) I . 11 Ea. ~ 37 Standard Junction Box ~ Ea 38 Standard Junction Box (Cast-in-Place) 11 Ea y 3 j 39 APWA Double Grate Inlet ~ " . 11 Ea S 982 1 40 15 PVC Drain Pipe I 127 L.F. 41 Slotted Drain I 451 L.F 42 ROCkLlnln . 36 C Y 3 . . (Modular Block Retaininc Wall I 20 3541 S F p, ~ 44 142" Chain Link Fence I , . . 5~0 L F 3 G 1 45 (Permanent Pavement Markings . . 1 L S Z 46 (Temporary Pavement Markin s . . 11 L.S. G c y I / 47 IClearin and Grubbing 1) L.S. Q I /Z 48 IMobiiizaiion . 3 / a 11 L.S. ia9 i,0u i0I inC su .o Exhioit E Pale-3