HomeMy WebLinkAbout2000 - 090 - Contract with Comanche Construction for the NW Gateway Rd BridgeBILL NO. 2000-90 ORDINANCE NO. 2000- yD
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A
CONTRACT WITIi COMANCHE CONS"I'RUCTION, INC. TO PROVIDE
CONSTRUCTION SERVICES FOR NW GATEWAY ROAD BRIDGE.
IMPROVEMEN"CS ,AND SETTING A CONTRACT AMOUNT FOR SAME.
BF: IT ORDAINED BY "1'HF, BOARD OF ALDERMEN FOR THE CI"CY OE
RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION I. 'T'hat the Mayor be authorized to enter into a contract
with Comanche Construction, Inc. (subject to the City
Attorney's review and comment), to provide
construction services for the NW Gateway Road Bridge
Improvements over Line Creek,
SECTION 2. The contract shall be in the amount of X435,054.25.
PASSED "CHIS 7Ti~~ DAY OF NOVEMBER, 2000.
Mayor Bet Burch
ATTES'I'•
i'
~.
SECTION 00500
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONT TOR
THIS AGREEMENT, made and entered into this y%~ day of , 2000,
by and between the City of Riverside, Missouri ("City"), and st-T„~t- ~ nn ~~
("Contractor"), shall govern all Work to be provided by Contractor for City on the Project.
o2~pD~
WHEREAS, Ciry, under the provisions of Ordinance No.2~, duly approve and
by virtue of the authority vested in the City by the general ordinances of the City, intends o 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 and his or her designee(s) (collectively, the "Administrator") are
authorized to perform the contract functions herein; and
WHEREAS, the Administrator may designate an engineer, architect, or other person to assist
the Administrator in performing his or her functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, 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 the Drawings
(Section 00950) and the Specifications (Division 1) included in or referred to in the
project manual titled "Contract Documents and Specifications," dated October 12`h ,
2000, 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 areas, (2)
generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability
and cost of materials, tools, and equipment. City shall not be required to make any
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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 the unit prices multiplied by the
estimated quantities as listed in the Bid Form. 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 A reement shall not exceed the appropriation contained in
Ordinance No ~ (,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 as 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, Paragraph
F of this Agreement) of all the Work not later than 180 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 dollars ($1000.00), as liquidated damages and not as a penalty, for each
calendar day after this date until Contractor achieves Substantial Completion.
Contractor shall achieve Final Completion of all of the Work not later than 270 calendar
days after the date indicated in the Notice to Proceed for commencement of
performance of the Work. If Contractor fails to achieve Final Completion by this date,
City shall retain Five Hundred Dollars ($500.00), as liquidated damages and not as a
penalty, for each calendar day after this date until Contractor achieves Final
Completion.
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.
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 are required from City.
Upon City's written approval of the schedule, Contractor shall comply with it unless
directed by Ciry 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
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and the Project. Neither the original schedule nor any update shall exceed time limits
current under the Contract Documents.
E. In the event the 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, the
Administrator may, in the 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 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 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 CITY OF RIVERSIDE AND CONTRACTOR.
2. 'The DRAWINGS (Section 00950 and the SPECIFICATIONS (Division 1)
included in or referred to in the pro~ect manual titled "Contract Documents and
Specifications," dated October 12` , 2000.
3. The Contractor's completed BID FORM (Section 00300).
4. The Contractor's completed SCHEDULE OF RATES FOR EXTRA WORK
PERFORMED ON A TIME AND MATERIALS BASIS (Section 00600).
5. PREVAILING WAGE RATES (Section 00700).
6• PERFORMANCE BOND (Section 00800).
7• PAYMENT BOND (Section 00810).
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8. SUPPLEMENTARY CONDITIONS (Section 00900).
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts
observed by Contractor have been called to City's attention in writing and have been
resolved in writing to Contractor's satisfaction. Except for actual conflict between
provisions in the Contract Documents, making it impossible for Contractor to comply
with all provisions of the Contract documents, the Contract Documents shall be
cumulative, and Contractor shall comply with all provisions of all Contract Documents.
In case of actual conflict, Contractor shall notify City of the conflict in writing and then
shall comply with such provisions of the Contract Documents as City directs.
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
furnished 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 delivery of Contractors application and all supporting documentation
to Ciry'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 the
Administrator. The Administrator shall review each application for payment and
certify for payment such amounts as the Administrator determines are due Contractor.
From the total amount certified, the Administrator shall withhold five percent (5%) as
retainage until Substantial Completion of the Work, as defined in Paragraph 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. _. Payment shall be made
to Contractor after the Board of Aldermen review and approve the payment and
authorize the Mayor and City Treasurer to sign and deliver the check.
D. Neither the Administrator's certificate nor payment made to Contractor shall constitute
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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 Ciry 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 the 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 the Administrator's certification that 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%) of the value of each
item, as determined by the 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 the Administrator issues his or her certificate to that effect. City,
within 30 days after the delivery of the Administrator's certificate, shall pay Contractor
all remaining funds which Contractor is due under this Agreement.
H. Acceptance of final payment by Contractor shall release City from all further obligations
to Contractor, except as to such amounts, if any, Contractor has identified in its
application for final payment as claimed by Contractor. All claims not identified in the
application for final payment are waived.
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.
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ARTICLE VI
CHANGES
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 any change causes an increase in the cost of Contractor's performance, the Contract
Amount shall be increased 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 the unit prices as listed in the Itemized Proposal,
(2) on a time and materials basis in accordance with Section 00600, Schedule of Rates
for Extra Work, or (3) on the basis of reasonable expenditures and savings of those
performing the Work attributable to the change, including, in case of an increase in the
Contract Amount, a reasonable allowance 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 supervision and field office personnel directly
attributable to the change.
If a change to the Work causes a decrease in the cost of Contractor's performance,
the Contract Amount shall be 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, by an amount determined in accordance with the unit prices as listed in
the Itemized Proposal. 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.
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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 final settlement of all matters
relating to the change in the Work which is the subject of the Change Order, including
but not limited to all direct and indirect costs associated with such change and any and
all adjustments to the Contract Amount and 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 separate contractor engaged by or on behalf of City,
or by changes ordered in the Work, an act of God, fire, or other cause over which
Contractor has no control and that Contractor could not reasonably anticipate, the time
for performance of the Work shall be equitably extended, provided that Contractor
gives notice as provided for in Paragraph 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
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:
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
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- Products/completed operations
- Personal/advertising injury
- Broad form property damage
- Independent contractors
- Explosion, Collapse, and Underground Damage
2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor,
City, and its employees, officers, and agents 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 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 "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 indemnity obligations of Contractor under
the Contract Documents. Each policy providing general liability or automobile liability
coverage shall, in form satisfactory to City, (1) name as additional insureds City, its
employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City, and (2) provide that it is primary to any
other insurance maintained by any additional insured, which other insurance shall be
excess or contingent.
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 Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City,
Contractor, subcontractors, and suppliers. This insurance shall be written as a
Builder's Risk/Installation Floater, "all risk" or equivalent form to cover all risks of
physical loss except those specifically excluded by the policy and shall insure at least
against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and
vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal,
flood, earthquake, earth movement, water damage, wind, testing, 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. This insurance
shall remain in effect until final payment has been made to Contractor or until no
person or entity other than City has an insurable interest in the property to be covered
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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 furnish 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 Ciry's designated representative not
less than seven days before Contractor first performs any of the Work. All policies
except Workers' Compensation and Employer's Liability shall contain a waiver of
subrogation in favor of City and its employees, officers, and agents.
F. Contractor also shall maintain any additional insurance coverages and any higher
amounts 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 permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City, from and against claims,
damages, losses, and expenses, including but not limited to attorney's fees, arising out
of or resulting from the performance of the Work, provided that such claim, damage,
loss, or expenses is attributable to bodily injury, sickness, disease, or 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 of omissions of Contractor, a
subcontractor or supplier, or anyone directly or indirectly employed by them or anyone
for whose acts they may be liable, regardless of whether such claim, damage, loss, or
expense is caused in part by a party indemnified hereunder. This obligation is not
intended to, and shall not, negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist as to a party or person described in this
Paragraph 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 indemnification
obligation under Paragraph A shall not be limited by a limitation on the amount or type
of damages, compensation, or benefits payable by or for Contractor or a subcontractor
or a supplier under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
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ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and
agents from and against any claim, action or suit that may be brought against them for Contractor's
infringement of any Letters Patent in the performance of this Agreement or any breach or violation of
trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees,
damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of
any such actual or alleged infringement.
ARTICLE 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 working for Contractor, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent upon or resulting from the award of making of this
Agreement. For breach or violation of this warranty, City shall have the right to void
this Agreement without liability and, in its discretion, to deduct from the Contract
Amount, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
B. Contractor hereby represents and warrants that no payments have been or shall be
made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any
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 property chargeable to City.
For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate
times for proper percentages of completion and for payments to subcontractors and suppliers. For any
Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder
include, but are not limited to all contracts, subcontracts, material bills, correspondence, accounting
records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to Ciry'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.
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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 Ci For Contractor:
Ms. Betty Burch , J~ ,(„-z
Mayor ~~ c~ ~;oJ,~~
P.O. Box 9135 Q~>< ,~,~ 8
4500 NW High Drive ~~~ ~ ti~Q j~,~, ~.~ ~s GL ZSS
Riverside, MO 64168
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.
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 exercise its right to take over and complete any part or all of the Work, City and
its designees shall have access to and may take possession of Contractor's materials,
tools, equipment, and other items at the Project site, en route to the site, or in storage
or being manufactured or fabricated away from the site, as may be necessary to
prosecute the Work taken over by City, and may employ Contractor's employees or
former employees, all without any liability to Contractor.
D:\96313\W PC\SPECS\CONTRACT DOCUMENTS\00600.DOC 00500 - 11 BW R Project No. ~6-313
C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever
not limited to the cost of labor, supervision, materials, tools, equipment, services,
overhead, travel, and legal and accounting fees. Contractor also nature incurred by
Ciry as a result of any default by Contractor, including but shall be liable for and shall
pay to City all charges, liabilities, fines, penalties, losses, damages, and claims
sustained by or assessed against City as a result of any delay or disruption resulting
from any default by Contractor. The total amount of such costs, expenses, charges,
liabilities, fines, penalties, losses, damages, and claims may be deducted by City from
the amount, if any, otherwise due Contractor, and Contractor shall pay Ciry the full
amount of any excess of such total amount over the amount otherwise due Contractor.
D. No right or remedy conferred upon or reserved to Ciry by the Contract Documents is
exclusive of any other right or remedy provided or permitted in the Contract Documents
or by law or equity, but each right or remedy is cumulative of every other right or
remedy,-and every right or remedy may be enforced concurrently or from time to time.
No exercise by City of any right or remedy shall relieve Contractor from full and
absolute responsibility for all of Contractor's obligations under the Contract Documents.
E. No failure or delay of City to give notice to correct any default of Contractor or to
exercise any of City's rights or remedies shall 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.
O:\96313\WPCISPECS\CONTRACTOOCUMENTS\0o5oa.DOC 00500 - 12 BWR Project No. 96-313
B. With each Application for Payment submitted by Contractor to City, the Contractor shall
include (a) a signed statement, in a form acceptable to the City, showing, for each
weekly payroll period that ended during the period covered by the application for
payment, the name, address, social security number, occupation, and craft of each
worker employed by Contractor in connection with the Work and, for each such worker,
the number of hours worked each day, the total hours worked during the payroll period,
the gross amount earned, an itemization of all deductions, and the net wages paid and
(b) a corresponding statement from each subcontractor of any tier that employed any
workers in connection with the Work during the period covered by the application for
payment.
C. This Agreement shall be governed by and construed in accordance with the laws of
the State of Missouri.
ARTICLE 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 Ciry
to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any or all of the Work
shall be in writing and shall provide that City is an intended third-party beneficiary of the
subcontract or purchase order.
C. Each subcontract or purchase order issued by Contractor for any or all 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 inspector 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,
4:\96313\WPCISPECS\CONTRACTDOCUMENTS\00600.DOC 00500-13 BWRProjectNo.96-313
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 Ciry or non-compliance, City may implement appropriate 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.
ARTICLE XIX
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the performance
of the Work, and shall carry out its responsibilities in accordance with customarily
accepted good professional practices. 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, the Administrators 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 by
law 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
0196313\WPC\SPECS\CONTRACTDOCUMENTS`,oo5o0.DOC 00500-14 BWRProjectNo.96-313
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, rules,
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 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 ion 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 the City for
any purpose.
ARTICLE XXIII
CONFLICT
Contractor shall promptly upon discovery advise the City of any conflict, ambiguity or
inconsistency in the Contract Documents, or between any Contract Document and actual field
conditions, and the Ciry 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 the Administrator, a payment bond and a performance bond in the forms at Sections 00800 and
00810, or in another form approved by the 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 shall be included in the Contract Amount.
O:\96313\WPC\SPECSICONTRACT DOCUMENTS\00600.DOC 00500 - 15 BWR Project No. 96-313
ARTICLE XXV
SEVERABILITY
Should any specific provisions of this Agreement 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 the City shall be made because of the City's preparation
of this Agreement.
ARTICLE XXVII
ATTORNEY FEES/DISPUTES
A. In the event of litigation between Contractor and City concerning the Project or this
Agreement, the prevailing party shall be entitled to recover from the other party its
reasonable attorney fees, costs, and expenses arising from such litigation.
B. If Contractor refuses to 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 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 constitutes the entire agreement between the parties with respect to its 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 or any Exhibit hereto
may be amended, changed, or supplemented only by written agreement executed by both of the
parties.
0:`,96313\W PCISPECS\CONTRACT DOCUMENTS\OO500.DOC 00500 - 16 BWR Project No. 96-313
THIS AGREEMENT shall be binding on the parties thereto only after it has been duly
executed and approved by the City and the Contractor.
IN WIT ES HEREOF he parties have caused this Agreement to be executed on this ~~
day of 000.
CITY OF RIVERSIDE
By: ~ )ate., ~Z ~. _ ~~.
MAYOR
A ES
CI CLERK ~-c'm~~~ ~~~: %~`c
{CONTRACTOR'S NAME HERE}
By:
Pri ted~N~ame: JoP .t~~T~
Title: ///~,% ~.r.~,~
END OF SECTION
Oa96313\WPC\SPECS\CONTRACT DOCUMENTS\00600.DOC O~S~I) - ~ 7 BW R Project No. 96-313
SECTION 00300
BID FORM
PROJECT IDENTIFICATION:
The Work, NW Gateway Road (US 69) Bridge Improvements over Line Creek includes, but is not
necessarily limited to furnishing all labor, equipment, and materials for the construction of the base
bid and all alternate work items. The Bid includes grading, pavement removal, removal of existing
structures, concrete pavement, placement of precast structural members, traffic control, and all
other necessary work for and included in the Contract Documents.
CONTRACT IDENTIFICATION AND NUMBER:
NW Gateway Road (US 69) Bridge Improvements over Line Creek
City of Riverside, Platte County, Missouri
October 12`" ,2000
THIS BID IS SUBMITTED TO:
OWNER: City of Riverside, Missouri
(P.O. Box 9135, Riverside, Missouri 64168)
4500 High Drive
Riverside, Missouri 64150
1.1 The Undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with OWNER in the form included in the Bidding Documents to perform all Work
as specified or indicated in the Bidding Documents for the prices and within the times
indicated in this Bid and in accordance with the other terms and conditions of the Bidding
Documents.
2.1 Bidder accepts all of the terms and conditions of the Bidding Documents, including without
limitation those dealing with the disposition of Bid security. The Bid will remain subject to
acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder
may agree to in writing upon request of OWNER.
3.1 In submitting this Bid, Bidder represents, as set forth in the Bidding Documents, that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related
data identified in the Bidding Documents, and the following Addenda, receipt of all
which is hereby acknowledged.
Addendum No.
Addendum No. ~
Date: ~~~.~~ ZB; ~JO
Date: I/c~~r~ ~ Zooo
Addendum No. Date:
B. Bidder has visited the Site and become familiar with and is satisfied as to the general,
local and Site conditions that may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
O:!963t3~WPC'SPECS~CONTAACT CCCUMENTS\OOJCO.DCC 00300 - 1 BWR Project Na. 96-313
Regulations that may affect cost, progress, and performance of the Work.
D. Intentionally Omitted
E. Intentionally Omitted
F. Bidder does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of this Bid for perforrnance
of the Work at the price(s) bid and within the times and in accordance with the other
terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER and others
at the Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site. reports and drawings identified in the Bidding
Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Bidding Documents.
Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and the written
resolution thereof by ENGINEER is acceptable to Bidder.
J. The bidding Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for the performance of the Work for which this Bid is
submitted.
4.1 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf
of any undisclosed individual or entity and is not submitted in conformity with any agreement
or rules of any group, association, organization or corporation; Bidder has not directly or
indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not
solicited or induced any individual or entity to refrain from bidding; and Bidder-has not sought
by collusion to obtain for itself any advantage over any other Bidder or over OWNER.
O:'.9b~13\W PC`,SPECS'~CGNTRACllC0300.000 ~~300 - 2 8WR Project No. 96-373
5.1 Bidder will complete the Worts in accordance with the Contract Documents for the following
price(s):
UNIT PRICE SCHEDULE
UNIT TOTAL
ITEM pESCRIPTION QUANTITY UNIT COST COST
t. Mobilization 1 L.S. ~ 000 ~~ 37oo~p'
2.
Contractor Construction Staking
1
L.S.
?moo `- _~
3Z~
3.
Clearing and Grubbing
1
L.S. o~
~15~ -' o~
//~J
4. Partial Removal of
1
L
S o.
S~~ ~ o~
5~~
Substructure Concrete .
.
S_ Curb Removal (Bridge) 110 m ~~ 'J /7~
6.
Ctass 1 Excavation
70
cm o~ ;
~ e_~
5~~0 /~/
7.
Class 2 Excavation
94
cm O J
/ _ O ~ C.~ '
~/~s~o
8.
Pedestrian Fence
108.5
m
o~.~~~- v
~~~Z
9.
Structural Steel Piles (250 mm)
210
m ~
/ _~
0~5~/1~
10.
Structural Steel Piles (360 mm)
32
m o~
/.30 o~
'S~/!oo
t
S
b
t 49
2 cm /~`~o ~~ ~~~` d J
11. ure)
s
ruc
u
Class B Concrete ( .
12. Class B-2 Concrete
~7~ ~~
~09Zo
(Superstructure Tee Girder) 52.8 cm
2 ~0~ ~, ~O moo ~J
13. Safety Barrier Curb _ 10 m c .
14.
Sidewalk (Bridg®s)
186
sm O J
~~~ J O "~
01/390
15.
Plain Neoprene bearing Pads
e
Each cv
w °~
~o
16. Laminated Neoprene Bearing Pad s 12 Each ~gr 2z~ '
17. Prestressed Concrete Double
h
E ~~~
~~oo~
Z Z ~Do
Tee Girder (10.5 m span) 4 ac
18. Prestressed Concrete Double o,
G Loo 7~ ~~ °=
Tee Girder (14.5 m span) 4 Each a
7~ z~
19. Reinforcing Steel (Bridges) 5 035 kg ~' ~~//
20.
Reinforcing Steel (Epoxy Coated)
3 750
kg ~
~ ~ _o
~5~~ S
C.`.56313`.VJPC`.SPECS.CCtiTnACT DCCUbL-NTSDv3U0.DCC 00300 - 3 3VJR ?tojea Nc. 90-3' ~
21. Fabricated Structural Carbon ~ o;
Steel (Miscellaneous) 120 kg ~_ /O
22.
Slab Drain
28
Each 0
!__U :?-- 0
~ ~~
23.
Vertical Drain at End Bents
2
Each OJ
~/
~ 6 v
//03o J
24. Furnishing Type 2 Rock Blanket 500 cm -7
~ / ~ /~SO~ '
25. Placing Type 2 Rock Blanket 500 cm o?r ~ /ZGr~o
26.
Earthwork
1
L.S. / ~, e ~
~~yGF7' D J
/(iooo
27. 380 mm Reinforced Concrete ~ ~7~ ~~
Pipe (Class II{) 31 m ~_
28. 750 mm Reinforced Concrete ~
~/y o,
'~9~~
Pipe (Class III) 38 m
29.
Setback Curb Inlet
1
Each n
.~~DO m~
~ 8"00
30. Concrete Flared End Section 1 Each Go ~ ~~ ~~
31.
Traffic Control
1
L.S. ~y Di
!~ q ~i
90~
~~ GS~D
32. Sodding 1460 S.M.
z~
TOTAL BlD ~ ~-~/a~~
Each unit price includes all overhead and profit
Bidder acknowledges that estimated quantities are not guaranteed, and solely for the purpose cf
comparison of Sids, and final payment for all Unit Price Bid items will be based on actual
quantities provided, determined as provided in the Contract Documents.
6.1 Bidder has attached Bid security as provided in the Instruction to Bidders
Ci~9E3t34::PCISPEC55CONTRACT Doc UMENTS~OC~GO.DOC 170300 - 4 6vlR ~rc~bC, No. 96-313
SUBMITTED on ~~xi /~ , 2000.
State Contractor License No.
BIDDER'S SIGNATURE
An Individual
Name (typed or printed):
By:
(Individual's Signature)
Doing business as:
Business address:
Phone No.:
Fax No.:
A Partnership
Partnership Name:
By:
(Signature of general partner -attach evidence of authority to sign)
Name (typed or printed):
Business address:
Phone No.:
Fax No.:
A Comoration
(SEAL)
(SEAL)
Corporation Name: C.o//i//~~~~P (,p,~s,-~,~crro.,~ ~ C,
State of Incorporation: /«s~
Type (General Business, Professional, Services, Limited Liability): Concrete Finishers
By:
(Signature -attach evidence of authority to sign)
Name (type~d/or pri/n~ted): ~ o~ . i Z-
Title: ~/i~Cf~R-~~•~
(if applicable)
0.,96313~wPC'SPECS'~CONTRACT.oo300.DOC 00300 - 5 BWR Project No. 96-313
(CORPORATE SEAL)
Attest:
(Signature of Corporate Secretary)
Business/address: ~ ~ /`~iSg
~h~,,y~e /~~/SS/a~' ~t'~s4s ~ GZBs
Phone No.: ~/..3- 7~Z- Z9~y Fax No.: 9i3 - ~~Z-G~Gj
Date of Qualification to do business is irk ~~9
A Joint Venture
Joint Venturer Name:
(SEAL)
By:
(Signature ofjoint venture partner -attach evidence of authority to sign)
Title:
Business address:
Phone No.:
Fax No.:
Phone and FAX Number, and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership,
and corporation that is a party to the joint venture should be in the manner indicated
above.)
END OF SECTION
O°.963t31WPC,SPECS'~CONTRACnCa3C0.DOC 00300 - 6 BWR Project No. 96-313
PROPOSAL ~8 ~~ ~d, INC. CONTRACT
P.O. BOX 215 TEBBETTS, MISSOURI 85080
573-295-4403
T0:
NAME OF JOB/LOCATION:
LETTING: NOVEMBER 21, 2000
DATE: NOVEMBER 21, 2000
OV6`NER ISLE OF CAPRI CASINO
ARCH: KUHLAfANN DESIGN GROUP, INC.
PROJ. N0. 990281, CONTRACT NO. 0001, BOONVII-LE, N1I$SOURI
BRIDGE NO. A711
FABRICATED STRUCTURAL STEEL BEALt BRIDGE(A709 GRSOVI~
82,520 POUNDS ~t PER LB .................._...F.O.B. TRUCKS JOBSITE S 84,600.00
LAVIINATED NEOPRENE BEARINGS(STEEL STRUCTURE)
18 ~ PER EACH ........................................F.O.B. TRUCKS JOBSITE S 343.00
ADHESI~-~lCLEANER FOR BEARINGS
1 REQUIRED a~ PER EACH ......................F.O.B. TRUCKS JOBSITE S 60.00
SLAB DRAINS
l0 ~, PER EACH ........................................F.O.B. TRUCKS JOBSITE S 95.00
NOTES:
• NO PAIIv'TING INCLUDED IN ABO~~~ STRUCTURAL STEEL PRICE.
THE ABOVE BEARING PRICE INCLUDES ANCHOR BOLTS, NUTS AND WASHERS.
THE ABOVE PRICE INCLUDES SALES TAB.
ALL OR NONE
TERSIS OF Pe1t1ENT. Peym ante snail be made by Suyer on [ne t Rn d Bean manta for the ~elue d materiels andlar labor Nrnisn ed during the
prevlaue month end ail peym ante eh ell be payable to Geller d 7ebbette, Mlseourl. Paymante made eRer the t Dth d each month shell et Seller's
option beer Interest e[ the rate dt ~ rz%per montn. In the event d suit m Buyer's eooou nt. Buyer agrees to pay ell reasonable aaeta Inourr ed by
Seller Inducting a reason able Marneya tee In eddl[lon to any prlnol psi entl Interest awed In ell silicas between Buyer end Seller the vertu a en ell be
In the Countyd9elle/e reeldence.
In me Interpretetlon d[hla propaul the Terms entl ProM al one d the Durr ant Etlltlan d me Oade d Stan tlertl Pradlae d the am erloen In stltute d
Steel Oon aVU ae dt, Inb. andl apply etoep[ ee dnerW ae pravldetl. No dlowen ae will be made tar labor, repaln ar elterdlone pertarmed by Ne
buyer, without the eeller'e written consent In no case eh ell the seller be liable for more Gen the price charged for ouch materld ae may prow
tldeatl ve d n d In eoodtl W to [n a spealll aa[lon •.
Seller I• nil roe pan •Ible Tar tlem age to en op coat d pilot duets e>paW re to weetn er aeusad by delay In snlpm en t, ebUSea In unloading, erection W
dher ceuaee beyond hie control. Delivery f.0.0, care le based on carload shlpmente end price Is esdualve d all gip offing, eWtching or dher
ddlvery an Bgee rt dea[Inetlon unleu auan on er gee ere inoiu dad In the Inboun d race.
Tide to th a meted el aoveretl by Nis contrail pessee [o [rte puran seer an oe It le }ebrl oeted end before I[ Is loetletl onto [ru aka for aM pment K Seller's
plant.
D ellvery F.QS. Rusk bull ding alto, meen• deliver to [net pdn2 wnlah la near eat [o [rte pl eoe d use end Wtlan aen be reason ably region ed upon
edequ eta raede to an avdleble. Truata[a be unleaded wRnaut unreeaan able daisy.
Vfi en qu dJn g on m eterl d ddlvered en d eroded It I e aaeu m ed Ih et elth er rill road track a or edequ ate road s ere n ow oval I ebl a or W II be p rod dad b y
aN ere. Sud1[tlok•ar roads to ettendto ar lmmedfady don galtle the pilot duce.
The above Items d peym ant ueuma to et Me buyer nee • fWOreble dedlt aten ding enC If In veati getlan snaultl In dlaele dnerW ae or It a< any time
Gore are unfevareble devil opmente which, In Ge edeJudpment d sailer effect the buyer's credit rating or the statue d hie account the seller may
require new terms d paym en[ blare praoeetling fu rtn et Wtn MI• aanlNd. looepten oe by the Seller d less to an rJll peym ant •n ell nil be • waiver
d any dhla rlpMa
The eaecutlon d Ge work covered by thle agreement le contln pent upon etrlke, accldenls, flrae, floods, dalaye by rolling mllla or tren sportatlon
oom penlee, ode d dNl d military eu[h dltlN d doer aeu see beyond aUr oanRd.
The amount to be pdd hereunder an ell be •ubJed to the edd[I an d any fetler ai, state ar doer tat Imposed by etleting ar Nture law, ar ruling, upon
Ga silo, tree eportell on, febrlcetlon or ereetl on dthe meted d. No salsa a uea tease ere Included the qudatlon unless so states. If ealae or use
team re appllaeble en d n d a[ated above. It I a to b e adi edetl M d r emlRetl c-rootl y ca to a [etl n g N[n arlty by to a Puran es er
It le expreuly egreel to at There ere no promlaea, egreemenH ~ underabndnga aubltle d tnl• contrail and any au baequ one aen aeu atl ono ar
modlAcatlone must be mutu ally agreed a pon In writing.
TNIS propped le for Immetll e[e eaoepten oe and en ell pon stltute a aantred d ule Mar baing eaoepted by me Buyer entl eoaepten oe 1•
acknowledged bythe 5 ail er In Yrlting et IL afh ae In Tebb Ma, W Issou rl
Accepted: By: JAMES P. DELONO, SENIOR VICE?RESIDENT
Final Acceptant. DeLONO'13, Inc. at Tebbette, Mieeouri
Dote: By: JAMES P. DELONG, SENIOR V ICE~RESIDENT
f{n'd.21.2ppp 12t1L+PP1 LOCb:TGN NO.EpA P.1i1
^~®~
~. v.,
insnrnnce and ]Usk Management Spccialist9
FAX TRANSMITTAL
~_~
Date: November 21, 2000 Total Pages Sent: 2
(Including Cover Sheet)
Company: Comanche
Attention;; .Toe Rite
Regarding: Job completions
Sender: Dale L. lvlaxwell
Sender's ;?hone: 816-960-9137 Sender's Fax: 816-960-9099
NQTICE OF CONFIDHi6TIALTI'P: The documents accompanying this telephone transmission facsimile tut confidentieL 1e8aIlY
privilege( and the exclusls'e property of the sender: The transmitted information is intended e~tclusivcly for the use of the tndivjdual
or enrity'.[o whom tho documrnt5 Should be delivered. If you arc not the intended recipient, you art• hefeby notified that any
disclosure, copying distribution or ectlon taken In teliancc on [he wntena of this telephon: transmission is strictly prohibited. If you
have rece',ved this telephone Vansmission in error, please notify the sender immediately by telephone of attange for the return of tJte
transmitu'd documents.
Message:
Joe,
The instuallce policies for the foIIowing projects will expire as follows;
I-70 job- Jib # J410073 expires 12!31/00
I-1t35 job--Job#J411250 expires 12/31/00
Bridge ReF,.ab- Athens, GA Sptost N -expires 12(31/00
Cartersvillt;, GA -expires 12/31/00
Please rev'~:w and let me know if we need to extc-nd the insurance for these respective jobs. If we do
need to srtd, please put in writing the reasoning why the extension is needed and any additional job
co s.
ale axv/ell, ARM
Company's Fare Number: 913-782-6166
IL1Ci:TO',V CO'r("~'V1E5
448 W. 47th SVeet, Su1te 900lKansas City, ZwfO 64112-1906/(8!6) 96D-9000/FAx (816) 960-9D99
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