HomeMy WebLinkAboutR-2012-003 Agreement with Dayco Painting, Inc AMENDED RESOLUTION NO. R-2012-003
A RESOLUTION AUTHORIZING AND AWARDING THE PUBLIC SAFETY FACILITY MAIN
LEVEL INTERIOR PAINTING AND PATCHING PROJECT TO DAYCO PAINTING, INC. IN AN
AMOUNT NOT TO EXCEED $27,603
WHEREAS, the City of Riverside, Missouri issued an invitation to bid to contractors for
interior painting and patching of the Public Safety facility's main level; and
WHEREAS, two written bids were received from vendors for the painting and patching
project; and
WHEREAS, the purchasing policy adopted by the City provides for award of a bid to the
lowest responsible bidder with due consideration given to the quality of previous performance of
the contractor as well as the quality of service and product for this particular use required; and
WHEREAS, following an investigation of services and references, staff has
recommended award of the bid to the Dayco Painting, Inc. as the lowest responsible bidder; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to authorize
and approve the bid with Dayco Painting, Inc. in an amount not to exceed $27,603.00 for the fire
bay door upgrade project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the bid of Dayco Painting, Inc. for the interior painting and patching of the Public
Safety facility's main level project in an amount not to exceed $27,603.00 is hereby accepted
and approved; and
FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby
authorized to execute all documents necessary to carry out the terms and conditions of such
contract and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by th Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the [��ay of January, 2012.
` '�
ayor Kathleen L. Rose
ATTE$T:
�.--��.�� . �°�`; o
�City Clerk�� Approv to Form:
�—
a Tho son, City Attorney
ci aF
�RIYERSI �
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: i2-23-zou
AGENDA DATE: oi-3-2oi2
TO: The Mayor and the Board of Aldermen
FROM: Tom Wooddell
RE: Public Safety Faciliry main level interior painting and patching project.
BACKGROiJND: Funding to paint and patch the interior main level of the Public Safety Facility
was included in the zon-2mz budget. The project is based on patching and painting at all
offices ,interview rooms, training room, conference rooms, dispatch rooms, records rooms, break
rooms ,bunk rooms, shower and locker room, bathrooms, link area, hallways and corridors,
columns, door frames, apparatus room door, fire gear room door, and hard ceilings. Match
existing paint colors or approved colors.
Staff has received two sealed bids for the painting project.
* Dayco painting at $27,330.00
• TNG Field Services at $z9,z�7�7.00
FINANCE OFFICE AND BUDGET BACKGROiJND: The adopted 2oii-zoiz fiscal budget
included $42,000.0o for the Public Safety and the City Hall Facility.
REVIEWED BY AND RECOMMENDATION: Staff has reviewed bids and has used Dayco
Painting in the past. Staff recommends Dayco Painting Inc. be awarded the project based on
lowest and best bid.
� i
PROJECT MANUAL
PUBLIC SAFETY FACILITY INTERIOR PAINTING
` City of Riverside, Missouri
�Ja��r� ��, 2012
TABLE OF CONTENTS
CONTRACT DOCUMENTS
General Conditions
Work Authorization Affidavit
Agreement
E�ibit A Scope of Work
Exhibit B Performance Bond
Exhibit C Payment Bond I
Exhibit D Proposal
Exhibit E Prevailing Wage Rates
General Conditions
1. Work Authorization Affidavit and Documentation
Any Notice of Award is subject to the condition that the successful bidder shal] furnish to
Owner an affidavit and documentarion complying with the requirements of Section
285.530.2 R.S.Mo. When the successful bidder delivers the executed Agreement to Owner,
it shall be accompanied by the required affidavit and documentation. An acceptable form of
affidavit is included in the Bidding and Contract Documents. A copy of a completed, fully
executed E-Verify Memorandum of Understanding between the United States Deparhnent of
Homeland Security and the successful bidder is acceptable documentarion.
2. Safetv Training
Bidders are informed that the Project is subject to the requirements of Secrion 292.675,
RSMo, which requires all contractors or subcontractors doing work on the Project to provide,
and require its on-site employees to complete, a ten (10) hour course in conshuction safety
and health approved by the Occupational Safery and Health Administration ("OSHA") or a
similar program approved by the Missouri Department of Labor and Industrial Relations
which is at least as stringent as an approved OSHA program. The training must be
completed within sixty (60) days of the date work on the Project commences. On-site
employees found on the worksite without documentation of the required training shall have
twenty (20) days to produce such documentation.
3. Si�un� of Agreement
When Owner gives a Notice of Award to the successful bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement and all other Contract
Documents. Within ten (10) ddys thereafter Contractor shall sign and deliver at least three (3)
countetparts of the Agreement to Owner with all other Contract Documents attached and
signed as required, together with the required bonds, evidence of insurance, and work
authorization affidavit and documentation. Within ten (10) days thereafter Owner will deliver
all fully signed counterparts to Contractar. The Owner may issue a Notice to Proceed with or
at any rime after delivery of signed counterparts to Contractor.
AFFIDAVIT
(as required by Section 285.530, Revised Statutes of Missouri)
As used in this Affidavit, the following terms shall have the following meanings:
EMPLOYEE: Any person pertorming work or service of any kind or character for hire within the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization
programs �perated by the United States Department of Homeland Security or an equivalent federal work
authorization program operated by the United States Department of Homeland Security to verify information of
newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,
(a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature
of the person's conduct or that those circumstances exist; or
(b) with respect to a result of the person's conduct when the person is aware that the person's conduct is
practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not heve the legal right or authorization under federal law to work in
the United States, as defined in S U.S.C. 1324a(h)(3).
State of )
County of � �/ ) ss:
BEFORE ME, the undersigned authority, personally appeared 71�IrtES G',vc-�i2npu ►^ ,
who, being duly sworn, states on hislher oath or affirmation as follows:
1. My name is �Ay✓iE5 (s-vc�enpu.c_ and I am currently the President of
�1.{.�ev ��r► t�y► •� a ( kiereinafter "Contractor"), whose business address
is 5ao 7-+�•TUaa.(t ae. rawdo e�' 0 6Yr�, and I am authorized to make this Affidavit.
2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts �
stated herein. �
3. Contractor is enrolled in and participates in a federal work authorization program with respect to the
employees working in connection with the following services contracted between Contractor and the City of
Riverside: Public Safetv Facilitv Interior Paintina Proiect.
4. Contractor does not knowingly employ any person who is an unauthoriz ed alien in connection with
the contracted services set forth above.
5. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal
work authorization program with respect to the employees workin in connection with the contracted
services.
Further, Affiant saith not.
S' nature of ffiant /�
rinted Nam : � �c., v,n e5 (�nc �e �
n �y o e o me this ��ay of ,2012.
Notary Public•Notary Seal � �
State of Missouri, Jackson County �''' !�
Commission # 10421 D46 /!Lt � � 4 ��
My Commission Expires Dec 13, 2014 NOtBry PubliC
is io p e: � 3� ����
'PLEASE NOTE: Acceptable enrollmant and participatlon documentation consists of the following 2 pages of the E-Verify Memorandum of
Understanding:
1. A valid, completed copy of fhe first page identlfying the Contractor; and
2. A valld copy of the slgnature page completed and signed by the Contractor, and the Department of Homeland Security - Veriflcatlon
Division.
AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
DAYCO PAINTING. INC.
FOR
COMPLETION OF
PUBLIC SAFETY FACILITY INTERIOR PAINTING
CONTRACTOR: DAYCO PAINTING. INC. �
RESOLUTION NO.: �— oZU I a— D(J3
CONTRACT PRICE: $27.603.00
Agreement 1
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
PUBLIC SAFETY FACILITY INTERIOR PAINTING
THIS AGREEMENT, made and entered into as of the 0�' day of , 2012, by
and between the City of Riverside, Missouri ("City"), and DAYCO PAINTING, INC. (" ntractor"), shall
govern all Work to be provided by Contractor for City on the Project.
WHEREA , City, under the provisions of Resolurion No. R—�Ola—�03 , duly approved on
the l'7 day of p,vt r , 2012 and by virtue of the authority vested in City by the general
ordinances of City, intends to e ter into one or more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City,
and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in
chis Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other persons to
assist Administrator in performing Administrator's funclions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services,
materials, supplies, tools, equipment, supen�ision, management, and other items as set forth in this
Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the
Work, in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained,
IT 15 HEREBY AGREED by City and Contractor as follows:
ARTICLE I
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B. "Project," as used in this Agreement and the other Contract Documents, means the building,
faciliry, and/or other improvements for which Contractor is to provide Work under this Agreement. It may
also include construction by City or others.
C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services,
materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish
the results and objectives described in Exhibit A(Scope of Work} to this Agreeinent and the other Contract
Documents, in full compliance with all requirements set forth in the Contract Documents, subject to
additions, deletions, and other changes as provided for in Article VI of this Agreement. The Work may refer
to the whole Project, or only a part of the Project if work on the Project also is being performed by City or
others.
D. Contractor represents that it has evaluated and sarisfied itself as to all conditions and limitations
under which the Work is to be performed, including, without limitation, (1) the location, condition, layout,
Agreement 2
and nature of the Project site and surrounding areas, (2) generally prevailing climaric conditions, (3) labor
supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to
make any adjustment in either the Contract Amount or the time for performance of the Work because of
Contractor's failure to do so.
ARTICLE II
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents and
complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay
Contractor the sum of Twenty-seven thousand six hundred three Dollars ($27,603.00). This amount shall
include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the
Work, and shall be referred to as the "Contract Amount."
B. Payment of the Contract Amount sha11 be full compensation for all labor, services, materials,
supplies, tools, equipment, supervision, management, and anytlung else necessary to complete the respective
items in place, in full compliance with all requirements set forth in the Contract Documents. All costs,
permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are
included in the Contract Amount. No labor, seivices, materials, supplies, tools, equipment, supervision,
management, or anything else required by the Contract Documents for the proper and successful completion
of the Work shall be paid for outside of or in addition to the Contract Axnount. The work set forth in the
Conttact Amount shall be itemized in E�ibit D(Proposal). All Work not specifically set forth in Exhibit D
as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead,
expenses, taxes and compensation of every kind in connection therewith are included in the Contract Amount
set forth in Exhibit D.
C. This Agreement is subject to the Ciry Ordinances, and payment shall be limited to the amount
of particular appropriation for the Work by the Board of Aldermen. The total payment under this Agreement
shall not exceed the appropriation contained in Resolution No. �-aU ��- UL�3 authorizing the Work and
Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to
perform additional work in accordance with Article VI of this Agreement, and City enacts another resolution
authorizing the axnount City agrees to pay under Article VI. I
ARTICLE III
PROGRES5 OF WORK /SUBMITTALS
A. Contractor shall commence performance of the Work on the date indicated in a written notice
("Notice Co Proceed") that shall be given by City to Contractor.
B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this
Agreement) of all the Work as described in Exhibit A(Scope of Work), not later than �(Z working days
after the date indicated 'm the Notice to Proceed for commencement of performance of the Work. A working
day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does not prevent at
least six hours of continuous working time. Following Substantial Completion, Contractor shall proceed to
complete all uncompleted Work items as promptly as permitted by weather conditions or any other
conditions affecting completion of the Work.
Agreement 3
C. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to
achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation,
City may exercise its rights under Paragraph F below and Article XIII of this Agreement under all
circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure to
achieve Substantial Completion in accordance with Paragraph B above.
D. Time is of the essence in the performance of the Work and any other Contractor obligations
under the Contract Documents. Contractor shall upon commencement of conshuction work daily to complete
the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph does not
preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor
shall give the City at least 48 hours notice if intending to work on 5aturday, Sunday, holidays or days of
impending inclement weather.
E. Promptly after the execution of this Agreement, and in any event before commencing
performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies
the dates on which Contractar plans to begin and complete various parts of the Work, including dates on
which information and approvals are required from City. Upon City's written approval of the schedule,
Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule
on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the
Project. Neither the original schedule nor any update shall exceed time limits current under the Contract
Documents.
F. In the event Administrator determines that performance of the Work is not progressing as
required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished
within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other
right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's
progress. Such acceleration shall continue until the progress of the Work complies with the Contract
Documents and clearly indicates that all Work will be completed within the prescribed time.
G. Contractor shall submit to City for review and approval all shop drawings, samples, product
data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for
the accuracy and confornuty of its submittals to the Contract Documents. Contractor shall prepare and
deliver its submittals to City in a manner consistent with the construction schedule and in such tune and
sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall
not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract
Documents unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the
Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City
any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably
be required by City. Contractor shall perform all Work strictly in accordance with approved submittals.
City's approval does not relieve Contractor from responsibility for defective work resulting from enors or
omissions of any kind �n the approved submittals.
Agreement 4
ARTICLE IV
CONTRACT DOCUMENTS
A. The following documents, and any od�er documents that are attached to, incorporated by
reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City
and Contractor, and aze the Contract Documents:
1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND C�NTR.ACTOR.
2. SCOPE OF WORK (Exhibit A to this Agreement).
3. PERFORMANCE BOND (Exhibit B to this Agreement).
4. PAYMENT BOND (Exhibit C to this Agreement).
5. PROPOSAL (E�thibit D to this Agreement).
6. PREVAILING WAGE RATES (Elchibit E to this Agreement).
B. Contractor represents that it has examined and become fanuliar with the Contract Documents in
their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been
called to Ciry's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for
actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply
with all provisions of the Contract Documents, the Contract Documents shal] be cumulative, and Contractor
shall comply with all pravisions of all Contract Documents. In case of actual conflict, Contractor shall notify
City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City
directs.
ARTICLE V
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with a
schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City. Each applicarion for payment shall be based upon the percentage of actual completion of
each category, multiplied by the dollar value of such category.
B. On ar about the tirst day of Contractor's monthly accounting period, Contractor shall submit an
Application for Payment to the City representative designated in Article X1I. In addition to the amount of
payment requested in the Application for Payment, each application shall list the original Contract Amount,
the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions
to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any
further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify
each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state
the amount Contractor intends to pay each such subcontractor and supplier. An Application shall not include
a request for payment for any portion of the Wark that was pertormed or furnished by a subcontractor or
supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor
shall include with each Application all supporting documentation as City may require. City shall pay
Agreement g
Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's
designated representative, provided all Work and documentation are acceptable to City. Within 15 days of its
receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is
owed from the amount paid to Contractor.
C. All payments under tlus Agreement shall be made only upon the approval of Administrator.
Administrator shall review each application for payment and certiiy for payment such amounts as
Administrator deternunes are due Contractor. From the total amount certified, Administrator shall withhold
five percent (5%) as retainage until Substantial Completion of all the Work, as defined in Paragraph F below.
The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be
due (exclusive of retainage), payable out of the f'unds in the City Treasury available far Contractor under
Resolution No. 2�ao��-c�(�,�. Payment shall be made to Contractor after the Board of Aldermen review
and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check.
D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance
of any part of the Work. Contractor shall remain obligated to perform a11 Work in accordance with the
Contract Documents.
E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments
and release of claims and rights in connection with prior payments, in a form approved by City. City may, at
its option, also require a similar receipt and release of claims and rights from each subcontractor ar supplier
performing any Work, prior to making any pa}nnent to Contractor. The subcontractors' and suppliers'
receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all
debts for work performed or materials supplied included on any previous payment application to City from
Contractor have been satisfied and that the subcontractor or supplier waives and releases any and all claims I
or rights in connection therewith.
F. Contractor's retainage shall noC be released until Contractor notifies City's designaCed
representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work
shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents
for achievement of substantial completion of all the Work have been satisfied and the Administrator
determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City
can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days
of Administrator's certification that all the Work is Substantially Complete. If there are minor items
remaining to be completed after Substantial Completion, an amount equal to 200% of the value of each item,
as determined by Adininistrator, shall be withheld until such items are completed.
G. Contractor shall not be entitled to �nal payment far the Work until Contractor submits an
application for finAl payment, all requirements of the Contract Documents are complied with, and
Administrator issues his or her certificate to that effeck City, within 30 days after the delivery of
Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this
Agreement.
H. Acceptance of fmal payment by Contractor shall release Ciry from all further obligations to
Contractor, except as to such amounts, if any, Contractor has identified in its application for fmal payment as
claimed by Contractor. All claims not identified in the application for final payment are waived.
Agreement (
I. City may withhold final or any other payment to Contractor on any reasonable basis, including
but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors ar suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the
Contract Atnount,
5. Damage by Contractor or subcontractors or suppliers to property of City or others,
6. Contractor's breach of this Agreement, or
7. Contractor's failure to provide requested documentation.
J. If Contractor does not pay subconcractors or suppliers for labor and/or material properly
provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments
made to subcontractors and suppliers shall be cl�arged against the Contract Amount. This provision shall not
confer any right upon any subcontractor ar supplier to seek payment directly from City.
K. Notwithstanding any other provision for payment contained herein, in the event the Missouri
Department of Labor and Industrial Relarions has determined that a violation of Section 292.675 RSMo has
occurred and that a penalty as described in Article XXI shall be assessed, the CiTy shall withhold and retain
all sums and amounts due and owning when making payments to Contractor under this Contract.
ARTICLE VI
CHANGES/CLAIMS
A. City, without invalidating this Agreement, may at any time and without notice to any surety,
order additions to, deletions from, or other changes to the Wark. Upon receipt of such an order, in writing,
Contractor shall proceed as and when directed in the order. Contractar shall not proceed with any addition,
deletion, or other change without a written order. No oral direction or order shall constitute authority for
Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition,
deletion, or other change wichout a written arder from Ciry, Contractor shall not be entitled to any increase in
the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely
responsible for the acceptability to City of the addition, delerion, or other change.
B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance, the Contract Amount shall be inereased ar decreased as follows:
1. If the Work is covered by unit prices set forth in Exhibit D, by application of such unit prices to
the quantities of the items involved; or
2. If the Work involved is not covered by unit prices set forth in Exhibit D, by a lump sum as to
which Contractor and City mutually agree prior to the commencement of performance of the
change; or
3. If the Wark involved is not covered by unit prices set forth in E�ibit D and agreement to a
lump sum is not reached, the change shall be performed on the basis of reasonable expenditures
and savings of those perfonning the Work attributable to the change, including, in case of a net
Agreement �
increase in the cost of Contractor's performance, a reasonable allowance on the net increase for
overhead and profit, subject to the following:
Contractor shall keep and present, in such form as City may prescribe, an itemized accounting
of expenditures and savings together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs shall be limited to the following: costs of labor,
including social security, old age and unemployment insurance, fringe benefits required by
agreement or custom, and workers' compensation insurance; costs of materials, supplies, and
equipment, including cost of transportation; rental costs of machinery and equipment, exclusive
of hand tools, whether rented from Contractor or others; costs of premiums for all bonds and
insurance, permit fees, and sales, use or sirnilar taxes related to the Work; and additional costs
' of supervision and field office personnel directly attributable to the change.
If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an
equitable adjustment to the time for performance shall be made.
C. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the tune for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the Work, and no claim that City has been
unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such
enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents
or a change in the time for performance of the Work.
D. Agreement on any Change Order shall constitute a 6nal settlement of all matters relating to the
change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect
costs associated with such change and any and all adjustments to the Contract Amount and time for
performance of the Work.
E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of
the Work by an act or neglect of City, an employee, officer, or agent of City, ar an architect or engineer or I
separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire,
or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the
time far performance of the Work shall be equitably extended, provided that Contractor gives notice as
provided for in Paragraph F below.
F. Any claim by Contractor for additional time or money far the performance of the Work,
including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the Wark,
shall be submitted to City's designated representative within five (5) working days of the beginning of the
event for which the claim is made or on which it is based. If any claim is not submitted within the five-day
period, it shall be deemed waived.
G. No change or claim, nor any delay or dispute concerning the deternunation of any increase ar
decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from
proceeding with prosecution of the Work, including any Work as changed.
Agreement g
ARTICLE VII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work, maintain not less than
the following insurance coverages and amounts:
1. C�MMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City against claims for damage to
property and/or illness of, injury to, or death of any person or persons related to or arising ,
out of the Work. Such coverage shall have not less than the following limits:
a. Each occurrence �1,000,000.00
b. General aggregate $2,000,000.00
c. Products/completed operations aggregate$2,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• PersonaUadvertising injury
• Broad form property damage
• Independent contractors
• Explosion, Collapse, and Underground Damage
2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its
employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City against claims for bodily injury and/or
property damage arising out of the ownership or use of any owned, hired, and/or non-
owned vehicle and shall include protection for any auto, or all owned autos, hired autos,
and non-owned autos. The coverage shall have not less than a combined single limit of
$1,000,000.00 for each accident.
3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall
protect Contractor against all claims under applicable state workers' compensation laws.
Contractor also shall be protected through employer's liability coverage against claims for
injury, disease, or death of employees which, for any reason, may not fall within the
provisions of a workers' compensation law. The limits shall not be ]ess than the following:
a. Workers' Compensation Statutory
b. Employer's Liability:
• Bodily injury by accident $1,000,000.00
• Bodily injury by disease $500,000.00 each employee
Agreement 9
B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum
financial rating not lower than `B+XI" in Best's Insurance Guide, latest edition. All insurance shall be
written on an occurrence basis, and all aggregate lunits shall apply in total to the Work only. Each policy
providing general liability coverage or automobile liability coverage (including any umbrella or excess
policy that provides any required general or automobile liability coverage) shall provide contractual liability
coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing
general liability or automobile liability coverage (ineluding any umbrella or excess policy that provides any
required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional
insureds City, its employees, officers, and agents, and any azchitects, engineers, or other design professionals
engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any
additional insured, which other insurance shall be excess or contingent. The insurance provided to the
additional insureds shall apply, without limitation, to injury or damage caused by work included in the
products/completed operations hazard.
C. Contractor shall maintain the products and completed operations coverage for not less than ten
(10) years after the date of fmal acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement
at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers.
This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover
all risks of physical loss except those specifically excluded by the policy and shall insure at least against the
perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion,
theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage,
wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or
off the Project site or in transit, when at the risk of Ciry, Contrnctor, or a subcontractor or supplier.
Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until
final payment has been made to Contractor or until no person or entity other than City has an insurable
interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all
rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers
for damages caused by risks covered by the property insurance provided for in this Paragraph, except such
rights as they may have to the proceeds of the insurance.
E. All policies and certificates of insurance shall provide no less than 30 days' prior written notice
to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not
limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the
certificate of insurance. Contractar shall furnish City a certificate or certificates and copies of policies, all
sarisfactory to City, evidencing that Contractor has all the required insurance and is in compliance wifh this
Article. The certificate or certificates and copies of policies shall be delivered to City's designated
representative not less than seven days before Contractor first performs any of the Wark. All policies except
Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its
employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on
behalf of City.
F. Contractor also shall maintain any additional insurance coverages and any higher limits
provided for elsewhere in the Contract Documents and shall furnish City any additional insurance
docuxnentation provided for elsewhere in the Contract Documents.
Agreement 10
G. If any part of the Work is subcontracted, each subcontractor, or Contractor on behalf of the
subcontractor, shall maintain liability and worker's compensarion insurance coverages and amounts
satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City,
evidencing the required insurance and compliance with this Article VII shall be delivered to City's
designated representative not less than seven days before the subcontractor first perfortns any of the Work.
H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post
in a prominent and easily accessible place at fhe work site a clearly legible copy of the following: (1) the
notice of registration for employer withholding issued to such transient employer by the Director of Revenue;
(2} proof of coverage for workers' compensation insurance or self-insurance signed by the transient
employer and verified by the Department of Revenue through the records of the Division of Workers'
Compensation; and (3) the notice of registration for unernployment insurance issued to such transient
employer by the Division of Employment Security. Any transient employer failing to comply with these
requirements shall, under Section 285.234 RSMo be liable for a penalty of �500 per day unril the notice
required by this Paragraph are posted as required by law.
ARTICLE VIII
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnif'y, and hold harniless
City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged
by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to
attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim,
damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or
destruction of tangible property (other than the Work itsel fl, but only to the extent caused or allegedly caused
by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and
shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a
party or person described in this Paragraph.
B. In claims against any person or entity indemnified under the preceding Paragraph A by an
employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for
whose acts they may be liable, the indemnification obligation under Paragraph A shall not be limited by a
limitation on the amount or type of damages, compensation, or benefits payable by or far Conh�actor or a
subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit
acts.
ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents
from and against any claitn, action or suit that may be brought against them for Contractor's infi 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.
Agreement 11
ARTICLE X
COVENANT AGAINST UNDUE INFLUENCE
A. Contractor represents and warrants that it has not employed or retained any company or person,
other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, bmkerage fee, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the right to void this
Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made, directly or
indirectly, by ar on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who
may reasonably be expected to influence the decision to requisition issue or take any action with respect to
this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public
accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article.
ARTICLE XI
RECORDS REGARDING PAYMENT i
I
For a period of at least two (2) yeazs after final payment to Contractor, Contractor shall maintain, in
accordance with generally accepted accounting principles, such records as are necessary to substantiate that
all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract
Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of
completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not
charged on a lump sum basis, the records to be maintained hereunder include but are not ]imited to all
contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records,
canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon
reasonable priar notice to Contractor, be given the opportunity to audit these records at any time during
normal business hours to verify the accuracy of Contractor's invoices and charges.
ARTICLE XII
NOTICES
A. The following persons are designated by the respective parties to act on behalf of such party and
to receive all written notices and Payment Applications:
For Ci : For Contractor: a co Paintin Inc.
David Blackburn
City Administrator ,��
City of Riverside, MO
2950 NW Vivion Ja es Goc�enour
Riverside, M064150
1 °S: �flt
S`�o 2�walt
Agreement ��v�e�..�� ►vLa (ayF030 12
B. Any notice required by the Contract Documents to be given in writing or that either City or
Contractor wishes to give to the other in writing shall be signed by ar on behalf of the party giving notice.
The notice shall be deemed to have been given when it is received at the address stated above for the
addressee or at such other address as the addressee may furnish the other party.
C. Contractor's designated representative shall be available to meet with City at any tnne during
the perfortnance of the Work and shall have full authoriry to act on Contractor's behalf on any matter related
to this Agreement and/or the Work.
ARTICLE XIII
DEFAULT
A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as
determined solely by City) will become unable to comply with any of Contractor's obligations under the '
Contract Documents, including but not limited to (1) failure at any tnne to furnish sufficient labor or
supervision, sufficient materials or services (uicluding but not limited to insurance and bonds) complying
with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary
for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and
diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the
Project, or (4) abandonment by Contractar of all or any part of the Work, Contractor shall be in default, and
if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to
correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary
labor, supervision, materials, tools, equipment, services, ar other items through City or others, to correct the
default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or
all of the Work and take over and complete the performance of such Work, through City or others, at
Contractor's expense.
B. If City exercises its right to take over and complete any part or all of the Work, City and its
designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other
items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the
site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees
or former employees, all without any liability to Contractor.
C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature
incurred by City as a result of any default by Contractor, including but not lnnited to the cost of labor,
supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees.
Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses,
damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting
from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties,
losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and
Contractor shall pay City the full amount of any excess of such total over the amount otherwise due
Contractor.
D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive
of any other right or remedy provided or pertnitted in the Contract Documents or by law ar equity, buC each
right or remedy is cumulative of every other right or remedy, and every right ar remedy may be enfarced
Agreement 13
concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from
full and absolute responsibility for all of Contractor's obligadons under the Contract Documents.
E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any
of City's rights ar remedies shall waive or excuse the default, and City shall remain free to pursue all rights
and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of
Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or
relinquishment of City's right to insist upon strict perforniaiice of the obligation in any future instance.
ARTICLE XIV
TERMINATION FOI2 CITY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default, terminate
Contractor's performance of any part or all of the Work for Ciry's own convenience by giving written notice
to Cantractor. Upon receipt oF notice of termination for City's convenience, Contractor shall, to the extent
directed by City, stop work and turn over to City or City's designee materials and equipment purchased for
the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the
Work as is actually performed as of the termination for convenience. City shall not be obligated to
Contractor for any further payment, including but not limited to prospective overhead or profit on
unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by
Contractor is determined later to have been unproper, the termination automatically shall be converted to a
termination for City's convenience, and City's obligarion to Contractar shall be limited to payment to
Contractor as provided in this Article.
ARTICLE XV
COMPL[ANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules,
regularions, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure
all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall include
(a) a signed statement, in foxm acceptable to City, showing, for each weekly payroll period that ended during
the period covered by the Application for Paytnent, the name, address, social security number, occupation,
and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the
number of hours worked each day, the total hours worked during the payroll period, the gross amount earned,
an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each
subcontractor of any tier that employed any workers in connection with the Work during the period covered
by the Applicarion for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the State of
Missouri.
Agreement 14
ARTICLE XVI
PREVAILING WAGE
A. Not less than the prevailing hourly rate of wages, as set out in the wage order set forth in
Exhibit E attached to and made a part of the specification for work under the Contract, must be paid to all
workers perf'orming work under the Contract.
B. The Contractor will forfeit a penalty to the City of $100 per day (or portion of a day) for each
worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or by
any Subcontractor.
C. During periods of excessive unemployment (any month immediately following two consecutive
calendar months during which the level ofunemployment in the state has exceeded five percent as measured
by the United States Bureau of Labor Statistics) only Missouri labors (persons who have resided in Missouri
for at. least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive
states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers
from working on public works projects in that state, as determined by the Labor and Industrial Relations
Commission), may be employed under the contract, except that other laborers may be used when Missouri
laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particulax
type of work involved, if so certified by the Contractor and approved by the City.
ARTICLE XVII
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any
money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for
any or all of the Work. City's consent to any assignment, subcontract, or purohase order shall not relieve
Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to
any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing
and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order.
C. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that
it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or
future subcontract or purchase order issued by Contractor f'or any or all of the Work. This assignment shall
be effective upon acceptance by City in cvriting and only as to the specific subcontract(s) andlor purehase
order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether
before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written
consent.
ARTICLE XVIII
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is perforxned in a manner that affords
reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas.
Agreement 15
�
B. Representatives of City may inspect or review any Work performed by Contractor, and consult
with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of
Work unless specifically stated in writing. Contractor shall meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the Project site clean and free
from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area
and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials.
Contractor shall make provisions to minimize and confine dust and debris resulting from construction
activities. If Contractor fails to comply with cleanup duties within 24 hours after written notification from
City of non-compliance, City may implement cteanup measures without further notice and deduct the cost
from any amounts due or to become due Contractor.
ARTICLE XIX
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence,
and experience to perForm all the Work.
ARTICLE XX I
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the performance of the
Work, and shall carry out its responsibilities in accardance with customarily accepted good professional
practices. If any defects in the Work are discovered within one (1) year from final completion of the Work,
Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to
Contractor's obligation to perfortn its Work properly. Neither final payment, Administrator's final certificate,
nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work
free of defects in workmanship and material.
B. Contractor shall remain solely responsible for the performance of the Work as required by the
Contract Documents, notwithstanding any suggestions or observations made by another person or entity with
respect to the Work.
C. This Article does not establish a period of limitation with respect to any obligation of
Contractor under the Contract Documents, and does not limit the time allowed by law for any action for
hreach of such obligation.
ARTICLE XXI
STORAGE OF MATERIALS AND EQUIPMENT
Only materials and equipment that are to be used directly in the Work shall be brought to and stored
at the Project site by Contractar. After equipment is no longer required for the Work, it shall be promptly
removed from the Project site. Protection of construction materials and equipment stored at the Project site
from weather, theft, and all other casualty or dainage is solely the responsibility of Contractor.
Agreement 16
ARTICLE XXII
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions
and programs in connection with performance of the Work and shall talce reasonable precautions for the
safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and
other persons at the Project site or who may be affected by the Work, (2) materials and equipment stared at
on-site or off-site locarions for use in performance of the Work, and (3) other property at the Project site or in
its vicinity, such as trees, shrubs, lawns, wallcs, pavements, roadways, shuctures, and urilities not designated
for removal, relocation, or replacement in the course of construction.
B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances,
rules, regulations, orders, and the like bearing on safety of persons or property or their protection from
damage, injury, or loss.
C. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational
Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site
at the Project. The construction safety program shall include a course in construction safery and health that is
approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial
Relations which is at least as stringent as an approved OSHA program as required by Section 292.675
RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty
(60) days after the date work on the project commences. Contractor acknowledges and agrees that any of
Contractor's employees found on the Project site without documentation of the successful completion of a
construction safety program shall be required to produce such documentation within twenty (20) days, or will
be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the
requirements of this Paragraph and Section 292.675 RSMo.
Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500,00), plus
one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for
each calendar day, or portion thereof, such on-site employee is employed without the construction safety
training required herein. The penalty described in this Paragraph shall not begin to accnie until the time
periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this
Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial
Relations.
D. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility far Contractor's safety program, may require Contractor to stop performance of the Wark ar
take corrective measures satisfactory to City, or bofh. If Contractor does not adopt corrective measures, City
may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall
make no claim for damages, for an increase in the Contract Amount, or for a change in the time for
performance of the Work based on Contractor's compliance with City's reasonable request.
ARTICLE XXIII
AUTHORIZED EMPLOYEES
Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from
knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform
Agreement U
work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of
subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or
continue to employ any unauthorized aliens to perform work on the Project, and that its employees are
lawfully eligible to work in the United States.
ARTICLE XXIV
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers,
employees, or agents shall be deemed an employee ar agent of City for any purpose.
ARTICLE XXV
CONFLICT
Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in
the Contract Documents, or between any Contract Document and actual field conditions, and City shall
resolve such conflict, ambiguity or inconsistency in its sole discretion.
ARTICLE XXVI '
BONDS
Prior to comrnencing any Work, Contractor shall obtain from a recognized surety acceptable to
Administrator, a performance bond and a payment bond, in the forms at Exhibits B and C to this Agreement.
Each such bond shall be for the full Contract Amount. The premium for these bonds is included in the
Contract Amount.
AI2TICLE XXVII
SE VERABILITY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenfarceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXVIII
NO PRESUMPTION AGAINST THE DRAFTER
No presumption or inference against City sha11 be made because of City's preparation of this
Agreement or other Contract Documents.
ARTICLE XXIX
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach
thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good
faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree
otherwise, the mediation shall be administered by the American Arbitration Association under its
Construcrion Industry Mediation Rules.
Agreement 18
B. In the event of litigation between Contractor and City concerning the Project or this Agreement
or other Contract Documents, the prevailing party shall be entitled to recover from the other party its
reasonable attomey fees, costs, and expenses arising from such litigation.
ARTICLE XXX
TITLES
The titles given to the Articles in this Agrecment are for ease of reference only and shall not be relied
upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any
of the provisions of any of the Articles.
ARTICLE XXXI
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the parties
with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or
written, are of no fiu force or ef'f'ect. Subject to Article VI of this Agreement, this Agreement and any I
other Contract Document may be amended, changed, or supplemented only by written agreement executed
by both of the parties.
THIS AGREEMENT shall be binding on the parties only after it has been duly executed by Ciry and
Conh
1N WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
CITY F VERSIDE
. B
MAYOR
ATTEST:
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` �.�i��..Cti.L��P.�i
CITY CLERK. .
, CONTRACTOR
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B ' ""'r
Pr' ed Name: J��
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ATTEST:
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Agreement 19
EXHIBIT A— SCOPE OF WORK
CONTRACTOR SHALL PERFORM THE FOLLOWING WORK:
1. Paint and patch matching the following specifications:
A. Bid shall be based on patching and painting at all offices ,interview rooms, training room,
conference rooms, Dispatch rooms, Records rooms, break rooms ,bunk rooms, shower and
locker room, bathrooms, link area, hallways and corridors, colu�uis, door frames, apparatus
room door, fire gear room door, and hard ceilings. Match existing paint colors or approved
colors. The Ciry shall be the sole determiner of the acceptability of the proposed substitute
manufacturers and products.
B. Paint type Sherman Williams Promar 200 egg shell for wall and ceilings.
C. Paint type Sherwin Williams DTM for metal frames, moldings and columns.
D. Surfaces must be clean and dry before painting. Dirt, dust, rust, old loose paint or other
materials which could adversely affect final paint finishes aze to be removed prior to
application of paint. If, for any reason the surface cannot be cleaned, this condition shall
immediately be brought to the attenrion of the Owner. Application of paint to any surface is
evidence of acceptance of that surface. Repair small holes, sand and spot prime as needed.
E. Moving and replacing of furniture and wall fixtures.
F. Before acceptance of the work, the contractor shall clean the work site and all grounds
occupied by him in connection with the work of all rubbish, excess materials, temporary
structures, and equipment, and all parts of the work shall be left in a neat and presentable
condition.
G. Include all manuals with warranty and supplier contact information.
H. CONTRACTOR MUST PURCHASE A RIVERSIDE CITY BUSINESS LICENSE AND
PR�VIDE AN INSLJRANCE CERTIFICATE.
EXHIBTT B - PERFORMANCE BOND
FOR THE FAITHFLJL PERFORMANCE of each of the terms and stipulations of the
AGREEMENT BETWEEN CITY OF RNERSIDE AND CONTR.ACTOR, dated
�� �.�n ttia.r� .3 C7 , 2012, designated Resolution No. �p 1 a- Q 0 3 , in every
particular, , as Principal, and
' c � , as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Missouri, in the penal sum of �„?� , 3�,G , o_°
lawful money of the United States, conditioned that in the event Principal shall faithfully and
properly complete the Work required by the Coniract Docuxnents described in the Agreement
and perform all of its obligations and duties pursuant to the terms of the Contract Documents,
including, without limitation, all warranty obligations and duties and including those under
which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker
required to execute the Work in the locality as determined by the Departrnent of Labor and
Industrial Relations of Missouri or by Cu1a1 judicial deternvnation pursuant to the provisions of
Sections 290.210 to 290.340 and 290.550 tlu�ough 290.580, inclusive, of the Revised Statutes of
Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety
hereby stipulates and agrees that no change, extension of rime, alteration or addition to the terms
of the Contract Documents ar to the Wark to be performed thereunder shall in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work.
��a ��
PRINC
By: .�
Print Name: Ja �e�"U'o�henour
Title: �r��i�P,ilt
Date:
S_e�e Gt.� �
SURETY
By:
(Signature)
Printed Name:
Title:
Date:
SURETY POWER OF ATTORNEY MUST BE ATTACHED
Agreement - Exhibit B Page 1
=�-AIA Document A312T'" - 2010
Performance Bond Bond No. moc64806
CONTRACTOR: SURETY:
(Name, /egal sdatus nnd address) (Name, lega! status and principal p/ace
DayCO Painting, InC. ofbusiness)
500 Zumwalt Merchants Bonding Company (mutual) This document has important legal
Grandview, MO 64030 2100 Fleur, Des Moines, IA 50321 consequences. Consultation with
OWNER; a� attomey is encouraged with
(Name, legul status and address) respect to its completion or
modification.
City of Rlve�Side, MO Any singular reference to
2950 NW Vivion Rd, Riverside, MO 64150 Contractor, Surety owner or
other paAy shall be considered
CONSTRl1CTI�N CONTRACT plural where applicable.
Date: January 2D, 2012 AIA Document A312-2D10
com6ines hvo separate bonds, a
Amount: $27, 326.00 Pertormance eond and a
Payment Bond, into one form. !
DesC[Iphon: This is not a single combined �'�
(Nume and location) PeAormance and Payment Bond.
painting of public safety - Riverside, MO
BOND
Date: January 20, 2D12
(Not earlier than Construction Confract Date)
Amount: $27,326.00
Mudifications to this Bond: �one ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corpnrate Seal) Compauy: (Corporate Seal)
Darco Painting, Inc. Merr,hants Bonding Company (mutual}
Signata . Signature:<'�-�=''/ i ��
Name � � Uu ✓ Name David S. Salavitch, attorney in fact ;
and 'Citfe: .esr � �t� and Title: : '
(Arry additiona! signalures appeur an the lust page of Ihis Performance Bond)
(FOR INFORM.4770N ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE: �
(_4rchitect, Engineer or other parry.)
Alswtt, Inc.
24901 Woodland Circle, Lee's Summit, MO
64086
816-674-8067
I �� AIADoeumentA312"'-2010.TheAmencanlnstitutedArchaects. �+>>o
1
i
§ 1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigrts to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Conslruction Con[ract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to par[icipate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contrac[, the Surety's obligation under this Bond shall arise
afler
.1 the Owner first provides notice to ttie Contractor and the Surery thac the Owner is considering declazing
a Contractor DefaulL Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surery may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees othenvise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a rcasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's rigl�t, if any, subsequently to declare a Contractor
Defaul[;
.2 the Orvner declares a Contractor Default, terminates the Construction Contract and notifies the Surery;
a�id
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surery or to a contractor selected w perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 6.1 Aaange far the Contractor, with the consent ofthe Owner, to perform and eompleto the Construction Con�act;
§ 5.2 Undertake to perform and complete the ConstrucGOn Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages az described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrar�ge for completion, or obtain a new contractor a�id with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is detettnined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 8 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its o6ligations under this Bond, and the Owner shall be entitled to enforce any
remedy availahlc to the Owner. [f the Surety proceeds as provided in Section 5.4, and [he Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy avaifable to the Owner.
Init. A�A�ocumentA312'"-20�O.TheAmem�anlnsfituteofArchitec4s.
2
§ 7lfthe SureTy elects to act under Section S.l, 5.2 or 53, then the responsibilities ofthe Surety to the Owner shall not
be greater than those of the Conuactor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of tlie Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional ]egal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages aze specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liahle to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond [o any perso� or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 Tlie Surery hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligaliuns.
§ 11 Any proceeding, legal or equitable, under diis Bond may he instituted in any court of competen[ jurisdiction in
thc location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two yeazs after the Contractor ceased working or within two years after the Surety
refuses or fails to perf'orm its obligations under this Bond, whichever occurs first. If the provisions of this Pazagraph
are void or prohibited by law, the minimum period of limitation available w sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, tkte Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where
the construction was ro be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom aud provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall 6e construed as a s[atutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balante of the Contraet Price. The to[al amount payable by the Owner to the Contractor under the Construction
Contract after aIl proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Conttactor is
entitled, reduced by all valid and proper payments made to or on behalf of the Cuntractor under the Construction
Contract.
§ 14.2 ConStruCtion Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contraetor Detault. Failure of the Contracmy which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contraclor as required
under the Construction Contract or to perform and complete or comply with the othcr material terms of the
ConsRUCtion Contract.
§ 14.5 Contratt DocumeMs. All the documents that comprise the agreement between lhe Owner and Contractor.
§ 15 If [his Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall he deemed to be Subwntractor and the term Owner shall be deemed to be Contractor.
Init 0.1A Document A312'" — 2070. The Amencan InstiWle of Architads.
3
I
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other ihan lhose appearing on the cover page.)
CONTRACTORAS PRtNCIPAL SURETY
Company: (Corporate Seal) Company: (Corporote Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Init A�A Document A312"' —2010. The Amencan InstAule of Arehiteets.
4
MERCHANT�
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that ihe MERCHANTS BONDING COMPANY (MUTUAL), a corporation duty organized under
the laws of Ihe State of lowa, and having its principal offce in the City of Des Moines, County of Polk Slate of lowa, hath made,
wnstituted and appointed, and does by these presents make, constitute and appoint
David S. Salavitoh
of Lee's Sutnmit and State of Missouri its true and law(ul Attomey-in-Fact, with full power
and authority hereby conferred in its name, place and stead. to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
TV1'O MILI.ION FIVE HUNDRED TIIDUSAND (�2,500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized offcers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Altorney-in-Fact,. pursuanl to the authority herein given. are hereby ratified and conftrmed.
This Power-of-Attorney is made and executed pursuanl to and by authority of the following Amended Substituted and Restated 8y-
Laws adopted by the Board of Directors ot ihe MERCHANTS 60NDING COMPANY (MUTIJAL) on November 16, 2002.
ARTICLE II, SECTION 8- The Chairman of the Board or President or any Vice President or Secretary shall have power and
au(hority to appoint Attomeys-in-Fad, and to authorize Ihem ta execute on hehalf of ihe Company, and altach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in �he nature
thereof.
ARTICLE II, SECTION 9- The signalure of any authorized offcer and �he Seal of the Campany rnay be affixed by facsimile
to any Power of Atlorney or Certifcalion thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have lhe
same force and effect as though manually fxed.
In Witness WhereaT, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by fts President and
its corporate seal to be here�o affixed, this 25th day of February . 2009.
.••-.•.
��a��NG COMA, MFRCHANTS BONDING COMPANY (MUTUAL)
�• 9�.
• c� " :
:�:_ -o- "'� :
o 3 �
: y� 1933 � c: �y �
.J•. .:�ti.
•,6,�W.....- `�d..
STATE OF IOWA �•.. �;,. •'� President
COUNTY OF POLK ss.
On this 25th day of February , 2009 , 6efore me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS 60NDING COMPANY (MUTUALJ, the corporalion descn6ed in lhe foregoing instrument, and that the
Seal affixed lo ihe said instrumenf is the Corporate Seal ot the said Corporation and lhat the said instrument was signed and sealed in behali
of said Corporation by authority of its Board of Directors.
In Testimany Whereof, I have hereunto set my hand and affxed my Official Seal at the City of Des Moines, lowa, the day and year first
above written.
+��� CINDY SMYTH / /y(�G�/
Commission Number 173504 w "` �1
My Commission Exp ires
MafCh 16, 2012 Notary Public, Polk County, lowa
STATE OF IOWA
COUNTY OF POLK ss.
I, Wlliam Warner. Jr., Secretary o( the MERCHANTS 80NDING COMPANY (MUTUAL), do hereby certity that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in tull force and effect and has nol been amended or revoked. '1
In Wtness Whereof, I have hereunto set my hand and affixed the seal of the Company on this J� J�ay of � n�^ ?°� i
,.....,�
�
� O��`�POCO�'°q' �/
� y ; v� '99,;.5� . �/��� �,�-��
��..._ -o- ''": . . _ .
° i 3 Secrefary
' a�'• 1933 : C;
POA 0001 (1 /09) : yJ��� . •,.: ' � .��.��`; • _ -.
, :
•....•
`,
"���,,,�,�.����.�°�•
EXHIBIT C — PAYMENT BOND
�� a,c� �a.��..(-�1tic � �. and the CITY OF RIVERSIDE, M[SSOURI,
have entered into an Agreement dated , � tt,v��.r,�h '3d , 2012,
�-
designated Resolution No. �O la.— �G 3
��n�:� a� l�ct2Y��, �� , as Principal, and
as Surery, hereby bind themselves and theu
respective heirs, executors, administrators, uccessors, and assigns, unto the City of Riverside,
Missouri, in the penal sum of ���, � a(. • pp ]awful
money of the United States, conditioned that in the event Principal shall pay the prevailing
hourly rate of wages for each craft or type of worker required to execute the Work required by
the Contract Documents described in the Agreement in the locality as determined by the
Deparlment of Labor and Industrial Relations of Missouri or by final judicial determination
pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580,
inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all
amounts due for material, machinery, equipment and tools, consumed ar used in connection with
the construcrion of such Work, and a11 insurance premiums, workers' compensation, and all other
kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full
force and effect, and the same may be sued on at the instance of any subcontractor, material
supplier, laborer, mechAnic, or other interested party, in the name of the City of Riverside, to the
use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and �
agrees that no change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Work to be performed thereunder shall in any wise affect its obligation on
tlus Bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Work.
� �GYI.P f/�
��3��� S (,� ET�
By:
(Signature)
Printed Name:
Title:
Date:
l I tN �t�ttL - P.c> �t�fhN rN�-
""�'�°�' ��' �
By: -
Pr�t �,e: Ja�
Title: X�Sl ellt
Date:
SURETY POWER OF ATTORNEY MUST BE ATTACHED
Agreement - E�chibit C Page 1
�
-� �= I Document A3�2T"' - 2010
Payment Bond Bond No. moc648D6
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal stah+s and principa! place
of br+sinessJ
Dayco Painting, Inc. Merchants Bondin Com an mutual
500 Zumwalt g P y� � This document has important legal
Grandview, MO 64030 2100 Fleur, Des Moines, IA 50321 consequences. Consultation with
OWNER: an attamey is encouraged with
respec[ to its completion or
(Name, lega! status and adtlress) modification.
City of Riverside, MO Any singular reference to
2950 NW Vivion Rd, Riverside, MO 64150 convactor, surety, Owner or
other party shall be considered
CONSTRl1CTI0N CONTRACT plural where applicable.
Date: January20,2012 awDOCUmeneA3�2-zo�o
combines two separate bonds, a
Pe�formance Bond and a
Amount: $27,326.00 Payment Bond, into one fortn.
Descri hon: This is not a single comhined
p Perfarmance and Payment Bond.
(Name and �ocadion)
painting of public safety - Riverside, MO
BOND
Date: January 20, 2012
(Not earlier than Constructeon Contract Date)
Amount: $Z�,326.00
Modifications to this Bond: ��.'one ❑ 5ee Section l8
CONTRACTORAS PRINCIPAL SURETY
Company: (Cor rade Seal) Company: (Corporate Sea!)
Dayco Painting c. Merchants Bonding Company (mutual)
� �
Signature: Signature,. ✓G �'� r�
Name a.:bi�.i�.1 � Namc David S. Salavitch, attorney in fact
and Title: p q;P and Title:
(Arry additioneH argfl�d� a�ear on the last page of thrs PaymeM Bond.) �
- �, ' _ _
(FORlNFORNL4TIONONLY—Name, addressandtelephone) t c� � '
AGENT or BROKER: OWNER'S REPRESENTATIVE: �=:'
(Architect, Lngineer or other party:)
Alscott, Inc. """� -+
_ .�
24901 Woodland Circle, Lee's Summit,
MO 64086
816-674-8067
In1F AIADocumentA312TM-20�O.TheAmencenlnstituleofArchitects. ���
$
/
§ 1 The Contractor and Surery, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor prompUy makes payment of all sums due to Claimants, and defends, indemnifies and holds
hamtless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If Uiere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipmenl fumished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has sadsfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duty tendered claim, demand, lien or suit.
§ 5 The SureTy's obligations to a Claimatn under this Bond shall arise after the following:
§ 5.1 Claimants, who do nnt have a direct contract with the ConYractor,
.1 have fumished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed Iabor or last furnished materials or eyuipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with rhe Contractor, have sent a Claim to the Surety (at
the address described in Section l3).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a ClaimanYs obligaCion to furnish a written notice of no�-payment under Section 5. L l.
§ 7 When a Claimant has satisfied the conditions of Sections 51 or 5.2, whichever is applicable, the Surety shall
promp[ly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to thc Claimant, with a copy to the Owner, within sixry (60) days a8er receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that aze disputed; and
§ 7.2 Pay or azrange for paymem of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as[o undispu[ed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its i
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's �
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. �l
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's
fees provided under Seccion 7.3, and the amowit of this Bond shall 6e credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
ofthe Co�struction Contract and to satisfy claims, if any, w�der a�ry construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the ,
performance of the Construction Contract aze dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
Init. AIA Documant A�12"" — 2070. The Amedcan Instttute of Architects.
s
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable fw the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, includin� changes of time, to the Construction ConVact or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or aciion shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is tl�e subject of the Construction Contract is located or after the
expiration of one yeaz from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (Z) first occurs. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in thejurisdiction ofthe suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Achial receipt of notice or Claims, however accomplished, shall be
sufficient wmpliance as of the date received.
§ 14 When this Bond has been fumished to compty with a statutory or other legal requirement in the location where
the conshvction was to be performed, any provision in this I3ond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so fi�rnished, the intent is tliat this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to he a potential heneficiary ofthis Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ i6 Definitiona
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 [he name of the person for whom the labor was done, or materials or equipment fumished;
.3 a copy of the agreement or purchase order pursuant to wliich labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment fumisheci;
.5 the date on which the Claimant last performed labor or last fwnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment fumished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractar to furnish labor, materials or equipment for use in the pertormance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shall be ro
include without limitation in the terms "labor, materials or equipmenY' that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subconvactors, and all other
items for which a mechanic's lien may be asserted i�� thc jurisdiction where the labor, materials or equipment wcre
fumished.
§ 16.3 ConstfuCtiOn COntraCt. The agreement between the Owner and Contracwr identified on the cover page,
including all Contract Documents and all changes made to the agreement a�id the Contract Documents.
Itllt AIA DocumeM AS12T" —2070. Tha American Institute of Architects.
7
§ 16.4 Owner Defeult Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Cnnstruction Co�uact or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
II
(Space is provided below for additional signatures of added pnrtres, other tlum thare appearing on the cover page.)
CONTRACTOR AS PRINCIP,AL SURETY
Company: (Carporate Seul) Company: (Cnrpnrate Sea!)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Init. AIA Documsnt A912T" — 2070. The American Inafitute of Architects.
8
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' MERCHAIVTS �
BONDING COMPANY
POWER �F ATTORNEY
Know All Persons By These Presents, that the MERCHANTS 80NDING COMPANY {MUTUAL), a corporation duly organized under
the laws of the State of lowa, and having its principal offce in the City of Des Moines, County of Polk, State of lowa hath made,
consliluted and appoinled, and does by these presents make, constitute and appoint
David S. Salavitch
ot Lee's Summit and Sta[e of Missouri its true and lawful Attorney-in-FacL with full power
and authonty hereby conferred in its name, place and stead, to sign, execute.. acknowledge and deliver in its behalf as surety any
and all bonds, undedakings, recognizances or other wntten obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed lhe amount of:
TWO �1ILLIOn FIVE HUNDREll THOUSAND ($2,500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same eztent as if such bond or
undertaking was signed by the duly authorized o�cers of the MERCHANTS BONDWG COMPANY (MUTUAL), and all the acts of
said Attomey-in-Fact, pursuant to the authority herein given are hereby ratified and confrmed.
This Power-of-Attorney is made and executed pursuant to and by aufhority of the foflowing Amended Substituted and Restated 6y-
Laws adoptetl by the Board of Dfrectors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8- The Chairman of the Board or Presitlent or any Vice President or Secretary shall have power and
authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, co�tracts of indemnity and other wrilings obtigatory in the nature
thereof.
ARTICLE II, SECTION 9- The signalure of any authorizetl offcer and the Seal of the Company may be affixed by facsimile
to any Power of Attomey or Certiflcation thereof authorizing the execulion and delivery of any bond, undeRaKing.
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have lhe
same force and effect as lhough manually fixed.
In Witness Whereof, MERCHANTS BONDWG COMPANY (MUTUAL) has caused these presents to be signed hy its President and
its wrparate seal to be hereto affixed, this25th day o{ February , 2008.
• , � CO�A, MERCHANTS BONDING COMPANY (MUTUAL)
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STATEOFIOWA �•.,;;,, ` President
COUNTY OF POLK ss.
On this 25th day of February , 2009 , before me appeared Larry Taybr, [o me personally known, who being by me duly sworn did say thal
he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the corparation described in the (oregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Ccrpera?ion and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand anti affxed my Ofticiaf Seaf at the City of Des Moines, iowa, the day and year first
above written.
_°�� CINDY SMYTH / /y�G�J
CommissionNumher173504 w"' 11
o � ' My Commission Ex pires J
MB�ch 16, 2012 Notary Public, Pvlk Counry, lowa
STATE OF IOWA
GO'JNTY OF POLK ss,
I, Wlliam Wamer. Jr., Secretary of the MERCH.4NT5 BONUING COh1PNfJY (ML'7U,4L). tlo hereby cer�ify that the a6ove and foregoing
is a!rue and correct copy of the PCWER-0�-P.TTORNEY exec�ted by said MERCHANTS BONDING COMPANY (MUTUAL). which is
stll in full !orce and effed and has not been amended or rewked.
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In lNitness `✓Vhereo`, I h�ve hereunto set my hand and affixed tne seal of the Company on this J� �zday of � n�._- �
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EXHIBIT D - PROPOSAL
PUBLIC SAFETY FACILITY INTERIOR PAINTING
TO, CITY OF RIVERSIDE, MO
1. The undersigned bidder hereby proposes to ftu all materials, supplies, transportation, tools,
e,quipment and plant, perform all necessary labor and consmzct, install and complete all work stipulated
in, required by, and in confornuty with the proposed Contract Documents (including all documents
referred to therein) and any and all addenda thereto, f'or and in consideration of the price of Twentv
seven six hundred three dollars (�27,603.00).
The undersigned further agrees to begin upon fhe date stated in the Notice to Proceed, if this bid is
accepted, and to complete all work as provided in the Agreement between City of Riverside, MO and
Contractor.
2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying
bid on behalf of the bidder therein named, and that it had lawful authority so to do. The undersigned
further declares that it has not directly or indirectly entered into any agreement, expressed or implied,
with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any
l�ids, the luniting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other
persons, of any part of the Contract or any part of the subject matter of the bid or bids or of the profits
t&iereof, and that it has not and will not divulge the sealed bid to any person wliomsoever, except those
having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or
l�ids are opened.
3. The undersigned further declares that it has carefully examined the Notice to Bidders and all other
Liidding and Conaact Documents, and that it has inspected the actual location of the work, together with
the local sources of supply, and has satisfied itself as to all conditions and quantities, and understands that
'vs signing this Bid it waives all right to plead any misunderstanding regarding the same.
4. 'I'he undersigned hereby agrees to furnish the required bonds, insurance certificates and policies, and
work authorization affidavit and documentation and execute an Agreement wikhin ten (10) calendar days
£rom and after the Notice of Award for the Contract, and failure of the bidder to do so shall constitute a
default, and the City may thereafter take such steps to protect its legal rights as it deems in its best
interest, including, but not limited to, enforcement of its rights as to bid security.
GATED this3a day of 2012.
C •actor
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Name/Title Telephone Number
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E�HIBIT E- PRE�'AILING VVAGE RATES
See attached Wage Order.
Agreement - Exhibit D Page-2
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DIVISION OF 3�15WestTrumanBOUlBVaM,Room205 �
P.O. $ox 449 GOYE0.YCR
'� LAB 0 R �eHerson Ciry, MO 65702-04A9
Phone� 573-751•3403 �AYIRENCE Ca. FtEBVAH
Fa�c: b737b1-3721 osananaerrD�r�crrn
STANDARDS �.� abor.mo.gavlDLS �,�e��sr
6maiC Iaborstandards�labor,mo.gov �M`,aio�nEtic+�
November 21, 2011
BEF�RE THE
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS
Jefderson City, Missouri
R�: Annuai Wage Order No. 18
Annuaf Incrementai Wage Increase to Annuat Wage Order No.1 B
Missouri's Prevailing Wage Law (Section 290.262.9 RSMo (2000)J, pravides for Annual lncrementai Wage
in�reases in Adalr, Andrew, Audraln, Barry, Barion, Bates, Boone, Buchanan, Caldweli, CaNaway, ;
C+amden, Carrofl, CaHar, Cass, Cedar, Charlton, Christian, Clark, Clay, Clinton, Cole, Cooper,
Crawfard, Dade, Dallas, Davtess, DeKalb, pent, Dougles, Franklln, Gasconade, Gentry, Greena,
Grundy, Harrison, Henry, Hlckory, Holt, Howerd, Howe11, iron, Jackaon, Jasper, Jefferson, Johnson,
Kmox, Laclede, Lafayette, Lawrence, Lewls, Llncotn, l.inn, L{vingston, McDonald, Mecon, Maries, ��
Marf4n, Meroer, Miller, Moniteau, Monroe, Montgomery, Morgan, Newton, Oregan, Osage, Qzark, �
P�rry, Pattis, Phelps, Pike, Platte, Polk, pulaski, Putrtam, Ralls, Fiandolph, Ray, Reynolds, R(pley,
S�. Charles, Ste. Genevleve, St. Francols, the City ot St. Louls Ctty, St. Louis County, Saline, '
S�huyler, Scotland, Shannon, Shelby, Sione, 5ullivan, Taney, Texas, Warren, Washfngton, Webster, �
Worth and Wrlght Counties, The effeclive date of change is shown in the column (abeled °Effective �
i
Date of Inerease" by ihe craft (OccupaUonal Tiifa). These updated tiles have bean posted to the Ofvision's
website referenced by the efiectfve date af AW018 -11/21/11. The new rates should be lncluded ln the
c�mtraot speclfications for all Iuture pablic works projects.
The rest ot Annual Wa�e Ordar No. 18 remafns in full force and effecl. �
Given at Jelferson Ciiy, Missouri November 21, 2011, by dfrection of the Division of Labor Standards of
NRissouri.
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Carla Buschjost *"`" NOTICE "'***
Director EXC�SSIVE UNEMPLOYM�NT
IS IN EFFEGT
SEE www tebor mo aov/DL5lWaaeAndHour/PrevallinaWeqelexcessive unemplovment.asp
RECEIVED & F1LED
(SEAL} NOV z x 2411
MI,�SOURi
DI� PARTMENT OF LABOR 1
& i N p U S T R I A L R E� A T I 0 N S � �'"p� Relay Missouri: 800-735-29E6
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Division of Labor Standard `
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Annual Wage Order No. 18 ,
Section 083
PLATTE COUNTY
!n accordance with Seetiorz 290.262 RSMo 2�00, �vithin thirty (30) days af�er a ceirtified copy of this
Amival Wage Order has been filed with the Secretaty of State as indicated below, any peison who may I '
6e affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and i
Industriai Retations Commission, P.U. Box 599, 7effers�n City, MO 651D2-0599. Sucb objections must i
se�t forth in writing the specific grnunds of objection. Bach objection shall certify ti�at a copy has been i
fur�nished to the Division of Labor Standards, PA. Box 449, JeFferson City, MO b5102-0449 pursuant to �
8 CSR 20-S.OIU(1). A certified copy of the Annual Wage Order has heen filed with the 5ecretary of
State of Missouri,
Orieinal Si�ned by I
Carla Buschjost, Director '
Divrsian af Labor Standards
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This Is A True And Accurate Copy Which Was Piled Vt'ith The Secretary of State: Mar•ch l0. 2D21
Last Date Objections May Be Piled: April 11, 2011
Prepared by Missouri Aepartment of Labor and lndustrial Relations
If
Building Construction Rates for REPLACEMENT PAGE Sec€ion 063
PLHTTE County
asic Over- �
CICCUPATIONAL TITLE '* Date of Hourly Time Holiday Total Fringe 6enefits '
Increase Rates Schedule Schedule
Asbesios Worker i1l11 �34.04 52 53 $23.13
Boilem�akar $32.31 57 7 $23.95
Brickla ers-Stone Mason $33.40 58 39 $16.15 I
Ca enter 6H1 $33.79 63 68 $13.05
Cement Masan $30.28 65 4 $15.50
Electrician Inside Wireman $33.B3 �3 72 $15.25 + 109b
Communication Technician USE ELECTRICIAN INSiDE WIREMAN RATE �
Elevatur ConsVuctor a$40.860 26 54 �23.255 i
O eratpn En ineer
Grou I 6/11 $35.70 85 4 $13.76
Grou 11 6l11 $34.89 85 4 $13.76
Grou III BM1 $29.34 85 4 $13.76 I
Grou III-A 6l11 $33.55 65 4 $13.76 a
Grou IV '
Grou � V 6/1 � $30.94 85 4 $13.76 �
Pi e Eitter 6/19 $39.58 2 33 $15.fi5 i
Glazier 6/11 $30.47 86 32 $15 43
Laborer 6uiidin :
General 6/11 $25.45 3D 4 $13.45
First:�emi-Skilled 6/11 $25.85 3D 4 $13.45
Second 5emi-Skilled 6/11 $26.25 30 4 �13.45 �
Lather USC- CARPENTER RATE I
Linoleum La er & Cutter 6/11 $33.82 46 67 $13.05 ;
Marble Mason 9/11 $31.70 25 4 �14.56
Millwri ht USE CARPENTER RATE
Iron Worker 6/11 $28b0 50 4 $24.30 I
Painter �28.31 37 4 $13.37
Plasterer 6/11 $24.89 68 4 $18.16
Plumb�r 6/11 $36.80 45 33 $20.41 ,
Pile Driver USL CARPENTER RA7E
Roofer 6/11 $32.25 95 2 $13.66
Sheet Ivletal Worker 7/11 $38.39 17 22 $1�.04
S rinkler Fitter $33.85 94 4 $17.20
Terrazzo Worker 9l11 $31.70 25 4 �14.56 i
Tile Setter 9/ti $31.70 25 4 $14.56
Truck priverTeamster �
Grou � I $30.09 iD0 4 $10.90 �
Grou II $30.09 100 4 $1D.9�
GroU III $3029 1�0 A $10.90
Grou > IV $30.29 100 A $1D.90
TraKc Control Service Driver $15.35 48 49 �2.71
Welders-Ace lene & �lectric ` I
Fringe Beneft Percentage is of the Baslc Houriy Rate 'I
Attentian Workers: If you are not being paid ttie appropriate wage rate and fringe benefits contact the Division l
of Labor Standards at {573) 751-3403. j
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'"Annuai Incremen4al Increase
I
'SEE FOOTNOTE PAGE ANNUAL WqGE ORDER NO. 18 11/11 ,
, ,:. ,
Building Construction Rates for Section 083
PLATTE County Footnotes
asic ver- �
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OCCUPATIONAL TITLE `* Date of Hourly Time Holiday Total Fringe Benafits i
increase Rates Schedule Schedule �
' Welders receive rate prescribed for the occupational title performing operation to which welding is incidental.
Use Build'sng Construction Rates on Suilding c�nstruction in accordance with the classifications of construction I
work established in 8 CSR 30-3.040(2).
Use Heavy Construction Raies on Nighway and Heavy construction in accardance with the classifications of
construction work established in 8 CSR 303.040(3).
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a- Vacati�n: Employees over 5 years - 8°k, under 5 years - 6% I
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ANNUAL WAGE ORDER NO. 18 3/11
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PLA7TE COUNTY
OVERTIME SCHEDULE - BUiLDING CONSTRUCTION �
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FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 '!:) shall be paid for all work I
in excess o( forty (40) hours per worfc week.
NO. 2: Means the maximum of eight (8) hours shail constitute a days woric beginning at 8:00 a.m. to 12:00 noon,
12::30 p.m. to 4:30 p.m. 7he maximum work week shafl be forty (AO) hours beginning Monday at 8;00 a.m. and ending
Friday at 4:3� p.m. Because of tra�c, parking or other circumstances, the hours of work on any project may be any
continuous 8'/ hours period (8 hours of work pfus 30 minutes for lunch) betwean 7:OD a.m. end 4:30 p.m. When
circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a work week �
consisting of four (4} consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m, Monday through �
7hursday, with one-half (Y:) hour allowed for a lunch period each day. Friday may be used as a make-up day. After
ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1 Y:) i
timas the regular rate of pay. Overtime pertormed Monday through Saturday sha11 be paid at the rate of one and one- E
half (1'/) times the regular rate of pay. 5undays and recognized holidays shall be paid at the double (2) time rate of
pay. La6or Day shali be paid at triple (3) time. Shift work may be performed at the option of the Contractor. Howaver,
whenever shift work is performed it must cover a periad not less than (5) consecutive woricing days. The day shift shall
woric a regular eight (8) hours shift as outlined above. Employees working a second shift shali receive an additionai
$D.25 above the regular hourly rate and perform seven and one-haff (7%) hours work for eight (B) hours pay. Third shift
employees shall be paid an additional $0.5D above the regular hourly rate and work seven (7) hours for eight (6) hours
pay. !n fhe event a first shift is not required, a second and third shi(t empfoyee shall recaive an additionaf 15°/a of the
baae rata and receive pay for actual hours worked.
NO. 13: Means a regular workday shall consist of eight (B) hours between B:00 a.m. and 4:30 p.m. Forty {40) hours,
within five (5) days -- Monday thraugh Friday inclusive -- shall constifute the regular workweek. The Employer may
aiter the abwe stated hours by two (2) hours for an early starting and quitting time only, not to exceed eight (8) hours of
work in any one day. When job conditions dictate and as required by the customer, the Employer shatl be alfowed to
establish a four (4) day, ten (10) hour per day work week. This worlc week is defined as Monday through Thursday,
with a Friday make-up day. The normal work day under a ten (10) hour four (4) day wotic week shall be from 7:00 a.m.
to 6:00 p.m., with a one hour starting variance. The malce-up day of Friday shall be instituted for speciiic reasons such
as loss af production due ta weather andlor holidays. All hours worked in excess of ten (10) hours per day or forty (40) i
hours per week or hours worked outside the normal work week shall be paid at the applicabie o�ertime rate. The first
four (4) hours of overtime afler the normal workday, eacn day Monday through Friday and the first ten (10) hours of '
overtime on Saturdays shall be paid for at one and one-half (1'/) times the regular straight time rate of pay. AII other
work performed outside of the regularly scheduled working hours and outside of the first 1en (10) hours worked on
Saturdays shall be paid for at double (2) the regular straight time rate oi pay. Sundays and the recogn¢ed holidays �
shall be paid for at double (2) the regular straight time rate of pay, if worked. When so elected by the contractor, �
multiple shifts of al least five (5) days duration may be worked. When two (2) or ihree (3) shifts are worked: The first
shi�t (day shift) shail be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the °day shiR° shall receive
eight (8} hours pay at the regular houdy rate for eight (8) hours work. The secortd shift (swing shik) shall be worked
hetween the hours of A:30 p.m. and 12:30 a.m. Workmen on fhe "swing shitt° shall receive eight (8} hours pay al the
regular hourly rate pius 10°/a for seven and one-haff (7'/; hours work. The third shift (greveyard shift} shall be worked
between the hours of 12:3D a.m. and 8:00 a.m. Workmen on the "graveyard shift" shall receive eight (8) hours pay at
the regular hourly rate plus 15°!o for seven (7) hours work. A lunch period of thirry (30) minutes shall be aliowed on
each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half (1'/) ,
times the "shiR" hour{y ra#e. I
NO. 14: Means eight (8) hours per day shall constitute a day's worlc. The regular stariing time shall 6e S:DO a.m., and
the regular quitting Ume shall be 4:30 p.m.; lunch time shall be twelve (12) dclock noon to 12:30 p.m. The regular
starting time may, by mutual consent of employees on the job site, and the employer, be beiween 7:00 a.m. and 9:00
a.m. with appropriate adjustments made to the regular quitting time and lunch time. All time worked before the regular
stariing time and after ihe regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half
(1'/z). All work commencing wilh the beginning of the established work day on Saturday shalf be paid at the rate of time
and ane-half (1 %). All work commencing with the beginning of the established work day on Sundays andlor Holidays
sheil be paid at the rate of double (2) time.
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AW018 083 OT.doc ANNUAL WAGE ORDER NO. 18 Page 1 of 6 Pagos
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PLATTE COUNTY '
OVERTIME 5CHEDULE - BUILDING CONS7RUCTION
NO. 17: Means the regular working day shall consist of eight (8) hours of labor between 7:00 a.m. and 3:30 p.m. and 1 i
the regular work weelc shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending
wilh Friday of each week. All full-time or part-time labor performed during such hours shall be recognized as regular
working hours and paid for at the regular hourly rete. Excepf as otherwise pro�ided, all woric pertormed outside of
regular working hours during the regular woric week, shall be at double (2) times the regular rate. Working hours may
be uaried by hvo (2) hours. When circumstances warrant and when it is mutually beneficial and agreed to by interested �
parties, the Empkoyer may ins6tute a work week consisting of four (4} consecutive ten (1D) hour days, between the ,
hours of five (5) a.m. and six (6) p.m., Monday through Thursday, with one-half (1/2} hour allowed for a lunch period !�
each day. Friday may be used as a make-up day. The make-up day will be voluntary, and a decision not to work may I
not be held against the employee. When working fou� (4) ten (1 D) hour da�s overtime will be paid at the time and one-
ha{f (1'/) rate for the eleventh (11�') and Nrelfth (12'") hour, all olher work will be paid at the double (2} time rate of pay.
The first two (2) hours of overtime, Monday through Friday, and the first eight (8) hours on 5aturday shall be at time �
and one-hatf (1"/:) for all work. Ali other oveRime shall be at double (2) time. The first two (2) haurs of overtime must !
be aoncurrent with the regular wor#c day, two (2) haurs prior to or following the regular work day are at Ume end one-half
(1'/). The regular workday (as previously defined) on Saturday is paid at fime and one-half (1'!z}. Work pertormed
outside of ihe regular Saturday work day is at doubie (2} time. AI! work performed on recognized holidays, or days
locally observed as such, and Sundays shall be paid at the doub]e (2) time rate of pay.
NO. 25: Means regular working hours of eight (8) hours shall constitute a working day between the hours of 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 legal �
holi�ays, and employment before or after the regular woEicing hours shall be considered overtime. Employment on
Saturday, Sunday and legal hoiidays shali be paid for aE twice (2) the regular hourly rate. Employment from 4:30 p.m.
to i2:OD midnighl, Monday lhrough Friday, shall be paid for at one and one-half (1'!:) times the regular hourly rate.
From 12:D0 mfdnight until 8:OD a.m. on any day shall be paid for at iwice (2) the regular hourly rate.
NO. 26: Means that the regular working day shall consist of eight (8) hours worked between 6:�0 a.m., and 5:00 p.m.,
five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the
general conkractor and worked by the majority of trades. (The aBove working hours may be changed by mutual
agreement). Work periormed on Construction Woric on Saturdays, Sundays and before and after fhe regular working
day on Monday ko Friday, incfusive, shall be classified as overtime, and paid for at double (2) Ehe rate of single time.
The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay
for �onstruction work; the regular working day shall consist of ten (10) hours worked consecutively, behnreen 6:00 a.m.
and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday,
Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) tert (10)
hou�r day workweek has been established, will be paid at lwo times (2) the single time rate of pay. The rate of pay for
ail work pertortned on hoiidays shall be at two times (2) the single tirne rate of pay. �
NO. 30: Msans Monday through Sunday shall consfitute the work week. Regular starting time shall be 8:00 A.M., I I
except when the work week is scheduled as a week with starting time advanced or delayed. Starting time may be
advanced or delayed by the employer up to two (2) haurs from the regular stariing time. Eighl (8) hours shali constitute I
the work day. All work pertormed prior to or after the regular eight (B} hour work day, as described abovs, and all work
perfarmed on Saturday shail be paid at time and one-half (1'/) the regular rate. In the event that a scheduled eight (8)
hour work day is missed (not to indude holidays) because of events out of the control of the conlractor, lhen that �I
missed work day may be made up ak straight time the following Saturday. It is recognized that not all employees I
woricing on a Saturday make-up day will have workeri ihe same number of hours dunng the regular work week. It is �
fudher recognized #hat any work after the forly (40) hours in a week must be paid at lime and one-half (1'1). Saturday ;
make-up day shall not be used to make up for tima lost due to recognized holidays. The employer may estabfish a 4- �
10's schedule on projects (4 days with 10 hours per day). If using a 4-10's schedule, a Friday make-up day is allawed. '
If using a 4(10) schedule, any work more than ten (1 D) hours in a day or forty (4D) hours in a work week shali be paid I
at the time and one-half (1'/�) rete. Friday make-up day shall not be used to make up for time lost due to recognized
holidays. All work pertormed on Sundays or holidays shail be paid at the double (2) time rate.
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AWQ18 D83 OT.doc ANNUAL WAGE ORDER NO. 18 Page 2 of 6 Pages i
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PLATTE COUNTY
OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 37: The Employer may choose, at his discretion, to woric five eight hour days or four ien hour days with a Friday
ma1:e-up day, Monday througM Friday at slraight time. OveAime shall be paid after eight (8) hours when working "five
eights° and after ten hours when working "four tens". All work performed on 5undays and recognized holidays shall be
paid for at the rate of double (2} fime. All Saturday work shall be paid for at the rate of time and one-half (1'/) fhe
regular wage rate. All night work during the regular worlc week other than ihe abave-menfioned days shall be paid for
at the rate of time and one-half (1t/z) the regular wage scale until midnight and doubie (2) time after midnight except
make-up time will be allowed under the following condifion: In the event of inclement weafher on exterior projects
whir.h prevents working the full regular eight (8) hour day, forty (40) hour work week schedule, a Saturday make-up day
can be granted. Then said work on Saturday shall be paid at the streight time rate of pay up to a maximum total of forry
(40;i hours per week.
NO. 45: Means eight (8) hours shall constitute a days work, beginning at 8:00 a.m. and ending at 4:30 p.m. The
regular work week shall be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 4:3D p.m. Friday. Because of
trafiFe, parking and other circumstances, the hours of wor4c on any project may begin as eariy as 6:D0 a.m. wilh eight (8)
ho�ars worked between 6:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutuaily beneficial and
agreed to, the employer may institute a work week �onsisting of four {4) consecutive ten (1D) hour days, between the
hours of 7:OD a.m. and 6:00 p.m., Monday ihrough Thursday. Friday may be used as a make-up day. After ten (10)
hou�rs in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1'/Z) times
the regular rate of pay. All overtime Monday through Saturday shali be paid at ihe rate of time and one-half (1'/} the
regular rate of pay. Sunday and recognized holidays shall be paid at double {2) time. Labor Qay shall be paid at triple
{3) time. Shift work may be performed at the opiion of the Contractor. However, whenaver shift work is performed it
must cover a period not less lhan (5) �onsecutive working days. The day shifr shall work a regular eight (8) hours shift !
as outiined above. The hourly rafe for second shift (seven and one-haif hours worked for eight hours paid} shall be �
twenty-f�ve cents ($0.25) over and above the hourly rate. The hourly rate for ihird shift (seven hours worked, eight I
hours paid) shaU be fifty cenks ($0.50) above 1he hourly rate. If no first shift is worked, second and third shift employees
shall receive an additional fifteen percent (15°/a) over and above the houdy rate for actual hours worked. I
N0. 46: Means the regular work day shall be eight (B) hours ftom 6;00 a.m. to 6: 30 p.m. Starling time mey be
between fi:OD a.m. and 10:00 a.m. The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and ,
70:OD a.m. on Monday and ending between 2:30 p.m. and 6:30 p.m. on Friday. All hours in excess of ihe regular work
day and work week shall be considered overtime. Overtime on days recogn¢ed as regular wo� days and on Saturday
shall be paid for at the rate of time and one-half (1'1:) the regular raie. Sunday and recognized holidays shall be paid i
for at the rate of double time (2) for time worked. The Empioyer may establish a work week consisting of #our (4} days,
Monday through Thursday, each day consisting of ten (10) hours at straight time rate of pay. The 4-10's must run for a
period of at least four (4) days.
HC9. 48: Means the reqularly schedufed work week shall be five (5) consecufive days, Monday through Friday or
Tuesday through Saturday. EighE (8} hours shall constitute a da�s work. Starting fime shalf not be earlier than 7:00
a.m. nor laler than i0:00 e.m. Forty (40) hours shall constitute a week's work. Qvertime at the rate �f time and one-
half (1'/) will be paid for all work in excess of torty (40) hours in any one work week. On the Monday through Friday
schedule, all work performed on Saturday will he time and one-half (1 Yz) unless time has been lost during the week, in
which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedula, I
a11 work performed on Monday will be time and one-half (1'/) uniess time has been lost during fhe week, in which case I
Manday will be a make-up day to the extent of the �ost time. Any work performed on Sunday will be double (2} time. If
employees work on any of the recognized holidays, they shall be paid time and one-half (1'/:J fheir regular rate of pay
for all hours woriced.
NG. 60: Means eight (B) hours constiiute a normal da�s work Monday through Friday. Any iime worked over eight (8) �
hours will normally be paid at kime and one-half (1'/} except for exclusions stated in some following addiiional j
sentences. The Emp{oyer, at his discretion, may starl the work day between B:00 a.m. and 9:00 a.m. Any schedule I
chosen shall be staRed at the beginning of the work week (Monday) and used for at least five days. Work may be
scheduled on a four (4) days a week (Monday ihrough Thursday) at ten (10) hours a day schedule. If such a schedule I
is empfoyed, then Friday may be used as a make-up day when time is lost due to inclement weather. Time and one- I
ha9f (1'/) shall be paid for a�y wor4c in excess of eight (8) hours in any reguiar work day Monday through Friday unless
warking 4-10's, then time and one-half (1%) aker ten (10) hours. All work performed on Saturdaywill be time and one- I
half (1Yz). Double {2) iime shall be paid for all work on Sundays and recognized holidays. �
AWO18 D83 OT.doc ANNUAL WAGE ORDER NO. 18 Page 3 of 6 Pages 1
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PLATTE COUNTY
I OVERTIME SCHEDULE - BUILDING CONSTRUCTION
� NO. 52: Means the regutar workweek shall consist o' five (5) eight (8) hour days, Monday through Friday. The regular ;
workday shall consist of a eight (8} hour period, to be worked between the agreed upon starting time, and ending no �
later than 4:30 p.m. The agreed upon starting time shall be any time between ihe hours of 6:00 a.m. and 8:00 a,m. '
The option exists for ihe employer to use a four (4} day, ten (10) hour work week. Days worked shaf he Monday �
through Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then part of the crew I
ma�r work fhe first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shall be
From 7:OD a.m. to 5:30 p.m. Interested party's on the praject must agree 10 this clause before it may 6e used. Once
this clause has been put into effect, it shall remain as long as the majority of fhe Empioyess on the project and the
Employer agree to keep it. The four (4} day clause shall not be used to circumvent a Holiday. Except as oihenvise
pro�rided, all woric performed outside the regular working nours and performed during the regular work week (Monday
thrc,ugh Friday) shall be at the foflowing rates of pay:
Holidavs-New Yea�s Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days
observed as such) shall be recognized as Holidays that shall be paid at two (2) times the regular rate of pay.
Lahar Dav-No work shall be performed on Labor Day except in speciaf cases of emergency. Rate of pay shall
be at three (3) times the regular rate of pay.
Overtime-Wotk performed outside of the regular work day (the regular work day shall consist of an eight (8) �
hour period, to be worised between the agreed upon starting fime, and ending not later than 4:30 p.m. The agreed �
upan starting time shall be any time between the hours of 6:D0 a.m. and 8:00 a.m., by mutual consent of the interested
partys.), shall be: '
A. Hours woriced Monday through Friday, the first two (2) hours of overtime will be paid at time and one-half i
{i'/:). All oiher overtime wifl be paid at the double (2) time rate. �
B. The first ten (1D) hours worked on Saturday will be paid at time and one-half (1'/2}, with all other hours to
be paid al the double (2} fime rake.
C. 5undays and Holidays (except Labor Day) shall be paid at the double (2) time rate.
NO. 57: Means eight (8) hours per day shail constitute a da�s work and forty (40} hours per week, Monday through
Friclay, shall constilute a week's work. Tha regular starting time shall ba S�OD a.m. The above may be changed by
mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular
worinveek to four (4} ten-hour days at the regular time rate of pay. It being understood that all other pertinent
information must be adjusted accordingly. All iime worked before and after the established workday of eight (8} hours, �
Monday through Friday, aIl time worked on Saturday, shali be paid at the rate of time and one-haif (1'/) except in cases
where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall he
paid at lhe double (2) time rate of pay.
N0. 58: Means eighi (8) consecutive hours, beiween 6:OD a.m. and 5:30 p.m., shall constitute a days work. Five (5) �
days work, Monday through Friday, shall constitute a normal work week. Work pertormed in excess of eight (8) hours I
per day or eight hours beyond pormal startinq time for that project excluding lunch Monday through Friday, and all worlc �
performed on Saturday, shall be paid for the rete of time and one-half (1'/z). 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 (4) days a
week (Monday fhrough Thursday) at len (10) hours a day schedule at straight time. A Friday make-up day is availabfe ,
if time is lost due io inclement weather and at laast sixteen (16) hours, but not more fhan thirty (30) hours, were worked
during the week.
N0. B3; Means eight (8) hours shall constitute the regular work day between time that may be advanced or delayed by
iwa (2) hours on either side of 8:0� AM. The Employer may establish a work week consisting of four (4) days, Monday
through Thursday, each day cansisting �f ten (10) hours straight time. The four (4) tens (10s} must run for a period of ,
at leasl four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will ba paid at the '
ralE; of fime and one-half (1Y). All work performed on Saturday shall be paid at time and one-haff (1Y}. All work I
periormed on Sundays and recognized holidays must be paid ak double (2)1ime. All work perfortned prior to or after i
the regular eight (B) hour work day, or ten (10) hour work day, as described above shall be paid at tima and one-half I
(1'r�) the regular rate.
ANI018 083 OT.doc ANNUAL WAGE ORDER NO. 16 Page 4 of 6 Pages
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PLATTE COIJWTY
OVERTIME SCHEDU4E - BUILDING CONSTRUCTION
NO. 65: Means Monday through Sunday shall consfitute tha work week. Regular starting time shall 6e 8:00 a.m., with �
one half hour for lunch behveen three and one-half (3'/) and five (5} hours after starting time. The starting time may be �
advanced by two (2} hours or delayed one (1) hour by the employer from the regular starting time. All work performed �
before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half �
I (1'/). Work performed outside these hours shall be paid at the overtime rate of time and one-half (1'/z), except as �
prouided otherwise below. All worlc performed on Sundays or recognized holidays shall be paid at the double (2) time �
rate. When the start time is delayed past 9:OD a.m., the employee's pay shall statt at 9:00 a.m. and all time, after the
normal quitting fime (5:30 p.m.), shall be paid at the overtime rate. Eight {8) hours shall constNute the work day. All
worYc performed prior to or after the regular eight (8) hour work day, as described above, and ali woric performed on '
Saturday shall be paid at time and one-half (1 "/) the regular rate. In {he event that a scheduled eight (8) hour woric day
is missed (not including recognized holidays) because of inclement wsather, then that missed work day may be made
up at straight time on the following Sat�rday. it is recognized that not all employees woricing on a Saturday make-up
day will have worked ihe same number of hours during the regular work week. It is further recognized that any woric
after forty (40) hours must be paid at time and ane-hatf (1'/). The employer may establish a 4-10's schedule on
projec#s (4 days with 10 hours per day at straight time). !n order to use the 4-10's schedule, the empioyer must ;
sch�dule the 4-10's for a minimum of one (1) week. If using a 4-10's schedute, a Friday make-up day is allowed. I
NO.. 68: Means Monday through Sunday shall conslitute the work week. Regular starting time shall 6e 8:00 a.m., with �
one half hour for lunch between three and one-half and five hours after starting time. The starting time may be I
advanced or delayed by the employer up to one hour from the regular starting time. All work perFormed before the
advence stariing time and during the half hour lunch shall be paid at the overtime rate af time and one-hal( (1 Y). Work
peri'ormed outside ihese hours shall be paid at the overtime rate of time and one-half (1'/z), except as provided
oth�:nuise below. All work perfortned on Sundays or holidays shali be paid at the double (2) time rate. Eight {8) hours
shall constftute the work day. All work performed prior to or after fhe regular eight (B) hour work day, as described
above, and all work perfomied on Saturday shall be paid at time and one-half (1'/) the regular rate, except as
hereinafter described. Ih 1he event thal a scheduled eight (8) hour work day is missed (not inciuding recognized
holi�ays) because of inclement weaiher, then that missed work day may be made up at straighi time on the Satarday in
the week of the pay period. It is recognized that noi all employees working on a Saturday make-up day wil� have
worked the same number of hours during the regular work week. It is further recognized that any wark after forty (40) I
hours must be paid at time and one-halt (1 %z). The employer may establish a 4-10's schedule on projects (4 days with
10 hours per day at straight time). In flrder to use the 4-10's schedule, the employer must schedule the 4-10's for a
minimum of one (1) week. If using a 4-10's schedule, a Friday make-up day is allowed.
NO. S5: Means the work week shall be Monday through Sunday. Eight (8) hours shall constituie a days work to begin
behveen 6:OD a.m. and 9:00 a.m. and end 6etweeo 2:3D p.m. to 5:30 p.m. Empfoyees required to wotic during their �
]unch period shall receive ihe overtime rate. Employees shall receive time and one-half (1'/=) for all time they are
required to work prior to their normai starting time or after eight (8) hours or normal quitting time Monday through ,
Friday, or all day on Saturday. Ii an Employer has started the work week on a five day, eight hours a day schedule, and
due to inclement weather misses any time, ihen he may switch to a nine or ten hours a day schedule, at straight time,
for Ihe remainder of thaf work week in order to make up for the lost iime (10-hour make-up day). All wark over ten (10} I
hours a day or over forty (40) hours a week must be paid at time & one-half (9'/). Sundays and recognized holidays ;
shall be paid at the double (2) time rate of pay. A contractor may alter the regular work week to four (4) ten (10) hour ,
days at straight iime rate of pay. To do this the scheduled 4-10"s must 6e worked at least one full week and the regular I
workweek shall be Monday through Thursday with Friday being a make-up day af straight time for days missed in the '
regular workweek due to inciement weather. If 5-8's are being worked, Saturday may be used as a make-up day at
straight time ff inclemenY weather prevents work during the nortnal wark week.
1J0. 86: Means the regular work week shall consist of five (5) eight (8) hour days, 8:00 a.m. to 4:30 p.m., Monday
thrcaugh Friday, except when the work week is scheduled as a 4-10's week or as a week with start time advanced ar I
delayed as described below. The starting time may be advanced or delayed by one hour on either side of 8:00 a.m. j
The advanced or delayed starting time must run for a period of at least five (5) days. The Employer may establish a
work week consisting of four (4) days, during the regular work week, ea¢h day consisting of ten (10) hours at straight
time. The 4-10's must run for a period of at least four (4) days. Time and one-half (1'/:) shaii be paid for any work in
excess of eight (8} hours ln any regular work day Monday through Friday {or ten hours in a 4-10's week), the first eight i
(8) hours of a 5aturday, and it shall be at time and one-half (1'/) for the Friday and Saturday following Thanksgiving.
Double (2) time shall be paid for the following time worked on Sunday, New Year's �ay, Memorial Day, Fourth at July, �
Lahor Day, Thanksgiving Day and Christmas Day, as well as any work in exoess of eight (8) hours on a Saturday and
the Saturday of a three-day weekend (except the Saturday following Thanksgiving). i
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AW018 083 OT.doc ANNUAL WAGE ORDER NO. 18 Page 5 of 6 Pa9es ;
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PLATTE COUNTY `
OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 95; Means a regular woricday shall consist of eight and one-haff (8Y:) hours elapsed time, including one-haif hour
for lunch. The crew starting times shall be flexible within the period of daylighl to 8:00 a.m. Any work performed over
ten (10) hours of efapsed time per day including one-half hour for lunch and/or any work performed over forly (4D)
hours at 1he straight time rate in one week shall be paid at time and one-half (1'Is) ihe streight iime rate. Saturday shall
be �a voluntary make-up day at straight time st the discreiion oF the contractor and with the consent of the employees. '
Sunday and recognized holidays shall he paid for at double (2) time. �
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NO. 100: Means eight {8) hours sha11 cons6tute a day�s worfc, and five (5) �ontinuous eight-hour days shall constitute a
week's woric, Monday through Friday. Time and one-half (1Y:) the regular hourly rate shall be paid for all work
performed in excess of eight (B) hours in any one day or forty (40) hours in any one week. Starting time shal� be
between &:�0 a.m. and 9:00 a.m. All work over eight (8) hours in a regular 5-day 8-hour schedule shall be at the
appropriate overtime ra1e. All time worked before the regular scheduled starting time shall be paid for at the rate of
time and one-half (1Y) and shall not apply to regular shift. All time worked after eighk (8) hours in any one day or after
5:3D p.m., whichever comes flrst, shali be peid at the fime and one-half (1'/z) rate. An Empioyer, at his option, may
eleut to wotk four (4} fen (10) hour days, Monday through Thursday, at straight time. All such woric must be done et �
Iea:�t one week in duration. All work over ten (10) hours in one day or forty (40) hours in a week shall be at the overtime i
rate. Any employee who is scheduled to work on any regular work day but is prevented from working because of I
we�ther conditions, shall be permitted io work on Saturday (Friday iF working 4-10's) as a make-up day af the straight �
time: rate of pay. When an emp�oyee is required to work on any recognized holiday they shall receive ihe double (2)
6me rate for all time that they are required to perform work. All time worked from 12:00 Midnight Saturday to 12:00
Midnight Sunday sha11 be paid for at the rate of double (2) time on single shift.
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AW018 083 OT.doc ANNUAL WAGE ORDER NO. 1$ Page 6 of 6 Pages �
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PLATTE COUNTY
HOLIDAY SCHEDULE — BUILDING CONSTRUCTION I
Nq. 2: All work perfarmed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, I
Ct�ristmas �ay, or the days observed as such, shall be paid at tbe double time rate of pay.
Np. 4: All worfc done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Ghristmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will
be obser�ed as the recognized holiday. If any of the abova holidays fall on Saturday, Friday wi11 be observed as the
recognized holiday.
NU. 7: The following days are assigned days and are recognized as holidays: New Years Day, Memorial Day,
Inciependence Day, Labor Day, Veteran's Day, Tfianksgiving Day, and Christmas Day. If a holiday falls on a ;
Sunday, it shall be observed on the following Monday. If a holiday falis on a 5aturday, it shall be observed on the �
prE:ceding Friday. No work shall be pertormed on labor Day excepi in case of jeopardy to work under construction. ,
7his is apptied lo protect Labor Day. When a holiday falls during the normal workweek, Monday through Friday, it I
shall be counted as eighl (8) hours toward ihe forty (40) hour week. However, no reimbursemant for this eight ($) I
hours is too paid to ihe workman unless worked, If workman are required to work the above e�umerated holidays or
days observed as such, or on Sunday, they shall receive double (2} the regular rate of pay for such work.
NO. 22: All work pertormed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, or days Iocally observed as such, and Sunday shall be recognized as holidays. If a holiday Falls on
5�turday, Friday shall be observed; 'rf it falis on Sunday, Monday shall be observed. All work performed on holidays
shail be paid at the double (2) time rate oi pay.
N0. 32: All work performed for the Friday and Saturday following 7hanksgiving shall be paid at the time and one-half
(1'%7) rate of pay. Ail work performed o� Sundays, New Years Day, Memoriai Day, Fourth of July, Labor Day,
Thanxsgiving Day and Christmas Day shall be peid at the double (2) fime rate of pay. When one of tha above
holidays falls on Sunday, the following Monday shall be �bserved and when one of the above holidays falls on I
Saturday, the preceding Friday shall be observed.
NO. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day
shall be paid at the double time rate of pay. Labor Day shall be paid at the tripfe (3) time rate of pay. If the holiday '
falls on Sunday, the following Monday will be o6served; if the holiday falls on Salurday, the preceding Friday will be
o6served.
N{�. 39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence �ay, Labor
D�y, Thanksgiving Day, and Chnstmas. My of khese hotidays falling on Sunday, the following Monday shall be a
hcliday, and any of ihese holidays falling on Saturday, the preceding Friday shall 6e a holiday.
NU. 49: The following days shail be observed as legal holidays: New Years Day, Decoration Day, July dth, Labor
Day, Thanksgiving Day, Christmas Day, Ernpioyee's birthday and hvo (2) personal days. The observance of one (1)
of ihe personal days to be limited to the time between December 1 and March 1 of the following year. if eny of these
halidays Fall on Sunday, the following Monday will be observed as fhe holiday and if any of these holidays fall on
Saturday, the preceding Friday will be observed as ihe holiday. If employees woric on any of these hotidays they
shall be paid time & one-half (1 Y:) their regular rate of pay for ail hours worked.
NlJ. 63: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving pay, Christmas Day
or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shail be
pe:rformed on Labor Day except in special cases of emergency, and then the rete of pay shall be at three (3)
times the regular rate of pay. When a holiday falis on a Sunday, the following Monday shall be observed as the I
hc�liday. When a holiday fails on Saturday, the preceding Friday shall be observed as the holiday.
N1�. 54: All woric performed an New Year's Day, Memoriat Day, Independence day, Labor Day, Veteran's Day,
Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shatl be paid at fhe double (2) iime rate of
pay. When a holiday falis on Saturday, it shail be observed on Friday. When a holidayfalls on Sunday, it shall be
oE�served on Monday. '
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ANNUAL WAGE ORDER N0. 18 '
AVV019 083 BHol.doc Pege 1 of 2 Pages
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PLATTE COUNTY
HOLIDAY SCHEDULE — BUfLD1NG CONSTRUCTtQN ':
NG. 67: All work performed on New Year's Day, Memorial oay, Christmas Day, Fourth of July and Thanksgiving
Day, from midnight to midnight, shall be paid for at the rate oT doub{e 8me (2) the basic rate of pay 'rf required to work
in addition to any other pay otherwise required hereunder as holiday pay. Positively no worlc shall be performed on
Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day afier 7hanksgiving Day shall be considered i
optiona! ho4idays, and if the Employer and employees agree that work will be perFormed on that day, no premium
pay will be required. Should any of the above hoiidays fall on Salurday, the holiday will be observed on Friday. �
Should any of the above holidays fatl on Sunday, the holiday wifl be observed on Monday. I
NC. 68: All work per(ormed on New Year's Day, Decoration Day (Memorial Day), Independence �ay (Fourth of i
July), Labor Day, Thanksgiving Day, Christmas Ray, or days o6served as such, shail be paid at the rate of double ;
(2) time. When a holiday falls on a Saturday, Friday sha11 be observed. When a holidey falls on a Sunday,
Monday shap be observed. No work shall be performed on the Fourih of Ju{y or Labor Day axcept to save life ar
prcperty, Where one of the hoiidays specified faHs or is observed during the work week, then ail work performed
over and above thirty-two (32) hours in that week shell be paid at the rate of time and one-half (1%).
NO�. 72: Ap work performed on New Years Day, Memorial Day (last Monday in May), Independence Day, Labor
Day, Thanksgiving Day and Christmas Day shall be paid for at double (2) the regular slraight iime rate of pay. Any ,
one of the above listed holidays falling on Sunday shall be observed on the fotlowing Monday and paid for at double �
{2) the regular straight time rate of pay, if worked. Any one of the above Gsted holidays faUing on Salurday shall be ,
observed on the pr'ror �riday and paid for at doub4e (2) the regular straight fime rate of pay, if worked. No wark shall
be performed on Labor Day except in case of emergency.
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ANNUAL WAGE ORDER N0. 18
AW01B 083 BHol.doc Pape 2 of 2 Pages
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He�avy Construcfion Rates for REPLACEMENT PAGE Section 083 I
PLATTE County I
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OCCUPATIONAL TlTLE * Date of Hourly Time Holiday Tota� Fringe Benefits '
increase Rates Schedule Schedule
CARPEIVTER
Joume men $33.70 1 17 $94.35 ,
Milfwri ht $33.70 1 17 $14.35 I
Pile Driver Worker $33.70 9 17 $14.35 I
OPERA7ING ENGINEER
Grou I 6/11 $32.33 3 2 $13.88
Grou II 6/11 $31.29 3 2 $13.88 i
Grou III 6/11 $31.29 3 2 $93.88
Grou I�J 6/11 $26.82 3 2 $13.88
Oiler-DriVer 6/11 $30.17 3 2 $13.88
CEMENT MASON $28.84 3 2 $13.63
LABORI=R
General Laborer 6/11 $26.64 3 2 $12.49
Skilled l.aborer 6/11 $27.85 3 2 $12.49
TRUCK DRIVER-TEAMSTER
Grou I 6/11 $29.19 3 2 $11.65
Grou II 6/11 $29.19 3 2 $11.65
Grou III 6/11 $29.19 3 2 $11.65
Grou fW 6/11 $29.19 3 2 $11.65
Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of I
construc�ion work estabEished in 8 CSR 30-3.040(3). I
I
Use Building Construction Rates on Building construction in accordance with the classifications of construct+on
w�rk est�blished in 8 CSR 30-3.040(2).
if a work�r is performing work on a heavy construction project within an occupational title that is not listed on the
Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate sheet.
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*f4�nual Incremental lncrease ANNUAL WAGE ORDER NO. 18 6/11
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PLATTE COUNTY i
OVBRTIME SCHEDULE — HEAVY CONSTRUCTION ;
FED: Minimum requirement per Fair Labor 5tandards Act means time and one-half (1 Y:) shall be paid for all work in '
excess of forty (4Q) hours per work week.
NO. 1, Means (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2)
hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through ;
Thursday, each day consisting of ten (10) hours straight iime. The four (4) tens (10s) must run tor a period of at least '
four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid al the rate of time
and one-half (1'/). All work pertormed on Saturday shall be paid at time and one-half (1Y:). All work performed on
Sundays and recognized holidays must be paid at dou6te (2) tima. All work performed prior to or after the regu{ar eight
(S) hour work day, or ten (10) hour work day, as described above shall be paid at time and one-half {1'/) the regular
rate.
NO. 3: Means a regular work week shall consist of not more than forty (40) hours of work and all work performed over {
and above tan (10) hours per day or forty (40) hours per week shall be paid at the rate of time & one-half (i Y). Workers �,
shall re�eive time and one-half (1'/) for al! work performed on Sundays and recognized holidays. Double (2) fime shall �
be paid for work pertormed on Sundays or re�ogniaed halidays when and oNy if any other craft employees of the same I
employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is I
to be��in between 6:00 a.m. and 9:00 a.m. at the opfion of the Employer excepi when inclement weather or other
conditions beyond the reasonahle control of the Empioyer prevents work, in which event, the starting time may be
delaye:d, but not later than 12:00 noon. Where one of ihe recognized fialidays falis or is observed 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
(1'/:}.
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ANNUAL WAGE ORDER N0. 16
AWO1B 083 HOT.doc Page 1 of i
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PLATTE COUNTY I
HOLIDAY SCHEDULE— HEAVY CONSTRUCTION I
NO. 2: All work performed on New Years Dey, Decoration Day (Memoria� Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day and Christmas bay, or days observed as such, and Sundays shall be paid at fhe rate of i
time and one-half (9'/). Double (2) time shall be paid for work on Sundays or recognized holidays when and only'rf other
craft employees of the same employer at work on that same job site are receiving doubfe (2) time pay for that Sunday or
hoiiday work. No work shall be pertormed on Labor Day, except in case of jeopardy of life or property. This rule is
appliecf to protect Labor Qay. When one of the above holidays falls on a Saturday, the preceding Friday shall be
observed; when the hoiiday falls on a Sunday, the following Monday shall be observed. Where one of the specified
holidays falls or is observed during the work week, then all work perfortned over and above lhirty-two (32) hours in that
week �hall be paid at the rete of time and one-half (1'/}.
N0.17': All work performed on New Yea�s Day, Decoretion Day (Memorial Day), independence Day (Fourth of July},
Labor I�ay, Thanksgiving Day, Christmas Day, or days obseroed as such, shall be paid at the rate of dooble {2) time.
When a holiday fails on a Saturday, Frlday shall be observed. When a holiday falls on a Sunday, Monday shall be `
observed. No work sha{f be parform.ed on the Fourth of July or Labor Day except to save life or property. Where one of �
the holidays specified falls or is obseroed during fhe work week, then all work performed �ver and above thirty-two (32) �
hours in that week shall be paid at the rate of time and one-half (1'/). i
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AWOtE! 063 HHol.doc ANNUAL WAGE ORDER N0. 18 Page 1 of 1
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OUTSIDE ELECTRICIAN
These rates are to be used for the following counties:
Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray
and Saline
COMMERCIAL WORK
Occu ational Title Basic Tota!
Hourl Frin e
Rate Benefits
Jaurne man Lineman $38.40 $5.OQ + 34.5°!0
Lineman O erator $35.82 $5.00 + 34.5%
Groundman $25.44 $5.00 + 34.5%
UTILITY WORK
Occu ational Titfe Basic Total
Hourl�_ ____ __ Fringe
Rate Benefits �
,
Journe man Lineman $36.53 $5.00 + 34.5% j
Lineman O erator $33.76 $5.00 + 34.5% ',
Groundman $23.54 $5.D0 + 34.5°/a
OVERTIME RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. I
shall cons6tute a work day. Forty (40) hours within the five (5} days, Monday through j
F'riday inclusive, shall constitute the work week. 5tarting time may be adjusted noi to
exceed two (2) hours. Work perforrned outside o# the aforementioned will be paid at the
applicable overtime rate. When starting time has been adjusted, all other provisions
concerning the work day shall be adjusted accordingly. The overtime rate of pay shall be I
one and one-half {1'/=} times #he regular rate of wages, other than on Sundays, holidays I
and from Midnight untif 6:00 a.m., which will be paid at double (2) the straight time rate. '
HOLEDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, ;
Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at I
the double time rate of pay. If the hofiday falls on Saturday, it will be observed on Friday; if ',
the holiday falls on Sunday, it will be observed on Monday, and shal! be paid for at doubfe I
(2) the regular straight time rate of pay.
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ANNUAI, WAGE ORDERNO. 18 sni
KC7_ONE 1 AIVOIS.doc �
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CITY OF Business License Application
� RIWERSI 2950 NW Vivion Road Phone: 816-741-3993
r�issc;:, Riverside, MO64150 Fax: 816-7 9
._� _, �..,
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Business Start Date /__% � `� 1�, 1 � ' ' � ',''.��
Legal Name of Business �a� C o �a� n-�-i n Z n G JAN 1 g 2012 u
Common Name of Business or DBA
Nature o1'Business �a i�`1'� N� B`! �"`
Business Address 5fl o Zu rr� w c,,.� f �J � City _�' ✓ a n c�v ��e � State !� Zip !� Yv �`�
Mailing flddress 5+ �- City State Zip
Local Phone (�5�4} '7 �o I - 3 3 S3 Corp. Phone ( ) Cell Phone ( )
Fax (��(v) 7(a 3 ��70 3 E-Ivlail Address YYI �cl��e �e �(Q�. ��� � y� [fl��
Primazy Contact Name (ownedCorp. ngenq ,' R r✓i �S � o u r Home Phone ( )
Home Address � Z - �j � I(0 3 Rd City L-ees Su..,.,,, ;�- State ��7 7,ip G Yo $Z
Date of Birth � 0 5� Drivers License Number � 1 D d��� 3?� State Issued M D
Seconda � Business Contact Name Phone
Please Com lete this section if our business is h sicall located in Riverside.
Tota] number of persons employed at this location
Total Squarc Footage
Missowi State Sales Tax Number Pederal Identification Nurnber
Is Dusine;ss located in a Riverside residence?
Business previously located at this address:
Please r.om lete this section if our business has a fire or intrusion alarm.
Date Ala�-m [nstalled
Person to contact in case of alarm, if differenf than primary business contact:
Alarm Contact Fhone Numbers: Daytime ( ) Evening ( )
Name of.Alarm Monitoring Company
I de of erjury [hat to the best of my know9edge and belief thc statements made herein are true and correct.
J ��„�,�.
S� a[ure of Own (s) or Corporation AgendOwner llate
' ��" ��� Notification is krndly requested ifyou discontinue business.
Title: Owner, Partner Manager or Corporate Officer
The opplicmU e�ar:�nm[c (Ae buthJnbiecs nfrhe inJomiaGwi iiv Ihls opplicaumr. /f inenrrre! b formalYon rs prmBded, Ihis lic¢nse may be revoked. /Jlieeiise u� lis�eed xvon�idly, whe�her bm�ed orr misinfarnra�on nr an
improper appllcat�op oflhe wde, !hd ficvnse may be revoked. The oppl7canl agrces lo abide by a!/ Povere�ide Ordiirmrces qnd Stafe !aN•s mrd rrgulatlons Cousfrnclirno contracmrs miu( snhmr! a rnirrenl {Yorkers'
CanpeiisalratCerl�rnttprn'manNO2SMoChapfer?8L (IJerexrp(ewonraf�dvvilwaslbesigriedarWthumayAedm�enrCiryHa!l/
License Efl:ective from ���0.��Z To 12-31- 201L Yearly Fee a�,4. QD Approved by
License Amount Remitted ��$. aD Type of Payment �,�,$Q y Business License Number p►'�` b
IVE �RSID CITY OF RIVERSIDE p(p�RpTIONOd1TE
�' BUSINESS LICENSE 12�31�ZO1z
DATEISSU� LICENSENUMB6�
y s 1/19/2012 0716
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LICBdSE FOR
LOCATION OF BUSINESS CONTRACTOR
This license is to be displayed conspicuously at the location of 6usiness, and
is not transfereble or assignable. FEE CLASS
$48.00 CONTRACTOR OUT
THIS LICENSE IS ISSU� PURSUANT TO THE
D'AYCO PAINTING, INC. PROVISIONS OFTHECITYCODEOFTHECITY
SDO ZUMWALT OFRIV9ZSIDEANDAMENDMENTSTHEREfO.
GARNDVIEW MO 64030
Mayor
Clerk
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A L.���� CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 �2i3o;zo 1'
THIS CEIRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFIi�ATE DOES NOTAFFIRMATIVELY OR NEGAT�VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTI�NT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies�must be endorsed, If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in Ifeu of such endorsement(s).
PRODUCER I CON7ACT
-NAME_. _.�_ __ _ —_..
Willie oP Nansae, xnc. �
PHONE
c/o ze Century Elvd. ann [�SS: x � _ cer_tifi atea�willi FA�n¢�888 467-2378_
P. O. Hox 305191 I E-MAIL �
Nashville, TN 37230-5191 ' � B COm __
� INSURER( �NAIC# �
. _ _...—. _—_ _—__.__ . -
... _ . ._ ._. ___.—.___.-___—
iNSURERA;Ch Oak eir Inaurance Company 25615-001
INSURED _ _.._ . .. ..._. . __ .. . . _. __ .
Daym Painting Inc. �,INSURERB:Travelers Indemnity Company 25658-001
._ ____ _-____. __ _ ..
..___-_.__— .. _ _. _ .
500 Zumwalt �INSURERQ The Standard Fire Ineurance Company 19070-001
Grandview, MO 64030 `-- - -- --- �— -����---- ���-- - -
INSU RERO:xravelera Indemn Company oP America, T 25666-001
_. . ..___ ._..__.. __.____—. __ ._._. .
�INSU RER E:
_ . ___— —'_—'—'_"__'___ _
___ . _ . _. . _—..___. ..
INSURER F:
COVERAGIc5 CERTIFICATE NUMBER: i7256o88 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURl�NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATEO. NOTWITHSTANDING ANY REQUIREMENT. TERM OR GONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDE� BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXC W SIOIJS AND CONDITI OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE� BY PAID CLAIMS.
�-- ------ - .... ____ _ ._._ �_ ._--. ._..._.._— --- -___.---�------
INSR �rypEOFINSURANCE �� ��✓+pD' SUBR pOUCYNUMeER �POUCYEFF POUCYERP I LIMI73 ��
p, �GENERAL.LIA8ILITY ¢TC013].JSBJZCOF�.2 Zf1�2012 1�1�2�13 i EACHOGCURRENCE $], QQQ
I X � COi NMERCIALGENER4�uABILITV I PREMISE Ee ociurencel _. S
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CWMS-MA�E X I OCLUR I MEDEXP�Anyoneperson) $� 1O
' PERSON 8 1�000�000
IGEN'LAGUREGATELIMITAPPLIESPER:� I � I .GENER4LRGGREGATE____ �S _2�_OOO
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' � EXCESS LIAB � �I ClA1M5-MADE I I ! I �. �, AGGREGATE i8 5�_OOOr 000
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OFFICEPoAAEMBEREXCWDEO? I
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I OESCRIPTIONOFO?ERP,TION5beiow j ' E.LOISEASE-POLICYUMIT E 1,000,000
D linetall.ation Floater 'QT6603345P24ATIAl2 1 1/2012 1 1/2p13 $50,000 Per i,oc/Tranait/Disaster
D Leased/xented Equipment IQT6603345P24ATIAl2 , 1/1/2012 1/1/2013 i S175,000 Maximum per Item
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�ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is requirod)
CERTIFICATE HOLDER CANCE�LATION
� SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE
THE EXPIRATION �ATE THEREOF, NOTICE WILI BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REpRESENTATIVE
PROOF OF INSIIRANCE
. �
Co11:3588566 Tp1:1389368 Cert:17256088 �1988-2010ACORDCORPORATION.Allrightsreserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Robin Carnahan Secretary of State File Number: 201023790828
2010-2011 BIENNIAL REGISTRATION REPORT 00287924
Bus1NF:ss Date Filed: 08/25l2010
Robin Carnahan
❑✓ I ELEC't TO FILE A BIENNIAL REGISTRATION REPORT
Secretary of State
REPORT D[rE BY, 10/31/2010 � RENEWAL I�fON"1'Ei:
July
l OP'I"1'O CIiANUE THF. CORPORATION'S
00287924 ❑ �u:Nr:wAi, naorrrx To
roli n �2s.00 rrL.
�AYCO PAINTING, INC. -- -
JAMES W. GOCHENOUR, JR. PRINCIPAL PLACE OF BUSINESS OR
CORPORATE HEADQUARTERS:
500 ZUMWALT AVENUE 500 Zumwalt Ave. (Requll'2d)
GRANDVIEW, MO 64030 � _
S'II2}{k:'1
Grandview, MO 64030
CITY/STATE �Tp
If changiiug the registered agent and/or registered office address, pleuse cheek the appropriate bo�(es) and till in the necessary information.
� The new registered agent
TF CHAIVGI�G THE REGiSTF,RF,D AGF,NT, AN ORIGINAL WffiTTEN CO�SENT FROM THE NEW
2 REGLSTERED AGENT MITST BE ATT9CHED AND FILED WITH TffiS REGISTRATIOn REPORT.
❑ 'Ihe new rcgistered oLTice address
'�iust be a Missouri s�dress, PO Box alone is not t�cceptable. This section is not applicable fur Banks, Trusts and Foreign Insura�ce.
OFFICERS BOARD OF DIRF.CTORS
NAME A1�D PHYSICAL ADDRESS (P.Q BOX ALONE NOr NAMG AND PIIYSICAL AllDRLSS (P.O. BOX ALONE N07' U
ACCEPI�ABLE). �ILrST I1ST PRESIDF,n'P AIVD SECRETARI' SF.L014'� � ACCEPTADLC). (M17UST I.IST AT i,F1ST ONF. DIRECTOR SELObVI �
PRES James W Gochenour (Required� N.4:lIF James W. Gochenour (Required)
STRP.ETiRT 825 S.W. 163rd STREFT/RT 825 3. W. 16Srd
CITYiSTATG�ZIP Lee's Summl� MO 64082 __ CITY%STATGZIY Lee's Summit, MO 64082
V -PRF,S ..................................................... NAME .....................................................
STRF.F,'CiRT ............................................................................ STRF,F.T'RT .................................
3 ...........................................
CITY!STATEiZIP CI"I Y�S1A'CE'Z1Y
SEC'}' Christlne Gochenour (Required) NAME .....................................................
s'1'R�r'1'iR'1' 825S.W.163rd S'1Rr;E17HT ............................................................................
Cl'1'Y!S'fF�l'HiZIP Lee's Summit, MO 64082 CI1'YiS'I'AT[:�"LIP
1'ItLAS ..................................................... NAML ...................................................
STREET/RT ............................................................................ STRL�TiRT ............................................................................
CITY'STATE%ZIP CITY�STATF'7.IP
NAMES AND ADDRESSES OF ALL OTHER OPFTCERS ANn nIRF.CTORR ARF. ATTACHF.D
lhe imdersigned mid�rstands thut false statements made in this report �re punishable for [lie crune of making a false
declazation imder Section 575.Q60 RSMo. Photoco�y or st�mp� sigvahire not acceptable.
q Authorized party or officer sign here James W Gochenour (Requifed)
Please nrint name and tiqe of siener: James W Gochenour / President
NAMG T"ITI,P.
REGI`.iTRAT10N REPOR'I' F'LE IS: WFTEN TFTIS FORM I5 ACCEPTED BY THE SECRETARY OF STATE,
g40.00 If filed o�i or befare 10'31 BY LAW IT WCLL BECOME A POBLIC DOCUMLNT AND ALL
&'55.00 If filcd on or bcforc 11�30 INFORDIATION PROVIDED IS SUB.IECT TO PUBLIC DISCLO5l:RE
g170.00 Ii filcd on or fieCarc 12,'31
$R5.00 If filed on or befure 1/31 j
A➢D AN ADD[TIONAI. 525.00 F'F:F. IF CHANGTV6 L ADDRESS (OPTIONAL) ,
THE REVE�i'AL MOV'fH.
REQUIRED INFORMATION MiTST BE COMI'LETE OR THE REGISTRATION REPORT WILL BE REJECTED
MAKE CHECK PAYABI:F. TO DIRF.CTOR OF RF.VENiJE
R�TURN COMPLETED REGI5"I'RATION REPORT AlVL) PAYM}?NT TO. S�retary of State, P.O. Bo� 1366, JeYterson City, MO 65102
Page 1 of 1
Missouri Secretary of State, Robin Carnahan
SOS Home :: Business Services :: Business Entity Search
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Entity Creation Date: 6/25/1986
State of Business.: IA
Expiration Date: Perpetual
Last Registration Report 4/5/2011
Filed Date:
Last Registration Report 2011
Filed:
Registration Report Month: January
Registered Agent
Agent Name: ####
Office Address: 2100 FLEUR DRIVE
DES MOINES IA 50321-1 1 58
Mailing Address:
600 West Main Street
Jefferson City, MO 65101
(573) 751-4936 �
https:l/�vww.sos.mo.gov/BusinessEntity/soskb/Corp.asp?707803 O 1 /25/2012
GTY QF
, �t�VE R5 �
�,� MissoU�►
Upstredm from ard�nary' .
N!'iTICQ TQ► PRO�L��
DA7"E: January 31, 2{11.2
PRf�JECT: Publio Safety Facility Int�erinr Pai.ntin�
PRfJJ�CTNO.; n/s
RESOLU'1`��1V: R,-2012-003 (appraved January 17. 2U12)
TO; I3ayeo Painting, Inc,
500 �unnwatt Avs
Cirettdvietiv, MO G�F�30
You are hereby notified to conamence t�vork on or a#ter tho 31 d�y o�' Tanuary 201.2 in
accardanee with the,Agreement daked Janufuy 30, 2012,
�'he work sk�all be substantial�y crnnpleted tvithin fiD worldng days. Ti�e date of ,
substa�tial completian is An��ll_ZS�, 2012. Th� projeet slzall bc completed and remdy .far
fin�l paymenE by Mxv �,�41Z.
CITY O�' ItI VERS E(C7�w cr)
r
BY: G
� David B[ar.kburn, C`.rty Admi�istratQr
Reeeapt of the above TdOTIGE TO PROCEEI) is hereby acknowledged
f
;
.
8��----
J es GochenQUr
�nt
this the �_ d�Y of �,,�.4�, 2Q t?.�'
�
CITY OF
- RIVERSI
MISSOURI
Upstreom from ordinary.
NOTICE TO PROCEED
DATE: January 31, 2012
PROJLCT: Public Safety Facility interior Painting
PROJECT NO.: n/a
RESOLU'1'ION: k-2012-003 (approved January 17, 2012)
TO: Dayco Painting, Inc.
500 Zumwalt Ave
Grandview, MO 64030
You are hereby notitied to commence work on or after the 31'` day of January, 2012 in
accordance with the Agreement dated January 30, 2012.
"1'he work shall be substantially completed within 60 working days. The date of
substantial completion is Apri125, 2012. The project shall be completed and ready for
final payment by Mav 9, 2012.
CITY OF RIVERSiDF. (Owner)
�
BY: �
David Blackburn, City Administrator
�
Receipt of the above NOTIC� TO PROCEED is hereby acknowledged
BY:
,
(Title)
this the day of , 20_