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HomeMy WebLinkAbout1996-108 - Contract with R.K. Breit Construction ServicesBILL NO. 96-108 ORDINANCE NO. 96-~~ AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH R.K. BREIT CONSTRUCTION SERVICES TO CONSTRUCT A 600 FOOT EXTENSION TO THE SANITARY SEWER LINE ON N.W. GATEWAY AND ACCEPTING A BID PRICE OF $31,831.50 FOR CONS'RUCTION OF THIS PROJECT. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: WHEREAS: Sealed bids were appropriately advertised and formally opened at 11:05 a.m. on September 25, 1996, and WHEREAS: Bids had been solicited using 600 feet of ductile iron pipe and also with an alternate for 600 feet of PVC, and WHEREAS: All six bidders submitted both the original bid and and alternate, therefore Section 1: The Mayor is authorized to enter into a contract with R.K. Breit Construction Services, Raymore, MO for the construction of the sanitary sewer extension project on N.W. Gateway. Section 2: The bid accepted is for $31,831.50 and is using the ~.~riginal ductile iron pipe. Section 3: The City Administrator is directed to i.i;t,ue a Notice to Proceed following a Pre~Construction Conference. Section 4: This ordinance shall be in full force and effect from an after its passage this 1st day of October, 1996. PASSED THIS 1ST DAY OF OCTOBER, 199 ~s~ L Mayor Ed Rule ~' ATT T: ~.~! u u~(ilt s1- i~li -l,C'~J ~~ .J`'yw Grace Kemerli g, City C~ rk APPROVED THIS ~< JZ~LDAY OF OCTO 996 /- / Mayor Ru e AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR FOR Gateway Sanitary Sewer Line Extension Project Title CONTRACTOR: R.K. Breit Construction Co. CONTRACT NO: 96-06 CONTRACT PRICE: $31,830.50 CONTRACT NO. 96-06 _ THIS AGREEMENT, made and entered into this 19th day of December, 1996, by and between the City of Riverside, Missouri, ("City"), and R.K. Breit Construction Co. ("Contractor ), shall govern all labor, material, equipment, and services to be provided by Contractor for City on the Project described herein. WHEREAS, the City intends to construct or perform the Project described in these Contract Documents; and WHEREAS, the City of Riverside, under the provisions of Ordinance No. 96-108 duly approved October 25 1996 ,and by virtue of the authority vested in the City by the general ordinances of the City, intends to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by the City to execute contracts on behalf of the City, and the City Administrator and his or her designees (collectively, the "Administrator") are authorized to perform the contract functions herein; and WHEREAS, the Administrator may designate an engineer, architect, or other person to assist the Administrator in performing his or her functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, material, equipment and/or services as set forth herein; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to undertake such an assignment; NOW THEREFORE, in consideration of the mutual covenants and considerations herein contained, IT IS HEREBY AGREED by the parties hereto as follows: ARTICLE I THE PROJECT -- Contractor shall provide all Work for City's Project Number 96-06 The Project is generally described as follows: Extension of approximately 600 lineal feet of sanitan! sewer line located on NW Gatewa Riverside Missouri. "Work", as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision and management nece:>sary " to accomplish the results and objectives described in Exhibit A, Scope of Work, Exhibit C, Specifications and Drawings, and the other Contract Documents, including all duly executed Change Orders. The Contractor and each subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation (1) the location, condition, layout and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) anticipated labor supply and costs, and (4) availability and cost of materials, tools, and equipment. The City shall not be required to make any adjustment in either the Contract Amount or the Schedule in connection with any failure by the Contractor or any subcontractor to comply with the requirements of this paragraph. ARTICLE II CONTRACT AMOUNT Provided Contractor performs all Work in accordance with the Contract Documents, City shall pay Contractor the lump sum amount of Thirty-one thousand, eight hundred thirtydollars and fifty cents ($31,830.50). Such 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. " This Agreement is subject to the City Ordinances, and payments hereunder shall be limited to the amount of particular appropriation for the Work hereunder by the Board of __ Alderman. The total payments under this Agreement shall not exceed the appropriation contained in Ordinance No. 96-108 authorizing the Work, and Contractor shall not seek, rior be entitled to, payments exceeding such amount unless the City directs Contractor in writi~ig - to perform additional work pursuant to Article VI of this Agreement, and City enacts another ordinance authorizing such amounts as City agrees to pay under Article VI. ARTICLE III SCHEDULE/EFFECT OF DELAY A. Contractor's obligations to perform Work shall begin upon the Commencement date listed below, unless otherwise directed in writing by the Administrator. Contractor shall comply with all schedules furnished by City, including the following: Activity Commencement of Work Completion of Work Final Completion Date December 23. 1996 February 5, 1997 February 7, 1997 _ Schedule dates are of the essence of this Agreement, and may be amended only in writing, signed by City. -- -2- B. If Contractor fails to achieve Final Completion of the Work by the date stated - above, the City shall retain $ 1.000.00, as liquidated damages and not as a penalty, for eac:h calendar day after the stated Final Completion date that Contractor fails to achieve Final Completion. C. In the event the Administrator reasonably determines that the performance oz the Work has not progressed or reached the level of completion required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, the Administrator shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (1) working additional shifts or overtime, (2) supplying additional manpower, equipment, and facilities and (3) other similar measures (hereinafter referred to collectively as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents, and clearly indicates that all Schedule dates will be met. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the construction Schedule. 1. The Contractor shall not be entitled to an adjustment in the Contract Amount as a result of the Extraordinary Measures required by the Administrator pursuant to this paragraph. The City shall not be liable for any costs, either direct or indirect, of Contractor in complying with such Extraordinary Measures. 2. The City may exercise the rights furnished the City pursuant to this paragraph as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Schedule date or completior.~ date set forth in the Contract Documents. D. If the Contractor abandons the Work or, in the reasonable determination of the - Administrator, fails to take all Extraordinary Measures directed by the Administrator as will insure timely and satisfactory completion of the Work, the Administrator may direct Contractor to discontinue all Work under this Agreement. Contractor shall immediately - discontinue all Work upon receipt of such notice. The City may then annul and cancel this Agreement and rebid the Work, or any part thereof, and Contractor shall be liable for all increased costs and expenses of City related to rebidding and completing the Work. The City may take control of and use for completing the Work all equipment or materials at the Project site or otherwise identifiable for the Work, and the Contractor shall receive a credit for the value of the materials or equipment used. Upon receipt of notice from the - Administrator to discontinue Work, the Contractor shall receive no further payment from the City until the City has such Work completed by its own personnel or others, and then the Contractor shall receive only such amount, if any, that the total cost of the Work was less than it would have been if completed by Contractor. If the cost of completing the Work, including costs from rebidding and related expenses, exceeds the unpaid balance of the Contract Amount, Contractor shall promptly pay City the amount the City pays for proper completion of the Work in excess of the Contract Amount. -3- E. If the Work is delayed by Act of God, fire, or other cause over which Contractor has no control and could not reasonably anticipate, the Schedule shall be extended as the City and Contractor shall reasonably agree; such extension shall be made only if Contractor notifies City in writing of the reason for the delay, and its expected length, within 7 days from the commencement of the delay. In no event shall the Contract Amount be increased to allow Contractor's recovery of that portion of delay costs caused by the acts or omissions of Contractor, its agents or subcontractors. ARTICLE IV CONTRACT DOCUMENTS The following documents, and any other documents specifically referenced therein, and all Contract Change Orders, form the entire Agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2. EXHIBIT A -SCOPE OF SERVICES, dated 3. EXHIBIT B -SCHEDULE OF RATES FOR EXTRA WORK PERFORMED ON A TIME AND MATERIALS BASIS, dated 4. EXHIBIT C -SPECIFICATIONS AND DRAWINGS, dated 5. EXHIBIT D -FORM OF BOND (For Performance and Payment), approved In the event of any dispute between this Agreement and any Exhibit, the terms of this Agreement shall prevail. .- ARTICLE V PAYMENTS 1. Prior to submitting its first Application for Payment, Contractor shall provide City with a Schedule of Values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each Application for -- Payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. 2. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representativf; designated in Article XII. In addition to the amount requested in that Application for Payment, each Application shall list the original Contract -4- Amount, the amount Contractor has invoiced City to date for this Project, thc; - amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders or Addenda, and the amount of any additions to or deletion from the Contract Amount that -- Contractor seeks in its current Application. Contractor shall also state the amount Contractor intends to pay its suppliers and subcontractors from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to the City's designee, provided all Work and documentation are acceptable to City. Within 15 days of its receipt of payment from the City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. 3. All payments under this Agreement shall be made only upon the approval of the Administrator or such licensed Engineer or Architect as the Administrator may designate to review payment applications. The Administrator shall revie:w each Application for Payment, and certify for payment such amounts as the __ Administrator believes are due Contractor under the Schedule of Values and the documentation submitted by the Contractor. From the total amount certified, the Administrator shall withhold five percent (5 %) as retainage until __ Substantial Completion of the Work, as defined in Paragraph 6 below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due, payable out of the funds in the City Treasury __ available for Contractor under Ordinance No. 96-108. Payment shall be made to Contractor after the Board of Alderman review and approve the payment, and authorize the Mayor and City Treasurer to endorse the check for paymer-t. 4. Neither the Administrator's certificate nor payment made thereon to Contractor shall constitute final acceptance of any part of the Work. Contractor shall - remain obligated to perform all Work pursuant to the Contract Documents. 5. With each Application, Contractor shall submit a signed waiver of all rights of - Contractor to assert any claim under Mo. Rev. Stat. § 107.170 or under Chapter 429 (to the extent applicable) for labor or material provided through the date of the current application. The City may, at its option, require a lien ~- waiver and/or release of claim rights from each subcontractor or materialma~i performing work on the project prior to making any payment to the Contractor. The subcontractors' lien waivers and releases shall be in a form - approved by the City and shall indicate that all debts for work performed by each subcontractor included on any previous invoice to City from the Contractor have been satisfied and that the subcontractor waives and releases any lien, claim or right to lien and any right to bring an action against City or any other person or entity pursuant to Missouri Revised Statutes § 107.170, and under Chapter 429 and the other statutes relating to mechanic's liens (to -5- the extent applicable) on account of labor or materials furnished for the Project. 6. The Contractor's retainage shall not be released until the Contractor indicates. and the Administrator certifies, that the Work is Substantially Complete. The: Work shall not be deemed Substantially Complete until it is complete in accordance with the Contract Documents, and the Administrator agrees the City can then occupy or use the Work for its intended purpose. Retainage shall be paid to the Contractor within 30 days of the Administrator's certification that the Work is Substantially Complete. If there are any minor items remaining to be completed upon Substantial Completion, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Administrator, shall be withheld until such items are complete. 7. The Contractor shall not be entitled to demand or receive final payment for the Work until all requirements of the Contract Documents are complied with, acid the Administrator shall have given his or her certificate to that effect; the City, after ten days from the delivery of the Administrator's certificate, shall pay the _ Contractor all remaining funds which the Contractor is due under this Agreement. _ Acceptance of the final payment by the Contractor shall release the City from all further obligations to Contractor, except as to such amounts, if any, Contractor has specifically identified in its Final Application for Payment as _ having been claimed by Contractor. All claims to extra funds not identified in the Final Application for Payment are waived. ___ 8. The City may withhold final or any monthly payment to Contractor on any reasonable basis, including the following: a. Unsatisfactory job progress; b. Defective Work; c. Contractor's failure to make payments to its subcontractors or _- suppliers; d. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount; - e. Damage by Contractor or its subcontractor to property of the City or other party; f. Contractor's breach of this Agreement; or - g. Contractor's failure to provide requested documentation. -6- ARTICLE VI CHANGES A. The City, without invalidating this Agreement, may order changes in the Scope of Work or any other terms or conditions of this Agreement which may result in an addition to or deduction from the Contract Amount. No change in the Scope of Work shall be effective unless signed by City's authorized representative. B. Extra or additional Work shall be performed for a fixed lump sum as to which Contractor and the City shall mutually agree prior to the commencement of such extra or additional Work; City, at its option, may direct Contractor to perform such extra or additional work pursuant to Exhibit B, Schedule of Rates for Extra Work Performed on a Time and Materials Basis. C. A change in the Contract Amount or the Contract Time shall be accomplished __ only by Change Order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the City has been unjustly enriched by any alteration or addition to the Work, whether or not __ there is, in fact, any enrichment from the Work, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period provided for in the Contract Documents. D. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work which is the subject of the Change Order, -- including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and construction schedule. E. The City shall not be liable for any overtime labor charges unless the City accelerates the Schedule and specifically directs Contractor in writing, such as through a Change Order, to perform overtime Work. In such case, Contractor shall provide City, each day, with reports of overtime hours worked the previous day. Contractor shall not receive an increase in the Contract Amount for overtime worked to maintain or comply with the Schedule, or if such overtime is directed by the City as an Extraordinary Measure pursuam: to Article IILC. ARTICLE VII INSURANCE Contractor shall maintain, at Contractor's expense, the following insurance coverage during the period of the contract, and shall provide the City with current Certificates of Insurance naming the City and its employees as additional insureds on all required coverage prior to commencement of Work under this Agreement: -7- I) COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, the City and its employees against claims arising from damages to property and illness, injuries to, or death of any person or persons for occurrences related to or arising out of the Work. Such coverages shall have not less than the following limits: Each occurrence ............................ $1,000,000.00 General Aggregate ........................... $2,000,000.00 Products/Completed Operations Aggregate ............................ $2,000,000.00 Each Policy shall include the following coverages: - Contractual liability - Products/completed operations - Personal/Advertising injury - Independent contractors 2) AUTOMOBILE LIABILITY -Such insurance shall protect the Contractor and the City against claims for bodily injury and/or property damages arising out. of the ownership or use of any owned, hired and/or non-owned vehicle, and shall include protection for any auto, or all owned autos, hired autos, and non- owned autos. Limits: Each accident combined single limits, bodily injury and property damage ................. $1,000,000.00 3) WORKERS' COMPENSATION -This insurance shall protect the Contractor against all claims under applicable State Workers' Compensation laws. The Contractor and the City shall also be protected through Employers Liability coverage against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a Workers' Compensation law. The policy limits shall not be less than the following: Workers' Compensation ............... Statutory Employer's Liability: Bodily injury by accident .............. $1,000,000.00 each accident Bodily injury by disease ............... $500,000.00 each employee All insurance shall be maintained with an insurer acceptable to City and which shall have a minimum financial rating not lower than "XI" in the Best's Insurance Guide, latest edition. All policies and Certificates of Insurance shall expressly provide no less than 30 days prior written notice to City in the event of cancellation, expiration, nonrenewal or material alteration of coverage contained in the policy or evidenced by such Certificate of Insurance:. All policies except Worker's Compensation shall contain a waiver of subrogation in favor of the City and its employees. -8- The Contractor's right to receive payment under this Agreement is wholly contingent upon Contractor's compliance with this Article. - ARTICLE VIII INDEMNITY -- Contractor shall defend, indemnify, and hold harmless the City, its officials, agents and employees from any and all loss, damages, costs, expenses, claims and causes of actio~i (collectively, "Loss") which may be imposed upon or asserted against City, its officials, agents or employees where such Loss is caused or incurred, or alleged to be caused or incurred, in whole or in part as a result of the negligence or other actionable fault of Contractor, its agents, employees, subcontractors or affiliates. This indemnity shall apply notwithstanding the joint, concurrent, contributory or comparative fault or negligence of the City or any third party. Nothing in this Article shall be deemed to impose liability on Contractor to indemnify City when the City's negligence or other actionable fault is the sole cause of Loss. In the event full indemnity pursuant to this Article is unenforceable under any law, Contractor and City shall bear any Loss in proportion to their respective fault. Contractor further agrees to defend, indemnify and hold harmless the City, its officials, agents and employees against all liens, suits on liens, and other claims, demands or suits which may be asserted by any subcontractor, supplier, agent, or employee of Contractor relating to the Project. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify and hold harmless the City, its officials, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE X COVENANT AGAINST UNDUE INFLUENCE The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this contract, _ and that it has not paid or agreed to pay any company or person, other than bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration -9- contingent upon or resulting from the award of making of this contract. For breach or - violation of this warranty, the City shall have the right to void this contract without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Contractor hereby represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any _ employee or agent of City who may reasonably be expected to influence the decision to requisition, issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's 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 paragraph. ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two years after the completion of this Agreement, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as ,._ are necessary to substantiate that all Applications for Payment hereunder were valid and properly chargeable to City. For lump sum contract Work, such records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for _ payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include, but are not limited to, all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, cancelled checks, orders and invoices pertaining to City's account. The City or its representatives shall, upon reasonable prior notice to Contractor, be given the opportunity to audit such records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII NOTICES - 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 City: Ms. Ann Daniels City Administrator P.O. Box 9135 4500 High Drive Riverside, Missouri 64168 -10- For Contractor: -- Contractor's designee shall be available to meet with the City at any time during the performance of the Work, and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII TERMINATION OF AGREEMENT City may at any time and for any reason terminate this Agreement (including termination for City's convenience) upon 5-days' written notice to Contractor. Upon receipt of such termination notice, Contractor shall cease performance of all Work, and shall safeguard and protect from weather, theft, and vandals in any Work then in progress. If City terminates this Agreement without breach or default by Contractor, City shall compensate Contractor, in accordance with the Contract Documents, for all Work perform<;d, including pro rata profit actually earned, and for costs and obligations reasonably incurred, up to the date of Contractor's receipt of notice to terminate. In no event shall Contractor have any right or claim for future lost profits. If City terminates due to the breach or default of Contractor, City may withhold all payments and shall have all rights and remedies available at law. ARTICLE XIV COMPLIANCE WITH LAWS Contractor shall comply with all Federal, State, and local laws, ordinances and regulations applicable to the Work, including, but not limited to, the Prevailing Wages on Public Works Act, Mo. Rev. Stat. § 290.210 through § 290.340 (1996), and the Missouri Prompt Payment Act, Mo. Rev. Stat. §§ 34.057 and 34.058 (1993), as applicable. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under this Agreement. This Agreement shall be governed by and constructed in accordance with the laws of the State of Missouri. -11- ARTICLE XV SUBCONTRACTS. ASSIGNMENT OR TRANSFER Contractor shall not assign or transfer any right, obligation or interest under this _ Agreement except with the prior written consent of the City. The use of subcontractors shall in no way relieve the Contractor of its primary responsibility for the Work. ARTICLE XVI ACCESS TO SITE Contractor shall ensure that the Work, at all times, is performed in a manner that _ affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, __ building materials and equipment creating potentially hazardous conditions. Representatives of the City may inspect or review any Work performed by the Contractor, and consult with Contractor, at any time. The City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of the City. ARTICLE XVII COMPETENCE Contractor confirms that it maintains all necessary licenses, registration, competencE; and experience to perform all of the Work. ARTICLE XVIII WARRANTY ~- The Contractor shall exercise high professional skill, care and diligence in the performance of its Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from the completion of the Work, Contractor shall promptly remedy such defects and provide, at its expense, all labor, material, equipment and services necessary to correct any errors or omissions of Contractor or any of its subcontractors. This obligation shall be in addition to Contractor's obligations to perform its Work properly. Neither final payment, the Administrator's final certificate, nor any other provision in the Contract _ Documents shall remove the Contractor's obligation to complete the Work free of defects in workmanship and material. -12- Contractor agrees that it shall remain solely responsible for the performance of the - Work required by the Contract Documents, notwithstanding any suggestions or observations made by any other person or entity with respect to the Work. ~- This Article does not establish a period of limitations with respect to any obligations of the Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligations. _ ARTICLE XIX STORAGE OF MATERIALS AND EQUIPMENT _ _ Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of __ construction materials and equipment stored at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. ARTICLE XX SAFETY Contractor shall be solely responsible for the safety of its workers and others on the job site relating to its Work, notwithstanding the presence of City, its employees or agents. -- The City shall not be liable for the physical condition or safety of the Project site or any improvements thereon. - - The City may immediately suspend the Work if unsafe conditions or acts are observed, and the Contractor shall not receive an extension of the Schedule resulting from any safety suspension. ARTICLE XXI INDEPENDENT CONTRACTOR Contractor acknowledges it is an independent contractor, and neither Contractor nor any of its subcontractors or employees shall be deemed an employee or agent of the City for any purpose. -13- ARTICLE XXII CONFLICT Contractor shall promptly upon discovery advise the City of any conflict, ambiguity '- or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and the City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXIII BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to the Administrator, a payment and performance bond in the form of Exhibit D or in another form approved by the Administrator. Such bond shall be for the full Contract __ Amount, and shall guarantee and secure Contractor's proper performance of the Work and the payment of all subcontractors and suppliers for labor, equipment, and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bond shall be included in the Contract Amount. __ ARTICLE XXIV SEVERABILITY Should any specific provisions of this Agreement be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXV NO PRESUMPTION AGAINST THE DRAFTER No assumption or inference against the City shall be made because of the City's preparation of this Agreement. ARTICLE XXVI NO WAIVER BY CITY The failure of City in any one or more instances to insist upon strict performance oi' any of the terms of this Agreement or to exercise any option herein conferred, shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon amp such terms or option on any future occasion. -14- ARTICLE XXVII ATTORNEYS FEES/DISPUTES In the event of litigation between Contractor and the City concerning the Project or _ this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees, costs, and expenses from the other party arising from such litigation. If any dispute arises between Contractor and the City, and Contractor refuses to pay its subcontractors or suppliers for labor and/or material properly provided, the City may, btrt shall not be required to, pay directly such subcontractors and suppliers. Any payments matte to such 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 the City. ARTICLE XXVIII ENTIRE AGREEMENT _ This Agreement constitutes the entire agreement between the parties with respect to its subject matter and any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI, this Agreement or any Exhibit hereto may be amended, changed or supplemented only by written agreement executed by both of the parties hereto. THIS AGREEMENT shall be binding on the parties thereto only after it has been duly executed and approved by the City and the Contractor. IN WITNESS W OF, the parties have caused this Agreement to be executed on this ~ day of , 19~ CITY OF RIVERSIDE ATT STED: ~P~ ~u~~ . CITY CLERK By: MAYO f CONTRACTOR) -15- CITY OF ~ ~ ~ . ~ ~y a~ a o r~ ~ ~~ r "' J / rll 1 ~'7 "' ~ ~ J /, '~, ~7i P. 0. BOX 9135 4500 HIGH DRIVE RIVERSIDE, MISSOURI 64168 816-741.3993 or 816.741-1191 September 23, 1996 ADDENDUM TO GATEWAY SANITARY SEWER PROJECT SEPTE.r.'BER 23, 1996 Attached is the Annual Wage Order No. 3 for Platte County, Missouri, to be uead in bidding the above named project. Please attach this to the bidding documents and specifications you have previousl~• taken. Also attached is a Notice of Receipt which must be returned with the Bid when submitted which indicates you have received this Wage Order and the ensuing instructions. Ann Daniels City Administrator _,_,~ r ~~ ~ .~ ~ "We lake Pride In Our Progress" CITY OF ~~~~~~ ~~s= _._:._:_::_.: ar .. \ ^ ~ t ..r1 .. r era a aW 1 ..~ar1 P. 0. BOX 9135 4500 HIGH DRIVE RIVERSIDE, MISSOURI 64168 816.741-3993 or 816.741.1191 NOTICE OF RECEIPT OF ADDENDUM TO G:sTEWAY SANITARY SEWER SYSTEM PROJECT SPECIFICATIONS I ~ ~ %/,~~,jAyy~ ~. ,[~> ~ hereby certify that I have received the Ad ndum to the G~'':eway Sanitary Sewer Project Bidding Specifications which detailed the Annual Wage Order No. 3 for Platte County and leave had opportunity to include this Wage information in any bid. I may. submit. /~ /Ag~en / ~~ ~ _ Firm Date ~ a~/~~ "We Take Pride In Our Progress" ~i~~~g~ ~ ~~~ ~.~~~r ~~~~c~~~~s MEL CARNAHAN, Governor ~~ra~~ea~('~1~ge ~~ra~er I~do. 3 Section 083 PLATTE COUNTY In accordance with Section 290.262 R.;!~Io 1994, within thirty (30) days after a certified copy of this Annual Wage Order has beer. fired with the Secretary of State as indicated below, any person who may be aff?:ted by t^~s Annual Wage Order may object by filing an objection in triplicate with the Labor end Industrial Relations Commission, P.O. Box 599, Jefferson City, Mo. 65102. Such objections must set forth in writing the specific grounds of objection. Each objection shall cert~~~; ~i~at a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson Ciiy, Mo. 65102, and to the party which requested this Annual Wage Order pursuant to 8 CSR 20.5.010(]). A certified copy of the Annual Wage Order has been filed with the Secretary o' State of Missouri. ~~~~ Colleen A. Baker, Director u Division of Labor Standards M „~ 7 1996 Filed With Secretary of State: «« (~ ~,1( ~~ Af'R 81906 r ~ RFT'A. `.' OF S7A~ r Last Date Objections May .-•e F ~' Prepared by Missouri Department of Labor and Industrial Relations WAGE AND HOUR SECTION Building Construction Rates for PLATTE ::ounty REPLACEMENT PAGE CRAFTS 'Efrcti3e Date of Increa_s_e_ Basic Hourly Rates ' -t>va~• Time Rates - Holiday Rates ~ ---- - j__ H & W -- Fringe on. P - Benefit Vac. Payment Appr_Tr s Other Asbestos Workers _ _$14.31 52 ~ 53 2.60 _ 4.99 _0.22 Boilermakers _ _ $2'..15 57 7 __ 3.25 2.15 __ _ _0.16 ___ _ tx Brick~ers-Stone Mason !:x7.85 58 39 _ _2.30 2.80 __ 1.50 0.05 Carpenters ;+1.50 63 4 2.25 2_50 0.21 Cement Masons 519F., $17.45 65 4~ _ 2.43 1.55 1.25 __0.20 ___ Electricians Inside Wireman ____ $21.00 15 9 9.15 3.29 V&li7°/ 0_.20 NEBI= 39'° Communication Workers __ $10.00 FED 0.26 0.16 _ HOL 23 Elevator Constructors _ 7/e_;_o_ $22_._1_2 _5 2.6 54 3.8 45 .19 2 _a 0.08 5 Engiriears_Ponable 8 Hoisting: _ _ _ _ _ _ . _ _ _ _ _ _ Group I i $18_06 85 4 2.57 _ _225 -1.0 5 __0.15 _ SD .83 _Group U :;17_25 85 4 2.57 2.25 1.0 5 __0_15 SD .83 Grou III ~15.9t 65 4 2.57 2.25 1.05 0.15 SD .83 Grou III-A $15.66 85 4 2.57 2.25 1.05 __ 0.15 _ S0.83 Gou~IV - ---. -- -- - ------ -- -- ------- Grove V $13. 30 85 4 2.57 2.25 5 1.0 0.15 S D .8 3 Pipe Fitters 6/96 . -$P2,48 2 33 3.28 _ 3.85 _ _ _ ____ U.25 _ _ . _ Glaziers - --- -- _ - $1G.91 ------ 88 32 2.67 2.60 2.63 0.19 SD.:iO Laborers (Buildingd)_ --- - - ---- - ---- --... - - -- --- General $;x.35 30 4 2.05 1.30 1.05 0.30 Firs[Semi•Skilled _ __ $1.50 _ __ 30 4 _ 2.05 1.30 _ _ 1.05 __ 0.30 _ Second Semi-Skilled __ $15.45 30 __ 4 __ 2.05 1.30 _ 1.05 _ 0.30 Lathers•Metal, Wood ---- - USL CAR PENTE R S RATE ---- Linoleum La ers 8 Cutters ---- o _ __ __ _ _ _ $16_03 1.95 _ _ 1.40 0_20 Marble Mas ns ___- _ 6%96-__ - $21.35 {_ 25~ _ __ 4 -~- _ . _1.6_9 _ __- Millwnghts - _ __ - USC CA RPENTER S RATE Iron Workers __ $19:66 50 4 2.90 2.90 0 .17 ANN.75 _ Painters ____ _ 4%96 _ _ _ $18.75 37 _ _ _ 4 ___ 2.00 _ 1.90 __ __ _ _ TRG.~I1 Plasterers __ $19.00- 68 4 - -- -- --- - Plumbers 6/96 $22.94 2 _ 33 2.30 2.B5 0.27 Pile Drivers USE ~.ARPENTE RS F3AT E Rooters _ _ _ Sheet Metal Workers _ 6/96__ _ - 7196 __ __ $18.~G ( ~2?.;;,; __95 17 2 22 _ 2.85 3.16 2.35 9.75 __ _ __ 0.14 0 32 __ _ ----- _ _ , _ _ -- Sprinkler Fitters _____ 7,9~.. - -$2:'.~0 - 14 4 3.40 3.40 0.16 _ _ . Tile Setters a 3 S $21. 3 0 25 4 1.75 1.69 _ Truck Drivers•Teamsters _ _ __ _ _ _ _ _ _ - -- - -- Group I $17.34 -- 100 - 4 _ 2.40 2.00 Grp II -- -- - Group_III_ $17.54 100 4 2.40 _ 2.00 Group IV $17.54 100 _ 4 _ 9.4b 2.00 Traf(ic Control Service Drivers_-_ Well Drillers __5/9.6 __ _ _ - - $12.30 48 49 _ USE BLDG. CONST. EN - 0.97 0.24 0.23 GRS., GROUP II RAT _ H_OL4:2 -- Welders-Acet lane 8 Electric ------~----- ' - _ -~--~_- L-J-~---- 'ANNUAL INCREMENTAL INCREASE Section 083 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0. 3 7/96 Building Construction Rates for PLA-i ~TE County Footnotes Section 083 ------- O -- CRAFTS _ ~ Basic Hourly Rates___ ver- Time Rates _ Holiday _Rates_ Fringe Benefit Pay_mQnts H & W Pen. Vac. Appr_Trcj Other - - - - --- - - - i --- ---- ----- ---- --- • Welders receive rate prescribed for craft performing operation to which welding is incidental. Use Building Construction Rates on Building(s) and n.+: Immediate Attachments. Use Heavy Construction rates for remainder of project. For crafts not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. a -Vacation: Employees over 5 years - 8%, under 5 years 6%. b -Annuity Trust - $2.05, MOST Proram - $0.205. ANNUAL WAGE ORDER N0.3 3/96 PLATTE COUNTY OVERTIME RATES FBD: Minimum requirement per Fair Labor Standards Act means time and one-half (1351 shall be paid for all work in excess of forty (40) hours per work week. NO. 1r Means eight (8) hours constit:u~e a day's work between 7:00 a.m. and 4:30 p.m. The regular work week shall be forty (40).hours, beginning Monday as early as 7:00 a.m. and ending 4:30 p.m. Friday. All overtime Monday through Saturday shall be paid at the rate of one and one-half 1135) times cho regular race of pay. Sunday and holidays shall be paid at double l2) time. NO. 13: Means a regular workti~:y shall consist of eight (8) hours between 6:00 a.m. and 4:30 p.m. Forty (40) hours, within five (5) days, Monday through Friday inclusive, shall constitute the regular wo~.r:week. The Employer may institute a work week consisting of four (4) consecutive ten (10) iic,ur days, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a work waek, o~:ercime shall be paid at a rate of one and one••half (135) times [he regular rate of pay. The first four (4) hours of overtime after the normal work day, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one & one-half (1'f,) times the regular straight time rate of pay. All other work performed outside of the reg~:_arly scheduled working hours and outside of the first ten (10) hours worked on Saturdays :;`:all be paid for a double the regular seretight time rate of pay. Sundays and the recognized hclidays shall be paid for at double (2) the regular straight time rate of pay. NO. 14: Means the standard work day stall be eight (8) hours of work between 7:0(1 a.m. and 4:30 p.m. All time that is worked outside of the eight (8) hour work day, Monday through Friday, shall be paid at thE~ zate of time & one-half (135). All work commencing with the beginning of the established wc,rk day on Saturday shall be paid at the rate of time & one-half. All work commencing with the beginning of the establish~3 work day on Sundays and/or Holidays shall be paid at: the rata of double (2) time. N0. 17s Mea::s the regular woz."_ing day shall consist of eight (8) hours of labor between 0:00 a.m. and 5:00 p.m. and the regular working week shall consist of five (5) eight (8) )tour days of labor beginning with Monday and ending with Friday of each week. The first (:') hours of overtime performed Monday tl,t~ough Friday, and the first eight (8) hours performed ortSaturday shall be paid at the time and one-half (1K) rate. All other overtime performed Monday through Saturday, and nll hours performed on Sundays and designated holidays, or days obsarved as such, shall be paid at the double (2) time rate. NO. 25: Means regular working hours of eight (8) hours shall constitute a working day batween the hours o`. 8:00 a.m. to 4:30 p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and recognized holidays shall be overtime and shall be paid for at twice the regular hourly rate of wages. Employment between the hours of 4:30 p.m. and Midnight, Monday e(trou5`~.Priday, shall be overtime and shall be paid at one & one-half (135) the regular hourly rat'. From 12:00 Midnight until 8:00 a.m. on any day shall be paid for at twice the regular hourly rate. NO. Z6: Means a regular workin!I day shall consist of eight (8) hours, between 7:00 a.m. and 5:00 p.m., five (5) days par r.t:7c, Monday co Friday, inclusive. Work performed on Saturdays, Sundays and before and after the zegular working day on Monday co Friday, inclusive, shall be classed as overtime, an:: paid for at double (2) the rate of single time. holidays shall be paid at the double (2) :ime rate of pay. NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time can be as early as 6:00 a.m. No overtime shall be paid until after forty (40) hours have been worked Monday through Saturday or until after ten (10) hourn have been worked in any one - day Monday through Saturday. Work perf~~-med outside these hours, Monday through Saturday inclusive, shall be paid at the rate of ti:.:n and one-half (1'fi) . All work performed on Sunday or holidays shall be paid at the double i=i time rate. ~wxw3.o-r ANNUAL WAGE ORDER N0. 3 rase i or, rotes NO. 37: Means an employer may choosy to work a flexible work schedule for hie crew (including, but not limited `_o, four 10-hour days with a Friday make-up day or 8, 9 or 10 hour days) Monday through Friday at straight time. Any time worked over ten (10) hours in one day or forty (40) hours in a week shall be paid at time and one-half (155) rate of pay. All Saturday work shall be paid at time and one-half (155) unless used as make-up day. In the event of inclement weather on exterior projects which prevents working the full regular eight (8) hour day, forty (40) hour work wee!: schedule, a Saturday make-up day shall be granted. If Saturday is used as a make-up day un;?a~ the above conditions, then said work on Saturday shall be paid at the straight time rate of pay up to a maximum total of forty (40) hours per week. All work performed on S~~r•day and ho:?.days shall be paid at double (2) time rate of pay. NO. 41r Means eight (8) hours shall cq,::;titute the normal work day and forty (40) hours shall constitute the regular :rr,1•k week from Monday through Friday inclusive. Work may be scheduled, however, on a four rays a week, ten hours a day basis. If a four-tens scheduled is employed, then Priday may Lc used as a make-up day when time is lost to any legitimate reason. All work performe3 between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday, shall be at straight time. All work performed between the hours of 6:00 p.m. and 6:00 a.m., Monday through F:°r.day, and all work performed on Saturday shall be paid at $2.00 per hour above the basic hourly rate. All work performed in excess of ten (10) hours per day or forty (40) hours per week shall be paid at one and one-half (155) times the basic hourly rate. All work performed on Sunday shill be paid at one and one-half (155) times the basic hourly rate. Holidays shall receive ttre double (2) times ruts of pay. N0. 46: Means the normal work week will consist of forty (40) hours of consecutive days, Monday through Friday. The company car. stagger the work week so that an employee's normal work week will be Tuesday through Saturday. The normal shift, for either the normal or staggered work week, will be between time starting as early as 7:00 a.m. and ending as late as 6:00 p.m. All work perfornrtd by employees working the Monday through Friday week beyond eight (8) hours a day and on Saturday shall be paid for at the rate of one and one-half (155) times the regular rate. Employe .•s working the standard work week shall be paid time and one- half (1y,) their regular rate fur hours worked beyond eight (0) hours a day and on Atonday. All work performed on Sunc?.ay by employees working the Monday through Friday or' Tuesday through Saturday work week :mall be paid for at double (2) the regular straight time rate of pay. Employees working the Wa;~_lnesday through Sunday work week shall be paid double time for all hours wo~led on Tuesday of a Monday through Sunday week. N0. 48: Means the regularly scheduled work week shall be five (5) consecutive d~ya, Ftonday through Friday or Tuesday through Saturday. Eight IB) hours shall constitute a da;/'s work. Starting time for the first shift. shall not be earlier than 7:00 a.m. nor later t)ran 10:00 a.m. Forty (40) hours shall r-onstitute a week's work. Overtime at the rate of time and one-half (155) will be paid fo: all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one- half (155) unless time has been lost during the week, in which case Saturday will trs a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time. and one-half (155) unless time has been lost during t:he week, in which case Monday will be a make-r:~ day to the extent of the lost time. .Any work performed on Sunday will be double (2) t:,rne. If employees work on any of the recognized holidays they shall be paid time and or:e-half (15S) their regular rate of pay for all hours worked, in addition to cheir,re:gular hol:,.ay pay. NO. SOr Means eight (8) hours :hall cor..stitute a normal day's worY_ Monday through Friday. The Employer, at his discretion, may start the work day ae early as 6:00 a.m. Any ac)tedule chosen should be started a! t'i~~•.beginning of the work week (Marday) and used for at least five days. Work may be schaulo:; on a four (4) days a creek (Monday through Thursday) at ten (10) hours a day schedule. If ::uch a schedule is employed, then Friday may be used as a make-up day when time 38 losr.;lue to inclement weather. if an Employer has started the work week on a five (5) day, eigl:•: (B) hours a day schedule, and due to inclement weather misses any time, then he may switch to a nine (9) or ten(10) hours a day schedule, at straight time, for the remainder of that work creek in order to make up the lost time (10-hour make-un day). All work performed over and above ten (=0) hours per day and forty (40) hours per week shall be paid at the rate of time and one-half (155). All work r~erfor-med on Saturday will be time and one-half (1X1. On Heavy and Higlrway jobs, any employee who is r:ch~duled to work an a regular work day but is prevented frcm working because of weather conditions shall bo permitted to work on Saturdays as a make ::p day at straight time rate of pay. Double (2) time shall be paid for all overtime works., on Sundays and recognized holidays. Awxuu.oT ANNUAL WAGE ORDER h0. 3 nAGF. 2 Of ~ PAGES N0. 52: Means the regular r:crk week shall consist of five (5) eight (B) hour days Monday through Friday. The regular work day shall consist of eight (B) hours between B:00 a.m. and 9:30 p.m. The option exists for the employer to use a 9-day, 10-hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. Hours each day (for 4-10's) shall be from 7:00 a.m. to 5:30 p.m. Work performed outside of. the regular work day, rate of pay shall beat one & one-half (155) times the regular rate of pay for the first 2 hours of overtime. Work in excess of regular work after first l0 hours and Saturday, :tunday and holidays shall be at two (2) times the regular race of pay. NO. 57: Means eight (8) hours per day sh~L1 constitute a day's wort, and forty (40) hours per week, Monday to Friday inclusi~~e, shall cor~,stitute a week's work. The regular starting time shall be 8:00 a.m. When ciicumstances warrant, the contractor may change the regular workweek to four (4) ten-hour shifts at the regular straight time rate of pay. The first two (2) hours of overtime worked h:~naay through Friday and the first eight (8) hours or- Saturday shall be paid at the rate ^f tim.s and one-half (15S). All time worked in excess of ten (10) hours, Monday through Friday and eight (0) hours on Saturday and all time worked on Sunday and holidays shall be paid :car at the double (2) time rate of pay. NO. 58: Means eight (8) working hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work, Monday through Friday, shal] constitute a normal working week. Work performed in excess of eight (8) hours per day, Monday through Friday, and all work performed on Saturday shall be paid for the rate of Cime and one-half (15S). When Sundays and recognized holidays are worked, the worker(s) shall be paid ac the rate of double (2) time. Wo='k may be scheduled on a four days a week (Monday through Thursday) at ten (10) hours a day schedule (at straight time). A Friday make-up day is available if time is lost due to inclement weather and at least 16 hours, but no[ :rare than 30 hours, were worked during the week. A Saturday make-up day available only for a 5-B's schedule, when eight (B) hours o:c more of time is lost during the normal work week due to inclement weather, ac tl:e regular time rate. N0. 63: Means eig):t (8) hours :hall constitute the regular work day between time that may start as early as 6:00 a.m. and end as late as 6:30 p.m. The Employer may establish a work week consisting of four days, Monday through Thursday, each day consisting of ten hours at straight time. The 4-10's must run for a period of at least four days, Monday through Thursday. All work on Friday ~n a a-10's project will be paid at the rate of time and one- half. All v'~~rk performed on Saturday shall be paid at time 6 one-half (15S). All work performed on oundays and recognized holidays must be paid at double (2) time. All work performed prior Co or after ~hc regular eight (8) hour work day, or ten (10) hour work day, as described above shall be said ac time and one-half the regular rate. NO. 65c Means eight (B) hours shall constitute a day's work between 6:00 a.m. and ending at 4:30 p.m., Monday through Friday. The Employer may establish a work week consisting of four days, Monday through Thursday, each day consisting of ten hours at straight time. The 4-10's must run for a period of at least four days. All work performed over eight le) hours in a eight-hour work day or over ten (10) hours in a ten (10) hour work day if on 4-10'e schedule and all work performed on Saturday of a 5-8's week or Friday of a 4-10's week shall be paid at time & one-half (155) the regular rate, except for work performed on a Friday or Saturday make-up day. All work on Sunday or reco~,:ized holidays shall be classified as overtime and be paid at the rate of double (2) time. :.;:y employee who is scheduled to work on any regular work day but is prevented from working bE•^~use of weather conditions, shall work on Saturday as a make-up day at the straight time r~r..~ of pay if working a 5-8's week or Friday as a make-up day at the straight ti~:F rate of pay if working a 4-10's week (Friday and Saturday may be worked as make-up days i::~a 4-10's week when weather conditions result in the lose of more than one regular work da;~•;:!?riday must be worked before Saturday can be util:Lzed. NO. 68s Means eight le) hours shall constitute a day's work between the hours of '7:00 a.m. and 5:30 p.m. from Monday !:~ Priday inclusive. Daily overtime lover eight hours per day Monday through Friday) and Saturday overtime (all hours except those that may have been worked as a make-up day) shall be paid at the time and one-half (15S) rate, while the Sunday and holiday overtime shall be double (1.) time. Any employee who is scheduled to work on any regular work day but is prevented from working because of weather conditions, shall work on Saturday as a make-up day at the straight time rate of pay. nvr3o~].oT ANNUAL WAGE ORDER NO . 3 Pace a or ~ Paces NO. 85: Means eight (8) hour shall constitute a day's work to be between 6:00 a.rt:. and 5:30 p.m. Engineers shall receive time and one-half (155) for all time they are required to work prior to their normal starting time or after eight (8) hours or normal quitting time Monday through Friday, or all day on Saturday. If an Employer has started the work week on a five day, eight hours a day schedule, and due to inclement weather misses any time, then ha may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week in order to make up for Che iost time (10-hour make-up day). All work over ten (101 hours a day or over for::y (40) ii,:urs a week must be paid ac time & one-half (155) . Sundays and recognized holidays shall be paid at the double (2) time rate a: pay. A contractor may alter the re~~.lar work week to four (9) ten (10) hour days at straight time rate of pay. To do this th,• ;e•~hedule 4-10's must be worked at least one full week and the regular work week shall be D!onday through Thursday with Friday being a make-up day at straight time for days missed in the regt:lar work week due to inclement weather. If 5-8's are being worked, SaCUrda~•:inay be used as a make-up day at straight time if incleme:t weather prevents work during the normal work week. NO. 88: Means the regular tinrk week shall. consist of five (5) eight (8) hour days, 7:00 a.m. co 5:30 p.m., Monday through Friday, except when the work week is scheduled as a 4-10's week. The Employer may establish a work week ~cnsisting of four (9) days, Monday through Thursday, each day consisting of ten (10) hours at ?traight time. The 4-10's must run for a period of at least four (4) days. Time and one-ha;f (155) shall be paid for any work in excess of eight (B) hours in any regular work day Monday through Friday (or ten hours in a 9-10's Monday through Thursday). All work ~^E~rformed on Saturday shall be paid at time and on-half (1X). Double (2) time shall be pa.ic~ Fc:r all time worked on Sundays and recognized holidays. NO. 95: Means a regular work day shall r_onsist of eight (B) working hours in a forty (40) hour work week of Monday tLiough Fridayi` The regular work day may be extended to nine (9) working hours under certain circumstances such as the completion of a job on that particular day. All work performed over nine (9) hours in one day or forty (40) hours in a work week shall be paid at one and one•-4,af (155) times the straight time hourly rate. Satuz~day shall be paid at time and one-half (155) unless this day is used as a make-up day, in whictc case the worked hours will be paid at the straight time rate of psy until forty (40) hours in the work week have been reached, ch•-,i time and one-half (155) will be paid. Sunday and holidays shall be paid at double (2) time. NO. 100: Means eight (8} hours shall constitute a day's work, and five l5) continuous eight-hour days shall constitute a week's work, Monday through Friday. Time and one-half (155) the regular hourly rate shall be paid for all work performed in excess of eight (8) hours in any one day or forty (90) hours in any one week. Starting time shall start a early as 6:00 a.m. All work over eight (el hours in a regular 5-day 8-hou;.schedule shall be at the appropriate overtime rate. All time worked before the regular scheduled stazting time shall be paid for at the rate of time and one-half (155) a:-d shall not apply to regular shift. All time worked after eight (8) hours in any one day or after 5:30 p.m., whichever comes first, shall be paid at the time and one-half (155) rate. An Employer, at his option, may elect to work four (4) ten (10) hour d::•;s, Monday through Thursday, at straight time. All such work must be done at least one wec,...in duration. All work over ten (10) hours in one day or forty (40) hours in a week shah De at the overtime rate of time and one-half (15S). Any employee who is scheduled to work on any regular work day but is prevented Erom working because of weather conditio::s;,.shall be permitted to work on Saturday (Friday if working 4- 10's) as a make-up day at t,:e.straight time rate of pay. When an employee is required to work on any recognized holidayi.they shall receive the double (2) time rate for all time that they are required to perform work. Sunday work shall be paid for at the rate of double (2) time. AW3un3.UT ANNUAL. WAGE ORDER NO . 3 pAGE 0 OF ~ PAOFS N0. 28s All work done on New Year's Day Armistice Day (Veteran's Day), Decoration Day (Memorial Day), Independent:=~ Day (Fourth of July), Thanksgiving Day and Christmas Day shall be paid at the double time .ate of pay. No work shall be performed on Labor Day except when triple l31 time is paid. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. ... N0. 29s All work done on New Year's Day, Armistice Day (Veteran's Cha=i)stmasoDay or day (Memorial Day), Independenc.~ Day (Fourth of July), Thanksgiving Day, No work observed as such for these `~~:.idays shall be paid at the double time zate of pay. shall be performed on Labor Day except when triple (3) time is paid. when a holiday falls on Sunday, the following Monde}' shall be observed as the holiday. N0. 30s All work done on [+ew Year's Day, Memorial Day, Independence Day, Thanks<,3iving Day, Friday after Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except in special cases of emergency an~i only when triple (3) time is paid. ~ When halholidaalfalls on Sundaythcherfollow9nga Mondaylshalllbe be observed ae a holiday. Y observed as the holiday. NO. 31s All work done on New Year's Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, and Employee's birthday shall be paid at the double time rate of pay. If a holiday fella on Sunday, the followin Monday will be observed as the recognized holiday. If a holiday falls on Saturday, the i::aceding Friday will be observed as the recognized holiday. N0. 31s All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the Friday clfter Thanksgiving, and Christmas shall be paid at the double time rate of pay when one of the above holidays falls on Sunday, the following Monday shall be observed and when one of the above holidays falls on Saturday, the preceding Friday shall be observed. NO. 33s All work done on New Year's Day, Memorial Day, Furth of July, Thanksgiving Day and Christmas Dom} shall be paid ac the doub'_^ time rate of pay. Labor Day shall be paid aC the triple l3) time rate of pa.~.. If the ho:'.i.r?ay falls on Sunday, the following htonclay will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. 270. 34s All work done on Krw Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christma:~ Day shall be paid at the double time rate. .Any holiday falling on Sunday, will be observed on the following Monday and be paid accordingly. When one of the above holidays f411a on Tuesday, the preceding Monday will be observed as a non- working holiday. When a 1,oliday fella on Thursday, such as Thanksgiving, the following Priday will be observed as a non-working holiday. N0. 35s All work done on New Year's Y)ay, Memorial Day, Independence Day, Labor Day, ofapayglvIfga h liday fallsm nn as Sunday,bitpahalltbe observedton the foll(owing)MOnday,rate N0. 36s All work done on Labor Day shall be paid at the double time rate of pay. N0. 37s All work done on Ne~'Yenr's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and such other days ae may be declared legal holidays by the Federal Government shall be paid the double time rate of pay. H0. 38s All work performed on New Year's Day, Decoration Day (htemorlal Day), Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veteran's Day (to be celebrated the day after Thanksgiving Day) shall be paid at the double (2) time rate of pay. In the event the holiday should fall on a Sunday, the following Monday will be paid at the rate of double l2) time. N0. 39s No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Dey, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be <.~ holiday. NO. 40s All work done on a legal holiday shall be paid at the double time rate of pay. ANNUAL WAGE ORDER N0. 3 PAGE 7 OF 1 PAGFS pl®Wy.~al NO. 41: All work done on New Year's Day, Memorial Day, Thanksgiving Day and Veteran's Day shall be paid at the double time rate of pay. No work shall be done on Christmas Day, Fourth of July or Labor Day. When any of the uuove holidays fall on Sunday, the following Monday shall be observed as such holiday. If a holiday fella on Saturday, it shall not be considered to be observed on the previous Friday or following Monday. Such da_rs shall be regular workdays. N0. 42c The following days shall be o~~~=rved as legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor I~ay, Veteran's Day, Thanksgiving Day and Christmas Day. No work under any pretense shall be:erformed on the Fourth of July, Labor Day or Christmas Day. Any work performed on the above holidays shall be paid for ac two (2) times the regular straight time rate of pay. NO. 43i All work done on t:c~~o Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day (Nov. 11th) or mutually agreed upon day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on Sunday, iC shall be observed on the following Monday. If a holiday Falls on Saturday, it shall be observed on the preceding Friday. NO. 44: All work done on t7ew Year's Day, Washington's Birthday, Decoration Day, Fourth of July, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Dsy shall be .paid at the double l2) time rate of pay. Positive/ no work shall be allowed on Labor Day. If any Of these holidays fall on Sunday, the following day will be observed as the holiday. If any of these holidays fall on Saturday, the preceding Friday will be observed. N0. 45i All work done on :v a Year's Day, Decoration Day, Independence Day, Labor Day, Veteran's Dny, Thanksgiving ,JYy, and Christmas Day or days co be celebrated as such shall be paid at the double time rate of pay. If a holiday falls on Sunday, it can be observed on the following Monday. If a holiday .falls on Saturday, the employer shall designate whether such holiday shall be observed can Friday or Monday. N0. 46i All work done on New `leer's Day, Memorial Day, Fourth of. July, Thanksgiving Day, and Christmas D,~~shall be paid at the twc, and one half (2 1/2) times rate of pay. t7o WORK SHALL BE DONE ON LABOR DAY. Holidt~ys falling on Saturday shall be observed the preceding Friday. Holidays falling on a Sunday shall be observed the following Monday. N0. 47~ The following holid>ya are recognized: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, ThnnY.sgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve. The above mentioned holidays can be changed by mutual agreement. When a holiday listed above falls on Saturday, it shall be celebrated on the Friday preceding the holiday. When a holiday fulls on Sunday,. the following Monday shall be observed. }iolidays referred to above shall be paid for at straight time when not worked and aC double time plus holiday pay when worked. N0. 48: All work done on New Yeq:!'s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksoiving, Christmas Eve and Christmas Day shall be paid at the double time race of pay. Should. any of the above holidays fall on Sunday, the following Monday shall be ctserved as the holiday. Should any of the above holidays fall on Saturday, the preceding Frida;~ shall be observed as the holiday. N0. 49~ The following days sha:.l be observed as legal holidays and employees will receive eight lB) hours' pay at regular straight time hourly rate for each of these holidays: New Year's Day, Decoration Day, 7uly.4th, Labor Day, Thanksgiving Day, Christmas Day, :Employee's birthday and two (2) persa::al days. The observance o! one (l) of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time 6 one-half (1~) their regular rate of pay for all hours worked. p,m,~,.~~,, ANNUAL WAGE ORDER N0. 3 PAGE ~ OF S PAGES HOLmAY .R~,TE SCI-(rDULI: -BUILDING CONSTRUCTION N0. 1r All work done on New Year's Day, Decoration Day, Pourth of July, Labor Day, Thanksgiving Day and Chri:;:.mas Day shall be paid at the race of double time. When one of the above holidays falls on Sunday, the following Monday shall be observed. NO. Tr All work performed on New Y,.;r's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Dny, Christmas Day, or t!~~ days observed as such, shall be paid aC the double time rate of pay. N0. 3r All work done on New `gar's Day, Decoration Day, July 4th, Labor Day, Vet:eran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. NO. 4r All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time race of pay. If any of the above holidays fall on Sunday, Mond.:y will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO. Sr All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Vet.eran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. N0. 6r All work done on New Year's Day. Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, >snd any additional holidays which may be mutually agreed upon shall be paid ac the double time rate of pay. Whenever any such holiday falls on a Sunday, the following Monday shall be recognized and observed as the holiday. N0. 7r All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Dey, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If e holiday falls on a Sunr'sy, is shall be observed on the Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. N0. 8r All .~~~rk done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and C:ristmas, or days observed as such, shall be paid ac the double time rate of pay. N0. 9 r All work done on New fear's Day, !•'.~~~:;oriel Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid for at the double time rate of pay. Any one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid at the double time rate of pay as all observed holidays. NO. 10: All work done on New Year's Day, Memorial Day, Independence Day, Veteran's Day, Thanksgiving Day, the day•sfter Thanksgiving and Christmas Day shall be paid at the double (2) time race of pay. Any holiday which occurs on a Sunday ahnll 1!e observed the following Monday. No work shall be performed ur+. LABOR DAY except to save life and property. N0. 11r All work done on New Year's D;~•, Pemorial Day, Christmas Day, Fourth of July, and Thanksgiving Day shall be paid for at the rate of double time. Positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day and the day after Thanksgiving Day shall be c;~..:zidered optional holidays, and if the employer and employees agree that work will be perfo<med on that day, no premium will be required. NO. 12r All work done on xt^w Year's Day, Decoration Day, Independence Day, Veteran's Day, Thanksgiving Day and Christr.u-s Day shall be paid at the double time rate of pay. Should any of these days fall on Sunday, then the following day shall be observed as the holiday. Under no circumstances shall employees be permitted to work on Labor Day. N0. 13r All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the rnte of time and one-half (1 1/2). N0. 14r All work done on Memorial. Day, Fourth of July, Thanksgiving Day, Christmas Day and New Year's Day shall be paid at the rate of time and one-half 11 1/2). No work atiall be done on Labor Day. When a recognised holid:.:y fella on Sunday, the following Monday is observed as the holiday. D161~,.,a, ANNUAL WAGE ORDER N0. 3 PAGE 1 OF! PAGES NO. 52: Means the regular: work week shall consist of five (5) eight (8) hour days Monday through Friday. The regular work day shall consist of eight (0) hours between 8:00 a.m. and 9:30 p.m. The option exists ~r the employer to use a 4-day, 10-hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. Hours each day (for 4-10's) shall be from 7:00 a.m. to 5:30 p.m. Work performed outside of the regular work day, rate of pay shall beat one & one-half (155) times the regular rate of pay for the first 2 hours of overtime. Work in excer:r of regular work after first 10 hours and Saturday, Sunday and holidays shall be at two (2) times the regular rate of pay. NO. 57: Means eight (8) hours per day kirall constitute a day's work and forty (40) hours per week, Monday to Friday inclusive, shal:.'r::onstitute a week's work. The regular starting time shall be 8:00 a.m. When circumstances warrant, the contractor may change the regular workweek to four (a) ten-hour shifts at the regular straight time rate of pay. The first two (2) hours of overtime worked Monday through Friday and [he first eight (8) hours on Saturday shall be paid at the rate of time and one-half (155). All time worked in excess of ten (10) hours, Monday through Friday sad eight (8) hours on Saturday and all time worked on Sunday and holidays shall be pair' for at the double (2) time rate of pay. N0. 58: Means eight (8) working hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work, Monday through Friday, shall constitute a normal working week. Work performed in excess of eight (8) hours per day, Monday through Friday, and all work performed ort Saturday shall be paid for the rate of time and one-half (155). when Sundays and recognized holidays are worked, the worker(s) shall be paid at the rate of double (2) time. Work may be scheduled on a four days a week (Monday through Thursday) at ten (10) hours a day schedule (at straight time). A Friday make-uC:. day is available if time is lost due to inclement weather and at least 16 hours, but not :yore than 30 hours, were worked during the week. A Saturday make-up day available only fc_ a 5-8's schedule, when eight (B) hours or more of time is lost during the normal work week due to inclement weather, at the regular time rate. NO. 63: Means eight (8) ho;:~s shall constitute the regular work day between time that may start as early as 6:00 a.m.'and end as late as 6:30 p.m. The Employer may establish a work week consisting of four days, Monday through Thursday, each day consisting of ten hours at straight time. The 4-1C•s must run for a period of at least four days, Monday through Thursday. All work on Friday on a 4-10's project will be paid at the rate of time and one- half. All work performed on Saturday shall be paid at time S one-half (155). All work performed o.r Sundays and recognized holidays must be paid at double (2) time.. All work performed prior to or after ti:e regular eight (B) hour work day, or ten (10) hour work day, as described above shall be paid ac time and one-half the regular rate. NO. 65r Means eight (8) hours shall constitute a day's work between 6:00 a.m. ar~d ending at 4:30 p.m., Monday through Friday. The Employer may establish a work week consisting of four days, Monday through Thursday: each day consisting of ten hours at straight time. The 4-10'e must run for a period of at least four days. All work performed over eight (B) hours in a eight-hour work day or over ten (10) hours in a ten (10) hour work day if on 4-10's schedule and all work performed on Saturday of a 5-8's week or Friday of a 4-10's week shall be paid at time 6 one-half (155) the regular rate, except for work performed on a Friday or Saturday make-up day. All work on Sunday or recognized holidays shall be classified as overtime and be paid at the rate of double (2) time. Any employee who is scheduled to work on any regular work day but is prevented from working .~a:cause of weather conditions, shall work on Saturday as a make-up day at the straight time .rate of pay if working a 5-8's week or Priday as a make-up day at the straight time rate of pay if working a 4-10's week (Friday and Saturday may be worked as make-up day9 in a 4-10's week when weather conditions result in the lose of more than one regular work ct4y:,: Friday must be worked before Saturday ten be utilized. N0. 68: Means eight (8) hours shall constitute a day's work between the hours of 7:00 a.m. and 5:30 p.m. from Monday co Friday inclusive. Daily overtime (over eight hours per day Monday through Friday) an? Saturday overtime (all hours except those that may have been worked as a make-up day) shall be paid at the time and one-half (155) rate, while the Sunday and holiday overtime shall be double (2) time. Any employee who is scheduled to work on any regular work day but is prevented from working because of weather conditions, shall work on Saturday as a make-up day at the straight time rate of pey. nw3u+u.or ANNUAL WAGE ORDER N0. 3 PAGG 3 OF ~ PAGGS Heavy Construction Rates for PLATTE County REPLACEMENT PAGE Section 083 CRAFTS 'Effective Date of Increase Basic Hourly Rates Over- Time Rates Holiday Rates _____ ___ Fringe Benefit Payments H 8 W Pen. Vac. Appr_Trc~ Other _ CARPENTERS -- ___ _ _ ..- - - ;,9 65 1 5 2.25 2.50 0_32 Journey_men -- - . - - - - _ -- 32 0 Mill i ht $ 9.65 1 5 2.25 2.50 . s ___ wr g iver Worker Pil D _ ____ _ _ $t 9.65 _ _ 1 _ 5_ _ 225 _ 2.50 0.32- -- r e - OPERATING ENGINEERS _ - - - _ _ - - - _ - ---- - I G $19 08 3 2 2.60 2.25 1.07 0.23 roup Group II _ _ -__ _ _ _ $18.07_ _ 3_ _ 2_ 2.60 0 __ _ 225 25 1.07 07 _ 0.23 _.__ 23 0 Group III _~18.07 9_ _ 2 _ 2.6 _ 2. _ t . 07 . 0 23 IV G $13 75 9 2 2.60 225 1. roup_ Oiler-Driver : _ $1 G.99 3 2 2.60 _ 2.25 1.07 _ 0.23 - ___ __ __ _ _ Iron Workers ¢. ~ J.71 9 5 2.90 2.90 0.17- ANN .75 CEMENT MASONS ~i 8.50 3 2 2.43 1_35 1.50 0.15 ____._ _ _ __ __ -- -- _ --- - LABORERS --------- ------ --- ----- - General Laborers g17.16 3 2 2.30 1.50 1.05 0.25 Skilled Laborers -_ ~? 8_04 3 2 _2.30 1.50 1.05 0.25 _ __- _-___ _ ___. - TRUCK DRIVERS-TEAMSTERS _ I Grou $17.80 3 2 2.40 2.00 1.25 _ p Grou I I __ ~ 17.80 _ __ 3 _____ __ 2 - 2_40 _ 2.00 1.25 - ~--- Group III _ _ _ 517.80 - 3 2 2.40 _ . 2.00 _ 1.25 _ _ Group IV _- __ - X17_80 _ 3 _ _ _ 2 _ 2.40_ _ 2:00 _ _ 1.25 _ __ ___ ANNUM.. WAGE ORDER N0.3 6/96 N0. 50: All work done on New Year's Day, Good Friday, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. if any Holiday falls on Sunday, the following Monday shall be recognized as the legal holiday. NO. 51: All work done on New Year's Day, Memorial Day, independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, or days observed as such, shall be paid at the double time rate of pay. In r.he even: one of the above holidays falls on Saturday, the holiday shall be celebrated on chat day. If the holiday falls on Sunday, the holiday will be celebrated on Monday following. NO. 51: There are four (4) p<'~:d holidays and they are: Labor Day, Christmas Day, Memorial Day, and Independence Day. For these four (9) days, all regular employees shall be paid for eight (8) hours of pay computed ac the regular straight time hourly rate, although no work is performed. Employees sis:.mil receive the double (2) time race of pay for any work performed on these recognized holidays. NO. 53i All work done on Liew Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall bc~ paid at the double (2) time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. when a holiday falls on Sunday, the following Monday shall be observed as t)te holiday. When a holiday falls on Saturday, the prc~::ding Friday shall be observed as the holiday. NO. 54: All work done on New Ycr::.r's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgi•:~..ig Day, and Christmas Day shall be paid at the double (2) time race of pay. When a holiday falls on Saturday, is shall be observed on Saturday. When a holiday falls on Sunday, it shall be observed on Monday. N0. 55~ All work done on Ner: Year's Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day and Two Floating Holidays lto be designated by the Company) shall be compensated at time and one-half 11'f,) the regular rate of pay. Should any of t.te above days fall on Sunday, 'the following Monday shall be considered ant! observed as the holiday. Should any of the above days fall on Saturday, the preceding Fr..t..ay shall be considered and observed as the holiday. NO. 56i All work done on New Year's Day, Decoration Day, Independence Day, ]'~abor Day, November 11 (which shall be recognized as Veterans' Day), Thanksgiving Day, The Day after Thanksgiving day, and Christmas day shall be compensated at the double (2) time rate of pay. When an observed holiday falls on Sunday, the following Monday shall be observed as the holiday. No work shall be performed on Labor Day except in cases of emergency, but: when work is performed on this holiday, the employee shall be compensated ac the triple (3) time rate of pay. NO. 57: All work done on New Year's Day, Memorial Day, Independence Day, ],abor Day, Veterans' Day (November li), Thanksgiving Day, and Christmas Day shall be compensated at the double (2) time rate of pay. when any of these holidays fall on a Sunday, the following Monday shall be observed. NO. 58i All work performed on.Plew Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor- day, November 11th (Veteran's Day), Thanksgiving Day and Christmas Day shall be paid ~:, the rate of double (2) time. No work shall be performed on Labor Day except for Preservation of life or property. bl~ldy.~r3 ANNUAL WAGE ORDER N0. 3 PAGE S OF S .PAGES VER`1'TMF. RATE SCHEDULE - HEAVY CONSTRUCTION N0. 1: Means eight (8) hours shall constitute a normal day's work Monday through Friday. Projects may be worked on the basis of a ten 110) hour per day, four (4) days a week schedule (Monday through Thursday). All hours worked over ten l10) hours per day Or forty l40) hours per week shall be paid a~ time & one-half (155). There are no provisions for make up days on Friday or Saturday, :'nrk on these days will be paid ac time and one-half 1155). On projects working iYve (5) c=;, eight l8) hour schedules (Monday through Friday), there is a provision called "SO hour window for forty (40) hours worked.' If inclement weather causes a curtailmec of work for projects operating under this 5-8's schedule, the employer may invoke the "50 'your window for forty (40) hours" provision. The Employer can work the carpenter employeF's up to ten (101 hours per day at straight time, until the employee reaches forty 140) tours in that week. Any time worked over the daily, make-up schedule (9 or 10 hours ?er day) and forty (40I hours per week, would be paid at time 6 one-half 1155). The abili.Gy of the Employer to alter their work schedule from the regular eight 8) hours per day to nine (9) or ten (30) hours per day at straight tune Ss only applicable after the Employer on that job site has lost work hours which are t.o be made up by the expanded daily work hours. Time 6 one-half (155) shall be paid for work performed on Saturdays. Double l2)tim;; shall be paid for work performed on Sundays and recognized holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as eight (8) hours coward a forty (40) hour work week, then all work performed over and above 3~ hours in that week would be paid at the race of time & one- half (155) . NO. 3: Means a regular work week cf forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew 1s prevented form working fort;~ (40) hours Monday through Friday, or any part thereof, by reason of inclement weather,' Saturday or any part thereof may be worked as a make-up day at the straight time rate to complete forty (40) hours of work in a week. Employees who are part of a regular crew or. a make-;:o day, notwithstanding the fact that they may not have been employed the e~;cire week, sh~.:.l work Saturday at the straight time rate. Time 6 one-half ("i!) shall be paid for all hours in excess of elght(8) hours per day (if working 5.8's) or ~En (10) hours per day (1f working 4-10's),or forty (40) hours per week, Monday through Friday. For all ti u:; worked on Saturday (unless Saturday or any portion of said day is worked as make-up to .;~m~plete forty hours), time and one-half (155) shall be paid. For all time worked on Sunday and recognized holidays, double l2) time shall be paid. N0. 3: Means a regular wor.c week shall consist of not more than forty (40) hours of work and all work performed over and above ten (10) hours per day and forty l40) hours per week shall be paid ac the rate of time 6 one-half (155). Workers shall receive time and one- half (155) for all work performed on Sundays and recognized holidays. Where one of the holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours shall be paid at time and one-half 1155). N0. 4: Means a regular work week shai:. consist of not more than forty (40) hours of work, Monday through Saturday, and all work ~,erformed over and above ten (10) hours per day and forty (40) hours per week shall be ~iald at the rate of time 6 one-half (1)5). workmen shall receive time and one-half (155) for all work performed on Sundays. NO. 5: Means a regular wort week may be Monday through Thursday (if working 4-10's) or Monday through Friday (if w;,rkinq 5-8's). Time & one-half 1155) is paid when working in excess of ten (10) hours per day (if working 4.10's) and on Friday & Saturday unless Friday and/or Saturday i.a used as a make up day. Time 4 one-half (155) is paid when working in excess of e1gh~. (8) hours per day (if working 5.8's), and on Saturday unless Saturday is used as a make-up day. Al?. Sunday work shall receive double (2) time pay. N0. 6: Means eight (8) hours. shall constitute the regular work day and forty (40) hours a work week, Monday through Friday. The Employer shall establish the starting time as early as 7:00 a.m. Time and one-half (155) shall be paid for work performed on a regular work day before the regular starting time and after the regular quitting time. Double (2) time shall be paid for work performed on Sunday and holidays. At the discretion of the Employer, Saturday can be used for a m4keup day. ANNUAL WAGE ORDER N0. 3 jjb,bck/c,msofflce/winword/~ap5lconv/allfilee/hv~o:.aw] 3 / 9 6 OVERTIME RATE SCHEDULE - HEAVY CONSTRUCTION N0. ~: Means the regular work day shall be either eight (8) or ten (10) :hours. The regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, ten (10) hours per day. All work over ter, (10) hours in a day or forty (40) hours in a week shall. be at the overtime race of time and one-half (155). Except as worked as a make-up d,ay, time on Saturday shall be worked at time and one•half (155). Time on Sunday shall be worked at double (2) time the regular rate of p:3~. NO. 8: Means eight l8) hours shall constitute a regular workday, Monday through Friday. Time and one-half (155) sha?:i be paid for work performed in excess of eight (8) hours on any regular workday. An Em~l:,yer may have the option to schedule his workweek from Monday through Thursday at ten ll~i hours per day at the straight time rate of pay with all hours in excess of ten (10) hoti~~s in any one day to be at the applicable overtime rate of time and one-half (155). If an Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. However, should a holiday occur, Monday through Thursday, the Employer shall gave the option to work Friday at the stralght time rate of pay to complete his forty (40) hours. Time and one-half 1155) shall be paid for work performed on Saturdays. Double l2) tlme shall be paid for work performed on Sundays and recognized holidays. N0. 9: Means eight l8) hours shall c•.::stltute a normal day's work )4onday through Friday. Any time worked over eight (8) hours );;:r day or forty (40) hours per week will. be paid at time and one-half ll)5) rate. Nork may be scheduled on a four (4) days a week (Monday through Thursday) at ten (bG) hours a day schedule. If such schedule is employed, then Friday may be used as a make up day when time is lost due to inclement weather. All work over ten (10) hours a day or over forty (40) hours a week must be paid at time and one• half 1155). If an Employer has started the work week on a five-day, eight-hours a day schedule, and due to inclement weather misses any time, then he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week 1n order to make up the lost time (10-hour make up day). All r+ork performed on Saturday shall be paid at ti n~ and one•half (155) . Double (2) time shall be paid for all time worked on Sundays and recognized holidays. In such instances where a recognized holiday is observed during the work week, is shall be counted as eight (B) hours coward a Eorty (40) )lour work week, then all work performed over and above thirty-two l32) hours in that week would be paid at the rate of time .~ one-half (1)5) . No 10: Means a regular work week may be Monday through Friday (if working 5-8's) or Monday through Thursday lif working 4-10's). Time and one-half (155) is paid when working in excess of ten (10) hours per day (if working 4-10's) Monday through Thursday. If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling) he shall have the option to work Friday ac the straight time rate of pay to complete his forty (40) hours. All necessary overtime in excess of eight (8) hours per day are? work performed on Saturday, shall be paid at time and one-half (155) the hourly rate. W~:k performed on Sunday and recognized holidays shall be paid at double (2) the hourly rate. NO. 11: Means eight (B) hc~i:rs shall be a regular work day beginning as early as 7:00 a.m. Time and one-half (155) shall ~a paid for all overtime hours (over eight (8) hours per day or over forty (40) hours per ~~F:el;) worked during the week, Monday through Friday and for all work performed on Saturday. Double (2) time shall be paid for all time worked orl Sunday and recognized holidays. ANNUAL WAGE ORDER N0. 3 jib:bck/c:maotflca/wiaword/vp5lco,v/all:ilra/hvyot.aHl 3 ~ 9 6 HOLIDAY RA'I'F SCIiEDULE - HEAVI' CONSTRUCTION No. 1: All work performed on New Yc :'~ Day, Decoration Day, Fowth of July, Labor I)ay, Veteran's Day, Thanksgiving Lay, and Christmas Day shall be paid at the double time rate of pay. When any ofthese holidays fail ~r, Sunday, the Monday following shall be observed as such holiday. No. 2: All work performer. on Ncw Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, :'nanJ:sgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of time and one-half (1%). When a holiday falls on Saturday, Friday shall t>r observed. When a holiday falls on Sunday, Monday shall be observed. No work shall be performed on Labor Day except to save lift or properr,~. Where one of the holidays specified falls or is obscrvcd during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (I'/~). No. 3: AU work performed on Ncw Year'.; Jay, Memorial Day, Iadcpeadcnce Day, Labor L-ay, Thanksgiving Day, Christmas r~a_~, or days observed as such, shall be paid at the rate of time & one- half(I%). When a holiday falLS nr Sunday, it shall be observed on the following Monday. No. 4: All work perfo-me:' on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. Whc,1 a holiday falls on a Sunday, Monday shall be observed. No. 5: All work performed on New Year's Day; decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, '~ hanlsgiving Day, Christmas Day, or days obscrvcd as such, shall be paid at the rate of double t(2) time. 1Yh~:n a holiday falls on a Saturday, Friday shall be obscrvcd. When .t holiday falls on a Sunday, Monday shall be observed. No work shall be performed on Labor except to save life or property. where arc of the holidays specified falls or is obscrvcd during the work week, then all work performed over and above thirty-nvo (32) hours in that week shall be paid at the rate of time and one-half (I %,). No. 6: All work done oa New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving and Christmas sha!! be compensated at the double (2) time rate of pay. When a holiday occurs on Saturday, it shall no4 ~~^ observed on either the previous Friday or the following Monday. Such days shall be a regular workday. !f such a holiday occurs on Sunday, it shall be obscrvcd on the following Monday. No wort: shall be performed on Labor Day. N0.7: All work done on Ne~v Year's Da}~, Memorial Day, Thanksmviag Day and Veteran's Day shall be paid at the double time rate of pay. No work shall be don° on Cluistmas Dr;~, Fourth of ]rrl}' or Labor Day. ~ When any of the above holidays fall on Sunday, the following Monday shall be observed as such holiday. If a holiday falls on Saturday, iC shall not be considered to be obscrvcd on the previous Friday or following Monday. Such days shall b.: regular workdays. ht~INL1AL WAGE ORDER N0.3 3/96 ,.pww...r..~ REPLACEMENT PALL' OUTSIDE F.LECTitIC1ANS COMMERCIAL WORK: These rates are to be used for the following rewuics: Bates, Benton, Cass, C:,rroll, Clay,1-{cnry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and SaGnc Classifications Journeyman Lineman Lineman Operator Groundman UT!I.ITY WORT: Classifications Journeyman Lineman Lineman Operator Groundman Fringe Benefits Health & Welfare - $2.OU National Electrical Annuity Plan - 2l% Apprenticeship & Training - 3/4 of 1 % National Elec. Ben. Fund - 3% Rate $23.75 $22.17 $ l 5.80 $21.3h $ 19.73 $ 13.76 OVERTIME RATE: Eight (8) hours of wor. `~etween time that may scan as early as 6:00 a.m with ending time of 4:30 p.m, and forty (40) hours with five (5) days, Monday through Friday inclusive, shall constitute the work week. Work performed outside of the aforementioned will be paid at the applicable overtime rate. The ovet~imc pay raft shall be one and one-half(1'/~) times the regular rate of wages, other than Sundays, t~c~Gdays and from ry~dnight until b:00 a.m, which will be paid at double (2) the straight time rate. HOLIDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days c::!ebratcd as such, shall be paid at th° double tirr: M~^ of pay. If the holiday falls on Saturday, it will be o'~::crvcd on Friday; if the holiday fallti on Sunday, it wil: observed on Monday, and shall !r paid for at double (2) the regular straight-runt rate of pay. KczNia~..wwt ANNUAL WAGE ORDER N0.3 5/96 EXHIBIT A SCOPE OF WORK Contractor shall perform the following Work: * Placement of approximately 240 C.Y. of rock riprap and bedding * Construction of a reinforced concrete flume * Construction of a sanitary sewer manhole * Associated grading, seeding, fertilizing, mulching, and erosion protection * Replacement of approximately 80 L.F. of 5 ft. wide asphalt path EXHIBIT B SCHEDULE OF RATES FOR EXTRA WORK PERFORMED ON A TIME AND MATERIALS BASIS For all extra Work City directs in writing that Contractor perform on a time and materials basis, Contractor shall be reimbursed in accordance with the following rates: Job Classification Hourly Rate All rates shall include all profit and overhead, as well as all insurance, taxes, and other fringe benefits of every kind, payable to Contractor. Contractor's overhead includes all salary and other costs of Contractor's officers, program or project directors, and all administrative, clerical, secretarial and home office staff, as well as all other home and field office costs and expenses. In addition to Hourly Rates, Contractor shall be reimbursed for its actual expenses paid to third parties, plus % for overhead and profit, if reasonably incurred in connection with the Work and approved in advance by City. Contractor shall provide original receipts for all out-of-pocket expenses for which Contractor seeks reimbursement. Contractor shall obtain City approval before subcontracting any extra Work. Contractor shall be reimbursed for approved subcontracts for extra work at the subcontract amount plus % as its profit and overhead; the subcontractor shall receive its actual costs, plus % as its profit and overhead. Contractor shall be reimbursed for its hourly usage costs of Contractor-owned equipment, including equipment leased or rented from an equipment supplier wholly or partially owned by Contractor, at the rates shown in the latest edition of "Nationally Averaged Rental Rate and Model Reference Data for Construction Equipment prepared by the Associated Equipment Dealers; if such rates exceed the lowest available rental rate for the particular equipment of the same age and type in the Kansas City metropolitan area, such lowest available area rental rate shall be used. EXHIBIT C - SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's performance of the Work: * Project Manual for Riverside, Missouri Soil Erosion and Bank Stabilizaton Renner-Brenner Park The Drawings governing the Work are as follows: Drawing Number Date 1 -Cover Sheet December 4, 1996 2 - Plan/Profile Sheet December 4, 1996 3-4 Cross Section Sheets December 4, 1996 - 5 -Detail Sheet December 4, 1996 BOND #5213346 _ 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that R.K. BREIT CONSTRUCTION SF.RVI( F.S -- ( ame o-fZontractorl PO BOX 551, RAYMORE MO 64083 ( teas o ontrac[orl a PARTNERSHIP ,hereinafter called Principal, and __. ( tporauon, artners tp, or m u EMPLOYERS MUTUAL CASUAT,TY CnMPANY ( ame o 'urcty) PO BOX 8550, KANSAS CITY MO 64114 _ _ ( reaa o urety hereinafter called Surety, are held and firmly bound unto CITY OF RIVERSIDE, MISSOURI ( ame o caner) 4500 NW HIGH DR, RIVERSIDE, MISSOURI 64168 (AOaress or vwnerl hereinafter called OWNER, in the penal sum of THIRTY-ONE THOUSAND EIGHT HUNDRED ~CHIRTY AND FIFTY CENTS---------------------------Dollars, $(31.830.50 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, sucessors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered i~tto a certain contract with the OWNER, dated the 23RD day of DECEhIBER , 1~~, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, al] the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surery and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its __ obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. Kaw Vdley Engineering Specifications 9.96 PERFORMANCE BOND SEC770N 00610 - PG 1 of 2 95-11,176 Gateway Sanitary Scwer Extension PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 'SEE counterparts, each one (Number) of which shall be deemed an original, this the 23RD day of DECE[~ER 19 96 ATTEST: I .~ °{ ~ (SEAL NL~ ••••4M'iWCas as to YngF~pat) PO BOXY 5515Wl~ iC !1 teas! R.K. BREIT CONSTRUCTION SERVICES , Principal By WILLIAM BREI r PARTNER _(S) PO BOX 551 ~ resa RAYMORE MO 64083 EMPLOYERS MUTUAL CASUALTY COMPANY urety /- By _ _ ~G DARR rU'ry FORD 2765 CANTRELL RD -~aareg8 -- HARRISONVILLE MO 64701 HARRISONVILLE MO 64701 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. Kew Vsuey Engineering Specifications 9.96 95-11,176 Getewsy Seniury Sewer Exte'uioa PERFORMANCE BOND SECTION 006!0 - FG 2 of 2 2765 CANTRELL RD ( teas EMC Insurance Companies N© 2 61:6 ~ 9 P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2s: Emcascoansuranc¢Comeany, an Iowa Corporation 5. Dakota Fire Insurance Company, a North llakota Corporation 3.' Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama t:nrporation hereinafter referred to severally as "Company" and collectively as "Companies",each does, by these presents, make, constitute and appoint: JUDITH A. MOORES, JOHN T. SOUTHARD, DARRIN G. STAFFORD, INDIVIDUALLY, HARRISONVILLE, MISSOURI its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN'AN AMbUNT NOT EXCEEDING TEN MILLION DOLLARS-------------------------=-------($10000,000.OQ) and to bend each Company thereby as'fully and to the same extent as if such instruments were signed by the duly authorized officers of each'such Company, and all of the acts of said attomey pursuanftd'the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is;made and-executed pursuant to and. by the authority of the following resolution of the Boards of Directors of each of the ,ompanies of the:.. second regularly scheduletl meeting:ofeach company duly called and held in 1990. RESOLVED: The Chairman of the Beard of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall>' have power antl authorityto (1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recegnizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him. Attorneys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of in iemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall by fully and in all respects binding uEon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully a nd in all respects 'oihding upon this company. The 'facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereatter;'wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and affect as thoughmanuall r affixed. IN WITNESS WHEREOF, The Crrmpahies have caused these presents to be signed for each by their officers as shown, and the Corporate'seals to be hereto affixetl his -5th day of March , 19 96 . /J Seals Bruce G. Kelley, C airman Philip T. Va Ek ren, enior Vice President of Companies 4 & 6; Presid t of of Companies,3 & 5 Companies 1 & 2 ~~trtr°°.INSQgA PN n OF : 'vP ,~ ,q4 '; /~ 'mot ~VS`aAPOAq~f ~C,P'- ZQa`pfl P~Agr < ZO =~OAPOFq ^,, L~. ~- ~naidL li~Ughen ower, Assistant Secretary o -SEAL ;= 0 1863 ~ ~: 1953 ~ 3 5t1~ March 9 2 ; ha - 2 R r, „_ : ate, =., . as : On this _ ay of AD 19 _~efore me a Notary Public in '~ •> , ,~ <? ° ~~ ~~ ~': `:~a "^ ^^`~~ and for Polk County, Iowa, personally appeared Bruce G. Kelley, Philip T. Van Ekeren, and -.''r uno`5",; ~ -~ ', ,~~'~ ' ;";'"` Donald L. Coughennower, who being by me duly sworn, did say that they are, and are known """"'~ to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, ;o Ne~flAN~FC,,, , \Q~~N; NRAN~~;,' `;QS~i.,>;~A,,;q~,;, respectively, of each of The Companies above; that the seals affixed to this instrument are the ~ , APOA;••, o = .~ , APOnq • ~ • .,~; Avoeq - o . seals of said corporations; that said instrument was signed and sealed on behalf of each of 3 .. d _ - The Companies by authority of their respective Boards of Directors; and that the said Bruce G. :~ SEAL , < , 6:, SEAL _ ; y ;SEAL : ~ . Kelley, Philip T. Van Ekeren, and Donald L. Coughennower acknowledge thl4 execution ofsaid -,~, ,~,,; ~ P ~,= :,oFS-,,, ,,,,:~Q,' instrument to be the voluntary act and deed of each of The Companies Iowa "°A~H o>wfl`, '• ^'OINE ,>°,,,° My Commission Expires September 30, 1997. ROTA KRUMINS 2 OCg. ~l ~ ~~ ~': MY COMMISSION EXPIRES Nota Public SEPTEMBER 30, 1997 ry CERTIFICATE I, David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing res lution of thg Boards of Directors by ea;h of The :Companies, and this Power of Attorney issued pursuant thereto on March ~ , 1990 on behalf of Judith A. Moores, John T. Southard , Darrin G. Stafford ari tme antl correct and are still in full force and effect. ` In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 23~ay of DHCII~ ,19 _ 96 I - _ /~ ~ Vice-President BOND #5213346 00621 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that R K CONSTRUCTION SERVICES_ (Name of Con[rac[or) PO ROX 551 RAYMnRF M" ~ Af1O' (Addrras of Cau[rac[or) a PARTNERSHIP ,hereinafter called Principal, and IIKPLOYERS MUTUAL CASUALTY COMPANY (Name of Surety) PO BOX 8550, KANSAS CITY MO 64114 (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF RIVERSIDE, MISSOURI (Name of Owncr) 4500 NW HIGH DR, RIVERSIDE, MISSOURI 64168 (Address of Ownerj hereinafter called OWNER, in the penal sum of A~NIDRFIFTYECENTSS~ EIGHT HUNDRED THIRTY Dollars, $ (31, 830.50 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. - THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the ~_ day of DECEMBER , 199ci.., a copy of which is hereto attached and made a part hereof for the construction of: GATEWAY SANITARY SEWER EXTENSION NOW, THEREFORE, if the Principal shall promptly make payment to all persolis, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension of modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and - coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation __ shall be void; otherwise to remain in full force and effect. 95-11176 - GalewaY SanifarY ~ies''n' F.xta~o~ KAW VALLEYENGINEERING, INC-9.96 PAYMENT BONT7-SECTION OOBZI - P 10F2 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder of the SPECIFICATIONS accompanying the same shall in any wise affect its obligation of this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, pURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in `~~- counterparts, each one of which shall be deemed an original, this the 23RD day of DECEMBER 19x6 ATTEST: R.K. BREIT CONSTRUCTION SERVICES Prin ipsl ' ~ - ~,,]E rincipal) •re~ary (S AL) By ~ (s) WILLIAM BREI P THE PO BOX 55T (Address) RAYMORE MO 64083 JC1LI imws as to Pringfpal PO OX 551 (Address) HARRISONVILLE MO 64701 z'"-^?T OYFR4 M[TTfTAT. Surety By . ARRIN G STAFFORD /, 2765 CANTRF`rJ, RD i" (Aaareas) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. END OF SECTION 00621 95-11176 -Gateway Sanit°~7''~"'e~ ~im~ PAVntEIVT BOND -SECTION OU821 - v 2 of 2 KAW VALLEYENGINEERING, INC -9.98 2765 CANTRELL RD (Aaaress) ER~~D ~~. . ~ ~ .....mot ~+ P: 0. BOX 9135 450Q HIGH DRIVE RtYER$IDE, MISSOURI 64168 815.741.3999 or t-t6a41.1191 CLARILrZCATION TO ADDENDUM #2 CONCERNING BID 80ND September 24, 1996 The Second item listed on Addendum #2 was miacommunicated as "Berformance Bond" when it should have read "Bid Y3ond". By this notice you wi]1 acknowledge that a "Bid Bond" is requixed for submission of your bid on $eptexnber 25, 1996. The attached Notice of Receipt should also be signed sad attached to the Bid. Axs>3~ Daniels city Administrator ~~We 7ake Pride in Our Progress" S'SP-24-96 TUE 11:45 AM CITY O RIVERSIDE 816 746 5349 P. 02 CITY OF RIVERSIDE ^~....._ P. 0. 80X 9195 450D HIGH DRIVE RIYERSIpE~ MISSOURI 84168 818.74b3993 or 816.141.1191 NOTICE OF Rr:CEIPT I, ~ 'C.fl {~ !~ . ~-! ti/Cfl /~ acknowledge that X have received the clarification to Addendum #2, dated >;eptemher 24, 1996, which states that a "Sid Sond" is required for this project. ~~ ~~~~~ Agenft- L /~lti1Ca4~ C.CJN.ST~[ O~c! ~~G Firm Hate ,s.~ro~~,/9g~ ~~~e.i~ 7~ke Prue fn Our Progress'" CITY OF w ~ ~ - ~ ~~r ~;:LS --~'~~~ ice. P. 0. BOX 8135 456Q HIGH DRIVE RIVERSIDE, MISSOURI 64168 a1B•7~1-3999 or 616-741-Ii91 ADDENDiJlL ~2 TO L3ATEWAY 3ANYTARY S>-sWER PROJECT 88PTEM88R ~4, 1996 This Adde>dum covers two t~) issues whiah must be considered pzior to submission of a bid for this project on September 25, 1996.: They are as follows: 1) An Alternate bid for 600' oP PvC pipe, SDR 35, to rep}.ace the original ductiXe iron pipe Fill be accepted from bidders. 2) A performance band WILT, SE required for this project despite what infozmation may have been received from the Engineer. Please see that the Performa>ace Bond is attached to your bid. Please attach this Addendum to the bidding documents and specifications you have previously taken. Attached i» a Notice of Receipt which must be returned with -the $id when ..submitted which indicates you have received this Add®ndum- ~i~v~~,~ Ann Daniels City Administrator CITY OF NOTICE OF REC$IPT OF ADDENDUM #2 TO GATEWAY SANITARY SEV~IER SYSTEM PROJECT SPECIFICATIONS ~~ ~ ~~~, ,, hereby Certify that I Y, have received the Addendum #2 to the Gateway Sanitary Sewer Pro ect Bidding 8pecificatior-s which d®tailed the Alternate Bid for PVC pipe to replace ductile iron and the requirement to post a Performance Bond. h .-, ~~~~~~ 1~~ r~~ Agent /~ NCA~U Cpw~SV~ /,~c. Firm ' pate S ~ a ~, -qa~- ., „-: .r~. ~„ (7lir Progress P. D. sox s1a5 4500 HIGH DRIVE RIVERSIDE, MISSOURI 64168 816.741-9999 or 816-741.1191